HomeMy WebLinkAbout10-3454,4 1
I i 24 PM 3. 19
ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 Attorney for Plaintiff
BLUE CHIP FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
v /?NO. !o - 3454 l.avil? I
VINCE E. COLLER,
Defendant(s)
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
$Ra. ob Po A`rN
P,* a'4.1 W 0
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accion dentro de los proximos veinte (20) dias despues de la notificacion de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparencencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar accion como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
BLUE CHIP FEDERAL CREDIT UNION
Plaintiff
v
VINCE E. COLLER,
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION -LAW
COMPLAINT
The Plaintiff, Blue Chip Federal Credit Union, by its attorneys, KODAK & IMBLUM,
P.C., brings this action of Assumpsit against the Defendant to recover the sum of FOUR
THOUSAND TWO HUNDRED NINETY NINE DOLLARS AND EIGHTY-THREE CENTS
($4,299.83), along with interest thereon at the rate of 10.90% from April 10, 2010, upon a
cause of action of which the following is a statement:
1
2
The Plaintiff, BLUE CHIP FEDERAL CREDIT UNION, is a Banking Association
organized and existing under the laws of the Commonwealth of Pennsylvania,
having mailing principal address of 5050 Derry Street, Harrisburg, Dauphin County,
Pennsylvania 17111.
The Defendant, VINCE E. COLLER, is an adult individual residing at 262 WALNUT
BOTTOM ROAD, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013-
3739.
:AUtil'RV'PC NYA\CC1MM<?N 111], A'; C 1Y5\C(?MPLAIhTS\BLUF CI IIP FCU\PLUV CI III' 37093 cc.??pd
3. On or about June 17, 2003, Defendant submitted a Credit Card Application to
Plaintiff, which credit was granted to Defendant, a true and correct copy of which is
attached hereto, marked Exhibit "A" and made a part hereof.
4. Defendant did, at various times, in various places, and for various amounts, avail
himself of using the card for credit, thereby creating a balance due and owing in the
amount of THREE THOUSAND FIVE HUNDRED FORTY EIGHT DOLLARS AND
NINETY-ONE CENTS ($3,548.91), as set forth on Plaintiff's Statement of Account
attached hereto, marked as Exhibit "B" and made a part hereof.
5. The prices charged for said goods, wares, merchandise, services, and/or labor
which Defendant charged on said card were just and reasonable, were the legal and
market prices therefor and were the prices which the Defendant promised and
agreed to pay.
6. Due to Defendant's default in payment of said amount due and owing as aforesaid,
interest and late fees have been added to said account in the total amount of
THIRTY FOUR DOLLARS AND TWENTY-EIGHT CENTS ($34.28), as shown on
Exhibit "B" hereto.
F:A USPR\ TONYA\COMMON FLFAS CMPS\COMPLAINTS\ BI,UF: CHIP FCU\ BL.UL' CHIP 37093 ccti-pd
7. Due to the default of Defendant(s), and pursuant to the terms and conditions of the
Credit Application executed by Defendant(s) attached hereto as an Exhibit,
attorney's fees in the total amount of SEVEN HUNDRED SIXTEEN DOLLARS AND
SIXTY-FOUR CENTS ($716.64) have been added to said account.
8. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOUR
THOUSAND TWO HUNDRED NINETY NINE DOLLARS AND EIGHTY-THREE CENTS
($4,299.83), together with interest as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
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BLUE CHIP FEDERAL A table that includes the APRs and
CREDIT UNION other required cost disclosures for C
5050 Derry Street jy/S
® Harrisburg, PA 17111 credit card applications is on the
(717) 564-3081 reverse side of this application. CREDIT CARD APPLICATION
.. . . -1 ' .. , . .
,Individual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if:
(1) you live in or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI);
2 your spouse will use the account, or
3 you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance,
complete the Other section to the extent possible about the person on whose payments you are relying.
OJoint Credit: If you are applying with another person, complete the Applicant and Other sections.
NAME (Last - FirJ?I -, Initial) /? MOT E 'S MAIDEN NAME
/ J - c1il3 .) , i. CS
ACCOUNT NUMB R / SOCIAL SECURITY NUMBER
4 .
f? s 3Zz
DRIVER'S LICENSE NUMBER / STATE'n-
BI . A HOME PHONE. W RK PHONE/ EXT. (} 57?? 12
E-MAIL ADDRESFS -
PRES{ST?,-?VT ADDRESS treet - City - Sta?l p) DWN ? RENT YEARS AT THIS.
UJ 1? isG C ?L ADDRESS
MORTGAGE/RENT OWED TO: r ? 1-701:>
L7 ; / i G
MORTGAGE BALANCE MON Y PAYMENT INTEREST.
COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY
PROPERTY STATE:
? MARRIED ? SEPARATED ? UNMARRIED (Single - Divorced -Widowed)
,Employmentllncorne ? i„ f
NAME AND
ADDRESS OF. EMPLOYER
STAR POSITION - , 9 '
OR
$ fi T INCOME _ OTHER INCOMI
$ PER f? $
? NET EAGROSS V SOURCE
Deposit Account Name & Account Number.
SAVINGS I
CHECKING
CE INCOME NEED NOT BE
DEFIED.
PER
VALUE Creditor N?
>0n- CREDITOR
[:Ct CREDITOR
NAME (Last - First - Initial) MOTHER'S MAIDEN NAME
ACCOUNT NUMBER SOCIAL SECURITY NUMBER
DRIVER'S LICENSE NUMBER /STATE
BIRTH DATE HOME PHONE WORK PHONE/ EXT.
E-MAIL ADDRESS
PHESENT ADDRESS (Street - City - State - Zip) ? OWN ? RENT YEARS AT THIS
ADDRESS
MORTGAG E/R ENT OWED TO:
MORTGAGE BALANCE I MONTHLY PAYMENT INTEREST RATE
COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY
PROPERTY STATE:
? MARRIED ? SEPARATED ? UNMARRIED (Single - Divorced -Widowed)
NAME AND
ADDRESS OF
EMPLOYER
START DATE POSITION
NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE
REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED.
EMPLOYMENT INCOME OTHER INCOME
$ PER $ PER
? NET ? GROSS SOURCE
me &Account Number BALANCE MONTHLY PAYMENT
_ l j. - I $ 7 C $ Z% C) ZS
$ -3 $ i tZd?£?
VIner IniOrmation `- APPLICANT OTHER
About-You IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN #7, EXPLAIN ON AN ATTACHED SHEET
YES NO YES NO
1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN?
2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY, HAD A DEBT ADJUSTMENT PLAN CONFIRMED UNDER r?
CHAPTER 13, HAD PROPERTY FORECLOSED UPON OR REPOSSESSED IN THE LAST 7 YEARS, OR BEEN A PARTY IN A LAWSUIT?
3. ARE YOU A CO-MAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE?
FOR WHOM (Name of Others Obligated on Loan): t A TO WHOM (Name of Creditor):
NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU jZ-3c) fi
state Lew Notices - OHIO RESIDENTS ONLY: The Ohio laws against discrimination
require that all creditors make credit equally available to all creditworthy customers, and
that credit reporting agencies maintain separate credit histories on each individual upon
request. The Ohio Civil Rights Commission administers compliance with this law.
WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement,
unilateral statement under Section 766.59, or court decree under Section 766.70 will
adversely affect the rights of the Credit Union unless the Credit Union is furnished a copy
You promise that everything you have stated in this application is correct to the
best of your knowledge. If there are any important changes you will notify us in
writing immediately. You authorize the Credit Union to obtain credit reports in
connection with this application for credit and for any update, increase, renewal,
extension, or collection of the credit received. You understand that the Credit Union
will rely on the information in this application and your credit report to make its
decision. If you request, the Credit Union will tell you the name and address of any
credit bureau from which it received a credit report on you. It is a federal crime to
willfully and deAerately provide incomplete or incorrect information on loan
applications ryrade to feel d&mvot arstate chartered credit unions insured
APPLICANT
FOR" ;,
-QFED1T UNION' 'APPROVED NI? OF CARDS CREDITLIMn j
UG T? LY ?"' t ff orc INED' CREDIT:COMMITiEEOR LOAtJ OFFICER SIGNATl1RE
CUNA MUTUAL GROUP. 2001, ALL RIGHTS RESERVED
O ORDER: 1800356-5012 DETACH AND RETI tR
HOME PHONE: 60
( ?-?
of threement, statement-or decree, or has actual knowledge of its terms, before the
credK-1,9 ranted or the account is opened. (2) Please sign if you are not applying for this
account or loan with your spouse. The credit being applied for, if granted, will be incurred
in the interest of the marriage or family of the undersigned-
X
SIGNATURE FOR WISCONSIN RESIDENTS ONLY DATE
by NCUA. You understand that the use of your card will constitute acknowledgment
of receipt and agreement to the terms of the credit card agreement. A condition of
your account is your granting us a security interest in your share accounts.
By signing below you grant us a security interest in all individual and joint
share and/or deposit accounts you have with us now and in the future to
secure your credit card account. Shares and deposits in an Individual
Retirement Account and any other account that would lose special tax
treatment under state or federal law if given as security are not subject to this
security interest. When you are in default we may apply the balance in these
accounts to any amounts due under the credit card agreement.
lix (SEAL
OT TE
N TFIIS
EXHIBIT
J
ACAV20 5101
28003c)
BLUE CHIP FEDERAL CREDIT UNION
5050 Derry Street
Harrisburg, PA 17111
(717) 564-3081
INC.LLf 0Ev W) 7-H
v( S4 4PPS? c4T-lelJ
V/SA
VISA CREDIT CARD AGREEMENT
In this Agreement the words "you" and 'your' mean each and all of those
who agree to be bound by this Agreement; "Card" means the VISA credit
card and any duplicates, renewals, or substitutions the Credit Union issues
to you; "Account' means your VISA credit card line of credit account with
the Credit Union, and "Credit Union" means the Credit Union whose name
appears on this Agreement or anyone to whom the Credit Union transfers
this Agreement.
Using Your Account. If you are approved for an Account, the Credit
Union will establish a line of credit for you and notify you of your credit
limit. You agree that your credit limit is the maximum amount
(purchases, cash advances, finance charges, plus "other charges")
that you will have outstanding on your Account at any time. If you are
over your credit limit, you must pay the amount you are over before
payments will begin to restore your credit limit. You may request an
increase in your credit limit only by a method acceptable to the Credit
Union. The Credit Union has the right to reduce your credit limit, refuse
to make an advance and/or terminate yourAccount at any time for any
reason not prohibited by law.
Using Your Card. You may use your Card to make purchases from
merchants and others who accept VISA Cards. However, you may not
use your Card to initiate any type of electronic gambling transaction
through the Internet. If you wish to pay for goods or services over the
Internet, you may be required to provide card member security
information before you will be permitted to complete the transaction.
You may also obtain cash advances from the Credit Union and from
other financial institutions that accept VISA Cards, and from some
automated teller machines (ATMs). (Not all ATMs accept VISA Cards.)
To obtain cash advances from an ATM, you must use the Personal
Identification Number (PIN) that is issued to you for use with your Card.
You agree that you will not use your Card for any transaction that is
illegal under applicable federal, state, or local law.
3. Responsibility. You agree to pay all charges (purchases and cash
advances) to your Account that are made by you or anyone whom you
authorize to use yourAccount. You also agree to pay all finance charges
and other charges added to your Account under the terms of this
Agreement or another agreement you made with the Credit Union. If this
is a joint Account, Section 17 below also applies to your Account.
Finance Charges. New purchases posted to your account during a
billing cycle will not incur a finance charge for that billing cycle if you
had a zero or credit balance at the beginning of that billing cycle or
you paid the entire New Balance on the previous cycle's billing
statement by the Payment Due Date of that statement; otherwise a
finance charge will accrue from the date a purchase is posted to your
account. To avoid an additional finance charge on the balance of
purchases, you must pay the entire New Balance on the billing
statement by the Payment Due Date of that statement. A finance charge
begins to accrue on cash advances from the date you get the cash
advance or from the first day of the billing cycle in which the cash
advance is posted to your account, whichever is later.
The finance charge is calculated separately for purchases and cash
advances. For purchases, the finance charge is computed by applying
the monthly periodic rate to the average daily balance of purchases. To
get the average daily balance of purchases, we take the beginning
outstanding balance of purchases each day, add any new purchases,
and subtract any payments and/or credits. This gives us the daily balance
of purchases. Then, we add all the daily balances of purchases for the
billing cycle together and divide the total by the number of days in the
billing cycle. This gives us the average daily balance of purchases.
For cash advances, the finance charge is computed by applying the
monthly periodic rate to the average daily balance of cash advances.
To get the average daily balance of cash advances, we take the
beginning outstanding balance of cash advances each day, add in
any new cash advances, and subtract any payments and/or credits
that we apply to the cash advance balance. This gives us the daily
balance of cash advances. Then, we add all the daily balances of
cash advances for the billing cycle together and divide the total by the
number of days in the billing cycle. This gives us the average daily
balance of cash advances.
The monthly periodic rate for purchases is 0.90833%, which is an
ANNUAL PERCENTAGE RATE of 10.9%. The monthly periodic rate
for cash advances is 1.04166%, which is an ANNUAL PERCENTAGE
RATE of 12.5%.
Q CUNA Mutual Group, 1991, 2005
(28003cv) 10/26/05 21436
A M E R I LA'S
CREDIT UNIONS
5. Other Charges. The following other charges (fees) will be added to
yourAccount, as applicable:
a. Over-the-Credit-Limit Fee: You may be charged a fee of $15.00
on a statement date if your New Balance on that date, less any
fees imposed during the cycle, is over your credit limit. You will
be charged the fee each subsequent month until your New
Balance on the statement date, less any fees imposed during the
cycle, is BELOW your credit limit.
b. Late Payment Fee: If you are sixteen (16) or more days late in
making a payment, a late charge of $20.00 will be added to your
account.
C. Return Check Fee: If a check or share draft used to make a
payment on your account is returned unpaid, you will be charged
a fee of $15.00 for each item returned.
d. Collection Costs: You agree to pay all costs of collecting the
amount you owe under this Agreement, including court costs and
reasonable attorney's fees.
6. Payments. Each month you must pay at least the minimum payment
shown on your statement by the date specified on the statement or no
later than twenty-five (25) days from the statement closing date,
whichever is later. If your statement says the payment is "Now Due,"
your payment is due no later than twenty-five (25) days from the
statement closing date. You may pay more frequently, pay more than
the minimum payment or pay the Total New Balance in full. If you
make extra or larger payments, you are still required to make at least
the minimum payment each month yourAccount has a balance (other
than a credit balance). The minimum payment is 2.5% of your Total
New Balance, or $25.00, whichever is greater, plus the amount of any
prior minimum payments that you have not made, and any amount
you are over your credit limit. The Credit Union also has the right to
demand immediate payment of any amount by which you are over
your credit limit. .
7. Payment Allocation. Subject to applicable law, your payments may
be applied to what you owe the Credit Union in any manner the Credit
Union chooses. We may accept checks marked "payment in full" or
with words of similar effect without losing any of our rights to collect
the full balance of your account with us.
8. Security Interest. If you give the Credit Union a specific pledge of
shares by signing a separate pledge of shares, your pledged shares
will secure your Account. You may not withdraw amounts that have
been specifically pledged to secure your Account until the credit union
agrees to release all or part of the pledged amount. In addition, your
Account is secured by all other shares you have in any individual or
joint account with the Credit Union, except for shares in an Individual
Retirement Account or in any other account that would lose special tax
treatment under state or federal law if given as security. These other
shares may be withdrawn unless you are in default under this agreement.
You authorize the Credit Union to apply the balance in your individual or
joint share accounts to pay any amounts due on your Account if you
should default. Collateral securing other loans you have with the Credit
Union may also secure this loan, except that a dwelling will never be
considered as security for this Account, notwithstanding anything to the
contrary in any other agreement.
9. Default. You will be in default if you fail to make any minimum payment
or other required payment by the date that it is due. You will be in
default if you break any promise you make under this Agreement. You
will be in default if you die, file for bankruptcy or become insolvent,
that is, unable to pay your obligations when they become due. You
will be in default if you make any false or misleading statements in any
credit application or credit update. You will also be in default if
something happens that the Credit Union believes may substantially
reduce your ability to repay what you owe.
When you are in default, the Credit Union has the right to demand
immediate payment of your full Account balance without giving you
notice. If immediate payment is demanded, you agree to continue
paying finance charges, at the periodic rate charged before default,
until what you owe has been paid, and any shares that were given as
security for your Account may be applied towards what you owe.
10. Liability for Unauthorized Use-Lost/Stolen Card Notification. You
agree to notify us lmmedtately, orally or to wng at 5050 Derry Street,
Harrisburg, PA 17111 or telephone (800) 991-4961 seven (7) days a
week twenty four (24) hours a day or (717) 564-3081 Monday through
Friday business hours, of the loss, theft, or unauthorized use of your
CONTINUED ON REVERSE SIDE
Credit Card. You may be liable for the unauthorized use of your Credit
Card. You will not be liable for unauthorized use that occurs after you
notify us of the loss, theft, or possible unauthorized use. You will have
no liability for unauthorized purchases made with your credit card,
unless you are grossly negligent in the handling of your card. In any
case, your liability will not exceed $50.
11. Changing or Terminating Your Account. The Credit Union may
change the terms of this Agreement from time to time. Notice of any
change will be given in accordance with applicable law. If permitted by
law and specified in the notice to you, the change will apply to your
existing Account balance as well as to future transactions.
Either you or the Credit Union may terminate this Agreement at any
time, but termination by you or the Credit Union will not affect your
obligation to pay the Account balance plus any finance and other
charges you owe under this Agreement. You are also responsible for
all transactions made to your Account after termination, unless the
transactions were unauthorized.
The Card or Cards you receive remain the property of the Credit Union
and you must recover and surrender to the Credit Union all Cards upon
request or upon termination of this Agreement whether by you or the
Credit Union. The Credit Union has the right to require you to pay your
full Account balance at any time after your Account is terminated,
whether it is terminated by you or the Credit Union. If this is a joint
Account, Section 17 of this Agreement also applies to termination of
the Account.
12. Credit Information. You authorize the Credit Union to investigate vour
credit standing when opening or reviewing your Account. You authorize
the Credit Union to disclose information regarding your Account to credit
bureaus and creditors who inquire about your credit standing- If your
account is eligible for emergency cash and/or emergency card
replacement services, and you request such services, you agree that
we may provide personal information about you and your account that
is necessary to provide you with the requested services(s);
13. Returns and Adjustments. Merchants and others who honor your
Card may give credit for returns or adjustments, and they will do so by
sending the Credit Union a credit slip which will be posted to your
Account. If your credits and payments exceed what you owe the Credit
Union, the amount will be applied against future purchases and cash
advances. If the credit balance amount is $1 or more, it will be refunded
upon your written request or automatically after six (6) months.
14. Additional Benefits/Card Enhancements. The Credit Union may from
time to time offer additional services to your Account, such as travel
accident insurance, at no additional cost to you. You understand that
the Credit Union is not obligated to offer such services and may withdraw
or change them at any time.
15. Foreign Transactions. Purchases and cash advances made in foreign
currencies will be debited from your account in U.S. dollars. The
exchange rate between the transaction currency and the billing currency
used for processing international transactions is a rate selected by Visa
from a range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate
Visa itself receives or the government-mandated rate in effect for the
applicable central processing date. The exchange rate used on the
processing date may differ from the rate that would have been used on
the purchase date or cardholder statement posting date.
A fee of 1 % of the amount of the transaction, calculated in U.S. dollars,
will be imposed on all foreign transactions, including purchases, cash
advances and credits to your account. A foreign transaction is any
transaction that you complete or a merchant completes on your card
outside of the U.S., Puerto Rico or the U.S. Virgin Islands.
16. Merchant Disputes. The Credit Union is not responsible for the refusal
of any merchant or financial institution to honor your Card. The Credit
Union is subject to claims and defenses (other than tort claims) arising
out of goods or services you purchase with the Card if you have made
a good faith attempt but have been unable to obtain satisfaction from
the merchant or service provider, and (a) your purchase was made in
response to an advertisement the Credit Union sent or participated in
sending to you; or (b) your purchase cost more than $50 and was made
in your state or within one hundred (100) miles of your home.
17. Joint Accounts. If this is a joint Account, each person on the Account
must sign the Agreement (by signing on the application). Each of you
will be individually and jointly responsible for paying all amounts owed
under this Agreement. This means that the Credit Union can require
any one of you individually to repay the entire amount owed under this
Agreement. Each of you authorizes the other(s) to make purchases or
cash advances individually. Any one of you may terminate the Account
and the termination will be effective as to all of you.
18. Effect of Agreement. This Agreement is the contract which applies to
all transactions on your Account even though the sales, cash advances,
credit or other slips you sign or receive may contain different terms.
19. No Waiver. The Credit Union can delay enforcing any of its rights any
number of times without losing them.
20. Statements and Notices. Statements and notices will be mailed to
you at the most recent address you have given the Credit Union. Notice
sent to any one of you will be considered notice to all.
21. Final Expression. This Agreement is the final expression of the terms
and conditions of this VISA line of credit between you and the Credit
Union. This written Agreement may not be contradicted by evidence
of any alleged oral agreement.
22. Copy Received. You acknowledge that you have received a copy of
this Agreement.
23. Signatures. By signing in the Signature area of the application form
that was attached to this Agreement when you received it, you agree
to the terms of this Agreement. You should detach this Agreement
from the application and retain it for your records.
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify Us In Case of Errors or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a
transaction on your bill, write us on a separate sheet at the address listed
on your bill. Write to us as soon as possible. We must hear from you no
later than sixty (60) days after we sent you the first bill on which the error or
problem appeared. You can telephone us, but doing so will not preserve
your rights.
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an
error. If you need more information, describe the item you are not sure
about.
If you have authorized us to pay your credit card bill automatically from
your savings or share draft account, you can stop the payment on any
amount you think is wrong. To stop the payment your letter must reach us
three (3) business days before the automatic payment is scheduled to occur.
Your Rights and Our Responsibilities After We Receive Your Written
Notice
We must acknowledge your letter within thirty (30) days, unless we have
corrected the error by then. Within ninety (90) days, we must either correct
the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question,
or report you as delinquent. We can continue to bill you for the amount you
question, including finance charges, and we can apply an unpaid amount
against your credit limit. You do not have to pay any questioned amount
while we are investigating, but you are still obligated to pay the parts of
your bill that are not in question.
If we find that we made a mistake on your bill, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a
mistake, you may have to pay finance charges, and you will have to make
up any missed payments on the questioned amount. In either case, we will
send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as
delinquent. However, if our explanation does not satisfy you and you write to
us within ten (10) days telling us that you still refuse to pay, we must tell anyone
we report you to that you have a question about your bill. And, we must tell you
the name of anyone we reported you to. We must tell anyone we report you to
that the matter has been settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned
amount, even if your bill was correct.
Special Rule for Credit Card Purchases
If you have a problem with the quality of property or services that you
purchased with a credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining
amount due on the property or services. There are two (2) limitations on
this right:
(a) You must have made the purchase in your home state or, if not within
your home state, within one hundred (100) miles of your current mailing
address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we
mailed you the advertisement for the property or services.
51154
Corp: 080507
BLUE CHIP FCU
Cardholder Account Information - Statement
04/09/20 10
3:21:49 P'v1
Account # 411241000 0015428
Name VINCE E COLLER
Social Security #
Date: 03/10/2010 Day: 06 /
Group:
Bill Code NO FINANCE CHARGE 3/26/2010
BILING CODE
Due: $573.00 04/04/2010
Remain: $573.00
-Pavment Calculation
Calculated Alin. Pay.: $90.00
Pay Ahead: $0.00
Current Minimum $90.00
Add On: $0.00
Past DueiOL: $483.00
'T'otal Due: $573.00
Be(;inning Bal.:
Purchases:
Cash:
PaNI ntent.s:
'redibi:
Finance Chg.:
Late:
Insurance
Current Bal.:
$3,548.91
$34.28
$0.00
$0.00
$0.00
$14.28
$20.00
$0.00
$3,583.19
EXHIBIT
VERIFICATION
(name)
(title)
of BLUE CHIP FEDERAL CREDIT UNION, verify that the statements made in the
aforegoing document are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to
authorities.
BLUE CHIP FEDERAL CREDIT UNION
By-
Dated :
Title:
37093
Coller
05,/^1/,2,010 10:20
210'Cl 11Y101
tt2024 P.002/002
VERIFICAT10N
I, MA rkY GA XA6 LL, MAguA G?2 ,
(name) (title)
of BLUE CHIP FEDERAL CREDIT UNION, verify that the statements made in the
aforegoing document are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to
authorities.
BLUE CHIP FEDERAL CREDIT UNION
By:
Title:
Dated: .? Z
37093
Collor
LO'd 891L eel LIL ';)'d Wnlewl ally MOM 9960 OTOZ-TZ-AVW
o SUM
David well ?` 'k °p Renee 7C Simpson
z
Prothonotary >., D 1st Deputy Prothonotary
„
O 46!O�aG
\ n !
\0 O
g''
Sohonage, ES Irene E. �Viorrow
7�irkS. Q, �z=-
Soficitor „so 2nd Deputy Prothonotary
Office of the Prothonotary
Cum6erCand County, cPennsy(vania
in 3 YJ y CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • CarCisie, PA 17013 • (717)240-6195 • 'Fax(717)240-6573