Loading...
HomeMy WebLinkAbout10-7302BELOO COMMUNITY CREDIT UNION COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: ~~ ~ ~Qa vs. . CIVIL ACTION - LAW c-~ CASEY L. LEINBERGER ~ ~-, --, KIMBERLY J. LEINBERGER ~ ~ :~ ~~ Defendants ~~~ N .-~,~p r ~"v N ~7 i y„,,:» ,;,~'r7 ~~ ~ ~~~ .~~.- C~~ r~;r C7 ~,,, ~ N wy T'Tl NOT I CE -; ~ =a 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 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 AOUT 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. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 ~~~ ~~a a3 O~,~uB~ ~~~ys~~ N O T I C I A Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso 0 notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATANIENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTR.A ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COMMUNITY CREDIT UNION Plaintiff CASEY L. LEINBERGER KIMBERLY J. LEINBERGER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Belco Community Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 449 Eisenhower Blvd., Harrisburg, Dauphin County, Pennsylvania 17111. 2. Casey L. Leinberger, a Defendant, is an adult individual with an address at 37 E. Keller Street, Mechanicsburg, PA 17055. 3. Kimberly J. Leinberger, a Defendant, is an adult individual with an address at 37 E. Keller Street, Mechanicsburg, PA 17055. 4. Defendants applied for a Signature Loan from Plaintiff pursuant to the Application dated July 21, 2008 which is attached hereto, marked Exhibit "A" and made part hereof. The Defendants' Social Security number has been redacted to protect the privacy of the Defendants. 5. Defendants' delinquent balance on this account is $10,598.43 as of November 7, 2010. 6. Because of Defendants' failure to make monthly payments and in accordance with the Open End Credit Plan, which is attached hereto, marked Exhibit "B" and made part hereof. Defendants owe an attorney commission of $1589.76 for a total of $12,188.19. 7. Defendants have failed and refused to bring their account current. 8. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against Defendants in the amount of $12,188.19, plus interest together with costs of suit thereon. Date: ~ ~ Respectfully, Submitted, v ~.~~ Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 ' Belco Community Credit Union 403 N. 2nd Street Harrisburg Area: (717) 232-3526 P.O. Box 82 Lancaster Area: (717) 393-1116 Harrisburg, PA 17108 Toll Free: (800) 642-4482 Loan Application and Agreement to Terms Z ~ Married Applicants may apply for a separate account. Check the appropriate box to indipte Indrndual Credit or Joint Credit. ^ Individual Credit: Complete Applicant sections if only the applignYs income is considered for ban approval. Complete Applicant and Co-Applicant sections: (1) if you are relying on income from alimon ,child su or on the income or assets of another Y pport, or separate maintenance person as the basis for repayment of credit requested, or; (2) if you reside in a Community Property State, or; (3) if you are relying on property located in a Community Property State as a basis for re requested. Community Property States include: AK, AZ, CA, ID, LA, NM, NV, TX, WA, VIA. payment of the credit ® Joint Credit: Complete Applicant and CoA icant sections ifyour cro-applicant wiN be contractual liable for re We intend to apply for)oirtt cred- it. (Applicant Initials} ~ t~Yn'le~ of the loan and inftial below: PLEASE CHECK BELOW TO INDICATE THE TYPE OF ACCOUNT(S) AND TYPE OF CREDIT FOR WHICH YOU ARE AI PPLY/NG s} ®Account/Loan: ~ Individual ®Joint ~ Credit Card Account: ~ Individual ~ Joint (lnckxAng A TMrDe~blt Card Aosess to the Account i/Avaflable) (There are costs assoc/eted wtlh the IASa of this card. You may contact the Credit Amount Re nested $ 15.000.00 Unian about costs at the abrne stated address or to Purpose/Collateral: lephone number.) CONgOr.rnamION Credit Limit Requested $ ^ Other Loan Request If Authorized User, Name: Repayment: ~ PayroN Deduction ~ Billing Notice ~ Automatic Payment ~ Web Pay ~ Other APPLICANT ®CO-APPLICANT ~ NON APPLICANT SPOUSE/OTFIER NAME (Last -First -Initial) ACCOUNT NUMBER NAME (Last -First - inithq BEY L LSIR ~fcon~n ACCOUNT NUMBER cnri e~ errs ~a1Ty NUMBER MOTHER'S MAIDEN NAME 'r R SOCIAL SECURITY NUMBER EMAIL ADDRESS FAX NUMBER ~_,~,~ ~~~~ 7 7- - BIRTH DATE HOME PHONE BUSINESS PHONFJEXT. BIRTH DATE HOME PHONE 7 7 7 ? 6 PRESENT ADDRESS (Street -City • State -Zip) 3 ®pWN ~ RENT PRESENT ADDRESS (Street -City • State • Zi ) 7 E I~LLER 3T P YEARSJMONTHS 37 E >t~'r.r.~ru gT P 7 55 AT THIS ADDRESS 1 6 MBCHANICSBURG, PA 17055 PREVIOUS ADDRESS (Strost -City -State -Zip) 16 R MAIN 3T ..znv~~,~,.,..,....,. -- .__-- PREVIOUS ADDRESS (Street -City -State -Zip) PURCHASE PRICE OF HOME: PRESENT HOME VALUE PURCHASE PRICE OF HOME $ $ $ MORTGAGE BALANCE MONTHLY PAYMEM (MORTGAGE/RENT) MORTGAGE BALANCE $ $ 6. $ MARRI®~SEPARATED ~ UNMARRIED (Singh -Divorced - VvSdanbc!) MARRI SEPARATED EMPLOYMENT NAME AND ADDRESS OF EMPLOYER NAME AND ADDRESS OF EMPLOYER JACOB$ AND COMBANIE3 SSITCT M®ICAL CAMP HILL, PA MBCHANICSBURG PA HIRE DATE POSITION A7/A7/~00~ ....~_. __~ ____ HFREDATE PRIOR EMPLOYER MOTHER'S MAIDEN NAME FAX NUMBER BUSINESS PHONE/EXT. 717.972 1100 ®OWN ~ RENT YEARS/MONTHS AT THIS ADDRESS 0 9 PRESENT HOME VALUE MONTHLY PAYMENT (MORTGAGE/RENT) $0_an UNMARRIED (Singh -Divorced .Widowed) EMPLOYER INCOME ony, su or sepa a main enance income be revealed if you do not chooee to have R considered. n Imony, chi support, or separa~ mamtenarxe income nei revt381ed ~ You ~ ~ Oh t EMPLOYMENT INCOME (GROSS) OTHER INCOME GRO ( ~ ooee o have R conside EMPLOYMENT INCOME (GROSS red, $ 42 , OOO.OO PER Anneal $ 216.50 PER gl_y~~~y $1, 600.00 PER Monthl OTHER INCOME (GROSS) SOURCE y $ PER REFERENCES SOURCE NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU Vicki Loeseh HOME NUMBER NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU H 1 3 4 4 K u hn Rd 7 - - 77 OME NUMBER RELATIONSHIP R r ,~ 7 ~ . ,, ~ ~~ PA 17007 Y~G,tl,e,. RELATIONSHIP WHAT YOU OWE CREDITOR NAME (Attach addktonal sheet(s) H Mortgage RATE I BALANCE I PAYMENT I VALUE DUE (incl. Tax & Ins.) 2nd MORTGAGE I T s S AUTO LOAN s S CREDIT CARD S S CREDIT CARD s S CREDIT CARD S s OTHER : $ OTHER ; S OTHER s $ LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE ; s CHECKED: TOTALS TO PROTECT YOUR LOAN THROUGH VOLUNTARY GROUP CREDIT INSURANCE, REVIEW AND COMPLETE THE APPLICATION ON PAGE 3. oa-eooo LASER-la F. 1-i~saz page 1 of 3 ~'(/A ~--+~ COPYRIGHT 2004 Minnesota Mutual Companies, Inc. All rights rwe.....w~ LOAN APPLICATION SIGNATURES BY SIGNING BELOW, I AGREE AS FOLLOWS: All the information in this application is true. I understand that section 1014 Title 18 U.S. Code makes it a federal crime to knowingly make a false statement on this appligtion. You have my permission to check ft. You may retain this application even if not approved. I understand that you may receive information from others about my credft and you may answer questions and requests from others seeking credit or experience information about me or my accounts with you. IF MY LOAN APPLICATION IS APPROVED: Terms and Conditions: 1 acknowledge that I have read, understand and accept the terms and conditions of the Open-end Credit Plan, Disclosures, Credit Agreement, and Security Agreement. I also understand that I may receive our Advance Receipt, that the Advance Receipt is a part of my credit contract, and I should be bound by the terms of the Advance Receipt. i ad<rwwledge that I have received copies of these documents. If I have elected to appty for voluntary credit insurance, I acknowledge that I have read and understarxl the terms of the insurance Appliption and Certificate of Group Insurance; I certify that all information given in connection with the Application is true and complete; and I acknowledge receipt of a copy of the Applicaton and Certifpte. I also understand that by signing or endorsing any advance proceeds checks or vouclrers, or by otherwise accepting, using or accessing advance proceeds now or in the future, I also agree to the terms of the above documents. 1 further understand and acknowledge that no additional signatures shall be required for you to enforce the terms of the above agreements, but I may be asked, and shall be required to, provide additional signatures if you deem it necessary. I also agree to provide Credft Union with any and all information necessary for you to perfect your security interest in any collateral pledged in connection wfth my advances, either now or in the future, Cross-collaterallzation: I understand and acknowledge that any and all collateral given in connection wfth any advances shall secure all amounts I owe the credft union now and in the future. However, non-purchase-money househokJ goods shall not secure any Loan or advance, and my principle dwelling will not secure any advance underthis Open-end Plan. On-going credit checks: i understand that you may periodiplty update my credlt Information in order to evaluate my on-going credit worthiness, without any additional signatures, for as bng as my plan is open and/or an outstanding balance exists. You may use and communicate any information gathered for any lawful purpose in any manner allowed by law. Credit Insurance: Voluntary Credit Insurance is available to protect your loan. If you are interested in applying for coverage please complete the Insurance Appliption on page 3. PLEDGE OF SHARES: I grant and pledge to you a consensual lien on all sums on de srt to secure m obit applicable state law. "A{I sums on deposit" and "shares" for po Y gations to the credit union pursuant to purposes of this pledge means aN deposits in any share savings, share drag, dub, certificate, P.O.D., revocable trust or custodial aoceunts(s), whether jointly or individually held, that you have on deposit now or in the future, all of which are deemed "general deposfts" for the purpose of this pledge. My pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in which I do not have vested ownership interest. In addition, I acknowledge aril agree to impressment of tl~e Credit Union's statutory lien rights under the Federal Credit Union Act as of the date I opened my credlt plan, which gives you the right to apply the sums in my acxount(s), to satisfy any obligations 1 owe to the credit union, regardless of contributions at the time of default, and without further notice to me or any owner of the account(s). SECURITY INTEREST AND LIEN ON ACCOUNT(SI (1 j By signing the Master ApplfpUon, or by accessing, using, or otherwise accepting any funds, accounts or services, 1 grant the Credit Union a security interest in all goods, property, or other items future, or in any other collateral given now or at the time of any future advance, or given at any othertme in orumnect~ionrwith the Open-end Planthn accordance with my Security Agreement. I also agree to abide by the terms of the Security Agreement and any Advance Receipt or similar document. (2) By signing the Master Application and/or Account Card, or by accessing, using, or otherwise accepting any funds, accounts or services, I grant the credit union, and you irnnpress, a lien on any and all funds in any joint and individual share account(s), regardless of the source of the funds in the account(s) or any owner's contributions, to secure any account owner's joint or individual obligations to us, now or in the future, whether dared, indirect, contingent or secondary. This lien secures all debts you owe us pursuant to any loan or credit agreements; under this Open-end Credit Phan; arising from any insufficient funds ftem; fees; costs, expenses; or otherwise. I understand and agree that the Credit Union has multiple rights which include a "consensual Ian" a "statutory lien" pursuant to 12 USC 1757 and 12 CFR 701.39, applipble state law and your "common law" right to set off, which authorize us to apply the funds in any joint or individual account to any obligations owed to you if 1 default or fail to pay or satisry any obligation to you without any legal process, court proceeding or any notice to any owner of the axount(s) aAected hereunder or otherwise under this Agreement. I speciflcalty agree that you have a right to place an administrative freeze on any of my joint or individual account(s) and that such action shall not violate 11 USC 362 or other applicable law. I agree that my account(s) are not assignable or transferable except to the Credit Union unless specifically authorized in writing by you. Obligations secured by my primary residence, household goods and any funds in an IRA or Keogh axount are not included in your lien or this security interest, un~ss subject to spedfic pledge or security agreement. The Credft Union will not trove any responsibility or liability to me or others relating to the dishonor or other return of any check, drag, ACH transaction or other order occurring as a result of you exercising you lien rights or freezing any accounts in order to protect or preserve such rights. If 1 purchase voluntary credit insurance or other products in connection wRh this loan, l understand that a portion of the premium or fee 1 pay wiN be retained by the credit union (or paid back to the credit union by the service provider) as compensation for making these services available to me. IMPORTANT NOTICE ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identity you. We may also ask to see your drivers license or other identifying information. Sf NA U E O APPLICANT DA A U X ~`"'~'~',>f- 07/21/2008 ~ DATE X ~"-'` ~3'~ ~ 07/21/2008 HAVE YOU OMITTED ANYTHING? REMEMBER: INCOMPLETE APPLICATIONS CANNOT BE PROCESSED. ~xA TO PROTECT YOUR LOAN THROUGH VOLUNTARY GROUP CREDIT INSURANCE, REVIEW AND COMPLETE THE APPLICATION ON PAGE 3. 04-6000 LASERdA F. 1-11582 page 2 of 3 COPYRIGHT 2004 Minnesota Mutual Companies, Inc. AU rights reserved. CREDIT INSURANCE IS VOLUNTARY AND IS NOT REQUIRED TO OBTAIN YOUR LOAN YOUR COVERAGE TERMINATES WHEN YOU REACH AGE 70 FOR CREDIT LIFE INSURANCE AND AGE 66 FOR CREDIT DISABILITY INSURANCE. APPLICATION FOR GROUP CREDIT INSURANCE Minnesota Life Insurance 33029-6-600 550,000 180 Months 33030-G~00 NA 400 Robert Street NA 14 Days St. Paul, MN 55101-2098 NA No I (we) are applying for the credit insurance coverages) selected below and agree to pay the required premium. I (we) understand that fees may be paid by the insurer in connection with this coverage to the Creditor. I (we) understand that the purchase of this insurance is voluntary and not required in order to obtain credit, and that I (we) may terminate it at any time. I (we) understand that if joint life insurance is selected, we must be jointty and individually liable under the loan, and that co-signers and guarantors are not eligible for insurance. The following questions,1 and 2, must be answered to determine my (our) eligibility for insurance: APPLICANT CO-APPLICANT YES NO yES P1O ^ ^ ^ ^ 1. (Applicable to life insurance coverage only) Are you under age 66 on this date? 2. (Applicable to disability courage only) Are you under age 66 on this date AND ^ ^ ^ ^ are you presently working outside your home for wages or profd for 30 hours or more per week and have been so working for 30 days or more before this date? In addki if soon gibility. ^ he t two ye for: rt ack or c ncy Synd My (our) answers to the above questions are true to the best of my (our) knowledge and belief. If my co-applicant or I answer "No" to questions 1 or 2, we understand that that person is not eligible for insurance and will not be insured.-Ff~ly~applisa~ i a The effective date of my (our) insurance will be the date of this application. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of clakn containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Do not sign this application if any applicable spaces are blank. This application will not be used in a contest if all applicable 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 CONTAINS LIMITATIONS/EXCLUSIONS PERTAINING TO BENEFITS PAYABLE. COVERAGE REQUESTED ('MONTHLY PREMIUM PER x100.00 OF OUTSTANDING LOAN BALANCE.) ^ Yes ®No Single Life I A NA UR X 5.7¢' ^Yes ®No Joint Life DATE CO- 07/21/2008 X 9.9¢' ®Yes ^ No PLICANT'S SIGNA UR (Joint Life Only) sEE Credit Disability BELOW DATE No. of Equal Monthly Inadllknents Monthly Premium Rate• No. ~ Equal Monthly Inatalknsrtts Monthy Premium No. of Equal Monthy Promium No. of Equal Rate• Monthly InstalMneMs R t • 07/21/2008 Monthly Promium No. d Equal Monthly Premium a e Monthly Installments Rate• Monthly Irretallments Rate• 8 18 32.5¢ 23.5¢ 56 64 12.0¢ 11.3¢ 104 112 9.0¢ 8 7¢ 152 160 7.7¢ 200 7.1¢ 24 32 19.0¢ 78.2¢ 72 80 10.8¢ 10 1¢ 120 128 . 8.5¢ 168 7.6¢ 7.6¢ 208 216 7.1¢ 7.1 ¢ 40 48 14.4¢ 88 . 9.7¢ 136 8.2¢ 8.1¢ 176 184 7.4¢ 7 ~ 224 232 7.1¢ 13.0¢ 96 9.3¢ 144 7. ~ 192 . 7.2¢ 240 7.0¢ 7.p¢ MHC-98-4567.37 A ~.A 04-6000 LASER-IA F. I-11582 page 3 of 3 COPYRIGHT 2004 Minnesota Mutual Companies, Inc. All rights reserved. ' Belco Community Credit Union 403 N. 2nd Street Harrisburg Area: (717) 2323526 P.O. Box 82 Lancaster Area: (717) 393-1116 Harrisburg, PA 17108 Toll Free: (800) 642-4482 OPEN-END CREDIT PLAN, DISCLOSURES, CREDIT AGREEMENT, AND SECURITY AGREEMENT _-- s/ t KtLLER ST CASEY L LEINBERGER MECHANICSBURG, PA 17065 7ss8so 01h8/197s - 3 / t KtLLER ST DATE OF BIRl KIMBERLY J LEINBERGER MECHANICSBURG, PA i70ss 12/12/1978 AN OPEN-END CREDIT PLAN FROM YOUR CREDIT UNION This Open-end Credit Plan is a quick and convenient way for you to obtain a loan when you need U. This is an open-end, mufti-featured credit plan. We anticipate that you will borrow money (called "advances") from time to time under the Plan. Several types of credU, called "subaccounts", are available under the Plan. Finance charges wiU arxrue for any outstanding balance on the plan. We may, but do not have to, set credit limits on certain subaccounts or on the entire plan as a whole. The amount of credit available against any credit limit may vary in axordance with the payments you make against your outstanding balance. When you signed your credit application, you agreed to the terms and conditions of the Open-end Plan, Cred'R Agreement, Security Agreement, Rates and Fees Addendum, Advance Receipt, and any shnilar document in connection with your Plan. Future advances will be governed by these terms even without your (afore signature, However, vve may require you to sign further documentation in order to protect the Credit Union's security interests or for other appropriate purposes. Advances may be appUed for by telephone, email, intemet, fax, mail or in person. MEMBER'S DISCLOSURE STATEMENT 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 balance for each day is muftiplied 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 acxwunt at the close of business after all transactions, including payments and new borrowings, have been entered. Share or CD Secured Variable Rate: If this is a share or CD secured loan, the Annual Percentage Rate may increase or decrease during the term of this ransaction if the share or CD rate increases or decreases. Your initial rate will be the share or CD rate plus a margin of 2% and will vary thereafter as described herein. An increase or decrease wiU take effect quarterly on the first of January, April, July, and October following a change in the share or CD rate. The interest rate will not increase above the maximum rate albwed by law. Any increase will take the form of more payments of the same amount. Security Interest: Collateral is required for all advances. The credit unan will take a security interest in all your shares and deposits in the Credft union, including future additions, as security for advances under this plan. Additionally, the credit union will take a security interest in the property purchased with the advance or in property identified in the Advance/Revolving Request form or other security agreement for each secured advance under this plan. Property given as security for any other ban held by the credit union will also secure all amounts you owe under this plan (see Security Agreement on page 4). Property insurance: You are required to carry insurance against loss by fire, theft, or collision and comprehensive coverage on motor vehicles and other property pledged as security on your ban. The insurance may be obtained by any insurance broker of your choice. The insurer waives all rights of subrogation against the consumer. If you do not obtain property insurance, the credU union will provide U for you, at your expense. Late Charge: If a payment is 30 days late, you will be charged 5% of the payment due. Credit/Debit Cards: The Credit Union will issue you debft cards, loan drafts, or credit cards (including, but not limited to drags, cards, plates, coupon books, debit cards or other consumer credit devices) if they are now or in the future made part of your open-end credit plan. Overdraft Protection: If you request Overdraft Protection, any overdrafts on your share draft account will be charged against your Personal line of credit and will be subject to the Finance Charge applicable to your Personal line of Credit. CREDIT PLAN RATES b FEES See separate Open-end Credit Plan Rates & Fees Addendum for Type of Transactions, Credit Plan Rates, and Fees that will apply to your Plan E,r. B NOTICE: SEE ATTACHED NOTICE FOR IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. 8301 LASER IA F60846 Rev. 12-2005 page 1 of 8 COPYRIGHT 2005 Securian Financial Group, Inc. All rights reserved. NAME CASEY L LEINBERGER 758860 IN THESE AGREEMENTS, THE WORDS "I," "ME," "MY" AND "MINE" WILL MEAN ANY PERSON WHO EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY ADVANCE/REVOLyING REQl1EST OR SIMILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OTHERWISE ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE Wt~RDS "YOU," "YOUR" AND "YOURS MEAN THE CREDIT UNION. CREDIT AGREEMENT Agreement to Terms: By signing the Master Application, and/or by accepting, using, or accessing any proceeds under this plan, I agree to the terms and conditions of the Open-end Credit Phan, Discosures, Credit Agreement, and Security Agreement, and any and all Advance Receipts, and any future amendments thereto, and promise to pay you aN amounts due. Advances, Credit Limits, plan Access, and Periodic Statements: I may appty for advances under this Plan in any manner aibwed by the Credit Union, including telephone, a-mail, intemet, fax, mail or in person. You reserve the right to refuse to make an advance without affecting the liability of any co-borrower. Advances will at no time exceed any credtt limits as set forth in the loan policy of the credtt union. If an advance is approved, you may issue a proceeds check or draft to me; or deposit advance proceeds into my share account or share drag account; or issue to me credtt cards or ATM/Debit cards in order to directly access my Plan and obtain advances. I will receive a periodic statement describing the activity on my Ptan during the applicable billing cycle. Liability for Unauthortzed Use: If I use an ATM/Debtt card to access my plan, I may be liable for the unauthorized use of the card. I must tell the Credit Unan at once if I believe my ATM/Debtt card has been bet, stolen, or used without my permission. I may contact the Credtt Union at: Belco Community Credtt Union, 403 N. 2nd Street, P.O. Box 82, Harrisburg, PA 17108 or call (800) 642-4482. I will not be liable for unauthorized use that occurs after I notify the Credit Union of the loss, theft, or possible unauthorized use. if the card is used to obtain advances directly from the Plan, my total liability wiN not exceed 550.00. If the authorized withdrawal is from a share draft account, my liability is governed by the Regulation E disclosures i received at the time I received my ATM/Debit cans, even if the withdrawal results in an advance being made from my overdraR subacx:ount under my Open-end Credit Plan. I also have certain rights and responsibilities under the Fair Credit Billing Ad if I beleve my periodic statement is incorrect. See Billing Rights Notice at the end of this Credtt Agreement. Advance Receipts: If I take an advance under this Phan, I will receive an Advance Receipt outlining the transaction and describing any collateral given as security for that advance. The Advance Receipt is part of the credtt contract and I must abide by the terms described therein. Payments: The minimum monthty payment and due date will be set and disclosed to me at the time each advance is made. My minimum payment will be based upon the amount of my outstanding balances immediately aRer my most recent advance. My minimum payment will rwt 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. Late Ctrarges: If I make a late payment, I agree to pay a late charge if one is disclosed on the face of this document. Credit Insurance: Credit life and/or credtt disability insurance is voluntary and not a condition of opening my Plan or obtaining any advance. Borrower will only have this coverage if Borrower applies for the coverage, meets the eligibility requirements, and agrees to pay the premiums. The premium will be charged and collected monthy and will become part of Borrowers minimum monthly payment. Credit insurance will cover ail advances under the Plan now and in the future (subject to any limitations, restrictions or exclusions contained in the Certificate) and premiums will be charged according to the outstanding bahance of the Pian. If Borrower fails to pay the insurance premiums, Credit Union may pncel the coverage ar, at its option, pay the premiums and add them to Borrowers outstanding plan balance, upon which interest will accrue. Borrower may cancel coverage at any time by informing the Credtt Union of the intent to do so. Credit Union retains a portion of the premium (or a portion is paid back to the credit union by the service provider) as compensation for making this service available. See Certifpte for specific terms and conditions of the insurance contract. Default: The following provision appftes to borrowers -n Idaho, Kansas, and Mane: I will be in default if (1) I do not make a payment of the required amount when due; or (2) you believe the prospect of payment, performance, or realization on any property given as security is signifipntty impaired. The following provision applies to borrowers in Wisconsin: I will be in default if any of the following occur: (a} I fail to make a payment when due on two (2) occasions within any 12-month period; OR (b) I breach any term or condition of this Open-end Plan, which breach materialty impairs my ability to pay amounts when due or materially impairs the condition, value, or protection of your rights to or in any collateral securing this transaction. When I am in default, 1 am entitled to notice of such default and I have a right to cure the default within fifteen (15) calendar days after the date of mailing of such notice. If I fail to cure the default, the full amount of the unpaid balance due shall become immediately payable. The following provision applies to all other borrowers: I shall be considered in default ff any of the following occur. (1) If I break any promise made under this Credit Agreement or under the Security Agreement; or (2) if I do not use the money you advarxx3ct me for the purpose stated in my application; or (3) ff you should, in good faith, belleve that prospect of payment, performance or realization of the collateral, if any, is impaired; or (4) if t die; or (5) ff 1 file a petition in bankruptcy, insolvency, or receivership or am put irnoluntarily into such proceedings; or (~ if the collateral, if any, given as security for this account is least, damaged or destroyed, or if tt is levied against, attached or garnished; or (7) ff I do not pay on time any of my current or future debts to you. If i default, you may, at your option, declare this account immediatety due and payable, and 1 must immediately pay to you at that time the total unpaid balance, as weN as the Finance Gharge to date, any late diarges and costs of collection permitted under lew, including reasonable attorney's fees. Costs of collectbn include, but are not limited to, repossession fees, appraisals, environmental site assessments, casualty damage insurance coverage, and attorney's fees for any action taken by an attorney in order to polled this loan or preserve or protect the credit union's rights and remedies, including, without Nmitation, pre-suit demands for payment, pre-sutt mediation or settlement negotiations, irnestigation and assessment of the credit unions' rights, particlpation in bankruptcy pees, matters, and proceedings (including, without limitation, filing proofs of claim, pu-suing reaffirmation agreements, attending meetings of creditors, and pursuing complaints, motions, and objections that relate in any way to the cxedtt union's collateral or right to payment), collateral disposition, non-bankruptcy suits and/or administrative actions, and appeals. The princlpal balance in default shall bear interest at the contract rate; or (8) if anyone is in default of any security agreement given in connection wtth any advance under this Plan; (g) If I make any false or misleading statements in any credit appNption or update of credit information; (10) I am in default of any other loan or seewrity agreement I have with the Credit Union; or {11) I use the Plan for any illegal purpose or transaction as determined by applicable law. Illegal Use and Internet Gambling: i agree that all transactions that I inttiate by use of any advance or any prd which accesses my Plan are legal in the jurisdiction where I live and/or where the transaction occurred. Internet gambling may be illegal in the jurisdiction in which I am /opted, including the United States. My Plan and any prd which accesses my Plan may onty be used for legal transactions. Display of a payment prd bgo by an online merchant does not mean that intemet gambling transactions are lawful in all jurisdictions in which I may be opted. I agree to repay according to the terms of this Agreement aN transactions I inttiate by taking an advance or using my card(s), whether deemed legal or illegal. action Upon Default; The following provision applies to borrowers in Colorado, District of Col'umbla, Kansas, Maine, Massachusetts, Missouri, Nebraska, and West 1/Irglnia: Once i have defaulted, and after the expiration of any right I may have under applipble state law to cure my default, you pn demand immediate payment of the entire unpaid balance of the plan without giving me advance notice. The principal balance in default shall bear interest at the contract rate, or a default rate if one has been disclosed to me, or another rate if required by applipble law. The following provfslons applies to borrowers In Wisconsin: Right to Cure Default: If 1 am in default under this Agreement, you must give a notice of default to me pursuant to Wisconsin Statutes sec. 425.104 - 425.105. I shall have fifteen (15} plendar days from the date the notice is mailed to me to cure the default. In the event of an uncured default, you shall have all the rights and remedies for default provided under the Wisconsin Consumer Act. You may waive any default without waiving any other subsequent or prior default by me. Upon default, you are not entitled to possession of the collateral until you have obtained a judgment authorizing recovery of the collateral; however, I may voluntarily surrender the collateral at any time without judicial proceedings. I am entitled to a court hearing on the issue of default before you pn repossess the collateral; however, if I voluntarily surrender the collateral, t waive this right. page 2 of 8 L~•Q NAME CASEY L LEINBERGER 758860 IN THESE AGREEMENTS, THE WC+RDS "I," "ME," "MY" AND "MINE" WILL MEAN ANY PERSON WHO EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY ADVANCEIREVOLVING REQUEST OR SIMILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OTHERWISE ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE WORDS "YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. No Right To Cure: Pursuant to Wis. Stet. Sec. 425.105(3), I shall not have the right to cure a default if the folowing occur twice during the preceding twelve (12) months: (a) I was in default on the open-end plan; (b) You gave me notice of the right to cure such previous default In accordance with Wis.Stat.Sec. 425.104; and (c) I cured the previous default. Nothing in this Agreement shall be construed to restrict your ability to exercise your rights under the Wisconsin Consumer Act, Wis.Stat.Sec. 409.105 and 409.504 or 425.207(2) or any similar or other rights if so permitted unde- applicable Wisconsin law. The fo/towirrg provision applies io borrowers in all other states: Once 1 have defaulted, you may, at your option, declare all amounts under the Plan immediatety due and payable, and I must immediately pay to you at that time the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees. The princlpal balance in default shall bear interest at the contract rate, or a default rate ff one has been disclosed to me, or another rate if required by applicable law. Collection Costs: I agree to pay all costs incurred by the Credit Union in coilecttng any amount i owe or in enforcing or protecting the Credit Unbn's rights under this Plan, including but not limited to, repossession and collateral disposition fees and costs; flees and costs incurred in boating collateral; appraisals; casualty damage insurance coverage; attorneys' fees of 20% of the unpaid balance or such greater amount as may be reasonable. I also agree to pay any additbnal amounts incurred by the Credtt Unbn as a result of any appellate, bankruptcy or post-judgment proceedings, except as may be specifically limited or prohibited by applicable law. Borrower Responsibility: (promise to notify you of any change in my name, address or employment. 1 promise not to apply for an advance if i know there is a reasonable probability that I will be unable to repay my obligation according to the terms of the credit extension. I promise to inform you of any new information which relates to my ability to repay my obligation. I promise not to submit false or inaccurate informaton or willfully conceal information regarding my creditworthiness, credit standing, or credlt capacity. Joint Plarts: if this Plan has more than one borrower, lt is a joint Plan and each of us is indNiduagy and jointly responsible for paying all amounts owed. You can enforce your rights under this Plan against any one of us indvidualy or against all of us together. If we give you inconsistent instructions, you can refuse to follow those instructions. Unless your written policy requires all of us to sign for an advance, each of us authorizes the other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any notice mailed to one shall be considered notice mailed to all, unless applicable law requires individual notice. Any of us can remove ourselves from responsibility as a joint or co-borrower by notifying the Credlt Union in writing. However, this will not relieve any of us from joint or several liability for any obligations already incurred. Termination: I understand that you may terminate this credit and security agreement under the following conditions: 1. Upon adverse re-evaluatbn of my creditworthiness. 2. If I should fail to meet the terms of the agreements. 3. Notice to Wisconsin Borrowers: If I am a married Wisconsin borrower who has been extended indNiduai credit, the Credit Union can terminate this Plan if lt receives a written notice of termination from my spouse pursuant to Wis. Stet. 766.565(5). See State Notices below for further informatlon. 4. At my optbn, 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. Unlawful Transactions: I warrant and agree that my Open-end Credit Plan will not be used to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constttute an event of default under this Agreement. 1 agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by me or any authorized user(s). i further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use. Additional Provisions: 1. t 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 determinatbn 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 terms and conditions. Change in Tema: You may change the terms of this Plan at any time after giving any notice that may be required by applicable law. Any change in the interest rate will apply to future advances and, at our discretion and subject to any requirements of appficable law, will also apply to unpaid balances. Governing Law: These agreements shah be construed and enforced in axordance wlth the laws of the State of Pennsylvania. State Notices: NOTICES TO IMSCONS/N BORROWERS: (1) If I am married and am extended indvidual credit, Wisconsin Statutes Section 766.56(3)(b) requires the Credit Union to notify my spouse of the extension of credit. If Credit Union receives a written notice of termination from Borrower's spouse pursuant to Wis. Stet. Section 766.565(5) in connection with this Plan, Credit Union reserves the right to declare Borrower in default of the Plan and to call the entire extenson of credit due and payable notwithstanding Wts. Stet. Sections 425.103 and 425.105, to the extent not prohibited by law. If the Plan is called due and payable, 1 shall have certain rights to cure the default (see the "Actions Upon Default" paragraph above). (2) Additionalty, no provison of a marital property agreement, a unilateral agreement under Wis. Stet. Secton 766.59, or a court decree under Vu1s.Stat. 766.70 adversety affects the interest of the Credit Union unless prior to the time the credit is extended, the Credit Union is famished with a copy of the agreement or statement, or has actual knowledge of the adverse provison when the obligation to the Credit Union is incurred. NORTH DAKOTA NOTK:E TO BORROWERS PURCHASING A MOTOR VEHICLE -THE MOTOR VEHK:LE IN THIS TRANSACTK)N MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECENED IN THAT SALE, THE BORROWER MAY HAVE TO PAY THE DIFFERENCE. NOTICE TO UTAH BORROWERS: This written agreement is a final expression of the agreement between me and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. NOTICE FOR ARIZONA OWNERS OF PROPERTY: It is unlawful for a borrower to fail to return a motor vehicle that is subject to a security interest wlthin thirty days after I have received notice of default. The notice will be mailed to the address i provided on this document unless I have given the Credit Union a new address. tt is my responsibility to notify the Credit Union if my address changes. The maximum penalty for unlawful failure to return a motor vehicle is once year in prison and/or a fine of $150,000. The follow/ng is required by Yennont Law: NOTICE TO CO-SIGNER MY SIGNATURE ON THIS PLAN A~ANS 71IAT i AM EQUALLY LIABLE FOR REPAYMENT OF THIS PLAN. lF THE BORROWER DOES NOT PAY, THE CREDIT UNION HAS A LEGAL RIGHT TO COLLECT FROM ME. ~/[ . page 3 of 8 BORROVNER'S NAME ACCOUNT NUMBER CASEY L LEINBERGER 768860 w ~, mom, mr r~rvv mmC vvILL MtAN ANY F'tKS'UN VVHV EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY NDVANCE/REVOLVING REQUEST OR SIMILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OTHERWISE ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE VWR0.S "YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. Contractual Pledge of Shares: 1 pledge ail my shares and deposits in the credit un~, including future additions, as security for advances under this Open-end Credit Plan. In case I default, you may apply these 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 aril deposks shall appty to any of my shares which may be held in an "Individual Retirement Account" or "Keogh Plan." MARRIED WISCONSIN RESIDENTS: Marital Status: ~ Married ~ Unmarried ~ Legally Separated The name of my spouse is Spouse's SSN Address (if different) The credit being granted is incurred in the interest of the marriage or family of the Borrower(s). BILLING RIGHTS NOTICE -KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about my rights and your responsibilities under the Fair Credit Billing Act. Notify You In Case of Errors or Questions About My Statement If i think my statement is wrong, or if 1 need more information about a transaction shown on lt, I will write to you at the address listed on my statement, as soon as possible. You must hear from me no later than 60 days after you sent me the first statement on which the error or problem appeared. i may telephone you, but doing so will not preserve my rights. In my letter, I wilt give you the folowing information: 1. My name and account number. 2. The dollar amount of the suspected error. 3. A description of the error and an explanation if I can why I believe there is an error. tf I need more information I will describe the item I am not sure about. My Rights and Your Responsibilities After You Receive My Written Notice You must acknowledge my letter within 30 days, unless you have corrected the error by then. Within 90 days, you must either correct the error or explain why you believe the statement was correct. After you receive my letter, you cannot try to collect any amount I question, or report me as delinquent. You can continue to bill me for the amount I question, including finance charges, and you can apply any unpaid amount against my credit limit. I do not have to pay any questioned amount while you are investigating, but I am still obligated to pay the parts of my statement that are not in question. if you find that you made a mistake on my statement, I will not have to pay any finance charges related to any questioned amount. If you didn't make a mistake, I may have to pay finance charges and I wltl have to make up any missed payments on the questioned amount. In either case, you will send me a statement of the amount I owe and the date that lt is due. If I fail to pay the amount that you think I owe, you may report me as delinquent. However, if your explanation does not satisfy me and I write to you within ten days telling you that I still refuse to pay, you must tell anyone you report me to that i have a question about my statement. And, you must tell me the name of anyone you reported me to. You must tell anyone you report me to that the matter has been settled between us when it finally is. If you don't follow these rules, you can't collect the first $50 of the questioned amount, even if my statement was correct. SECURITY AGREEMENT Security Interest; PLEDGE OF SHARES; Statutory Lien; Setoff; Administrative Freeze: By signing the Open-end Credit Plan, or by accessing, using, or otherwise accepting any funds, accounts or services under my plan: (a) I grant the Credit Union a security interest in all goods, property, or other items purchased under this Plan either now or in the future, or in any other property given now or at the time of any future advance, or given at any other time in connection with the Open-end Plan ("Collateraf'). Any required description of the Collateral shall appear on my Advance Receipt or similar document and the Advance Receipt shall become part of this Security Agreement as if incorporated herein. The security interest includes all increases, substitutions and additions to the secured property, proceeds from any insurance on the secured property and all earnings received from the secured property. The security interest also includes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which 1 buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. If the value of the property declines, I promise to give you more security if asked to do so. t also agree to abide by the terms of the Security Agreement and any Advance Receipt or similar document. (b) I grant and pledge to you a consensual lien on all sums on deposit to secure my obNgations to the Credit Union pursuant to applicable state law. if I have a credit card account(s) under my plan, this pledge of shares also applies to the credit card account(s). "All sums on deposit" and "shares" for purposes of this pledge means all deposits in any share savings, share dreft, club, certificate, P.O.O., revocable trust or custodial accounts(s), whether jointly or individually held, that you have on deposlt now or in the future, all of which are deemed "general deposits" for the purpose of this pledge. My pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in which I do not have vested ownership interest. (c) I acknowledge and agree to impressment of the Credit Union's statutory lien rights under the Federal Credit Union Act and/or applkable state law as of the date I opened my credlt plan, which gives you the right to apply the sums in my account(s), to satisfy any obligations I owe to the credit union, regardless of contributions at the time of default, and without further notice to me or any owner of the account(s). (d) I acknowledge and agree to your "common law" right to set off under applicable state law which authorizes you to apply the funds in any joint or individual account to any obligations owed to you if I default or fail to pay or satisfy any obligation to you without any legal process, court proceeding or any notice to any owner of the account(s) affected hereunder or otherwise under this Agreement. (e) I specifically agree that you have the right to place an administrative freeze on any of my joint or individual account(s) and that such action shall not violate 11 USC 362 or other applicable law. Multiple Rights; Cumulative Remedies: I understand and agree that the Credit Union has multiple rights as enumerated above and that the remedies are cumulative. Nothing herein shall limit or restrict the remedies available to you following any event of default under the terms of my Open-end Plan. CROSS-COLLATERALIZAT~N: Property given as security under this Plan or for any other loan I have with the Credit Union will secure all amounts I owe the credit union now and in the future. However, property securing another debt will not secure advances under the Plan if such property is my dwelling (unless the proper rescission notices are given and any other legal requirements are satisfied), or are non-purchase-money household goods. Obligations secured by my primary residence, household goods and any funds in an IRA or Keogh account are not included in your lien or this security interest, unless subject to specific pledge or security agreement. Non-Transferability: lagree that my account(s) are not assignable or transferable except to the Credit Union unless specifically authorized in writing by you. No Liability for Dishonor: The Credit Union will not have any responsibility or liability to me or others relating to the dishonor or other return of any check, draft, ACH transaction or other order occurring as a result of you exercising your lien rights or freezing any accounts in order to protect or preserve such rights. fix. B page 4 of 8 CASEY L LEINBERGER 758860 IN THESE AGREEMENTS, THE WORDS "I," "ME," "MY" AND "MINE" WILL MEAN ANY PERSON WHO EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY ADVANCEIREVOLVING REQUEST OR SIMILAR DOCUMENT, OR ANY PECtSON WHO ENDORSES A PROCEEDS CHECK OR OTHERWISE ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE WORDS "YOU " "YOUR" AND "YOURS' MEAN THE CREDIT UNION. Ownership of the Collateral: Depending on the nature of the advance and/or the preference of the Credit Union, the property given as Collateral may be property already owned by me or may be the property purchased with the advance proceeds. If I am granting a security interest in property already owned by me, I promise that I own the property, free of all security interests except that given to the credit union and except for any other interests disclosed by me to the credit union prior to the advance. 1 promise that I have informed you of any and all co-owners of the Collateral and/or any other person with an interest in or claim against the prope-ty. If I am using the advance proceeds to buy the property that shall be used as Collateral, 1 agree to use those advance proceeds for the sole purpose of buying that Collateral. I agree not to sell or lease the Cofiaterai or to use lt as security for a loan with another creditor until the advance is repaid. i agree not to allow another security interest or lien to attach to the Collateral either by my actions or by operation of the law. Protecting the Security Interest: If my state issues a title for the Collateral, I agree to have your security interest shown on the title and to take any other steps necessary for you to perfect your security interest in that tltled property. I may have to sign and/or file a financing statement or similar instrument to perfect your security interest and/or to protect your security interest from the claims of others. If asked to do so, I agree to sign a financing statement or other required document. I also agree to do whatever else you think is necessary to prated your security interest in the Collateral. collateral you may culled from me reasonable expenses incurred in the retaking, holding and preparing the collateral for and arranging the sale of the collateral. You may also collect reasonable attorney's fees and legal expenses, permitted by applicable law, incurred in connection with disposition of the property. Unless I default, I may keep possession of the property (collateral) described and use lt in any lawful manner consistent wlth this agreement or with the insurance policy on the collateral. I understand that you have certain rights and legal remedies available to you under the Uniform Commercial Code and other applicable laws, and that you may use these rights to enforce payment if 1 default. in that event, I will at your request assemble the property (collateral) and make it available to you at a place of your choosing. If you decide to waive this defauN, lt will not constitute a waiver of any other subsequent defaults. Attorney-in-Pact: You are hereby appointed as my Attorney-in-Fact to perform any ads which you feel are necessary to protect the collateral and the security interest which this agreement creates. Co-borrowers: 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. Survival of Obligations: This security agreement not onty binds me, but my executors, administrators, heirs and assigns. Use of the Collateral: Until the advance has been paid in full, I agree to (1) use the Coiateral carefully and for the purpose lt was intended and keep lt in good repair, (2) Obtain your written permission before making major changes to the Collateral or changing the address where the Collateral is kept; (3) inform you in writing before I change my address; (4) albw you to inspect the Collateral; (5) Promptly notify you if the Cot~teral is damaged, stolen or abused; (6) Not use the Collateral for any unlawful purpose. Property Insurance: I will maintain insurance to cover any vehicle or other property in which you have a security interest. This insurance will be in a form and an amount satisfactory to you. i wNl soppy 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 will bear interest at the contract rate until paid. 1 further assign to you the right to receive the proceeds of any insurance on such property, 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 proceeds to the sums owed to you. I further authorize you to provide your Insurance Serv"ICe Center with the necessary information for verification of adequate coverage. I acknowledge that insurance, or any extension thereof, placed by you is without benetlt to me individuaNy but is primarily for the protection of you. Notices: You may meet all requirements for sending me a notice of any kind if you send lt to me by means of United States mail, at my last given address. You may also meet this requirement by delivering these notices to me electronically provided that I have agreed to receive notices by electronic means, such as email. Additional Advances: 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. Disposition of CoNateral: 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 is kept and take possession, subject to applicable laws. You have the right to render the property pledged as collateral unusable and dispose of the collateral on the premises where the collateral is kept. If you decide to sell the collateral at a public sale, private sale or otherwise dispose of the collateral, you will notify me of the time and place of the intended disposition ten (10) days prior to the sale or disposition. If you sell or otherwise dispose of the Additional Security: Should you feet at any time that the security presented has diminished in value, or for any other reason feel that addtional security is required, I agree to assign to you within (10) days whatever additional security you feel is necessary to protect yourself against possible bss. Agreement to Terms: My signing and endorsing any checks or drafts issued under this agreement, or otherwrise using, accessing, or accepting any advance proceeds, shows my acceptance of its terms and conditions. 6300 4/04 ~. 8 page 5 of 8 80RR01MER'S NAME ACCOUNT NUMBER CASEY L LEINBERGER 758860 CREDITOR BENEFICIARY (POLICYHOLDER) BELCO COMMUNITY CREDIT UNION MINNESOTA LIFE CERTIFICATE OF GROUP CREDIT INSURANCE Minnesota Life Insurance Company 400 Robert Street North St. Paul, Minnesota 55101-2098 CREDIT LIFE INSURANCE CREDIT DLSARII ITV INRI 1RANCF 33029-6-500 ~ 550,000 ~ 33030.6-500 ~ NA ~ NA 180 Months ~ NA ~ 74 Days i No This certificate is issued in consideration of your application and the payment of the required premium. It summarizes the main provisions of the group policy(ies) that affect you. You may examine the group policy(ies) at the principal office of the policyholder during regular business hours. No coverage is provided for any unused portion of your line of credit. Notice of your right to examine this certificate for 30 days. It is important to us that you are saflsfied with this insurance. If you are not satisfied, you may return this certificate to us or to your insurance representative within 30 days of its receipt, and you will receive a full refund of any premiums you have paid within 30 days after we receive your notice of cancellation. UFE INSURANCE What is the amount of the death benefit? The death benefit will be the lesser of: (1) the unpaid balance of your loan on the date of your death; or (2) the maximum amount of insurance specified on your application. The death benefit will include up to two months of delinquent payments. If you are jointly insured and your co-debtor dies, the death benefd will be determined on the same basis. Only one death benefit is payable, even. if both jointly insured debtors should die on the same date. The death benefit will be payable when we receive a certified copy of the death certificate and a statement from the policyholder. How would apre-exi I c ti ct yo .gel With respect to life insu ex 1,0 to ~g co n ion; as to each advance on your loan, we will n th if h r the a of the advance and is caused by apre-existing I n Apre-existing medical fs a ase o received medical advice, consultation, diagnosis or f ent sician i e six th pe t the date of the advance. Is there a suicide exclusion? As to each advance on your loan, we will not pay any life insurance claim if you, whether sane or insane, die by suicide within one year after the date of the advance, but we will refund your premium paid for insurance on that advance. In the case of joint credit life insurance, we will continue the surviving joint insured's coverage and make a refund in accordance with the refund provisions of this certificate. If both joint insureds commit suicide within one year after the date of the advance, we will refund the premium paid for the joint life insurance coverage on that advance. What if joint life insurance is terminated because of suicide, contestability or ineligibility? If joint life insurance is terminated with respect to one of the joint insureds in accordance with the provisions on suicide, contestability or age eligibility contained in this certificate, a refund will be made which is equal to the difference between the premium actually charged for the joint life coverage and the premium that would have been charged if only single coverage had been issued and the joint life certificate will be replaced by a single life certificate. What if your life insurance coverage is issued in excess of the insurance maximum? If we issue your insurance in excess of the insurance maximum in error, we have the right within 60 days from the effective date of the certificate to reduce the excess coverage and refund the excess premium charge paid, provided you are alive on the adjustment or termination date. YOUR CERTIFICATE CONTAINS PRE-EXISTING CONDITION EXCLUSIONS. WITH RESPECT TO LIFE INSURANCE COVERAGE IN EXCESS OF $1,000 SUBJECT TO THE PRE-EXISTING CONDITION EXCLUSION, A BENEFIT MAY NOT BE PAYABLE WITH RESPECT TO AN ADVANCE IF DEATH OCCURS WITHIN 6 MONTHS AFTER THE DATE OF THE ADVANCE AND DEATH RESULTS FROM APRE-EXISTING CONDITION. A BENEFIT MAY NOT BE PAYABLE WITH RESPECT TO AN ADVANCE IF TOTAL DISABILITY COMMENCES WITHIN 6 MONTHS AFTER THE DATE OF THE ADVANCE AND RESULTS FROM APRE-EXISTING CONDITION. REFER TO YOUR CERTIFICATE FOR FURTHER DETAILS. IN NO EVENT IS LIFE INSURANCE COVERAGE TO REMAIN IN FORCE BEYOND THE DATE AGE 66 IS ATTAINED. IN NO EVENT IS DISABILITY INSURANCE COVERAGE TO REMAIN IN FORCE BEYONDnTHE DATE AGE 66 IS ATTAINED. MHC-98.4587.378 ~ /~S Certificate continued on page 7 & 8. 6301 LASER IA F60648 Rev. 12-200.5 page 6 of 8 "'VVV COPYRIGHT 2005 Securian Financial Group, Inc. All rights reserved. ~, BORROWER'S NAME ACCOUNT NUMBER CASEY L LEINBERGER 758860 DISABILITY INSURANCE What is the amount of your monthly disability benefit? Your monthly disability benefit will be an amount equal to your minimum installment payment as specified in your loan agreement, excluding any delinquencies and/or fate fees, due in the month in which total disability commences. If your minimum installment payment increases according to a procedure specified in your loan agreement to recognize periodic changes in the loan interest rate (variable interest loan), we will increase your monthly disability benefit accordingly provided the date of minimum installment payment increase is after total disability commences. In no event will any other increase (or decrease) in your minimum installment payment, after total disability commences, serve to change the amount of monthly disability benefit payable. Disability benefds will be payable when we receive proof you have become totally disabled while you are insured and prior to your 66th birthday. Also, you must be under the regular care of a physician for the sickness or injury. We will pay the monthly disability benefit at the end of each month of continuous total disability following the expiration of the waiting period. If the retroactive benefd is effective, we wilt pay the monthly disability benefd at the end of each month of continuous total disability from the date total disability commences but benefds will not begin until the waiting period expires. What is the definition of total disability? During the first twelve months of disability, your complete and continuous inability, due either to sickness or injury, to pertorm the duties of your regular occupation. ThereaRer, your complete and continuous inability, due either to sickness or injury, to engage in any occupation for which you are reasonably fitted by age, education, training or experience. For how long will monthly disability benefits be paid? We will pay the monthly disability benefd for any continuous period of total disability until any one of the following conditions are met: (1) the payments total an amount equal to the unpaid balance of your loan on the date total disability commences, including principal and interest, under the terms of the loan note or agreement; or (2) your loan is charged off or discharged through payment or prepayment; or (3) you .reach age 66. What if you suffer recurrerrt periods of total disability? If, following a period of total disability, you engage on a full-time basis in any occupation for a continuous period of three months or more, any subsequent period of total disability resulting from the same or related cause or causes will be considered a new period of total disability. However, if the period during which you engage in any occupation is less than three months, any subsequent period of total disability resulting from the same or related cause or causes will be considered a continuation of the preceding period of total disability. If you are totally disabled and sustain an additional sickness or injury which would be in and of itself totally disabling, the additional sickness or injury will not be considered a new period of total disat~ility. What disabilities are not covered? We will not insure any loss resulting directly or indirectly from any total disability caused by: (1) intentionally self-inflicted injuries; or (2) normal pregnancies; or (3) as to each advance on your loan; apre-existing illness, disease, or physical condition for which you received medical advice, consultation or treatment within the six month period immediately prior to the date of the advance. However; total disability resulting from any such condition will not be excluded if total disability commences more than six months after the date of the advance. The date of an advance is the date on which you request the advance in accordance with your prearranged line of credit wlth the creditor. When must notice of a disability claim be given? You must give us notice within 30 days or as soon as possible after the occurrence or commencement of any loss covered by the group policy. The notice of claim must be in writing and given to our authorized agent or sent to our home office in St. Paul, Minnesota. We shall have the right to have you examined at our own expense as often as may reasonably be required while a disability claim is being considered or paid. As deemed necessary to determine continued disability we may also request written proof of loss during the course of a claim. What is the effect of the actively-at work requirement in yowr certificate? If you do not meet the actively-at-work requirement, and have correctly stated such in your signed application and the certificate is issued in error, we may, during the first 60 days from the effective date of the certificate, void coverage and refund the full premium charge paid you, provided you have not become disabled and have not met the requirements of the elimination period or waiting period on the date coverage is voided. GENERAL PROVISIONS To whom will benefits be payable? Claim payments will be made to the policyholder to reduce or extinguish your loan. if claim payments are more than the balance of your loan, remaining payments will be made to you or to a secondary beneficiary, if named, or to the insured debtor's estate. In the event of the simultaneous death of joint insureds and if the order of the deaths cannot be determined, any excess benefits remaining payable will be divided equally between and paid to each joint insured's secondary beneficiary, if named, otherwise to each joint insured's estate. ~X.~ page 7 of 8 ~ ~ / ~ ~ • ~ BORROWER'S NAME ACCOUNT NUMBER CASEY L LEINBERGER 758860 How are premiums calculated? Premiums for your insurance are calculated each month on the remaining insured outstanding balance of your loan and are computed by muftipiying the premium rate in effect under the group policy times the amount of insured debt. The premium rate is subject to change upon 30 days prior written. notice to you. How are refunds calculated? If the premium you were charged is greater than the premium required for your amount of insurance, the unearned premium will be refunded to you. All overcharged premium is unearned. However, refunds of less than $10.00 will not be made. When does your insurance terminate? Your insurance will terminate on the date any of the following events occurs: (1) your loan is charged off or discharged through payment, prepayment, renewal or refinancing; or (2) your open-end loan account terminates; or (3) the policyholder transfers the loan without recourse and no longer services the loan; or (4) any required loan repayment which includes your insurance premium is more than 90 days overdue; or (5) you request in writing that your insurance be terminated; or (ti) the group policy terminates provided you receive 30 days written notice; or m you die. If joint life insurance is in force, your insurance terminates on both you and your co-debtor on the date either you oryour co-debtor dies; or (8) you reach age 66 and have disability insurance; or (9) you reach age 70 and have life insurance. If joint life insurance is in force and insurance terminates on one of you due to attainment of age 70, insurance will continue on the other insured under a single life certificate if that person is under age 70. Termination of your insurance shall be without prejudice to any claim that occurred prior to such termination. If, in error, premiums continue to be changed to you when you exceed the age at which coverage is to terminate, and you correctly stated your age in your signed application, we may terminate coverage as of the next billing date, provided you are alive on the termination date and/or have not become disabled and have not met the requirements of the elimination period or waiting period on the termination date. What if your age is misstated? Subject to the contestable provision, if you stated you were under age lab and you applied for disability coverage or you stated you were under age 66 and you applied for life coverage but you were not, we will refund your premium when we discover this apd no benefds will be paid. If you applied for joint life insurance, this also applies to your co-debtor. What are the effects of the age limitations in your certificate? If you exceed the eligibility age, and have correctly stated your age in your application, and the certificate is issued in error, we may, during the first 60 days from the effective date of the certificate, void coverage and refund the full charge paid by you, provided you are alive on the termination date and/or you have not become disabled and have not met the requirements of the elimination period or waiting period on the termination date. If a certificate is issued in error to a joint insured and his/her coverage is voided as set forth above, the eligible joint insured's coverage will continue and a refund will be made in accordance with the provisions of this certificate. Can we contest your insurance? After your insurance has been in force during your lifetime for two years from the effective date of your insurance (excluding any period during which you are disabled), we cannot contest your insurance for any loss that is incurred more than two years after the effective date, except for the nonpayment of premium. In the case of joint life insurance, if coverage is terminated with respect to one of the joint insureds the other joint insured's coverage will continue and a refund will be made in accordance with the "What if joint life insurance is terminated because of suicide, contestability or ineligibility?" provision. l~X . page 8 of 8 ~ R , D ' ' J • VERIFICATION 1.-~ ~,~ el~~ states subject to the penalties of 8 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the LOSS PREVENTION COORDINATOR for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. ~ //~/ G~O Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY O,- 41??0 ofi F. n Ff R 1 OF THE: PRi77 ni?,? 9V ?TNn t ' BELCO Community Credit Union vs. Casey Leroy Leinberger (et al.) x S4ti'?tti??? G 4,#f1p??pfif??t 4 Case Number 2010-7302 SHERIFF'S RETURN OF SERVICE 11/24/2010 09:30 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 0930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Casey Leroy Leinberger, by making known unto himself personally, at 1200 Distribution Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM LA K, DEPUTY 12/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kimberly J. Leinberger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kimberly J. Leinberger. Request for service at 37 E. Keller Street, Mechanicsburg, Pennsylvania 17055 the defendant was not found. Deputies were advised neighbors have not seen Kimberly J. Leinberger at this residence in some time. To date The Mechanicsburg Postmaster is unable to provide a good forwarding address for Kimberly J. Leinberger. SHERIFF COST: $126.84 January 05, 2011 SO ANSWERS, 6Z RON R ANDERSON, SHERIFF ?,i I?Glltt:.t'S',Jllf 7FE'r if Te;ooso-i It`::; BELCO COMMUNITY CREDIT UNION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff `? ac s NO.. ZDIU._7302 -vw u N? r"3 CD C CASEY L. LEINBERGER KIMBERLY J. LEINBERGER ? n Defendants G To ?e PRAECIPE TO REINSTATE Please reinstate the complaint against the Defendant, Kimberly J. Leinberger at 1344 Kuhn Road, Boiling Springs, PA 17007. To Prothonotary Date: January 6, 2011 VIA , ?J2 Arthur M. Fe 1309 Bridge Street New Cumberland, PA 17070 ID# 07172 1D qq 'V*asq ?? (David D. Buelx Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania nrkS. Sohonage, EsQ Solicitor /0 — %,30 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 • Suite100 • Carlisle, TA • Phone 717 240-6195 • Ta,K717 240-6573