HomeMy WebLinkAbout11-3090BELOO COMMUNITY CREDIT UNION COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO.: '' . 30 lt> byi I Jor m
vs.
CIVIL ACTION - LAW
PATRICK M. ELINE_
Fri
Defendant
Z£ :)
N O T I C E -`?-?
YOU HAVE BEEN SUED IN COURT. If you wish to defend '&ga`fhst0<
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
D
CP ?d u
C?y9lsb
?* 95? -7 V3
BELCO COMMUNITY CREDIT UNION COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO..
PATRICK M. ELINE
CIVIL ACTION - LAW
Defendant
COMPLAINT
1. Plaintiff is Belco Community Credit Union, hereinafter
referred to as "IBELCO", a Pennsylvania Corporation with an
office at 449 Eisenhower Blvd., Harrisburg, Dauphin County,
Pennsylvania 17111.
2. Patrick M. Eline, a Defendant, is an adult individual with an
address at 811 W. Trindle Road, Mechanicsburg, PA 17055.
3. Defendant applied for a loan from Plaintiff pursuant to the
Application dated July 21 2010 which is attached hereto
marked Exhibit "A" and made part hereof. The Defendant's
social security number has been redacted to protect the
privacy of the Defendant.
4. After repossession and sale of the vehicle, the Defendant's
delinquent balance on the account is $11,223.32 as of
February 10, 2011.
5. Because of Defendant's failure to make monthly payments and
in accordance with the Consumer Lending Plan, attached hereto
marked Exhibit "B" and made part hereof, Defendant owes an
attorney commission of $1683.50 for a total of $12,906.82.
6. Defendant has failed and refused to bring his account
current.
7. Defendant is not a member of the Armed Forces of the United
States of America, nor engaged in any way which would bring
him within the Soldiers and Sailors Relief Act of 1940, as
amended.
WHEREFORE, Plaintiff requests entry of judgment against Defendant
in the amount of $12,906.82, plus interest together with costs of
suit thereon.
Date: 1?e ?L
Respectfully, Submitted,
Arthur M. Feld, Esquire
Attorney I.D. No. 07172
1309 Bridge Street
New Cumberland, PA 17070
(717)770-0292
Belco Community Credit Union
LJ CO-APPLICANT ?
NAME {Last - First - Initial)
SOCIAL SECURITY NUMBER
E-MAIL ADDRESS
BIRTH DATE HOME PHONE
Married Applicants may apply for a separate account. Check the appropriate box to indicate Individual Credit or Joint Credit.
® Individual Complete Applicant sections If only the applicant's Income is considered for loan approval.
Complete Applicant and Co-Applicant sections: (1J if you are relying on income from alimony, child support, or or on the income or assets of another person as the basis for repayment ed if you separate maintenance
Property State, or, (3) if you are relying on property located in a omunity Property Slateas a basis for repayment of the credit
requested. Community Property States include: AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI.
? Joint Credit: Complete Applicant and Co-Applicant sections if your co-a iicant will be contractually liable for repayment of the loan and initial below:
We intend to apply for joint credit. (Applicant Initials) (Co-Applicant Initials)
PLEASE CHECK BELOW TO INDICATE THE TYPE OF ACCOUNT(S) AND TYPE OF CREDIT FOR WHICH YOU ARE APPLYING.
? Account/Loan: ? Individual ? Joint, Credit Cards: Number of Cards
(Including ATMA304 Card Access to dhe Account if Available) ? Visa Classic
Amount Requested $ 10,386.19 ? Visa Gold
Purpose/Collateral: RE UC LOAN
? Other Loan Request ? Visa Platinum
SEE THE PAGE 4 FOR IMPORTANT INFORMATION ABOUT CREDIT CARDS
Repayment: ? Payroll Deduction ? Billing Notice ? Automatic Payment ? Web Pay ? Other
NAME (Last - First • Initiaq
PATRICK ELINE
SOCIAL SECURITY NUMBER
E-MAIL AUDHtSa
APPLICANT
ACCOUNT NUMBER
869987
MOTHER'S MAIDEN NAME
FAX NUMBER
BUSINESS PHONEIEXT.
DOWN ®RENT
BIRTH DATE I HOME PHONE
11/07/1978 717.495.6690
PRESENT ADDRESS (Street - City - State . Zip)
403 Georgetown Rd
Mechanicsburg, PA 17050
PREVIOUS ADDRESS (Street - City - State. Zip)
PURCHASE PRICE OF HOME:
MORTGAGE BALANCE
$
ASE gESIDE?IN A COMMMMUUNITYPF
MARRIED F1 SEPARATED
AT THIS ADDRESS 0 10
q!qsburg, PA 17326
PRESENT HOME VALUE:
$
MONTHLY PAYMENT (MORTGAGEIRENT)
$
3FOR JOINT CREDIT, SECURED CREDIT, OR IF
UNMARRIED (5410 - Divorced - widowed)
PRESENT ADDRESS (Street - City - State - Zap)
Loan Application and
Agreement to Terms
NON-APPLICANT SPOUSE/OTHER
ACCOUNT NUMBER
MOTHER'S MAIDEN NAME
FAX NUMBER
BUSINESS PHONEIM.
DOWN ? RENT
i AT THIS ADDRESS 0 0
PREVIOUS ADDRESS (SbM • City • State - ZIP)
PURCHASE PRICE OF HOME:
MORTGAGE BALANCE
$
PLEASE COMPLETE ONLY IF YOU ARE APPLY!
YOU RESIDE IN A COMMUNITY F
MARRIED SEPARATED
EMPLOYMENT
PRESENT HOME VALUE:
MONTHLY PAYMENT (MORTGAGEIRENT)
$0.00
FOR JOINT CREDIT, SECURED CREDrT, OR IF
UNMARRED (Single • Divorced • widowed)
NAMt ANU ADDRESS OF EMPLOYER
Flowers Baking Company NAME AND ADDRESS OF EMPLOYER
York Springs, PA
HIRE DATE i POSITION
06/10010 TECHNICIAN HIRE DATE POSITION
j
PRIOR EMPLOYER
GGS Services PRIOR EMPLOYER
INC OME
OTHER INCOME NOTICE- id $4V A, or separate malntensnce income ne
revealed it you do not 011006e to have it corWdered ed rat be OTHER INCOME Alitnaly, child support, or separate maintenance income need not be
EMPLOYMENT INCOME (GROSS) i OTHER INCOME (GROSS)
24
232
00 revealed 1yoU do not dicio a to have M conside
EMPLOYMENT INCOME (GROSS) red.
OTHER INCOME (GROSS)
$
,
.
PER ANNUAL $ PER $ 0
00 PER
? . $ PER
(
SOURCE SOURCE
REFER ENCES
NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU , HOME NUMBER NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU HOME NUMBER
RELATIONSHIP RELATIONSHIP
WHAT YOU OWE CREDITOR NAME
(Attach additional short(s) If necessary) INTEREST PRESENT
RATE BALANCE MONTHLY
I PAYMENT MARKET
VALUE PAST
DUE
® Rent First Mortgage
0nel
Tax & Ins
)
i ,
.
. TRANS UNION i $ : $
2nd MORTGAGE $ I s
AUTO LOAN $ $
CREDIT CARD
I S $
CREDIT CARD
I Is $
CREDIT CARD
I s s
OTHER
s $
OTHER
i i s
$
?
OTHER j
i s $
LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE
(CHECKED: TOTALS
TO PROTECT YOUR LOAN THROUGH VOLUNTARY GROUP CREDIT INSURANCE. REVIEW AND COMPLETE 'rHF APPLRCAT1 nN nN PAf:F 9
WN LASER JTP F111 1682 Rev 6.2010 r/4' Zi / E114 // oac e i of 4
COPYRIGHT 2005 Sewrien Financial Grotto. Inc. AN rghta reserved.
449 Eisenhower Boulevard, Suite 200 Harrisburg Area: (717) 232-3526
Harrisburg, PA 17111-2302 Lancaster Area: (717) 393-1116
Toll Free: (800) 642.4482
STATE NOTICES
OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit
reporting agencies maintain separate credit histories on each Individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
WISCONSIN RESIDENTS: Marital Status: Married Unmarried Legally Separated
If marled: the name of my spouse is Spouse's SSN:
P0 Spouse's Address (f different)
tice: No provision of any manta propeq agreement, unilateral omen er section 766.59, or court cree under n 766.70 will a erse y atlect g`9
rights of the Credit Union unless the Credit Union is furnished a copy of the agreement, statement or decree, or has actual knowledge of Its terms, before the credit is
granted or the account is opened.
MARRIED WISCONSIN RESIDENTS APPLYING FOR AN INDIVIDUAL ACCOUNT: By signing here, I state that the credit being applied for, K granted, will be
incurred in the interest of the marriage or family of the Borrower(s). X
BORROWER'S ACKNOWLEDGEMENT & SIGNATURES
PLEASE READ BEFORE SIGNING:
All the information in this application is true. You understand that section 1014 Title 18 U.S. Code makes It a federal crime to knowingly make a false statement
on this application. We have your permission to check it. We may retain this application even if not approved. You understand that we may receive information
from others about your credit and, we may answer questions and requests from others seeking credit or experience Information about you or your accounts with
us. (if this application is for two of us, this statement applies to both of us.)
Credit Report Authorization. By signing this Application, I authorize you to, obtain my credit report for the purposes of evaluating this application and to obtain
subsequent credit reports on an on-going basis In connection with this transaction, and for all other legitimate purposes, such as reviewing my accounts or
taking collection action on the account.
CONSUMER LENDING PLAN - AGREEMENT TO TERMS:
If your Consumer Lending Plan loan application is approved, by signing below, you agree to the following terms:
'You', "your' and 'Borrower", means any person who executes the Plan by signing the Loan Application and Agreement to Terms, or any person who
endorses a proceeds check or otherwise accepts, accesses, or uses Plan funds. Vol, `us', 'our` or 'Credit Union' means the Credit Union named above.
How the Plan Works. This Consumer Lending Plan has a variety of subaccounts under which you may take various types of loans (called `advances'). Some
subaccounts may be revolving (e.g., Personal Line of Credit). The credit available under these subaccounts will replenish as you pay down the balances. Other
subaccounts are single-advance subaccounts such as New Auto. These subaccounts will not replenish and wig have a set repayment schedule.
Binding Contract This Consumer Lending Plan, which includes the Credit Agreement, Security Agreement, Truth-In-Lending Statement, and all Advance
Receipts ('Planj, is a binding legal contract that will govern the terms of all loans that you obtain under the Plan. You only sign once to open the Plan;
thereafter, you may request additional advances without signing any paperwork unless requested by us.
By signing below, you are:
1. Agreeing to repay all loans you take. All loans you take under the Plan must be paid back, even if you don't sign any paperwork at the time of the
loan.
2. Pledging your shares and deposits in the Credit Union. If you default, we may apply the shares and deposits in your accounts to the amount you
owe us. We may also prevent you from withdrawing shares or deposits it you are in default, or, in the case of a share-secured or deposlt-secured loan, if
such withdrawal would cause your balance to fall below what you owe. Your pledge and our lien rights do not include any IRA, Keogh or other account
which would lose special tax treatment if pledged. Please see the Security Agreement for complete details.
3. Granting a security interest in all property you purchase or otherwise pledge. If you default on any subaccount under the Plan, we may seize and
sell any property you have purchased or pledged under that subaccount or any other subacoount. Cross-Cotiataralijft All other collateral you have
pledged for any other loan with us (except your home and household goods) will also secure this Plan. Release of Lien: We will not release a lien on
any of the collateral you have pledged If you are delinquent or in default on any of your subaccounts. For example: if you are in default of your line of
credit subacoount, we will not release our lien on your vehicle loan, even if the vehicle loan is paid in full. Please see the Security Agreement for
complete details.
Interest Rates and Fees. The rates and fees that apply to your subaccounts are disclosed on the separate TnAh-in-/-ending Statement and/or Advance
Receipt.
Purchase of Optional Products: H offered, you may apply for optional ban protection products such as credit insurance, debt protection, or Guaranteed
Asset Protection (GAP). These products are voluntary and are not required to obtain a ban from us. The premium or fee for the product(s) will be added to the
outstanding balance and becomes part of your minimum monthly loan payment. We will retain a portion of this fee as compensation for providing this service.
Purchase of optional products may extend the time it takes to pay off your outstanding balance(s). Once you purchase credit insurance or debt protection, all
subaccounts under the Plan will be covered, unless you tell us otherwise.
Acknowledgement: You acknowledge that you have read, understand andj accept the terms and conditions of the Consumer Lending Plan, Credit Agreement,
Security Agreement, and the Truth- In-Lending Statement, and have received copies of these documents. You also agree to be bound by all Advance Receipts
or similar documents and understand that by endorsing any advance proceeds check, or by otherwise accepting, using or accessing your advance proceeds,
you are bound to the aforementioned documents.
Negative Information Notice: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your
account may be reflected in your credit report.
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, verity, 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 identify you.
We may also ask to see your drivers license or other identifying information.
DATE APPLICANT DATE
07/21/2010 X
L
HAVE YOU OMITTED ANYTHING? REMEMBER: INCOMPLETE APPLICATIONS CANNOT BE PROCESSED.
' yt ii
,CX - y
L-
TO PROTECT YOUR LOAN THROUGH VOLUNTARY GROUP CREDIT INSURANCE, REVIEW AND COMPLETE THE APPLICATION ON PAGE 3.
6000 LASER J7P F111582 Rev s-2oio Daae 2 of 4 COPYRIGHT 2005 5eourien Foancial Group. Inc. AN doW 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 Company, 400 Robert Street North, St. Paul, MN 55101-2098
CREDIT LIFE INSURANCE CREDIT DISABILITY INSURANCE
GROUP POLICY INSURANCE MAXIMUM GROUP POLICY NUMBER MAXIMUM MONTHLY DISABILITY BENEFIT MAXIMUM LOAN REPAYMENT PERIOD
33029-G-500NUMBER $50,000 33030-G-500 NA NA
MAXIMUM LOAN REPAYMENT PERIOD MAX. AGGREGATE DISABILITY BENEFIT WAITING PERIOD RETROACTIVE BENEFIT
NA NA 14 Days No
I (we) are applying for the credit insurance coverage(s) 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 inl 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 jointly and individually liable under the loan, and that
co-signers and guarantors are not eligible for insurance.
The following questions,) and 2, must be answered to determine my (our) eligibility for insurance:
e'stion at wer or der ligibitity.
? ttwo ye m i i o ea for:
In addki I olucl
c ttack oe is r A fired
t?ncy Sx
Al Ay (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. II my-ee-applieaf?t
APPLICANT CO-APPLICANT
YES NO YES NO
? ? ? ? 1. (Applicable to life insurance coverage only) Are you under age 66 on this date?
2. (Applicable to disability coverage only) Are you under age 66 on this date AND
? ? ? ? are you presently working outside your home for wages or profit for 30 hours or
more per week:, and have been so working for 30 days or more before this date?
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 claim 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 airs 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 $100.00 OF OUTSTANDING LOAN BALANCE.)
SEE
? Yes ® No Single Life 6.2¢* ? Yes ® No Joint Life 10.80- ? Yes ® No Credit Disability BELOW
X
07/2112010 I IX
No. of Equal Monthly Premium No. of Equal Monthly Prwnium No. of Equal Monthly Premium No. of Equal Mon ft Premium
Monthly Installirmnts Rate' Monthly Instalments Rate* M IY lnefaWnenta RaN* Monthly Instak wue Rate'
8 35.70 56 13.29 104 9.80 152 8.50
16 25.80 64 12.49 112 9.69 160 8.40
24 20,80 72 11.6¢ 120 9.39 168 8.30
32 17.70 80 11.10 128 9.00 176 8.10
40 15.79 88 10.69 136 8.89 164 8.09
48 14.30 96 10.21 144 8.60 192 7.90
MHC-98.4587.37 A 7-2002
1EX,"
No. of Equal Monthly Premium
Monthly Installments Rate'
200 7.89
208 7.89
216 7.70
224 7.79
232 7.60
240 7.69
6000 LASER JTP F111502 Rev 6-2010 Daae 3 of 4 COPYRIGHT 2006 Secunan Financial Group. Inc. All rights reserved.
Belco Community Credit Union
449 Eisenhower Boulevard, Suite 200 Harrisburg Area: (717) 232-3526
Harrisburg, PA 17111-2302 Lancaster Area: (717) 393.1116
Toll Free: (800) 642-4482
CONSUMER LENDING PLAN
ADVANCE RECEIPT AND
TRUTH-IN-LENDING STATEMENT
BORROWER INAME ACCOUNT NUMBER
PATRICK ELINE 869967-L3
07128/2010
Thank you for taking a loan advance under your lending plan. This Advance Receipt and Truth-in-Lending Statement provides important information regarding
the terms of this loan. This advance is governed by the terms of your Consumer Lending Plan, Open-end Credit Plan, or similar credit contract ('Plan').
IF YOU BELIEVE THAT ANY OF THIS INFORMATION IS INACCURATE, PLEASE CONTACT US IMMEDIATELY. By accepting the proceeds of this loan, you
are agreeing to the terns stated below.
RCENTAGE FINANCE CHARGE: The dollar Amount Financed: The amount of Total of Payments: The amount you
ost of your credit as amount the credit will cost you. credit provided to you or on your will have paid after you have made
be . all payments as scheduled.
.820 %' $4,387.92 10,386.19 $14,774.11
F
cured: If chocked, the Annual Percentage Rate disclosed abov may increase ring its term it the Credit Union's share account rate for the
h (Index) increases. The Annual Percentage Rate will be equal o the share rate plus 2%. The Interest rate can change monthly on the first
h month to reflect any change in the Index. Any increase will lengthen the time it takes to pay off your loan. EXAMPLE: If your loan was
t 6% for 120 months and the rate increased to 7.00% after 3 years, you would have to make 4 additional payments.
Automatic Payment: If checked, the Annual Percentage Rate disclosed above reflects a discount of 0.25°/a because you have agreed to make your
loan payments via automatic payment through payroll deduction. If you terminate the automatic payments or payroll deduction, or fail to maintain
sufficient funds in the account to make the automatic payment, the ANNUAL PERCENTAGE RATE shall increase 0.25% without additional notice to
you. Any increase will lengthen the time it takes to pay off your loan. EXAMPLE: If your loan was $10,000 at 6% for 120 months and the rate increased
to 6.25% after 3 years, you would have to make 2 additional payments.
Your payment schedule will be:
NUMBER OF PAYMENTS UNT OF PAYMENTS WHEN PAYMENTS ARE DUE
59 $ 246,24 First payment due on 00812010. Payments are due on
1 '4476i this day each month.
Security: You are giving a security interest in your shares and deposits in the credit union, as well as the collateral described below. Collateral for other
loans with us will also secure this loan, except for your home and household goods.
Late ; barges: If a payment is received more than 30 days after the due Required Deposit Balance: The Annual Percentage Rate does not take
date, you will be charged 5% of the scheduled payment. Into account your required deposit balance.
Property Insurance: You may obtain property insurance from anyone you want that is acceptable to us. If you do Filing Fee:
not obtain property insurance we will obtain it at your cost. $ 0
Prepayment: If you pay off early, you will not have to pay a penalty. See your contract documents for any additional information about nonpayment,
default, any required repayment in full before the scheduled date, and prepayment
estimate. refunds and penalties.
I; _MILAiION OF
AT{OUNT FINANCED OF $10,386.19
AMOUNT GIVEN TO YOU DIRECTLY $ 0.00
AMOLP:! PAID ON YOUR ACCOUNT $0.00
Pi :, INANCE CHARGE $ 00
C
MOT
Amount Paid to Others on Your Behalf (Describe)
GAP (a portion will be
retained by us)
$0 $
$
c ?rar,ce: Thank you for purchasing optional credit insurance on your Consumer Lending Plan. The Total Estimated Premium for
and is included in the payment schedule disclosed above. We will retain a portion of this amount.
5{ interest. When you signed your Plan, you granted a security interest in the above-described collateral, and your endorsement of
t ?,'.s check and/or your acceptance of the goods purchased and funds advanced now confirm your intent to grant that security
Security Agreement that you entered into when you opened your Plan shall govern the above-described collateral and security
i
V))
f ,Try' ` > t u13 6 2010 COPYRIGHT 2009 securian Finandal Group, Inc. All rights reserved.
BeI6 Community Credit Union
449 Eisenhower Boulevard, Suite 200 Harrisburg Area: (717) 232-3526
Harrisburg, PA 17111-2302 Lancaster Area: (717) 393-1116
Toll Free: (800) 642-4482
CONSUMER LENDING PLAN
--- 4ua veorgetown Rd
PATRICK ELINE Mechanicsburg, PA 17050
869987
DATE OF BIRTH
11/07/1978
DATE OF BIRTH
"You" 'Your' and "Borrower'; means any person who executes the Plan by signing the Loan Application and Agreement to Terms, or any person who endorses a proceeds check or
otherwise accepts, accesses, or uses Plan funds. "We" "us", "our" or'Credit Union"means the Credit Union named above.
How the Plan Works. This Consumer Lending Plan has a variety of subaccounts under which you may take various types of loans (called "advances"). Some
subaccounts may be revolving (e.g., Personal Line of Credit). The credit available under these subaccounts will replenish as you pay down the balances. Other
subaccounts are single-advance subaccounts such as New Auto. These subaccounts will not replenish and will have a set repayment schedule.
Binding Contract. This Consumer Lending Plan, which includes the Credit Agreement, Security Agreement, Truth-in-Lending Statement, and all Advance
Receipts ("Plan"), is a binding legal contract that will govern the terms of all loans that you obtain under the Plan. You only sign once to open the Plan;
thereafter, you may request additional advances without signing any paperwork unless requested by us.
By signing below, you are:
1. Agreeing to repay all loans you take. All loans you take under the Plan must be paid back, even if you don't sign any paperwork at the time of the
loan.
2. Pledging your shares and deposits in the Credit Union. If you default, we may apply the shares and deposits in your accounts to the amount
you owe us. We may also prevent you from withdrawing shares or deposits if you are in default, or, in the case of a share-secured or
deposit-secured loan, if such withdrawal would cause your balance to fall below what you owe. Your pledge and our lien rights do not include any
IRA, Keogh or other account which would lose special tax treatment if pledged. Please see the Security Agreement for complete details.
3. Granting a security interest in all property you purchase or otherwise pledge. If you default on any subaccount under the Plan, we may seize
and sell any property you have purchased or pledged under that subaccount or any other subaccount. Cross-Col lateralization: All other collateral
you have pledged for any other loan with us (except your home and household goods) will also secure this Plan. Release of Lien: We will not
release a lien on any of the collateral you have pledged if you are delinquent or in default on any of your subaccounts. For example: if you are in
default of your line of credit subaccount, we will not release our lien on your vehicle loan, even if the vehicle loan is paid in full. Please see the
Security Agreement for complete details.
Interest Rates and Fees. The rates and fees that apply to your subaccounts are disclosed on the separate Truth-in-Lending Statement and/or Advance
Receipt.
Purchase of Optional Products: If offered, you may apply for optional loan protection products such as credit insurance, debt protection, or Guaranteed
Asset Protection (GAP). These products are voluntary and are not required to obtain a loan from us. The premium or fee for the product(s) will be added to the
outstanding balance and becomes part of your minimum monthly loan payment. We will retain a portion of this fee as compensation for providing this service.
Purchase of optional products may extend the time it takes to pay off your outstanding balance(s). Once you purchase credit insurance or debt protection, all
subaccounts under the Plan will be covered, unless you tell us otherwise.
BORROWER'S ACKNOWLEDGEMENT & SIGNATURES
By signing the Loan Application and Agreement to Terms, you agree to the terms and conditions of the Consumer Lending Plan.
&ht'hl I B, /01
9000 LASER JTP F60646 Rev 6-2010
nnnc 1 of 0
NAME
PATRICK ELINE
869987
CREDIT AGREEMENT
Agreement to Terms and Promise to Pay: By signing the Loan Application
and Agreement to Terms or any advance proceeds check, and/or by
accepting, using, or accessing any proceeds under this Plan, you agree to the
terms and conditions of the Consumer Lending Plan, Credit Agreement,
Security Agreement, Truth-in-Lending Statement, and all Advance Receipts,
or similar document, and any future amendments thereto, and promise to pay
all amounts due.
Endorsement of Proceeds Check: By endorsing an advance proceeds
check, you are agreeing to the terms of the Consumer Lending Plan and
Advance Receipt, and are granting a security interest in the collateral
described in the Advance Receipt. The terms of the advance proceeds check
and the Advance Receipt, including the collateral description, are subject to
the terms of the Plan.
Loan Check Access: We may authorize you to obtain credit advances by
writing loan checks on your revolving line of credit subaccount. We reserve
the right not to honor a loan check in the following circumstances: (a) Your
credit limit has been or would be exceeded by paying the loan check. (b)
Your loan check is post-dated. If a post-dated loan check is paid and as a
result any other check is returned or not paid, we are not responsible. (c)
Your loan checks have been reported lost or stolen. You should notify us at
once if your loan checks are lost or stolen. (d) Your loan check is not signed
by a joint borrower, which means a person who signed this Agreement, or
has signed a separate signature card for the account. (e) Your revolving line
of credit subaccount or Plan has been terminated or suspended as provided
in this Agreement. (f) The amount of your loan check is less than the
minimum amount required by this Agreement or you are in violation of any
other transaction requirement.
If we pay any loan check under these conditions, you must repay us for the
amount of the loan check and any charges permitted by law. The loan check
itself will be evidence of your debt to us together with this Agreement. Our
liability, if any, for wrongful dishonor of a loan check is limited to your actual
damages. Dishonor for any reason as provided in the Agreement is not
wrongful dishonor. We may not return the loan checks along with your
periodic statements; however, your use of a loan check will be reflected on
----your periodic-statement as a credit-advance. -Wednot'cert[Y' loan checks
drawn on your revolving line of credit subaccount.
How to Compute the Interest Charge: The Interest 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 multiplied by the
applicable daily periodic rate to determine the Interest Charge for that day.
The sum of these daily charges is the Interest Charge. The unpaid balance is
the outstanding balance at the close of business after all transactions have
been entered.
Access to Credit Line: You may apply for advances under this Plan in any
manner allowed by us. We may refuse to make any advance.
Late Fees and Other Charges: You agree to pay all fees and charges
imposed under the Plan in the amount(s) disclosed on the Truth-in-Lending
Statement, which fees may increase from time to time. Such fees shall be
added to your outstanding balance and your minimum payment may increase
or your loan term may be extended.
Overdraft Protection: If you request Overdraft Protection, any overdrafts on
your checking account will be added to your line of credit.
Perfection of Security Interest; Increase in Rate; Default: If we are
unable to perfect our lien on the collateral pledged for any advance, or the
value of the collateral deteriorates significantly, that advance may be treated
as an advance under a line of credit for the purpose of determining the
Interest Rate, and the Interest Rate shall increase to the highest line of credit
rate in effect at that time. Your minimum monthly payment shall also increase
accordingly. We may also consider the loan to be in default and can call the
loan immediately due and payable, in which case you must pay the entire
amount due in one lump sum. The loan while in default will bear interest at
the highest rate allowed by law.
Advance Receipts: If you take an advance under this Plan, you will receive
an Advance Receipt or similar document confirming the transaction and
describing any collateral given as security for that advance. The terms of the
Advance Receipt shall be pursuant to and governed by the terms of the
Consumer Lending Plan.
NUMBER
Payments: The minimum monthly payment and due date will be set and
disclosed at the time each advance is made. You may pay the outstanding
balance in full or pay more than the minimum due at any time without penalty.
However, minimum payments are required for each billing cycle as long as
any balance exists.
Skip Payment: If we make a skip payment option available, you may skip
making your payment(s) for certain month(s). If you choose this option,
interest will continue to accrue, but no late payment charges will be imposed
during the skip period. All credit terms applicable immediately prior to the skip
period will again apply once the skip period has expired.
Property Insurance: You are required to carry insurance against any loss by
fire or theft, and collision and comprehensive coverage on motor vehicles
and other property pledged as security on this Plan, with a maximum
deductible as set forth by us. The insurance may be obtained by any insurer
of your choice that is acceptable to us. The insurance coverage must be
maintained in force for as long as the loan is outstanding, and provide for a
loss payable endorsement in favor of us. We must receive the loss payee
endorsement within 30 days of your loan advance date. If you fail to provide
insurance coverage, we may obtain insurance to protect our interest in the
property and the total cost of insurance (the premium and any administrative
costs we incur) will be added to the loan balance. The insurance placed by us
is without benefit to you individually, does not satisfy the State insurance
requirements and is primarily for our protection. Coverage obtained by us
may be considerably more expensive than coverage you could obtain on your
own. If we place this coverage, the total cost of insurance will be paid by you
either on demand, or by increasing your periodic payment, or by extending
the loan term. You assign us the right to receive and endorse any insurance
proceeds check, to apply those proceeds to the sums you owe, and you direct
any insurer to pay those proceeds directly to us. You further authorize us or
our representative to obtain the necessary information for verification of
adequate coverage. We, or our affiliates, may receive compensation or
reimbursement of expenses related to any insurance premiums added by us.
Default: You shall be considered in default if we
,_should, in_good-faith,-believe
that prospect of payment, performance, or our security interest in, or
realization, of the collateral is impaired. You shall also be in default if: (1) you
break any promise made under this Plan; (2) you do not use the loan
proceeds for the purpose stated in your advance request; (3) you die; (4) you
file a petition in bankruptcy, insolvency, or receivership or are put involuntarily
into such proceedings; (5) if the collateral is lost, damaged or destroyed, or if
it is levied against, attached or garnished; (6) you do not make your required
payments on time; (7) anyone is in default of any security agreement given in
connection with the Plan; (8) you commit fraud or make any false or
misleading statements in connection with this Plan; (9) you are in default of
any other loan or security agreement you have with us; (10) you use the Plan
for any illegal purpose or transaction as determined by applicable law. Any
one of the foregoing events shall evidence a reasonable belief that prospect
of payment, performance or realization of the collateral is impaired.
Actions Upon Default: If you default, we may declare all amounts
immediately due and payable, and you must immediately pay us the total
unpaid balance, as well as the Interest Charge to date, any late charges and
all collection costs permitted under law. The balance in default shall bear
interest at the highest rate permitted by applicable law. If your state law
requires a notice of default and an opportunity to cure that default, these
rights will be afforded to you before we exercise our remedies.
Costs of Collection: You shall pay all costs incurred by us in collecting any
amount you owe or in enforcing or protecting our rights. Costs of collection
include, but are not limited to, collection agency fees, repossession fees,
appraisals, environmental site assessments, casualty insurance, and
reasonable attorney's fees for any action taken by an attorney who is not our
salaried employee in order to collect this loan or preserve or protect our rights
and remedies, including, without limitation, pre-suit demands for payment,
pre-suit mediation or settlement negotiations, investigation and assessment
of our rights, participation in bankruptcy cases, matters, and proceedings
(including, without limitation, filing proofs of claim, pursuing reaffirmation
agreements, attending meetings of creditors, and pursuing complaints,
motions, and objections that relate in any way to the credit union's collateral
or right to payment), collateral disposition, non-bankruptcy suits and/or
administrative actions, and appeals.
Ex 6
nano') of R
BORROWER NAME
ACCOUNT NUMBER
PATRICK ELINE 869987
CREDIT AGREEMENT
For Alabama borrowers: attorney's fees after default shall not exceed 15% of
the unpaid debt, or such higher amount as a court may allow. For Georgia
borrowers: attorney's fees shall not exceed 15% of principal and accrued
interest, or such higher amount as a court may allow.
Borrower Responsibility: You must notify us of any change in your name,
address, employment, financial situation or credit standing, and you must
provide us any additional financial information we request. To prevent identity
theft, you may be required to verify any change in your address. You shall not
request an advance if you know or should have known that you cannot pay it
back.
Joint Plans: If this Plan has more than one borrower, each of you is
individually and jointly responsible for paying all amounts owed. We can
enforce our rights against one or all of you. If you give us inconsistent
instructions, we can refuse to follow those instructions or follow the instruction
of our choosing. Unless our written policy requires all of you to sign for an
advance, each of you may obtain advances individually and each agrees to
repay advances made to the other(s). Any notice mailed to one shall be
considered notice mailed to all. Any of you can remove yourself from
responsibility as a co-borrower by notifying us in writing, unless such removal
would violate our policy or regulations. In such a case the Plan may be
terminated. Removing a Borrower or terminating the Plan will not relieve any
of you from joint or several liability for any obligations already incurred.
Termination: This Plan may be terminated (1) upon adverse re-evaluation of
your creditworthiness; (2) If you should fail to meet the terms of the Plan; (3)
at our option, or your option, upon written notice. Termination will not affect
your obligation to pay the balance outstanding prior to termination.
Unlawful Transactions: Your Plan shall not be used to make or facilitate any
illegal transaction(s); and any such use will constitute an event-of default. We
shall not have any liability for any such use by you or any authorized user(s).
You shall indemnify and hold us harmless from any suits, liability, damages or
adverse action of any kind that results directly or indirectly from such illegal
use.
Change in Terms: We may change the terms of this Plan at any time in
accordance with applicable law. Increases in the interest rate will apply to
future advances and, subject to applicable law, unpaid balances.
Severability: In case any provision of this Plan is held invalid, the Plan shall
be enforced as if such provision was never included.
No Waiver: We may waive or delay exercising any of our rights without
losing our ability to exercise those rights in the future.
Governing Law: This Plan shall be construed and enforced according to the
laws of the State in which our headquarters are located.
Final Agreement: This written agreement is a final expression of the
agreement between you and us, and may not be contradicted by evidence of
any oral agreement.
State Notices:
NOTICES TO WISCONSIN BORROWERS: (1) If you are married and are
extended individual credit, Wis. Stat. 766.56(3)(b) requires us to notify your
spouse of the extension of credit. If we receive written notice of termination
from your spouse pursuant to Wis. Stat. Section 766.565(5), we may declare
you in default of the Plan and call the entire extension of credit due and
payable notwithstanding Wis. Stat. Sections 425.103 and 425.105. If the Plan
is called due and payable, you may have certain rights to cure the default.
(2) Additionally, no provision of a marital property agreement, a unilateral
agreement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70
adversely affects our interests unless prior to the time the credit is extended,
we are furnished with a copy of the agreement or statement, or have actual
knowledge of the adverse provision when the obligatio is ir,Lcurred.
NOTICE FOR ARIZONA OWNERS OF PROPERTY: It is unlawful for you to
fail to return a motor vehicle that is subject to a security interest within thirty
days after you have received notice of default. The notice will be mailed to
the address provided on this document unless you have given us a new
address. It is your responsibility to notify us if your address changes. The
maximum penalty for unlawful failure to return a motor vehicle is one year in
prison and/or a fine of $150,000.
NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR
VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE
SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO
SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY
ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE
DIFFERENCE.
NOTICE TO CALIFORNIA RESIDENTS: By signing this Plan, you
specifically agree that we may access the records of the California
Department of Motor Vehicles from time to time to obtain your current
mailing address, and by so agreeing, you are specifically waiving your rights
under sections 1808.21 and 1808.22 of the California Vehicle Code.
For Missouri Residents: Oral agreements or
commitments to loan money, extend credit or to forbear
from enforcing repayment of a debt including promises
to extend or renew such debt are not enforceable. To
protect you (borrower) and us (creditor) from
misunderstanding or disappointment, any agreements
we reach covering such matters are contained in this
writing, which is the complete and exclusive statement
of the agreement between us, except as we may later
agree in writing to modify it.
For Vermont Residents: NOTICE TO CO-BORROWER:
YOUR SIGNATURE ON THIS AGREEMENT MEANS THAT
YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THE
PLAN. IF THE BORROWER DOES NOT PAY, WE HAVE A
LEGAL RIGHT TO COLLECT FROM YOU.
FOR WASHINGTON RESIDENTS ONLY.
WARNING: UNLESS YOU PROVIDE US WITH EVIDENCE
OF THE INSURANCE COVERAGE AS REQUIRED BY
YOUR AGREEMENT, WE MAY PURCHASE INSURANCE
AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS
INSURANCE MAY, BUT NEED NOT, ALSO PROTECT
YOUR INTEREST. IF THE COLLATERAL BECOMES
DAMAGED, THE COVERAGE WE PURCHASE MAY NOT
PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE
AGAINST YOU. YOU MAY LATER CANCEL THIS
COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE
OBTAINED PROPER COVERAGE ELSEWHERE. YOU ARE
RESPONSIBLE FOR THE COST OF ANY INSURANCE
PURCHASED BY US. THE COST OF THIS INSURANCE
MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST
IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE
ON THE UNDERLYING LOAN WILL APPLY TO THIS
ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE
MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED
OR THE DATE YOU FAILED TO PROVIDE PROOF OF
COVERAGE. THE COVERAGE WE PURCHASE MAY BE
CONSIDERABLY MORE EXPENSIVE THAN INSURANCE
YOU CAN OBTAIN ON YOUR OWN AND MAY NOT
SATISFY WASHINGTON'S MANDATORY LIABILITY
INSURANCE LAWS.
page 3 of 8
BORROWER NAME ACCOUNT NUMBER
PATRICK ELINE 869987
BILLING RIGHTS NOTICE
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
(applies to revolving subaccounts only):
This notice tells you about your rights and our responsibilities under
the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at the address(es)
listed on your statement.
In your letter, give us the following information:
1. Your name and account number.
2. The dollar amount of the suspected error.
3. If you think there is an error on your bill, describe what you believe is
wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if
you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if
you do, we are not required to investigate any potential errors and you may
have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we
received your letter. We will also tell you if we have already corrected
the error.
2. Within 90 days of receiving your letter, we must either correct the error
or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as
delinquent on that amount.
The charge in question may remain on your statement, and we may
continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are
responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question
or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the
amount in question, along with applicable interest and fees. We will
send you a statement of the amount you owe and the date payment is
due. We may then report you as delinquent if you do not pay the
amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must
write to us within 10 days telling us that you still refuse to pay. If you do so,
we cannot report you as delinquent without also reporting that you are
questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when
the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50
of the amount you question even if your bill is correct.
Ey,13
SECURITY AGREEMENT
Security Interest; Description of Collateral: By signing the Loan
Application and Agreement to Terms, or a document that specifically
references this Security Agreement, or by signing any advance proceeds
check, and/or by accessing, using, or otherwise accepting any funds,
accounts or services under the Plan, you grant us a security interest in all
goods, property, or other items purchased under this Plan (hereinafter
referred to as "Collateral") either now or in the future, or in any other property
given in connection with the Plan. Any required description of the Collateral
shall appear on the Advance Receipt or similar document. The Collateral
shall secure your advances even though you did not sign anything at the time
of the advance. The security interest includes all increases, substitutions and
additions to the Collateral, proceeds from any insurance on the Collateral and
all earnings received from the Collateral. 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 you buy within 10 days of the Advance or
any extensions, renewals or refinancing of the Advance. If the value of the
Collateral declines, you promise to give us more security if asked to do so.
You also agree to abide by the terms of the Security Agreement and any
Advance Receipt or similar document.
CONSENSUAL PLEDGE of SHARES; Consensual Lien; Statutory
Lien; Right to Set-off; Administrative Freeze: By signing the Loan
Application and Agreement to Terms, and/or by accessing, using, or
otherwise accepting any funds, accounts or services, you grant us, and
we impress, a lien on your shares and deposits in the Credit Union.
We also have similar statutory lien rights in your shares and deposits
under the Federal Credit Union Act and/or applicable state law, as well as
the common law right to set-off and administrative freeze. "Shares,"
"share accounts," "deposits," and "deposit accounts" means any and all
funds, regardless of the source of those funds, in any joint or individual
account held and whether your interest in the account(s) is direct, indirect,
contingent or secondary and whether held now or in the future. Your
pledge and our lien rights do not include any IRA, Keogh or other account
which would lose special tax treatment if pledged, or any irrevocable trust
or fiduciary account in which you do not have vested ownership interest.
IF YOU HAVE A CREDIT CARD WITH US, OUR RIGHTS ALSO APPLY
TO THAT CREDIT CARD ACCOUNT.
If you default, we may apply the funds in your share accounts and deposit
accounts to any obligations you owe us, without any legal process, court
proceeding or any notice to any owner of the affected share and deposit
accounts, unless applicable law so requires. You specifically agree that
we have the right to place an administrative freeze on any of your
share and deposit accounts subject to applicable law, and such action
shall not violate 11 USC 362 or other applicable law. These rights are
multiple and we can exercise one or all of them.
CROSS-COLLATERALIZATION: Property and/or shares and deposits
given as security under this Plan or for any other loan you have with
us will secure any and all advances under this Plan as well as any
account owner's joint or individual obligations to us, now or in the
future, whether direct, indirect, contingent or secondary and arising
from any loan or credit agreement, insufficient fund items; fees; cost,
expenses, reasonable attorney's fees, or otherwise. However, property
securing another debt will not secure advances under this Plan if such
property is your primary residence or are household goods. IF YOU
HAVE A CREDIT CARD WITH US, THIS CROSS-COLLATERALIZATION
CLAUSE ALSO APPLIES TO THAT CREDIT CARD.
Release of Lien: We will not release any lien on any collateral if you are
delinquent on, or in default on, any subaccount under this Plan. For example,
if you are in default of your line of credit subaccount, we will not release our
lien on a vehicle loan, even if the vehicle loan is current or paid in full.
page 4 of 8
BORROWER NAME
ACCOUNT NUMBER
PATRICK ELINE 869987
SECURITY AGREEMENT
No Liability for Dishonor: We shall not have any liability relating to the
dishonor or other return of any check or other item occurring as a result of us
exercising our lien rights or good-faith freezing of your accounts.
Ownership of the Collateral: If you are granting a security interest in
property you already own, you promise that the property is free of all security
interests except that given to us or disclosed prior to the advance. You
promise that you have informed us of any and all co-owners of the Collateral
and/or any other person with an interest in or claim against the property. If
you are using the advance proceeds to buy the property that shall be used as
Collateral, you shall use those advance proceeds for the sole purpose of
buying that Collateral. You shall not sell or lease the Collateral or use it as
security for a loan with another creditor until the advance is repaid. You shall
not allow another security interest or lien to attach to the Collateral either by
your actions or by operation of law.
Protecting the Security Interest: You shall take any steps necessary for us
to perfect our security interest in the Collateral. If asked to do so, you shall
sign a financing statement or similar instrument to perfect our security interest
and/or to protect our security interest from the claims of others.
Attorney-in-Fact: You hereby appoint us as your Attorney-in-Fact to perform
any acts which we feel are necessary to protect the Collateral and our
security interest. You specifically authorize us to endorse on your behalf any
check made payable to both you and us.
Survival of Obligations: This security agreement not only binds you, but
your executors, administrators, heirs and assigns.
Applies to Louisiana residents only:
Louisiana law permits repossession of motor
vehicles upon default without further notice or
judicial process.
If the secured collateral is a motor vehicle and you are in default, we may
seize and sell the motor vehicle without demand for payment or advance
notice to you. We may obtain and use a key or similar device to unlock and
operate the motor vehicle. Collateral other than motor vehicles may be
repossessed without judicial process only as allowed by applicable Louisiana
law.
Use and Maintenance of Collateral: Until the advance has been paid in full,
you agree to (1) use the Collateral carefully and for the purpose it was
intended and keep it in good repair; (2) Obtain our written permission before
making material changes to the Collateral or changing the address where the
Collateral is kept; (3) allow us to inspect the Collateral; (4) Promptly notify us
if the Collateral is damaged, stolen or abused; (5) Not use the Collateral for
any unlawful purpose; (6) pay all taxes, assessments and liens regarding the
Collateral.
Notices: We may meet all requirements for sending you notice of any kind if
we send it to you via United _States _mail,_atyyour- last.given_address, We-may
also meet this requirement by delivering these notices to you electronically if
you have agreed to receive notices by electronic means.
Additional Advances: Any additional advances made by us for the payment
of taxes or assessments or liens of any kind, or premiums on insurance and
the interest owing thereon shall also be secured by this agreement. Such
amounts shall be added to your loan balance and your minimum payment
due shall be increased or your loan term extended accordingly.
Disposition of Collateral: If a default under the Plan occurs, we may
repossess and sell the Collateral in a lawful manner. In such case, you will at
our request assemble the Collateral and make it available to us at a place of
our choosing, or we may enter the premises where the Collateral is kept and
take possession, subject to applicable law. We may also render the Collateral
unusable. If we decide to sell the Collateral at a public sale, private sale, or
otherwise dispose of the Collateral, we will provide reasonable notice if
required by law and will otherwise comply with applicable state law. If we sell
or otherwise dispose of the Collateral we may collect from you reasonable
expenses incurred in the retaking, holding and preparing the Collateral for
and arranging the sale of the Collateral, as well as any deficiency balance as
allowed under applicable law. We may also collect reasonable attorney's fees
and legal expenses, permitted by applicable law, incurred in connection with
disposition of the Collateral. We have certain rights and legal remedies
available under the Uniform Commercial Code and other applicable laws, and
we may use these rights to enforce payment if you default.
For purposes of foreclosure under Louisiana executory process, you hereby
confess judgment in our favor for all amounts secured by the Plan,
including, but not limited to, principal, interest, late charges, costs of
collection, costs of preservation of the collateral, reasonable attorney's fees,
and all other amounts advanced under the Plan. We may appoint a keeper of
the property in the event of foreclosure. To the extent allowed under
Louisiana law, you hereby waive the following rights and procedures under
Louisiana law: (a) all rights and benefit of appraisal; (b) notice of seizure; (c)
the 3-day delay afforded under Articles 2331 and 2722; and (d) all other
provisions under Articles 2331, 2722 and 2723 and all other Articles not
specifically mentioned herein.
9000 6-2010
E_?'s
Page 5 of 8
BORROWER'S NAME _
ACCOUNT NUMBER
PATRICK ELINE 869987
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 DISABILITY INSURANCE
GROUP POLICY NUMBER :1NURANCE MAXIMUM GROUP POLICY NUMBER MAXIMUM MONTHLY DISABILITY BENEFIT MAXIMUM LOAN REPAYMENT PERIOD
33029-G-500 000 33030-G-500 NA NA
MAXIMUM LOAN REPAYMENT PERIOD MAX. AGGREGATE DISABILITY BENEFIT WAITING PERIOD RETROACTIVE BENEFIT
NA NA 14 Days 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 satisfied 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.
LIFE 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 benefit 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.
- -- -
WWI
With respect to life insur, e ff exc $1,0 VE1 r one sion; as to each advance
on your loan, we wil not ha v e if ti s r the a of the advance and is
caused by a pre-existing a el
A pre-existing medical co a received medical advice,
consultation, diagnosis or sician i eper Is there a suicide exclusion? the d
ate of the advance.
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
YOUR CERTIFICATE CONTAINS PRE-EXISTING CONDITION EXCLUSIONS. WITH RESPECT TO LIFE IN URAII:
III,, 1?31?i ii E
RESPECT TO AN ADVANCE IF TOTAL DISABILITY COMMENCES WITH N 6EMONT SAAFTNOT BE ER THEPDATE OFVTHE
ADVANCE AND RESULTS FROM A PRE-EXISTING CONDITION. REFER TO YOUR CERTIFICATE FOR FURTHER
DETAILS.
IN NO EVENT IS LIFE INSURANCE COVERAGE TO REMAIN IN FORCE BEYOND THE DATE AGE 70 IS ATTAINED. IN
NO EVENT IS DISABILITY INSURANCE COVERAGE TO REMAIN IN FORCE BEYOND THE DATE AGE 66 IS ATTAINED.
MHC-98-0567.37 B ? Certificate continued on pages 7 & 8.
9000 USER JTP F60646 Rev 6-2010
page 6 of 8 COPYRIGHT 9nnq cz- ;- r,....,,.;-, .., .-.
BORROWER'S NAME
ACCOUNT NUMBER
PATRICK ELINE 869987
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.
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 late 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 benefits 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 benefit is effective, we will pay the monthly disability benefit at the end of each month of continuous total disability
from the date total disability commences but benefits 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 perform
the duties of your regular occupation. Thereafter, 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 benefit 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 recurrent 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- ynu__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 disability.
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; a pre-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 with 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 your 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. E/ IS
page 7 of 8
BORROWER'S NAME
ACCOUNT NUMBER
PATRICK ELINE
869987
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 multiplying 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
(6) the group policy terminates provided you receive 30 days written notice; or
(7) you die. If joint life insurance is in force, your insurance terminates on both you and your co-debtor on the date either
you or your 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 charged 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 66 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
and no benefits 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_yQUr-certificate-T-__ -- - -
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.
& CS
Page 8 of 8
VERIFICATION
p-C?ec? Klee states subject to the
penalties of 18 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.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
ICE
OF ONEPROTIJO C rl?
2 1I 1AR 30 PM 3: 24
CUMBERLAND COUNTY
PENNSYLVANIA
BELCO Community Credit Union
VS. Case Number
Patrick M. Eline 2011-3090
SHERIFF'S RETURN OF SERVICE
03/28/2011 07:53 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March
28, 2011 at 1953 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Patrick M. Eline, by making known unto himself personally, at 811 W. Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $38.44
March 29, 2011
UTSHA L, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
I
S SHERIFF'S OFFICE OF CUMBERLAN.11COUNTY
Ronny R Anderson
Sheriff FILED-OFFICE
? Jody S Smith OF THE PROTHONOTARY
Chief Deputy 2011 JUL -1 PM 2: 13
Richard W Stewart
Solicitor CUMBERLAND COUNTY
PENNSYLVANIA
BELCO Community 6edit Union Case Number
vs.
Patrick M. Eline (et I.) 2011-3090
SHERIFF'S RETURN OF SERVICE
05/20/2011 04:21 P - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 19
2011 at 621 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Patrick M. Eline, by making known unto Patrick M. Eline, at 811 W Trindle Road, Mechanicsburg,
Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the
said tru and correct copy of the same. Upon serving the writ of execution, a levy was completed.
Postcard and copy of levy mailed to attorney and letter mailed to defendant on 05-25-11.
06/08/2011 On 6/8/11 at 10:54 A.M. hours, a property claim was filed by Lynnaya Seely. All parties notified by mail thi:
date.
06/27/2011 No objections filed in Prothonotary or Sheriffs Office by close of business June 27, 2011. Refunded
$25.00 t Claimant.
06/30/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, per request from plaintiff's attorney.
SHERIFF COST: $72.131
June 30, 2011
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
>
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