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HomeMy WebLinkAbout11-4844T!i? CJ1 V :`i ?V P!14 r) i nNk '1.?t y?; t'aI iiii L. 1: : BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PASCUAL MARTINEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r,o.I l- JI1/1 I NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). other rights important to you. 30554061 You may lose money or property or ya1- 9; G et# yA 7I( 6- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 800.999.9108 30554061 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. PASCUAL MARTINEZ, No. Defendant AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despuds de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. 30554061 USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGON HONORARIO. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 800.999.9108 30554061 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PASCUAL MARTINEZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. _ Defendant COMPLAINT Plaintiff, Pennsylvania State Employees Credit Union ("PSECU"), is a Pennsylvania financial institution having an office at One Credit Union Place, Harrisburg, Pennsylvania 17110. 2. Defendant, Pascual Martinez, is an adult individual with a last known address of 789 Lee Lane, Enola, Pennsylvania 17025-1503. 3. On or about May 9, 2006, Defendant entered into a PSECU Loanliner Advance Proceeds Voucher and Security Agreement and Loanliner Credit and Security Agreement and Loanliner Addendum (the "Agreement ") with Plaintiff for the purchase of a 2002 Ford Escape 30554061 SW, VIN #1FMYU04192KA50411 ("Vehicle"). A true and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Plaintiff's perfected security interest in the Vehicle is evidenced by a Commonwealth of Pennsylvania Certificate of Title (the "Title"), a true and correct copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. 5. Defendant defaulted under the Agreement by failing to pay the monthly payments when due and is currently due for the months of October 8, 2009 and thereafter. 6. Based on Defendant's default, Plaintiff repossessed the Vehicle on or about February 24, 2009. 7. By letter dated February 24, 2009, Plaintiff provided Defendant with Notice of Repossession and Right to Redeem (the "Notice"), a true and correct copy of which is attached hereto as Exhibit "C" and incorporated herein by reference. 8. Defendant remains liable to Plaintiff under the Agreement as follows: Principal $8,093.00 Collection/Attorneys' Fees 980.60 TOTAL $9,073.60 plus costs of suit. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant the name and address of the original creditor if different from the above. 30554061 2 WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union demands judgment in its favor and against Defendant, Pascual Martinez, in the amount of $9,073.60, and costs of suit. BARLEY SNYEYS>Y LLC By: Shawn M. Long, Esqu' e Court I.D. 83774 126 East King Stre Lancaster, PA 17 2-2893 717.299.5201 Attorneys for P intiff 30554061 VERIFICATION Pennsylvania State Employees Credit Union v. Pascual Martinez I, Gregory R. Diffenderfer, being duly affirmed according to law, depose and say that I am the Collection Manager for Pennsylvania State Employees Credit Union; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: IZ b ZD l.( Gregory R. Diffenderfer 30554061 EXHIBIT "A" t' r _ ADVANCE PROCEEDS VOUCHER AND SECURITY AGREEMENT Pennsylvania State Employees Credit Union PSECO P. O. Box 67013 Harrisburg, PA 17106-7013 (717) 234-8484 the financial link,,, (800) 237-7328 MEMHER NAME ': ', °; PASCUAL MARTINEZ 2704 GREEN STREET "` D¢i 5/9/2006 MEMt?ER AgCO?JNT NUMeR , :. ,` 63/L10 r.. NOT,NUMBER - , 0005339100 APT B HARRISBURG, PA 17104-2237 PLIHPOSE: Dealer Pur - `- chase TRANSACTION YPE . ? EW LOAN 2. [] -END DVANCE LOAN A 3 OTHER (DESCRIBE) . a HOME EQUITY ADVANCE DCUPIA b1UFUALGROUP,1980.82, 84, 88, 89, 98.99.2W0.01. G4. ALL RIRIIT3 NFSFRVFn - -••? • ?•?• •?• _ = n??.,r cca Lneul I UNION ruHM #3175 JVXX0100•t 037-2092-1 (4104) M -, °---? - r-...... vj wr -111W U V IUIIUJ HUVaftcea Etna aeposltea into your share/share draft account, you agree (1) that the property referenced above will secure the advance and any other advances you have now or receive In the future under the LOANLINER° Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or in the future in accordance with the terms of the Plan and (2) to make payments as disclosed above in accordance with the terms of the Plan. _5 5iq Pennsylvania ?Stafe Employees'rCredit Union PO Box 67013 a Hmntbwg, eA 17106.7013 - (717) 7348464 or (600) 737-7326 No 5339100 - AUTODRAFT. VOID OVER 17,065,:00','., REFERENCE .l 8720438863',-VOID 120 DAYS AFTER 05102106 PAY TO E ORDER OF ' 1DEALER) L (N?/L.I ? C,gvF/? $ { 9, ?y ORDER OF ' •. - L-rl i? *v f ?T??-O -v? 1 K i `t' "r'? ?? /?t'y,' /?'°,J?? re DOLLARS IMPORTANT: VOID UNLESS DEALER ENDORSEMENT COMPLETED, Burry s Ord r JEW of Sale 1New and Used VeNdesl and factoryinvoice thew Vah;clisl mun be received beiw; the AutaDratt la lecelved 6y PSECU or the AvroDrast wnl bey . retwned. No portion of the pmaeedi of ux Awonratt'shall bs paid tc Irv Borrowerlsl or to any agent of the Borrowedd. This AdloDraft shall not bs wad to purchase ' ncanstnrctad. cortvr .iA rlesaiq th.ftt adveged, or flood tided vehtdes or vetddes tided ovlsido the Urvtod Sales. By -p1ing the procceds of this deli, you agree to - the terms Imid on the reversa ad Ir PSECU FAR/ 717.707.6364 '• VVr! ? rn? I Y?-K sto 1 MEW ? USED X eCAn MAKE Z - cta?l r? . D1 - MOO EE : M EACE [Xµ{??rpNl ?. I DMER MOVE NUM°ER • oo ?0?1 t 7r?-Z3a -•S' MEMBER ENDORSEMENT-.r f•?,•?,. By endorsm? k.'Aut.6' if ; I[We agree to, the terms listed on the reverse s da . y• ?'ol thridraft/CcmplaU th° following npayrrN nt intom>•tion: i '(',r' TERM: C7r M. thod Q Aw. Tnmsfsr E3Pawro11 D•du.d_ %AMontNy Ca pms _ IKtonthsl Fragrancy: Ipmonlhly ?N-WaeAly 0Semi40o Uly Member Endorsement PASCUAL Co-Applicant Endorsement NO CO-APPLICANT u°S3 3 9 100,10 • is 231313 11161: 310974 264911' L.I. • rl'000 1 706 500a1' 5 ail Y o 3 m m i„cn m et z < ^ 3 m °?m a C r7no P -k ?"t7n?1lo ?m E " y u "^gyoRgogqJ o^ m cm o 3 -t -71- sr?Ygo?-g^ g: o<?-°Emmoo ?t" 3g £Yfiko#QO n c-39TH;. -16 om .iLC?LL7 0519906 609 13 t"o R-1kii-fi la r" yG3m-Z-1 te r. Lp-A-- 'i:.- p si b- ' ?-• ?j ?o .. D m •.-t ; , 7i' 43eo -N to n Pi a g¢ 91 j Om x3: r.k °? to 1°ni x m 0. R +?gon o5 -S m -.4" sCnS'rZl err ; 5 ] _ •r, ?x„a? oqS 'Yggg Cl'i_?SoIt o X37 0 of g6 ? °,pyo °° w1 o bgall M TM FUL MI NK :03134 f4?2( a o O " 3 Be " s ` ril 0z ---- - - -- GS-ZE-fd-797957}7& - "k.H-I'; 2.?._120- m 39'?o7fiE`?fig Ssa?q?6?i Zzm ,i,?? , ?ID t the unar 1is t0A'rLPIER Cfcidit ant Sccunty Agmemont, r:hicIh Ind, les the Bull) n t n i g D ) uie II be rerr.recJ to as the Plan.The Plan (locur ,file udc hi; trli( urx;n and in r!(1;-ndum You, your an-I borrower n can my ho, t, e ?1 mil Credit union we, our a;)d us mean I'ol_CtJ or;lily wo to a.h,m tl? Cr al t t nicm inin f(.rs its gh? -, under the Plan. HOW THIN PLAN WORI(S -- this is an open-end, multi feature(I r:re(ht plan vlo cintv.,pate _r, at, fron time to time, ynu %vill bnnow money fciilled "advances"1 undor the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. lhn Addonrluin rlesniihos tho different types of credit (called "subacceUnts") available Wider the Plan, the current interest r'ade for each subaccount expressed as a daily periodic rate and correspondinrj annum percentage rate and other charges. It may also havo other terms and it schedule for determining the payment amounts. CREDIT LIMIT - We may, but do not have to, estiihIish a crodit limit on certain subaccount s. If a credit limit is set for a subaccount, you prornise not to exceed the established credit lirnit. If YOU exceed the credit limit, you prornise to repay immediately the amount which exceeds the credit limit. REPAYMENT - You promise to repay all amounts you owe under the Plan plu interest. Payments are due on the last (Jay of the month unless we set a different clay at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the firne of each advance. Payments must include any amount past clue and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint sharedraft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the sharedraft account. Unless otherwise required by law, payrnents will be applied to amounts owed under the Plan, in the manner the; Credit Union chooses. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in willing, u'i tfie loss, iiieft, or poSsiblc unauthorized use. If you believe your ATM/Debit card has been lost or Stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain unauthorized advances directly from the Plan, your liability will not exceed $50. If the unauthorizod withdrawal is from a sharedraft account, your liability is governed by the Regulation E disclosures you received at the time you received) your ATM/Debit card, even if the withdrawal rasults in in advance being made from your overdraft subaccount. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a "finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. SECURITY -You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. The following paragraph applies in all states except in Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term "Federal Credit Union") For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as 'Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans you have with us may also secure the Plan. C CUNA MUTUAL GRJUP 1930.2006.ALL PFiHT5 EQER','EG f -je ??4' t?,?, ) I:.-.I < G(?r 67013 0 Harrisr ?rg. Fa 17106-.'01.3 0 (I17) 224 t34f3=i H:rrrr;hur y. (' %O) ?,3 i3_dl , , r. „Jch C L Dare Disclosures, ----- CREDIT INSURANCE - Credit r c'c (,ra,Jit d strbil;y ;1) tirance i; nptirrnal under the Plan. If yon quality for nil Irnrc'h i I' :. ?s??n3nce from us, yon oull-iinn/.o I us to add tho insurance ffe lams mr:ntl,!y fo jr rroan I)alance, and ch:ucfe ynu intECa?t on tlic ontie halance. It ,nu c,lcct cr Jl m uianpe yo.rr poyjt of imry ncrease or the period of limo nerc ?iy to rr p,ry ycic r nrlvrnce may hr) cr d H incur rn, e r<<t?;., nmy ??hn 1 r li ,i'?n;J ' ill r,1 If thr? n'r provide my notice, required by apt r ,tl,lr, h w PERIODIC STATEMENT-On it r(rjilkn h,ir ; you ,Al wceive n t?tatr,mi;nf shoving ? all transactions under the Plar during lho, pciiod covered try the ;latemont. Statements and notices will be SEnt to you at the most recent ndclress you have given us in writing, Unless applicable law requires notice to each joint borrrnnror, notice to any one of you will be notice to rill. JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly responsible for paying all arnuunls owed Th(rt means we can enforce our righls under the Plan against any one of you individually or against all of you together. If you give us inconsistent instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for in advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances niado to ill(,, other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. FEES AND CHARGES - If you give Us a security interest in certain types of property, we may charge you a filing fee to perfect our interest in the property. If we do, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. UPDATING CREDIT INFORMATION -- You prornise that you will promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request, you also agree to provide us updated financial information. DEFAULT -- The following paragraph applies to borrowers in Idaho, Kansas, Mninn nnrl South Carolina: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers in Wisconsin: You will be in default if you fail to make a payment when due two times during any 12 month period. You will be in default if breaking any promise made under the Plan materially impairs your ability to repay what you owe or materially impairs the condition, value, or protection of or our right in any property you gave as security. The following paragraph applies only to borrowers in Iowa: You will be in default if you are more than 10 days late in making a payment. You will also be in default if you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all other states: You will be in default if you do not make a payment Of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statements in any credit application or update of credit information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will be in default if any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or our security interest in it. You will also be in default under the Plan if you are in default under any other loan agreement with Us. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, South Carolina and West Virginia: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in all other states except Wisconsin and Louisiana: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraphs apply to borrowers in all states except Wisconsin and Louisiana: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect or, if applicable, _, _.--- CPsr,101 P SECU FORM 3116 JBXX0001-2037-2092-1 (3:06) LOANLINER° Credit and Security Credit Agreement (continued) at the default rate disclosed on the Addendum. If a demand for immediate payment has neon mane, m_ir shares and/or deposits can be applied towards what you owe as provided in the section above called 'Security' We can also exercise any other rights given by 12w when you are in default. You agree the Credit Union has the right to take possession of any property given as security under the Plan, without judicial process, if this can be done without breach of the peace If we ask, you promise to deliver the property at a time and place we choose. If the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to unlock and operate it, when you are in default. We will not be responsible for any other property, not covered by this Agreement, that you leave inside the property or that is attached to the property. We will try to return that property to you or make it available for you to claim. After we have possession of the property, we can sell it and apply the money to any amounts you owe u5.'Alo ,.ill give you notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. You must pay any amount that remains unpaid after the sale money has been applied to any unpaid balance under the Plan. You agree to pay interest on that amount at the same rate as the advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of property given as security. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses incurred in disposing of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains unpaid after the sale money has been applied to what you owe under the Plan. You agree to pay interest on any unpaid amount at the same rate as the advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount is paid. If the property is located outside Wisconsin at the time of default, we may take possession of the property without judicial process, if permitted by the state where the property is located. The following paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid .....+....h., oi.,., vo ,•,nivn nnv right you have to demand for navment nntira _ -- - . , of intent to accelerate and notice of acceleration. If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum, If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers In Illinois: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraph applies only to borrowers In Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. If we change the terms of the Plan, you agree that this Plan will continue to protect us. CONTINUED EFFECTIVENESS - If any part of this Pian is determined by a court to be unenforceable, the rest will remain in effect NOTICE TO UTAH BORROWERS - This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement The following is required by Vermont law - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE.LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragraphs apply if you give security in connection with an advance under the PIan.They apply to borrowers in a!I states except Louisiana. Louisiana borrowers will execute a separate security agreement. Borrowers in other states may also be asked to execute a separate security agreement. THE SECURITY FOR THE PLAN - You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an advance ("the Advance'). The security interest you give 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. It also includes any money you receive from selling the property or from insurance you have on the property. If the value of the property declines, you promise to give us more property as security if asked to do so. WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS -The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and any extensions, renewals or refinancings of the Advance. It also secures any other advances you have now or receive in the future under the Plan and any.other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY - You promise that you own all property you give as security or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the Adva.n.r_.a is renaid. You promise you will allow no other security interest or lien to attach to the property either by your actions or by operation of law. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insuranc6 and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the properly or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to an advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. INSURANCE NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The premium for this insurance may be higher because the insurance company may have given us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property, to the extent permitted by applicable law. LOANLINER' Credit and Security Credit Agreement (continued) USE OF PROPERTY - Until the Advance has been paid oaf, you promise you will: (1) lJse the property carefully and keep it in hood repair (2)Obtain our written permission before making major changes to the property or changing the address where the property is kept (3) Inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. ;6) Not use the property for any unla.vful purpose (7) Not to retitle property in another state without telling us. NOTICE TO NORTH DAKOTA 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 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 you gave us. It is your responsibility to notify us if your address changes. The maximum This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. You are advised to read your monthly statement and review it for any error discrepancies or unauthorized transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. You are required to notify us in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transactions on your account. Failure to notify us may result in your acceptance of any responsibility for payment or reimbursement to us for any such error or discrepancy on your account. Write to us as soon as possible. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. __ .`._. _ --•~c -- l -- pirfl nn-rd . n, ar;ta„ntlc ally from u, share account or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. In this Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement. Card means the Visa Credit Card and any duplicates and renewals we issue. Account means your Visa Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. RESPONSIBILITY— If we issue you-e eard,-you agree to-repay efl-debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions if you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After hours call (800) 556-5678. 3. LIABILITY FOR UNAUTHORIZED USE -You agree to notify us immediately, orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in the handling of your Card. In any case, your liability will not exceed $50. 4. CREDIT LINE - if we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit penalty for unlawful failure to return a motor vehicle is one year in prison and!or a fine of $150,000. va, those members who purchase a vehicle u^dl°r the DRIVe Program, please review the following FTC Notice: NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY T HE DEBTOR HEREUNDER. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Line only by written application to us, which must be approved by our credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and terminate this Agreement. Good cause includes your failure to comply with this Agreement or any other agreement with us,_Qr our adverse reevgluatiQn...of yQur.creditworthiness. You may-also. terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. 5. CREDIT INFORMATION -You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. If your monthly payment exceeds the total credit line balance owed, we will automatically post the credit to your S1 shares. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total New Balance exceeds your Credit Line, you must immediately pay the excess upon our demand. We will apply payments in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Visa' Credit Card Agreement and Truth In Lending Disclosure (continued) 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the, New Ralance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advarces are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE aS dISCIoSed uri the Adderiduni. Balance Computation Method Average Daily Balance for Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for cash each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your . :.,I :_ y, :.. account on that ca , o, in any p. ..v, us ?. -. .+.., ..,. Th;c ^ CJ c thn n^IL. Balance for Cash Advance Transactions. Note: Cash Advances are always subject to finance charges and from the day they are posted to your account. Payments are applied in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Credits are applied first to the particular type of debt which is being credited, if any, and then to the balance of your account. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, we will not apply the Monthly Periodic Rate to your Account on your next statement. 8. DEFAULT-You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to transfer funds sufficient to make the minimum payment due if your Visa loan is in default. You will also be in default if your ability to repay us is materially reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or if the value of our security interest materially declines. We have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are two alternative procedures to be followed. One is for you to present the card to a participating Visa plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the Visa system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot 1' be returned with the statement. You viill retain a copy of such slips furnished at the time of the transaction in order to verify the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - If yo c!ect to _..,^draft to y, PSFCt! Visa Credit Card, that election is subject to the existing credit mit and the agreement it represents and the current loan policy at the time of the overdraft. You also understand that an overdraft will be considered the same as a cash advance on your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your Visa line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your S1 Shares within 75 days. If the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or a government-mandated rate in effect for the applicable central processing date. In each instance, an adjustment may be assessed based on the ISA fee imposed by Visa. This fee, which totals 1 % of the transaction amount, will be assessed on all transactions where the merchant country differs from the country of the card issuer. 13. SPECIAL RULES FOR VISA PURCHASES - If you disagree or find an error with a Visa transaction, and have tried in good faith to correct the problem with the merchant or the charges are the result of unauthorized or fraudulent use, or your purchase cost more than $50 and was made from a plan merchant in your state within 100 miles of your home, contact PSECU. 14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transaction on your account. Telephoning PSECU does not preserve your dispute rights. You may be required to provide us with documentation to support your dispute claims. In addition, you may be required to complete a standard dispute form outlining the details of your dispute. In cases of fraudulent card use, PSECU will also require a notarized affidavit. In some cases we may ask you to notify the local authorities. If we do not receive the proper requested documentation in the time specified you may be held responsible for the transaction(s) in question. PSECU must adhere to strict dispute timeframes set forth by Visa. 15. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, if you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. 16. EFFECT OF AGREEMENT This Agreement is the contract which applies to all transactions on your account even though the sales, cash advance, credit or other slips you sign or receive may contain different terms. We may amend the Agreement from time to time by sending you the advance written notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To the extent the law permits, and we indicate in our notice, amendments will apply to your existing account balance as well as to future transactions. 17. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the first day of the month following your due date, you will be subject to a $20 charge. 18. RUSH FEES - You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 19. OVER LIMIT FEE -A $20 fee will be applied for each monthly statement closing date on which the outstanding balance exceeds the assigned credit limit by more than $100. 20. DRAFT COPIES - You may incur an additional charge for transaction summary/sale draft documentation. 21. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement. 22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. 23. NO USE - Inactive Visa accounts that have no purchase or cash activity may be closed without notice to you after 18 months of no activity. 24. 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O 0 m T "' C CD O O _a a m `D m Z 0- Cr 3- (D (DD c 3 m ?i; m £' () o o= m o m s m p a m p E. a N co N :1. -ca CD= () CD mm a m c o on m Q m-? n° a n m£ D. 3 °. o ?• 7 0 0 3 (l m -0 0 _0 7 N N CQ L C, :E co g ID C (D Q n ° SO F" o= s £ _ o 0 0£ f. ? 5- to no D, CD °- s n' m° m f c-° f n-0 -<o c -p (D, ?_ 7 m m p- m m= o_ O ( D N N 7- D= a 3 C n m 0 0 _n == N m? 0 -_«, ? a. -0 3 n < to o ?. "O m 0 ° Q 7 fT <(D _. C O C (/t 0 O? CD Co C, ^ c 'a m n 7 0 m m ? ?_ 6- > O a ?' K N Q m O_ Q 7 m O - m o=3 `m ° D m ° a o Q. U- (D H m ?. c° n° m m c m Q m C o c o m s o°?° Co a 2 c < 3 a y m m o- m m 2 m m n _' O, 0 3 o f? !`n O(D T n N ? Q. S 7C O_'0 O T ?- ® N O c fl 0 7 o m 7 0 £ m 7 C0 m £ o m T m co - m C 3 C c 0 j- ?^ m 3 U < s c 3 c D c 2 T (p 7 m c m< o o- 0 0 a s m m 3 s n `= o O m m _c-+ D p 0_ OTC n 'D CD CD 0 7 F x D o -0 o m m m 7 - 0 m ='D p n 0 0 0 0 !1 (p 03 N T 0 -0 s m D ?. O fn ;;0 m (D -- - (nD O -? (0(D m u ti a T m o ? n N N rn m< o 0 0 0. v V o a 3. m o° o< m to 0 =1 c:3L Q_ O S 5' (D .. ? N (QQ 0 CD I O ? ; Q N (D 'E ? 7 T O CL 0 ° T Q S (n O m- N Q (Q O m- .. ?. U 7 N p m o W c m n In' O o n m (o H O ?_ T o c Q. m 0 o m m m a m O£ p 7 x` Q- m W (D ®° (D umi fD O N j 0 U T 0' 3 N y m n (? O O x (np .n ° O. OL m o O°°° o 3. o m s Q ° m o 0 3. S? Q m Q £ - ° c n Q S< O Y O M S T O U n o n ll 0 7 f n= 3 D o m o m- 3 7 s Q £ o n T c o o' o< 3 c: H n ?. T C fp 7 h CO 7 c, N T a C M m c T° m? N ?' (D m 0 0 (D 3 D :G d am- CQ A O Q_ 0 m Q 3 o y m m (<D T (D O n 7 < o_ o v 3 o o Q o ?° O m' CL CL m° n ?. o C o 0 ?. o m a Y Q c° m c Q c ?. m' ;o (l m o 3 'n' a m m 3 Q '< ° <n 3 s `^ m a o 0 C 3 0 -. o v (D m £ a m, f () ? D c ? n ? m 0 f c 0 c°O_ -°. c o ZL c O 7 0 0 ? 3 ' (D _ O «3 n 3 n o s0 D 3 m m c m m c m? (a o 3 S 3 n l? m O o s? m a < o c c < o' a o n 3 3 co a 0 ?. ?. O p m-. m' o m (c 7 x, c o (c n V n' s O 0?` o CD 0 7> -v o o? m o n ° ° °< £ 3'o ?° 3 H ? a c m m H nm 3 0 < 7 c - (n c m j> >' o 3 0 o co n£ £ a n o 0 3 n 0 a c 0 o ° n 0 0 A. o m M. 3_ o u o_ £ o= m °< m= w= p c c c 3 m c £ rn O n7 m rn m d H m O n O ?< N O - -O (J1 C m 7 Q N O a '0 cD a' O N Q - M O o 3 m c O o m m T? o c m° G 3 m o 0 0 o c o n. 0 Q m G_ o H N `D a O m m . j m n 0 O -°c m e O T S 7 Q 0 3 0 D_ 7 O° m o ° 7 o m T n n -< 0 3 o_ o o` CD m e ti 0 A o' z 0 n c 0 3 EXHIBIT "B" l,C l??l .?f ,.? CERTIFICATE OF TITLE FOR A VEHICLE 568 090559999006584-001 1FMYU04192KA50411 VEHICLE tDENTRCATION NU11RER SW ? BODY TYPE DUE SEAT CAP 10/03/01 5/111/06 DATE PA TITLED DATE OF ISSUE 2002 FORD 56657268203 MA YEAR MAKE OF VEHICI E TITLE N0,MBER 5/10/061 1147969 ? PRIOR TITLE STATE CDON PROCD. DATE ODOM. MILES ODOM. STATUS UNLADEN WEIGHT GVWR GCVJR TITLE BRANDS REGISTERED OWNER(S) PASCUAL MARTINEZ ---- 769 LEE LN ENOLA PA 17025 FIRST LIEN FAVOR OF: PSECU FIRST LIEN RELEASED _ k DATE 01 BY_ AUTHORIZED REPRESENTATIVE MAILING ADDRESS SECOND LIEN FAVOR OF: ODOhIEI'ER STATUS 0 = ACTUAL MILEAGE 1 MILEAGE EXCEEDS THE MECHANICAL LIrAlT6 2 NOT THE ACTUAL L11LEAGE 3 = NOT THE ACTUAL IAILE.AGE-ODOMETER TAMPERING VERIFIED 4 = EXEMPT FROM ODOMETER DISCLOSURE TITLE BRANDS A = ANTIQUE VEHICLE C = CLASSIC VEHICLE D . COLLECTIBLE VEHICLE F = OUT OF COUNTRY G =. ORIGINALLY MFGD. FOR NON-U. S., DISTRIBUTION it = AGRICULTURAL VEHICLE L = LOGGING VEHICLE P = &WAS A POLICE VEHICLE R = RECONSTRUCTED S = STREET ROD T = RECOVERED IHEFT VEHICLE.; V . VEHICLE CONTAINS REISSUED VIN W = FLOOD VEHICLE X = ISANAS A TAXI - If ? second lienholder Is listed upon satisfaction of thn first fen, the Ilonholder must forward this Title to the Bureau of MotorVOhi;aas will appropriate form and fee. SECOND LIEN RELEASE[', DATE BY AUTHORIZED REPRESENTATIVE PSECU P 0 BOX 67013 HARRISBURG PA 17106 I certify as of the date of issue, the official records of the Pennsylvania Department of Transportation reflect that the person(s) or company named herein is the lawful owner a • of the said vehicle. SUBSCRIBED AND SWORN TO BEFORE ME: r -ph Q CI 00 ? ` W t l The w:da: ene 1-eby -kes applic 1- for Cenili-l of Till, to me .ehv,Ie tlxscnbe ? //-?? CO ii stiN Ct to the enCUmv;.nces arb ctner Iega! claims Set 1-1 here. O SIGNATURE OF APPLICANT OR AUTHORIZED S[0!1=n / lJ ! ! SIGNATOFE OF CO APPUCANT.!-LE OF AUT--ZF:F.' Si,,%ER ALLEN D BIEHLER Secretary of Transportation If a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With Right of Survivorship" (On death of one owner, title goes to surviving owner,) CHECK HERE O. Otherwise, the title will be issued as "Tenants in Common" (On death of one owner, interest of deceased owner goes to his/her heirs or estate) 1 IF NO LIEN, CHECK ? IS THIS AN ELT? (IF YES, FIN REQUIRED) YES D NICE] 1ST LIENHOLDER FINANCIAL INSTITUTION NUMBER: 1ST LIENHOLDER NAME STREET CITY STATE ZIP IF NO 2ND LIEN, CHECK ? IS THIS AN ELT? (IF YES, FIN REQUIRED) YES ? NO? ! 2ND LIENHOLDER FINANCIAL INSTITUTON NUMBER' 1 2ND LIENHOLDER NAME I STREET CIT'/ STATE ZIP (TYPE OR PRINT) Cemfica Fit :c must be submi( cd within 20 days a JOSS file purch, s a registered dealer holrfing the vehicle for resale Ftul_RAL AND STATE LAWS REQUIRE THAT YOU STATE THE t.11LF/ GE IFi CV JfJECTION V ITH TF F f t FE=R OF 04'JFJERSHIP FAILURE WARNING - TO COMPLETE OR PROVIDING A FALSE STAT EbIENT MAY RESULT IN FINES OR IN'PP.ISONMENT :? MIDDLE NAC.IE A. ASSIGNMENT OF TITLE F --- LAST - -- - t .;1 [ IPR('HASER On F'.,LL .c ,.?r..,. I iI E Lest a' r".pc r knee: cote Inert ire cden-eter reading is - F' TJESS HAKE rr'E I P CG PUC"AS?R i _ X miles and fa!:'EC,':: ire actual moe3ge cf mr, vehicie. IRE I t- F?- NOT the actual miie'?E sc f r r^ cJ r cal I ra L WARNING G omelet d crerancy ,r . and that the ov:ners - - _ --- -- - --- r -.e c t t n.e pride s tea t ei cu• L3tr n is h rec./ Z P P„a ? -E a,cE 1 ?ire,iiUe es?uslrih dearer ste i. S,a? of, l SUBSCRIBED AND SWORN j -- - --_ -_-- _-- TO BEFORE N1E: SIGNATURE OF PERSON ADNI NI I STERING OATH J Q _CO PURCIIASE.l 51(' JATl1FT PURCHASERANDOR CO PURCHASER NiU AiUST LLJ HANDPRINTNAME HERE _____ Q _ SIGNATURE OF SE11EH n. _-_ c Q _ SIGNATURE OF CO5EL1_ER SELLER AND/OR - ONDPR N AME I HERE HA TN B. ? 1 1 • - IANe certify, to the best of my/our knowledge that the odometer reading Is LAST FIRST MIDDLE NAME TENTHS X miles and reflects the actual mileage of the vehicle, r PURCHASER OR FULL l f h BUSINESS NAME un ess one o t e following boxes is checked: I-1 Reflects the amount of mileage 0 Is NOT the actual mileage t J i f it h i CO-PURCHASER - _ n excess o s mec an cal limits WARNING: Odometer discrepancy STREET INVe further certify that the vehicle is free of any encumbrance and that the ownership is hereby transferred to the person(s) or the dealer listed ADDRESS -- . - CITY SUBSCRIBED AND SWORN TO BEFORE ME PURCHASE PRICE STATE ZIP MO. DAY YEAR OR IAN - SIGNATURC OF PERSON ADMINISTERING OATH PURCHASER SIGNATURE Q W C0 CO-PUHCHASFR SIGNATURE___ COR URCH S 12 P A ER MUST. - Q HANDPRINT NAME HER, S Q . SIUNAI UHE OF SELLEN I" .. F- SELLER MUST - HANDPRINT NAME HERE 121AU • 1 aim= I/Wo certify, to the best of my/our knowledge that the odometer reading Is be completed., LAST FIRST MIDDI F NAME TENTHS X miles and reflects the actual mileage of the vehicle, PURCHASER OR FULL - unles f th ll f i b i BUSINESS NAME s one o e o ow ng oxes s checked: f 1 Reflects the amount of mileage Is NOT the actual mileage ?l L I in excess of its mecha i l li it '? e ----- CO-PURCHASER - - n ca m s WARNING: Odometer discr pancy lM further certify that the vehicle Is free of any encumbrance and that the ownership is hereby ransfermd to the person(s) or Ilia dealer listed - ------- STREET . --- _ CITY -- SUBSCRIBED AND SWORN -- - TO BEFORE ME: PURCHASE PRICE STATE - _ MO. DAY YEAR ZIP OR DIN ) _ SIGNATURE OF PERSON ADMINISTERING OATH J _ PURCHASER SIGNATURE W CO-PURCHASER SIGNATURE PURCHASER - CO-PURCHASER ER MUST OP ill NAME HEflE Q SI NATU C OF SELLER _ NANDP 7 A N ME HERE R N t 1 INJa certify, to the best of my/our knowledge that the odometer reading Is TENTHS LAST FIRST MIDDLE NAME - X miles and reflects the actual mileage of the vehicle, PURCHASER OR FULL unless one of the followin boxes i ch k d BUSINESS NAME g s ec e : r? Reflects the amount of mileage El Is NOT the actual mileage ?J in excess of its mechani l li it CO-PURCHASER ca m s WARNING: Odometer discrepancy i 1IVV f th f STREET e ur er certi y that the vehicle is free of any encumbrance and that the ownership Is hereby transferred to the person(s) or the dealor'isted. ADDRESS - CITY SUBSCRIBED AND SWORN TO BEFORE ME: MO. DAY YEAR PURCHASE PRICE STATE ZIP On DIN SIGNATURE OF PERSON ADMINISTERING OATH PURCHASER SIGNATURE W co ? __ __ CO-PURCHASER S:GHA7URE ____, PURCHASER AND(OR CO-PURCHASER (.RUST HArIOPRINT NANIE HERE n_ I Z v S SICNATJRE OF SF'. _FR s f c o _ SELLER MUST " _ I HA,NDPR;NT NAME HERE D 3 -I O `c O N O w (n C N J ?. w m (D (D W w n N 0- (D w _m 0 (D lV N N Cn W IA °w a O Q a Q w m C N W (U N w O_ Cn e N CD W O 3 W C w 0 ::. N N c m (D O_ 7 O W N w 0 r, - !-. . A •r r1 -'APIr CTC Ct=/+Ti- , Y". I- -in e EXHIBIT "C" PSE( 02/24/2009 Via Certified and First Class Mail PASCUAL MARTINEZ 789 LEE LN ENOLA, PA 17025-1503 NOTICE OF REPOSSESSION AND RIGHT TO REDEEM You are hereby notified that your 2002 Ford Escape VIN# IFMYU04192KA50411 has been repossessed by the Pennsylvania State Employees Credit Union ("PSECU"). Yoy have failed to pay the 01/08/2009 installment due under the above Loan and Secuirty Agreement (the "Contract"). The motor vehicle is currently being stored by: Richard & Associates, 3999 Spring Rd. Shermans Dale PA 17090. (717) 241-5884. You may redeem the motor vehicle and terminate the Contract by paying the following amounts on or before 5:00 p.m. on 03/11/2009. Unpaid principal balance $10,778.66 Accrued Interest $67.08 ADDITIONAL COST IF REPOSSESSED MORE THAN 15 DAYS AFTER DEFAULT Repossession Expense $350.00 Storage expense @ $20 per day (2/24/09-3/11/09) $320.00 Late Fees $14.34 Total Cost to Redeem $11,530.08 Payment to redeem must be in cash, certified funds or a cashier's check. We will sell the 2002 Ford Escape at private sale sometime after 03/11/2009. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money unless we must pay it to someone else, or use it to pay other loans you owe to PSECU. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. If you want us to explain to you in writing how we have figured the amount that you owe us or you need more information about the sale, you may call us at (717) 234-8484, ext. 3116 or (800) 237-7328 or write us at PSECU, P.O. Box 67013, 11arrisburg, Pa. 17110-2990, and request a written explanation. You should also contact us if you are unable to pay the foregoing amount in full prior to the above deadline. PSECU niay allow you to reinstate your loan, if you qualify, upon payment of the arrears and additional costs only. We are sending this notice to the following other people who have an interest in the collateral listed or who owe money under your agreement: (Names of all other debtors and obligors, if any) You have 30 days to make arrangements to take possession of the personal effects found in the vehicle. Failure to recover them in this time period will result in disposal of such personal effects. Sincerely, _ T , Q j` i > 9l Jodie Ross Account Advisor Pennsylvania State Employees Credit Union Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • 717.234.8484 • 800.237.7328 Mailing Address: P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.777.2100 (TDD) • 800.472.1967 (TDD) psecu.com This credit union is federally insured by the National Credit Union Administration. Equal Opportunity Lender -- - - - N7 ddrl 68L ""'III"'!I?"'I ' 'I' ' oc I I I I;I.'I` r u d LLJ i .... _.. - ?.. -_ - _ i' , • W .r i=oJflNn.ials.5>?. ?Ywm;.: n1RStl ?''-Y-;._ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson =M - c-- Sheriff Jody S Smith Chief Deputy E3 Richard W Stewart Z Solicito r' Pennsylvania State Employees Credit Union Case Number vs. 2011-4844 Pascual Martinez SHERIFF'S RETURN OF SERVICE 06/13/2011 05:27 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2011 at 1727 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Pascual Martinez, by making known unto herself personally, at 789 Lee Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORT HINGTO EPUTY SHERIFF COST: $43.00 June 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (o) GouniyS:?He SheT,'f. TFaosoft. Iric