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HomeMy WebLinkAbout10-4619-- 2?1D , fL 13 °i 2! 4,2 eur;?_ Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION FWa DEFENSE ACTIVITIES FEDERAL CREDIT UNION PLAINTIFF Vs. VIRGINIA L. MYERS DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. /0 - 111114 el : CIVIL ACTION -LAW NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims 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 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 claims 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. ybahm 371/!1 ?J. o, ,r1 'l I 1 Z I Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS 1 J ` FEDERAL CREDIT UNION formerly known as DEFENSE ACTIVITIES FEDERAL CREDIT UNION PLAINTIFF Vs. VIRGINIA L. MYERS DEFENDANT : IN THE COURT OF COMMON PLEAS . : CUMBERLAND COUNTY : PENNSYLVANIA NO.. CIVIL ACTION-LAW COMPLAINT AND NOW, comes Members I" Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm and makes the following complaint: 1. Plaintiff, Members 0 Federal Credit Union, formerly known as Defense Activities Federal Credit Union ("Members 1" ), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 9. 10. 11 12. Monthly statements regarding the Visa Account span approximately twenty- three (23) years, are voluminous and contain potentially private information concerning Defendant. For the above reasons, said statements are not attached to this complaint and filed as a public record but will be made available to Defendant upon request. Defendant is in default of Defendant's obligations under the Credit Card Agreement and Disclosure and the corresponding Visa Account as a result of Defendant's failure to make the payments due to Plaintiff as set forth in the Credit Card Agreement and Disclosure, the last payment having been received by Members 1St on or about December 11, 2009. By letter dated May 12, 2010, addressed to Defendant, Plaintiff demanded the payment of all amounts due under the Credit Card Agreement and Disclosure and the corresponding Visa Account. A copy of Plaintiff s Demand is attached hereto as Exhibit "C" and made part hereof. Defendant is currently indebted to Plaintiff in connection with the Visa Account in the amount of FIVE THOUSAND FOUR HUNDRED NINETY- SIX AND 49/100 ($5,496.49) DOLLARS itemized as follows: a. Principal $4,309.84 b. Unpaid Finance Charge 206.65 c. Unpaid Other Fees 180.00 d. Legal Fees 800.00* e. Total due to Member 1" $5,496.49 *Legal fees for collection are estimated in accordance with the terms and conditions set forth in the Credit Card Agreement and Disclosure. Defendant will be responsible for payment of actual, reasonable legal fees incurred by 3 Members 1St in this matter which may be more or less than the amount stated depending upon the date of payment and legal fees actually incurred by Members 1St. 13. Defendant also agreed under the terms and conditions of the Credit Card Agreement and Disclosure that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 12 above, additional reasonable legal fees, if any, and costs incurred by Plaintiff as a result of the institution and prosecution of these legal proceedings. 14. Legal fees and costs continue to accrue on the above obligation as set forth in the Credit Card Agreement and Disclosure through the date of payment. 15. As set forth above, Plaintiff has made demand upon Defendant to make payment of all amounts due to Plaintiff under the Visa Account and corresponding Credit Card Agreement and Disclosure and, as of the date hereof, Defendant has failed and refused to make payment of all such amounts due to Plaintiff. WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment against Defendant, Virginia L. Myers, in the amount of FIVE THOUSAND FOUR HUNDRED NINETY-SIX AND 49/100 ($5,496.49) DOLLARS together with additional attorney's fees and costs of suit and interest at the legal rate on and after the entry of judgment on this complaint which does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT II - NOTE 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth in full. 4 which does not exceed the jurisdictional amount requiring arbitration referral by local rule. Respectfully submitted, Date: ?-- 6 Z©P D M. Ledebohm, Esq. eme Court ID # : 59012 7 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff APPLICANT'S FULL NAME FIR INITIAL DATE OF BIRTH UST SOCIAL SECURITY NO.. - 41 ZL31 PRESENT TREETADDRESS ?r } APT. M Ty ST ? ZIP COJE 'L-' 'fj 21 TELEPHONE NO HOW LONG AT ADDRESS ' OWN NO. OF DEPENDENTS Ai RENT w YRS. ? MOS. ? PREVIC',? HCME ADDRESS (I?tf'SS THAN YEARS AT PRESENT ADD S) HOW LONG AT ADDRESS ?$ r\ ( li?L, YRS. eon PRESENT-,OCCUPATION PRESENT EMPLOYER ` HOW/ LONG v OSS MAN F I ? v L L EMPLOvER'Si'9DORE$$S7REET _; ._ i CITY _TA I ? ' ZIP CODE BUSINESS PHONE NO r )OR SCHOOL ATTENDED) ` `? PREVIOUS EMPLOYER PATION PREVIOUS EMPLOYER'S HOW LONG I CCU OR SCHOOL ADDRESS__,__ S _ _ ?. INCOME FROM ALIMONY, CHILD SUPPORT OR SEPARATE MAINTENANCE SOURCE OF - j--' "- -'-I PAYMENTS NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT OTHEFj INCO t _ CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION. ff 7-7 k4 NAME OF NL REST RE'.AT,?i NOT LIVING WTI YOL T ADDRESS 1.-.r- . _....-? X4 ---- CITY STATE L? RELATION' ' ARE YOU APPLYING F A A Q IF THIS IS AN APPLICATION FOR A JOINT ACCOUNT OR FOR AN INDIVIDUAL ACCOUNT 110-rWal ACCOun! THAT YOU AND ANOTHER PERSON WILL. USE PLEASE PROVIDE. 1HE FOLLO?VNG 'FOR Jo I Accowm NIATION ABOUT THF. JOINT APPLICANT OR AUTHORIZED USER IF THIS 'S AN APN l%'uua ACCov,I IT, •+v;r;.:;:q CSC, TION FOR AN INDIVIDUAL ACCOUNT BUT YOU ARE; RELYING ON INCOME FHOM ALI'.1(,lNY. CHILD SUPPORT. OR SEPARATE MAINTENANCE PAYMENTS OR ON THE INCOME OR ASSETS OF ANOTHER PERSON AS THE BASIS FOR REPAYMENT OF THE CRF.D''T RE g QUESTED PLEASE PROVIDE THE FOLLOWiNQG INFORMATION ABOl1T SUCH OTHER p PERSON. FULL 'TAME i FIRST INITIAL DATE OF BINTR LAST ,j SOC1Ai. SECURITY 140. '". PAESIN . .E' ACOQESS AFT • . _.__..._..1__.r...?? ?:.-.. cIIY STATE - ZtP TEIF nR n• .. - - -- -- O ENO RELA T p ?SHTP TO APQU(::ANT " '-- _ .__. ___._.-_• _ y f ul A7ty) Sri _R - -- --- CtCUr•.TKXi La?JO GStOSb voN7siLY Y?t$ S90$ I aNC04?E ?? FEkVlPllLOYF_P S ?T ` C?u$ EICYEir? ;o a NYLf.Fy ?x...?+ M y t y??p.w ? ?7C?Oy? ?Ki? ?Ai? 1b??P1?? k.?y? ? • Y """'"• Y?? ?.,-4n.,.. ? ?t 1?G ?`,.:$ - I t*i0? ?.P,f,li1?2 v Y A 2 ti X "'nJ ^ 7.tY J lz ., i- s Exhibit "A" PROVIDE THE FOLLOWING INFORMATION ABOUT APPLICANT AND JOINT APPLICANT, AUTHORIZED USER, OR OTHER PERSON. (IF ANY) Outstanding obligat ons and credit references (include charge accounts, installrttenvcontrada, credit cards, rent, mortgages, Iisbilltyio pay alimony, ' child support. or separate maintenance payments, etc.). Give complete Ilstof all amounts owing. NatM f"n whkh Account Monthly Balance Namn of C ad,Ior Address is carried. Account No. Payminls - 0`w t _. ... ?JOU ,5 O,O 2 ?L c? Al? Mortgage ?c :•r c Mortgage X I Monthly Paymerl Loan Balance 7ESiimated Value Lard_iordd Rant payment I ;5K y / NA Q6pL737If3 (DRESS ---1 cln? S' CIILC?ING yCCOUNT NO A'vINGS ACCOUNT NO, TRUST ACCOUNT NO ?'r By your signature below, you certify to us that all of the information in the above application is uue and complete and given for the purpose of seCLnng .,' credit and that you have no other debts except these listed. You agree that we may conduce such investigations of your credit and character as we deem : necessary in order to act on your request for credit You also agree to be bound by the DAFCU Visa Card Holder Agreement, attached hereto and inter porated Uy reference NUMBER OF CAPDS DESIRED' ONE TWO OTHER ------......-...... ._-__ .............. CREDIT LIMIT REOUESTED PLEA$E SIGN APPLICATlON?BEFORE RETURNING. _Af APPOCANT S SIGNA ? URF. - - -- ----__--_. ?__..?_ -._- -...- .-. -__---_-.---- DATE - - - - TINT AnDtICANT'S SIGNATURE (IF ANY( -..... ----__------------ ---...__..?.._ , DATE ' AUTHOR ZEr) USER S SIGNATURE (IF ANY) ------ ---- -DATE f., APPROVAL DATE VED 8v,, CRE04T LINE 11.51RXNCH OFFICE i FOR OAFCU.USE ONLY ?, 2" Vi,a ACCT tJO? ?YCI>Y °N DATE.Ot DATZ ORDERED; ( s T :CAMS {r i A 9 8 - r G '0 E G ri _.-.d? ljk s 'A 1'' ?? "tq• '?( .", ?i .,? i;i6 -: - •? 4. 3 A :a.q T?1s. a _ r' ,?.F . ?,,t,,, ?; ? [>ti.? .r Y7 ,- ?1 i. ?l$+da"'l,C,t'ti?j t s.r` ?j Y ?3 ?A ? I } ? } } ? a ?rf • ?, ;? . ,- _ .a?..rs?'NF."..•?Yt£?;. ,. si .,? "-?.rs, : ?:a•3?E•??x.?':?/.,+aa? Yt :?R:K???u;".'zi?",?,?.-. ..,..rc-.t.e?,...`T?1 rit) n . VISA Platinum Rewards Choice Disclosure Nolice: See reverse side for important information regarding your rights to dispute billing errors. 1. Meaning of Words. The following words have the following meanings in this Agreement and in the monthly billing statement sent hereunder (a) "Agreement" means the Visa Credit Card Agreement and Disclosure furnished by us. (b) "we", "us' and "our" means Members 1st Federal Credit Union, Mechanicsburg, PA. (c) "you" and "your" means each person who signs the application for the Account. (d) "Card" means any Visa Credit Card and any duplicates and renewals we issue to you or to an authorized user of your Account. (e) "Account" means your Visa Credit Card Account with us. (t) 'Line of Credit" means the sell-replenishing line of credit we make available to your Account. (g) "Advance" means any credit extended on your Account for any purchases or Cash Advances. (h) "Cash Advance" means (1) any cash or credit extended on your Account by us or by any other institution that accepts a Card, (it) any withdrawal of cash made by using a Card and personal identification number ("PIN") at an automated teller machine ("ATM") or other type of electronic terminal that provides access to the Visa system, (iii) the amount of any Visa Convenience Check paid by us, or (iv) the amount of any balances transferred to your Account from another credit card or account. (i) "Visa Convenience Check" means any check that directly accesses your Account. The amount of any Visa Convenience Check paid by us is posted as a Cash Advance under your Account. (j) "Default" means that your cardholder payment practices have not been in accordance with the terms and conditions of this agreement, which could result in p?icing changes as outlined in Section 10, Delaull. 2. How To Use This Account. Your Account may be used to purchase or lease goods and services ("purchases") from a merchant by presenting a Card and signing a sales transaction receipt for the amount of the purchase or by giving a Card Account number. Your Account may also be used to obtain Cash Advances' (a) By receiving cash or credit from financial institutions that accept a VISA Credit Card. (b) By use of Visa Convenience Checks: (c) By making cash withdrawals with a Card al an ATM or other type of electronic terminal that provides access to the Visa system, or (d) By transferring to your Account a balance from another credit card or account. 3. Responsibility. You agree to pay all Advances, finance charges and other fees or charges charged to your Account arising from the use of a Card, a Visa Co-verience Check or the Account by you or anyone you authorize or permit to use your Account, a Visa Convenience Check or a Card, even if you do not notify us that others are using your Account, a Visa Convenience Check or a Card. Your responsibility for charges made by anyone you authorize or permit to use your Account, a Visa Convenience Check or a Card continues until you notify us in writing at 5000 Louise Drive, P. 0 Box 40, Mechanicsburg, PA 17055, and recover and destroy any Visa Convenience Check of Card in such person's possession. Your obligation to pay the Account balance continues regardless of the terms of any agreement, divorce decree, or other court judgment to which we are not a parry. If more than one person signs the application for the Account, you are each jointly and severally responsible for all charges on the Account. 4. Liability for Unauthorized Use. You understand that your total liability to us shall no! exceed Fifty Dollars ($50) resulting from the loss, the!! or other unzuthnrized use of a Card that occurs prior to the time you give notice to us. Such limitation does not apply when a Visa Convenience Check is used or proper adherence to the terms and conditions are not followed. 5. Lost Card Notification. II you believe a Card or any Visa Convenience Check has been lost or stolen, you must immediately call us at 1(800)-283-2328 Extension 6035 during normal business hours. After business hours (nights and weekends) or on holidays, lost or stolen Cards or VISA Convenience Checks must be reported by calling 1(800)-325-3678. 5. Credit Line. If we approve your application, we will establish a Line of Credit for you and notify you of its amount when we issue a Card. This amounts your credit limit for the Account. You agree not to let the Account balance exceed this approved credit limit. Each payment you make on the Account will restore your credit limit by the amount of the payment that is applied to the principal balance owed on the Account. You may request an increase in your credit limit, which must be approved by us. We may reduce your credit limit or terminate this Agreement for any reasons not prohibited by applicable law, with only such notice as is required by applicable law You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the Account balance. To terminate this Agreement, you must notify us in writing at 5000 Louise Drive. P. 0. Box 40, Mechanicsburg, PA 17055, and recover and surrender to us all Cards, and any issued bul unised Visa Convenience Checks. They remain our property. 7. Credit Information. You authorize us to investigate your credit standing when opening, renewing or reviewing your Account, and you authorize us to disc'ose informa- tion regarding your Account to credit bureaus and other creditors who inquire of us about your credit standing. Members 1st Federal Credit Union utilizes a performance base lending policy that will determine your annual percentage rate on your individual creditworthiness, which is outlined in section 9 Finance Charge. B. Payments. We will mail you a billing statement every month showing your Previous Balance comprised of purchases and Cash Advances, the current transactions on your Account, your credit limit, the available credit, the New Balance, the Finance Charges for the billing cycle, and the Minimum Payment required. Each month you must pay at least the Minimum Payment shown on your statement by the Payment Due Date shown on the statement or no later than 25 days from the statement Closing Date, whichever is later, II your statement says your payment is "Now Due," your payment is due no later than 25 days from the statement Closing Dale. You may pay more frequently, pay more than the Minimum Payment or pay the New Balance in full. If you make extra or larger payments, you are still required to make at least he Min mum Payment each month your Account has a balance (other than a credit balance). The Minimum Payment will be either a) Two percent (2%) of your New Balance or $20, whichever is greater, plus any portion of the Minimum Payment shown on prior statement(s) which remains unpaid, or b) your New Balance, if it is less than TNerty Dollars ($20). We also have the right to demand immediate payment of any amount by which your New Balance is over your credit limit. We will apply your payments I rst to any fees, then to Finance Charges on both Cash Advances, Balance Transfers and Purchases, then to any promotional balances (lowest Annual Percentage Rate s) lirst), then to previously billed purchases, then to new Cash Advances and then to new purchases. 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. 9. Finance Charge. A. The current monthly Periodic Rate and corresponding Annual Percentage Rate are set forth on the "Additional Disclosure" which is sent to you together with this Agreement. B. Variable Rate: The Annual Percentage Rate will be determined by adding the margin to the index value. The Annual Percentage Rate can change on the first calendar day of the first billing cycle in each calendar quarter. The margin for Visa Platinum Rewards Choice Card is based upon your individual creditworthiness ano card type selected. Should your selection be a Rewards based card product the margin can be as low as 3.0% and as high as 11.0% for both purchases and Cash Advances. If your selection is a Low Rate card product the margin can be as low as 1.0% and as high as 11.0% for both purchases and Cash Advances. The index is the h ghest Prime Rate published in the money rates section of the Wall Street Journal. The index will be measured as of the last business day of the immediately preceding calendar quarter. Any increase in the Annual Percentage Rate may cause the amount of the minimum monthly payment to increase. Also, you may have to pay more payments. The Annual Percentage Rate will never exceed 18.0% or the maximum allowed by law, whichever is less, and will not be less than 8.25%. The monthly Periodic Rate is equal to one-twelfth (1/12) of the Annual Percentage Rate. C. Method A - Average Daily Balance (Including New Cash Advances): A Finance Charge will be imposed on Cash Advances from the dale made or from the first day of the billing cycle in which the Cash Advance is posted to your Account, whichever is later, and will continue to accrue until the dale of payment. The Finance Charge on Cash Advances for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of Cash Advances, Nhich is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance is determined by taking the beginning balance of Cash Advances on your Account each day, adding any new Cash Advances, and subtracting any payments or credits that are applied to Cash Advances but excluding any unpaid Finance Charges. D. Method G - Average Daily Balance (including New Credit Purchases): A Finance Charge will be imposed on purchases only if you elect not :o pay the entire New Balance shown on your monthly billing statement for the previous billing cycle on or before the Payment Due Dale of that statement. It ycu e act not to pay the entire New Balance shown on your previous monthly billing statement by the Payment Due Date, a Finance Charge will be imposed on the unpaid average daily balance of purchases from the previous statement Closing Date and on new purchases from the date of posting to your Account during the current biting cycle, and will continue to accrue until the Closing Date of the billing cycle preceding the date on which the entire New Balance is paid in full or until the dale of payment if later than the Payment Due Dale. The Finance Charge on purchases for a billing cycle is computed by applying the monthly Periodic Rate to the average dairy balance of purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance is determined by taking the beginning balance of purchases on your Account each day, adding any new purchases, and subtracting any payments or credits that are applied to purchases, but excluding any unpaid Finance Charges. 10. Default. You will be in default it 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 bread 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 becoma due. You will be in default if you make any false or misleading statements in any credit application or update of credit information. You will also be in defaul' it something happens which we believe may substantially reduce your ability to repay what you owe. When you are in default we can demand immediate payment of the entire amount you owe under this Agreement without giving you advance notice. If immediate payment is demanded, you will continue to pay inleresl, at the applicable interest rates in effect under this Agreement, until what you owe has been repaid. If demand for immediate payment has been made, the shares and deposits given as security Ior payment under this Agreement can be applied towards what you owe. We can also take appropriate action as authorized under the Uniform Commercial Code to iepcssess any and all collateral pledged to secure repayment under this Agreement. To the extent permitted by applicable law, you will also be required to pay our collection expenses, including court costs and reasonable attorneys' fees We can also exercise any other rights given to us by law when you are in default Should you ha" promclional balances and default by initiating a late fee, those applicable promotional balances are subject to default and will be converted to normal y disclosed Anneal Perc, ntage Rate(s) associated with the issued card product disclosed herein within Section 9, Finance Charge If you become two (2) times delinquent within a 6 month )erlod Default Exhibit "B" pricing will be initiated. Default pricing will convert all balances to an annual percentage rate of Prime (Index) plus 11.0% (Margin) for a minimum period of 6 months. withoutt additional delinquency, your account will be reviewed andtl en the appropriate per o mancelbase a nua eper centagelrate w IIIbe appme. A li d ort. e a6 o n( Iwhech i outlined within the application and in Section 9, Finance Charge. 11. Using the Card. You may use a Card, Card Account number and/or PIN to make transactions on your Account. You will retain the copies of the traisaction receipts furnished to you in order to verily your monthly billing statement. You agree that you will not use or permit anyone to use a Card or your Account Ior an,, tra-saction that is illegal under applicable federal, state or local law. You agree that illegal use of any financial service will be deemed an action of defaull and/or bread of comrac' and such a service and/or other related services may be terminated at our discretion. You further agree, should illegal use occur, to waive any right Ie sue us to, such illegal use or any activity directly or indirectly related to il. Additionally, you agree to indemnity and hold us harmless from any suits or other legal action or liability, direcly or indirectly, resulting Irom such illegal use. We reserve the right to decline any transactions and or block your account for on going security and risk management purposes that we consider fraudulent, suspicious, or illegal and you further understand that we will not knowingly authorize charges related to online gambling. 12. Returns and Adjustments. Merchants and others who honor a Card may give credit or returns or adjustments, and they will do so by sending us a cred t transaction receipt, which we will post to your Account If your credits and payments exceed what you owe us, we will hold and apply this credit balance toward futu, a purchases and Cash Advances, or if it is one dollar or more, refund it on your written request or automatically after six months. 13. Using Visa Convenience Checks. You may use your Visa Convenience Checks, if available, as you would use a Card to make a purchase or payrrent or to receive cash. Your Visa Convenience Checks directly access your Account. All Visa Convenience Checks paid by us are treated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining to Cash Advances and to the following additional terms: A. No Visa Convenience Check may be used to make a payment on your Account. B. Only the person whose name appears on a Visa Convenience Check may use them. C. Visa Convenience Checks must be written in U.S. Dollars. Visa Convenience Checks may not be certified. D We may return a Visa Convenience Check unpaid if there is not enough available credit on your Account to pay it. it your Account is in defaull. or if a Card or any Visa Convenience Checks have been reported lost or stolen. A $10 fee will be charged for each returned Visa Convenience Check. 14. Foreign Transactions. Purchases and Cash Advances made in foreign countries and foreign currencies will be billed in U.S. Dollars. Effective April 25, 2008, the exchange rate for transactions in a foreign currencywill be a rate selected by Visa from the range of rates available in wholesale currency markets for file applicable central processing dale, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date, increased by 1.0% on multiple currency transactions and 0.80% on single currency transactions. On foreign transactions you agree to pay all currency exchange charges 15. Merchant Disputes. We are not responsible for the refusal of any merchant or financial institution to honor a Card or Visa Convenience Check. 16. Security Interest. To secure your Account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you puchase using the Account. II you default, we will have the right to recover any of these goods which have not been paid for through our application of your payments in the manner described in paragraph 8. 17. Fees and Other Charges. The following lees and other charges will be added to your Account, as applicable: A. Annual Fee Visa Platinum Rewards Choice ................None B. Late Payment Charges. If you fail to pay the minimum payment on your Account within five (5; days of the Payment Due Date, a late payment charge of $30 will be added to your Account. C. Over-Limit Charge. It Your Account balance exceeds your credit limit at any time during the statement period, an over-limil charge of $15 w11 be added to vour Account. D. Returned Check Fee. II a check or share draft used to make a payment on your Account is returned unpaid because of insufficient lunds or for a ry other reason, you will be charged a fee of $10 for each item returned. E. Returned Statement Fee. You will be charged $1 for each monthly billing statement that is returned. F. Copies of Visa Transaction Receipts and Statements. You will be charged $3 for each copy you request of a receipt for any purchase, credit cr Cash Advance or of a monthly billing statement (except in connection with the resolution of a billing error.) G. Other Fees. Cash Advance Fees - None, Balance Transfer Fees - None, Convenience Check Fee - None, ATM Transaction Fee - None 18. Skip Payment/Paid Ahead Options. We may allow you, from time to time, to omit a monthly payment. We will notify you as to any month in which the option is available. If you omit a payment, Finance Charges will accrue on your balance in accordance with this Agreement. A skip payment or Paid Ahead option does not extend the period within which you must pay the New Balance in order to completely avoid Finance Charges on purchases. A minimum payment will be due in the monh following the month in which you skip your payment. Depending upon your previous payment size Paid Ahead could be active for a total of two additional pays it cycles before requiring another minimum payment amount. 19. Effective Agreement. This Agreement is a contract which applies to all transactions on your Account, even though the receipts you sign or receive for purchases, credits, Cash Advances or other transactions may contain different terms. We may amend this Agreement from time to time by sending you written notice. If required by applicable law, we will give you written notice before the effective date of the amendment. To the extent applicable law permits, and as we indicate it our notice to you, amendments will apply to your existing Account balance as well as to future transactions. This Agreement shall be construed in accordance with the applicable laws of the Commonwealth of Pennsylvania and applicable federal laws. YOUR BILLING RIGHTS - KEEP THIS FOR YOUR RECORDS 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 MONTHLY BILLING STATEMENT. If you think your monthly billing statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet of paper at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we send you the first statement on which the a ror 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, it you can, why you believe [here is an error. It you need more information, describe the item you are not sure about If you have authorized us to pay your monthly billing statement automatically from your Savings or Checking 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 30 days, unless we have corrected the error by [hen. Within 90 days, we must either correct the error or explain why we believe the statement 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 send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are invesligaling, but you are still obligated to pay the parts of your statement that are not in question If we find that 'we made a mistake on your statement, you will not lave to pay any linance 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 an,; m sled pavments 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 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statemenl. And, we must (ell you the name of anyone we reported you to. We must tell anyone we report you tc that the matter has been settled between us when it finally is. II we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was c)rresl 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 limitations on this right: (a) you must have made the purchase in your home state or, it not within your home state, within 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 it we mailed you the advertisement for the property or services. 004-02 9ev 05.!09 KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 May 12, 2010 (Via Certified and regular mail) Virginia L. Myers 30 Center Drive Camp Hill, PA 17011 RE: Members 1" Visa Account No.: 4672-0900-0014-3875 (the "Visa Account") Members 1" Account No: 56028-01 Dear Ms. Myers: THIS LETTER IS FROM A DEBT COLLECTOR. THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Members 1" Federal Credit Union ("Members I"") has requested my office to collect the amounts due to Member's 1S` under the above accounts (collectively, the "Accounts"). As you know, you are in default of your obligations under the Accounts due to your failure to make the payments required under the Accounts in a timely manner. Account No.: 56028-01 is evidenced by that certain Open End Credit Plan dated August 24, 1992 (the "Note"). The last payment on the Visa Account (the "Visa Account") was received by Members 1St on or about December 11, 2009 in the amount of $98.00. As a result of your defaults, Members 1St hereby accelerates all amounts due to Members 1" under the Accounts and hereby demands the payment of all amounts due to Members 1 S` under the Accounts in the amount of $27,390.84 itemized as follows: A. The Visa Account 1. Principal $4,309.84 2. Unpaid Finance Charge 206.65 3. Unpaid Other Fees 180.00 4. Total due under Visa Account $4,696.49 Exhibit "C" B. The Note a. Principal $11,934.86 b. Interest to 5110/10 948.39 c. Late charges 100.00 d. Total due under the Note as o5/10/10 $12,983.25 C. Legal fees and costs 210.00 D. Total due to Members I" under the Accounts as of 5110/10 $17,889.74 If you fail to deliver to my office at the address set forth above payment of the $17,889.74 within thirty (30) days of the date of this letter, Members 1 will have no choice but to file a legal action against you to collect all of the amounts due under the Accounts without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members I". Nothing herein shall constitute or be construed as an agreement on behalf of Members 1 S` to accept any terms and conditions in exchange for payment of the amounts due under the Accounts except for the immediate payment of all amounts due to Members I". Nothing herein shall constitute -a waiver of any rights or remedies which Members 1 S` may have under any written agreement or at law or in equity to collect the balance of the indebtedness due under the Accounts without further notice, including, without limitation, the right to accept and apply any partial payments made on the Accounts without waiver of any demand for payment in full of all amounts due under the Accounts. Nothing herein shall constitute anIagreement on behalf of Members 1 S` to postpone or extend the maturity date of the obligations. Members 1" looks forward to the payment of the $17,889.74 on or before June 1 1, 2010. Very tru yours, /Karl KML:ll Cc: Dave Thomas, Lead Collector NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you notify the undersigned debt collector in writing within thirty (30) days of the receipt of this notice that you dispute the debt or any portion thereof, the undersigned debt collector will obtain verification of the debt or a copy of a judgment against you, if any, and mail to you a copy of such judgment or verification. If you do not dispute the validity of the debt or any portion thereof within thirty (30) days of the receipt of this notice, the undersigned debt collector will assume the debt to be valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned debt collector will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of your receipt of this notice. The "undersigned debt collector" means the name signed at the end of this letter appearing in print ate top of this letter. CIO 13 ' r U d X o *6 1 -d .V a E o, ) o E 4) .°9 ?W2o:d .a?BA CV ? E 9 Loy, sir 342 C1 IT >>, w r t U C Qo 0 R O O O O ? ?O V O O 0 Cc m o, C3 M g o 0 o M 0 0 r, ?m z -L IJJC-,0-: C1? N a 0000 ® oh 0e06 OPEN-END CREDIT PLAN HOW TO APPLY . After application below th statement, )EFENSE ACTIVITIES FEDERAL CREDIT UNION 1 to insuoreuyour account. complete the insurance ;275 EAST TRINDLE ROAD 2. Read the credit and security agreements on the reverse side; sign below IECHRN I CSI3URG, PA 17055 and return part 1 to the credit union. 3. Your loan will be processed your credit fm t, it approved. the credit union. You will be notified of This Open-end Credit Plan is a quick and convenient way for you to the decision and d obtain a loan when you need it. Once your application is approved, the credit union will assign you a credit limit which you may borrow against. ACCOUNT NUMBER Advances may be applied for by telephone, mail or in person. 56028-01 MEMBER NAME DATE OF BIRTH OTHER DEBTOR'S NAME DATE OF BIRTH IYERS, VIRGINIA L. 6-Ci9-1951 _1S HOW TO COMPUTE THE FINANCE CHARGE: The Finance Charge is the total cost to you of obtaining credit through this credit plan The Finance Charge begins to accrue on the date of each advance and accrues for each day the balance remains unpaid. The unpaid principal balance for each day is multiplied by the daily periodic rate to determine the Finance Charge for that day. The sum of these daily charges is the Finance Charge you will pay. The unpaid' principal balance is that balance which is in your account at the close of business after all transactions, including payments and new borrowings, have been entered. ;pIT,.PLAN Ra?ES DAILY ANNUAL MINIMUM PAYMENT TYPE OF TRANSACTION PERIODIC PERCENTAGE RATE RATE W-OW' Personal Service Loan (PSL) 0.03)137 11. 0000% Month-end Balance Minimum Payment Following loan Advance Monthly Biweekly $7,500.01 to $10,000.00 $225.00 $104.00 $5,000.01 to $7,500.00 $175.00 $81.00 $3,500.01 to $5,000.00 $130.00 $60.00 $2,500.01 to $3,500.00 $95.00 $44.00 $1,000.01 to $2,500.00 $75.00 $35.00 $ .01 to $1,000.00 $50.00 $24.00 Your first payment is due and payable on the 28th of the month following the date of loan advance. The required payment only changes at monthend following an advance. This new payment amount is due on the first due date in the month following the advance according to the payment frequency selected. The previous payment is still due during the month in which the advance occurs. Thereafter, payment is due according to the payment frequency you have selected. The Annual Percentage Rate (APR) may increase or decrease on the first day of each month during the term of the this transaction if the highest Prime Rate as published in the Wall Street Journal increases or decreases. The APR will be equal to the highest Prime Rate as published in the Wall Street Journal on the last business day of the previous month plus 3.4%. The APR will never exceed 21% or maximum allowed by law, whichever is less. The APR will never be less than 11 %. Any increase in the APR will result in more payments of the same or lessor amount. LATE CHARGES: If a payment is late by 10 days or more, you will be charged 5% of the payment due. OVERLIMIT CHARGE: You will be charged an over-the-limit charge of $20.00 if you request a loan draft advance in excess of your assigned credit limit and the loan draft is returned to you as unpaid. This fee will be added to your loan balance. OVERDRAFT PROTECTION: If you request overdraft protection, any overdrafts on your share drat account will be charged against your unsecured credit limit and will be subject to the finance charge applicable to your unsecured amount. MINIMUM ADVANCE: $100.00 I have read and accept the terms and conditions of the Open-end Credit and Security Agreements (on reverse side) and acknowledge receipt of the Open-end Credit Disclosure statement incorporated as part of this agreement. I acknowledge receipt of a copy of this agreement. NAT E APPLICANT DATE OTHER SIGNATURE (WHERE APPLICABLE) X DATE X NOTICE: SEE FRONT PgRT 3 FOR IMPORTANT INFnAlUTATinnl Denxor,,.,> _. •. .. ?, •:•.: •••: ••'.vr1G-rYh1+`IIY'JVI'1MIM1:tt•1 19FG.±f :.p-r , ... _ _.- The debtor is applying to The Minnesota Mutual Life Insurance Company for the coverage described below and Ghat statements made by t ebtor are representations and are true to the best of the debtor's knowledge. Yes E] No For disability insurance to be effective the following question must` be answered. Are youprecedingcurrentlythegaidatenfully employed on a full-time basis for a minimum of.30 hours per week for 14 days irnmedia4ely you became indebted to the Creditor? Second Beneficiary: NONE Do not sign this application if It contains any blank spaces. This application is void and will not be used in a contest if all blank spaces have not been completed, the debtor has not signed and dated the application and if the application has not been witnessed. This insurance is voluntary and is not a condition for approval of this loan. SCHEDULE CREDIT LIFE INSURANCE Group Policy No.:2730O-G MAXIMUM LOAN REPAYMENT PERioc 4u CREDIT DISABILITY INS. Group Policy No.: 24602-6 LIFE INSURANCE MAXIMUM: 120 $3U00C1 MAXIMUM MONTHLY DISABILITY BENEFIT $SOU DISABILITY WAITING PERIOD: 14 Days RETROACTIVE DISABILITY BENEflT' COVERAGE REOUESTED: ' I DO WANT SINGLE CREDIT LIFE AT A COST OF $0,042 PER $100 OF OUTSTANDING BALANCE YES I DO NOT WANT CREDIT DISABILITY,EE V fDEBTORJ 'A7? AGE SIGNATURE (JOINT DEBTOR) SIGN ONLY IF SELECTING JOINT LIFE DATE AGE WIT j/J YY E X 67 1DOOdA HOW ARE CREDIT INSURANCE PREMIUMS CALCULATED' Each time you take an advance on an insured account, the projected term of the loan from that date forward is determined based on the new loan balance, the minimum monthly payment and the interest rate being charged. The premium rate in the schedule above for the term of the loan is then used each month to calculate your premium charge. The monthly premium charge is determined by multiplying the premium rate times the total remaining periodic loan payments. For example, if the term of your loan is 12 months, the premium rate, per $100.00 of remaining payments, if your monthly loan payment is $50.00, the premium charge in the month when 6 payments remain wiZ&. 831 . 8 X 6 X 50 + 1f -95 If your loan payment is greater than the maxium monthly insurance benefit, only the insured portion of your payment will be used for calculating the monthly premium charges. The amounts you are charged for insurance premiums will be shown in your periodic statements from the creditor. Term to Premium Term in Premium months rate months Term In Premium Term in Premium Term in Premium rate months rate months rate months rate 6 7 $0.434 $1,.404 12 13 $0.318 18 $0.256 $0 304 24 $0.219 6 $0.136 8 $0.383 14 . 19 $0.249 $0.293 20 $0 242 30 $0.192 66 6 $0.126 9 $0. 363 15 . $0.282 21 $0 236 36 $0.174 72 $0. 121 1 i I $i ). 347 16 . $0. '274 •? 0 22 $0 230 42 48 < $0:..160 78 $0.116 11 $0. ,333 i7 $ .. . 265 23 $U 22 54 $0. 149 84 $0. 112 ._ _ _ $0.139 90 $0.108 e5-6300 .37 F42702 Rev, 11191 Exhibit "D" MTOoLOAN SYSTEM IN THESE AGREEMENTS, THE WORDS, "I," "ME," "MY" AND "MINE" WILL MEAN ALL PERSONS WHO COMPLETED AN OPEN-END CREDIT PLAN APPLICATION. THE WORDS "YOU," "YOUR" AND "'YOURS;" WILL MEAN THE CREDIT UNION. CREDIT AGREEMENT " I agree to the terms and conditions of-thisagreement,and' a nyfuture amendments thereto, and promise to pay you all amounts due..,,. Advances: I understand that I may obtain loamadvances underfhis Open-end Credit Plan by one of the following methods: 1. writing a pre-printed share draft that you will supply to me; 2. requesting a loan advance in person; 3. requesting a loan advance by use of an automated teller-machine; 4. use of an automated teller machine; 5. use of audio response system (HERB); 6. by telephone; 7.. writing a preprinted loan draft that you will supply lb the r I agree that loan advances under,this.OPeRrond Credit agreelnont can only be requested by me or any authorized user of the accessidevice listed above. An advance..taken by any authorized user of the. access devices listed above shallbe treated as an advance taken by me- I understand that all advances must be made for good purpose. You reserve the right to refuse to make any advance without affecting the liability of any co-maker. Future Access Devices; My application for this Open-end Credit Plan serves as a request to receive any new access devices which rpaybe- available at some future time. I understand that this request is-voluntary and subject to refusal at the time any of these new access devices are offered by you. I further understand that the terms and conditions of this Open-end Credit Plan will govern any loan advances made with these new access devices. Credit Limits: Advances against my open-end credit plan will at no time, in total, exceed the limit assigned to me by you. Advances on secured loans will depend on the value of security offered at the time of each advance. Payments: The minimum payment is shown in the disclosure statement. The minimum payment and due date will be set and disclosed on my statement of account. The payment and due date disclosed will be based on the payment frequency selected by me and the amount of my outstanding balance at the end of the month in which an advance is made. My minimum payment will `not change unless I request additional advances,or fail to keep my agreement. I may pay the credit balance in full or in part at any time without penalty. However, minimum periodic payments are required on each loan account as long as any balance exists. Credit Insurance: If I choose voluntary credit life and/or. disability insurance, the premiums for such coverage will be added to my outstanding balance. If I do not make any payment when due, you may, at your option, cancel such coverage. You also have the option of paying the insurance premiums and adding them to my outstanding balance where they will be subject to the annual percentage rate disclosed. Default: It I fail to make any payments, or do not meet any of the conditions of this credit agreement or any other agreement 1 make with you regarding this credit plan, thert you may, at-your option, declarethis account to be immediately due and payable. I must pay to you at that time the total unpaid balance, as well as the Finance Charge to date and ,any costs of collection, including reasonable attorney's fees, that you may incur, up to. 20% of the unpaid-principal and interest ,e ame addrress or elmployment. I promise t o? o?apP y for an advance if 1- o knw there is a reason that I bligat on according tothee'terms offithe credit text nsion It, proray m se oy inform you of any new information which relates to my ability to repay my obligation. I promise not to submit false or inaccurate information or willfully conceal information regarding my creditworthiness, credit standing, or credit capacity. Co-Maker's Liability: At times, you may advance sums under this" agreement to more than one person, each of whom has signed this agreement. All persons called Co-Makers, agree to the following: I. That the terms "I," "me," "my" and "mine" apply to all of them. 2. That each is equally liable under this agreement to fulfill all of its terms and conditions. 3. That each of them is named the agent of the other for the purpose of applying for and receiving loan advances under the agreement now and in the future. 4. That any notice mailed to one shall be considered notice mailed to all. I understand that. I may remove myself from responsibility as Co-maker at any time by notifying you in writing. However, that does not release me from any liabilities already incurred. C ontractual Pledges of Shares: I pledge all my shares and deposits in cred the union, including future under thus Open-end Credit Plan.aIn case I default security may applyethese shares and deposits to the payment of all sums due at the time of default, including costs of collection.and-reasonable. attorney's fees. No lien. or right to impress a lien on shares and deposits shall apply to any of my shares which may be held in an "Individual Retirement Account" or "Keogh Plan " Termination: I understand that you may terminate this credit and security agreement under the following conditions: 1. Upon adverse re-evaluation of my creditworthiness. 2. If I should fail to meet the terms of the agreements. 3. At my option, or your option, with good cause and upon written notice. I understand that termination will not affect my obligation to pay the balance outstanding incurred prior to notice. Additional Provisions: 1. I agree to provide you with a current financial statement if so requested and that no advance will be made until you have reviewed the financial statement. 2. In case any provision of this agreement is held Invalid for any reason such determination shall not affect the remaining provisions of the agreement. But the agreement shall be enforced as if such provision was never included. 3. 1 admit that I have received a copy of this agreement, and that I have fully read and understand all of its terms and conditions. 4. My signing and endorsing any checks. or drafts issued under this agreement shows my acceptance of its lentils and conditions. Change of Terms: You may change the terms of this agreement at any time. But you will give me written notice of any change at least 15 days. before the change takes effect. SECURITY AGREEMENT 1. I hereby agree to grant you a security interest according to the provisions of the Uniform Commercial Code in any property pledged as collateral for extension of credit under this agreement. The collateral for any advance may also secure a later* advance, if so disclosed at that tlnle."This security Interest guarantees that r will repay the sums advanced and Anycosts.or expenses that may become duo under the openrend credit and.security agreements, together with the stated Finance Charge. 2'. 1 will'notchange the location of, sell or transfer the.collateral unless I have your prior written consent. 3.1 warrant that I have good title to the collateral; free of all security ,Interests. except thatgiven'to theicredibuntorl'and except for any interest of.a non-co-maker:owner of the: collateral. 4.1 will pay all taxes, assessmen. ts, and liens against or attached to the property described, and further Agree to keep the.property in good condition and housed in a suitable shelter. I agree to execute financing statements and security agreement amendments at your requestand will defend the property against adverse third party claims. 5. 1 will maintain insurance to cover any vehicle or other properly in which you have a security interest. This insurance will be in a form and an,amount satisfactory to you. I will supply you with proof of such insurance until all sums owed to you and secured by this property are repaid. If I fail to maintain such insurance, you may, but are not required to, obtain insurance of your own and add the cost of such to the sums owed. This cost may bear interest at the contract rate until paid. I further assign to you the right to receive the proceeds of any insurance on such properly, and direct any insurer to pay those proceeds directly to you. I authorize you to endorse any check or draft provided as the proceeds of such insurance, and apply those proceecs to the sums owed to you. I further authorize you to provide your Insurance Service Center with the necessary information for verification of adequate coverage. I acknowledge that insurance, or any extension thereof, placed by you is without benefit to me individually but is primarily for the protection of you. 6. You may meet all requirements for sending me a notice of any kind if you send it to me by means of United States mail, at my last given address. 7. Any additional advances made to me for the payment of taxes or assessments or liens of any kind, or premiums on authorized insurance and the interest owing thereon shall also be secured by this agreement. 8. If a default as defined in the credit agreement should occur, you have the authority, upon such default, to repossess and sell the collateral in a lawful manner. , In such cases, you or your authorized representatives may, at your option, enter the premises where the collateral I. kept and take possession, subject to applicable laws. Unlessl default 1 may keep possession of the roperty (collateral) ax,dQSCritied8:nd usg jtTrrf 4ny'Iafyflj?;mah?5.'r g steri4°with,this agreement or with the insurance policy on the collateral. I-understand that you have cartain rights and legal remedies available to you under the Uniform Commercial Code and other applioable laws, and that you may use these rights, tp•-enforce payment 'if I default, ; In that event, I will at your.-request assemble the:property;(collateral) and make it available to you at a place of your choosingg. If you decide to waive this default,?it will not constitute a waiverof any other subsequent defaults. 9. You are hereby appointed as my Attorney4rizFact to perform any acts which you feel are necessary to protect the collateral and the security interest which this agreement creates. 10. If there is more than one borrower, our obligations under this agreement are joint and several, each being equally responsible to fulfill the terms of the agreement. 11. This.security agreement. not only binds me, but my executors, administrators, heirs and assigns. 12. Should you feel at anytime that the security presented has diminished in value, or for any other reason feel that additional security is required, 1 agree to assign to you within (10) days whatever additional security you feel is necessary to protect yourself against possible loss 13. 1 admit that l have received a copy of the open-end security agreement; thati,have full)oread.and understand all of its terms and conditions prior to my signing. 14. My signing and endorsing any checks or drafts issued under this agreement shows my acceptance of its terms and conditions. F.42701 3/91 R'inn 1 1 1RR CREDITOR Defense Activities Federal Credit Union 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 Statement If you think your statement is wrong, or if you need more information about a transaction shown on it, write to us at the address listed on your statement, as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You may telephone us, but doing so will not preserve your rights. In your letter, give us the following information: 1. Your name and account number. 2. The dollar amount of the suspected error. 3, 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. 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 any 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 statement that are not in question. If we find that we made a mistake on your statement, 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 days telling us that you still refuse to pay, we must tell anyone we report we must tell you the name of anyone we reported you to. Your Rights and Our Responsibilities After We Receive Your you to that you have a question about your statement. And, Written Notice We must tell anyone we report you to that the matter has We must acknowledge your letter within 30 days, unless we been settled between us when it finally is. have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement If we don't follow these rules, can't collect the first $50 of was correct. the questioned amount, even if if your statement was correct. MINNESOTA CERTIFICATE OF CREDIT DISABILITY INSURANCE ,aLMUTUAL LIFE - -1-11e>- -.1 We insurance company St. Paul, Minnesota 55101 This certificate summarizes the major provisions of the group policy that affects you. This certificate is subject in every respect to the group policy To whom will benefits be payable? Claim payments are made to the irrevocable creditor beneficiary to pay off or reduce your debt. If claim payments are more than the balance of your debt, the difference will be paid to you or to your estate. What will be the amount of your monthly disability benefit? We will pay the monthly disability benefit if you suffer a continuous period of total disability due to sickness or injury which extends beyond the waiting period. This period of total disability must commence before your age 66 and while you are insured. Also, you must be under the regular care of a physician for your sickness or injury. After your coverage becomes effective, you continue to be eligible for insurance under this certificate, according to the terms of the policy, for amounts of advances added to your loan account whether or not you are actually actively at work on the date of any advance. However, if you are off of work due to total disability we will not include in any payment of insurance benefits, the amount of advances which are added to your loan account during the period in which you are totally disabled. The monthly disability benefit will be the amount of your minimum scheduled loan payment for your insured loan due in the month in which the total disability commenced, or the maximum monthly disability benefit, whichever is less. If there is an increase in the amount of your monthly loan repayment, after the date of onset of total disability we will not increase the amount of the monthly disability benefit. However, if you take an advance which would increase the required minimum monthly payment and then you become totally disabled due to an unrelated sickness or injury subject to the pre-existing condition clause as well as the other terms of the group policy, we will increase the monthly disability benefit subject to the monthly maximum benefit. What is the definition of total disability? During the first 12 months of disability, the complete and continuous inability, due to either sickness or injury to perform the duties of your regular occupation. Thereafter, the complete and continuous inability due to sickness or injury, to engage in any meaningful occupation for which you are reasonably fitted by education, training, or experience. When will the benefits be payable? If benefits are provided on a retroactive benefit basis the monthly disability benefit will be payable (after the expiration of the waiting period) from the date the total disability commenced. If benefits are provided on a non-retroactive basis, the monthly disability benefit will be payable after the expiration of the waiting period. We will pay a benefit for each complete 30 day period of total disability after the waiting period if you file written proof that you became totally disabled while insured. Subject to the waiting period, we will prorate the monthly disability benefit on the basis of a 30 day month for any period of continuous total disability that is less than one month in duration. You will be required to give us written proof of your total disability from time to time. For how long will the monthly benefits be paid? The monthly disability benefit will be payable for any continuous period of total disability until the first to occur of any one of the following conditions: (1) The payments total an amount equal to the remaining loan balance on the date total disability commenced, including principal and interest, under the terms of the loan note or agreement; or (2) your loan reaches the end of the projected loan term; or (3) at the end of the billing cycle during which you reach age 66. Recurrent disabilities If you become totally disabled within three months after recovery from a previous period of total disability due to the same or related cause or causes, it will be considered a continuation of the preceding period of total disability for the purposes of calculating the waiting period, the monthly disability benefit and application of the pre-existing condition exclusion. What disabilities are not covered by this certificate? We won't pay an insurance benefit for the amount of any advance which is added to the loan balance of an insured debtor if the total disability is caused by: (1) Intentionally self-inflicted injuries; or (2) normal pregnancies; or (3) a pre-existing illness, disease or physical condition which totally disables you at any time during the six month period immediately preceding the effective date of your coverage. This pre-existing condition will be applied to each new loan or advance you take under your line of credit. 85.4493 a Certificate continue on other side. 8546300.37 F.42702 MUTUAI.OAN SYSTEM How are premiums calculated? Premiums are charged each month on the, remaining insured balance of the loan. This premium will be computed by using the monthly premium rate applicable to the projected loan term then in effect for this coverage times the monthly outstanding balance or the maximum insured loan balance, if less, as owed by you. No premium charge is payable after you attain age 66. The premium you are charged is subject to change upon written notice to you of such change. You will be notified of any premium change. If you do not wish to pay the new premium rate, you may request in writing to terminate your coverage. Will any unearned premium be refunded? We will refund any unearned premium if any of the following occurs: (a) if the premium you are charged is greater than the premium payable for the amount of coverage. This adjustment can be made at the end of the billing cycle as long as you are not disabled; or (b) if your loan is prepaid prior to the end of a billing cycle for which premium has been paid. The method of calculating refunds for this coverage is the pro rata method. No refund shall be made if the amount is less than $1.00. When does your coverage terminate? Your coverage will terminate at the end of the monthly billing cycle if any of the following occurs: (a) The date the account terminates; or (b) the loan is transferred by the creditor without recourse and the creditor no longer services the loan so the premiums are no longer collected by the creditor; or (c) any monthly premium charge for the loan is more than two months over due; or (d) the creditor receives your written request to terminate this coverage; or (e) the policy terminates provided you are given 30 days written notice; or (f) you die; or (g) you reach age 66. How are refunds calculated for this coverage? We will refund any unearned premium if the premium you are charged is greaterthan the premium payable forthe amount of coverage. If your loan is prepaid prior to the end of the current billing cycle a refund of the unearned premium will also be paid. The method of calculating refunds for this coverage is the-pro rata method. Refunds of less than $1.00 will not be made. What if your age Is misstated? If you stated in your application that you are under age 66 but you are not, we will return your premium when we discover this and we will not pay any benefits. How do your statements affect your insurance? Any statements you made in your application will be considered representations and not warranties and will not be used to void this certificate unless the statement is used in your application. After your coverage has been in force during your lifetime for 2 years from the effective date of your coverage (excluding any period during which you are disabled) we cannot contest your coverage for any loss that is incurred more than 2 years after the effective date, except for non-payment of premium. When must notice of claim be given? You must give us notice within 30 days or as soon thereafter as reasonably covered by this certificate. Notice must be in writing and must be given to ourr authors ed agent or senetofour home office in St. Paul, Minnesota. We shall have the right and opportunity to medically examine you at our own expense as often as it may reasonably be required. ........................................................................................................... MEMBERS 1ST FEDERAL IN THE COURT OF COMMON CREDTr UNION CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF Vs. NO.: VIRGINIA L. MYERS DEFENDANTS CIVIL ACTION-LAW VERIFICATION I, David Thomas, Lead Collector for Members 1 st Federal Credit Union, being authorized to do so on behalf of Members 1 n Federal Credit Union, hereby verify that th statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to uns'worn falsification to authorities. Members 1 n Federal Credit Union David Thomas, Lead Collector .................???... e? 9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~a~,~~tr cf +~'utttbrrf,~,+'t E~FfICEksP ThiE SN?<RIPE i= ~ - ,r* i ~_~f ~ y;~~. Jody S Smith Chief Deputy Richard W Stewart Solicitor ir VVI _. ., ~.,\f~ !,~ i~ i' C~ 1 J ~ L'- ~ ,, Members 1st FCU vs. Case Number Virginia L. Myers 2010-4619 SHERIFF'S RETURN OF SERVICE 07/19/2010 05:07 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 19, 2010 at 1707 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Virginia L. Myers, by making known unto herself personally, at 30 Center Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~-~~~ NOAH CLINE, DEPUTY SHERIFF COST: $41.94 July 20, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;cj Coun'ySuite Snen$ Teleosofl. Inc. ED -OF ROTHOOTAi. 20111SEP 12 PM 12: 05 CUMBERLAND COUNTY PENNSYLVANIA Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1ST FEDERAL CREDIT UNION f/k/a DEFENSE ACTIVITIES FEDERAL CREDIT UNION PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO.: 10-4619 Civil Term VIRGINIA L. MYERS DEFENDANT : CIVIL ACTION -LAW PRAECIPE TO SETTLE, DISCONTINUE AND END To the Prothonotary: Please mark the docket in the above captioned case settled, discontinued and ended. Date: September 8, 2014 edebohm, Esquire Supre e Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff