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Z�� Supreme Cooa y ennsylvania Con o ti f Common Pleas For Prothonotary Use Only: Cig SI>.et Docket No: (� curd l,f�LX�iV"1� '; County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition E E] Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: BELCO COMMUNITY CREDIT UNION DAVID E MARSHALL T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) ®x outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? []Yes 0 No A Name of Plaintiff /Appellant's Attorney: MATTHEW D. URBAN, ESQUIRE Check here if you have no attorney (are a Self - Represented [Pro Sej Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections 13 Nuisance CONTRACT ® Dept. of Transportation 13 Premises Liability Statutory Appeal: Other S ® Product Liability (does not include © Employment Dispute: E mass tort) Q Slander/Libel/ Defamation Discrimination ® C ® Other: Employment Dispute: Other ®Zoning Board T 0 Other: I © Other: O MASS TORT Asbestos N 13 Tobacco 13 Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste © Other: [3 Ejectment El Common Law /Statutory Arbitration B 13 Eminent Domain/Condemnation n Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations [:1 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY gag Quo Warranto ❑ Mort e Foreclosure: Commercial Q Dental Partition 0 Replevin © Legal ® Quiet Title 0 Other: © Medical © Other: 0 Other Professional: Updated 1/1/2011 OF THE 0TH0� TARy 2013 DEC 1 6 Pfd 3: 00 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BELCO COMMUNITY CREDIT UNION Plaintiff No. vs. COMPLAINT IN CIVIL ACTION DAVID E MARSHALL Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire Pa. I.D. , No. 90963 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #20305064 %pj a- aA CIS 4 7 3Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BELCO COMMUNITY - CREDIT UNION Plaintiff VS. Civil Action No. DAVID E MARSHALL Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 COMPLAINT 1. Plaintiff is a corporation with offices at 449 Eisenhower Blvd., Harrisburg, PA 17111. 2. Defendant is an adult individual residing at 219 Enola Street, Enola, PA 17025. 3. On or about December 12, 2008, Defendant applied for and was granted a revolving line of credit by Plaintiff, a true and correct copy of the Line of Credit Application and Agreement, the terms and conditions of which were agreed upon by the parties, is attached hereto, marked as Exhibit "1 ", and made a part hereof. 4. Defendant made use of such credit granted by Plaintiff and has currently a balance due and owing to Plaintiff, as of September 25, 2013, in the amount of $122,327.01. A true and correct copy of the Home Equity Line of Credit is attached hereto, marked as Exhibit "2" and Defendant's Statement of Account is attached hereto, marked as Exhibit "3" and made a part hereof. 5. Defendant has defaulted under the terms of the parties' agreement by failing to make the required payments to Plaintiff when due, having made a last payment on or about August 22, 2013. 6. By the terms of the parties' agreement, more specifically the "acceleration clause" therein, Defendant's default made the entire balance of the loan immediately due and payable to Plaintiff. 7. Plaintiff avers that the written Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at a variable rate. 8. Plaintiff avers that it is entitled to finance charges at the rate of 3.25% per annum on the unpaid balance. 9. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees incurred in enforcing said Agreement. 10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and /or refused to pay the principal balance, finance charges, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, David E. Marshall, individually in the amount of $122,327.01 with continuing finance charges thereon at the rate of 3.25% per annum from September 25, 2013, plus reasonable attorneys' fees, and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. Matthew D. Urban, Esquire Pa. I.D. No. 90963 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #:20305064 Belco Community Credit Union 403 N. 2nd Street Harrisburg, PA 17101 (717) 232 -3526 Fax (717) 720 -6214 CREDIT UNE ACCOUNT VARIABLE INTEREST RATE HOME EQUITY SECURED OPEN -END CREDIT AGREEMENT AND TRUTH4N- LENDING DISCLOSURE Name (Print or Type) David E Marshall (Bor(ower) (Borrower) Address of Security Property 21R WAL I EVFI- RD Now rrrnihsrlan PA 17071 (street) (City) (State) (zip) Legal Description of Security Property See Mortgage Date of Agreement 12112/2008 Loan Number 1 -L7 Account Numbe "l Maximum Daily Advance $ 7500.00 Minimum Initial Advance $ 100.00 Minimum Other Advance $ 100.00 Maximum Credit Limit $ 190,000.00 Final Date to Request Advance 12112/2016 Agreement Maturity Date 1212712023 In this Agreement the use of the words "Credit Union', 'We 'Us" and 'Our" mean BELOD COMMUNITY CREDIT UNION, Any person who signs this Agreement as Borrower individually and collectively is sometimes referred to as - You - or 'Your. 'Account` means the line of credit available to You under the terms of this Agreement. Card' means the VISA Credit Card issued to You and any duplicates and renewals We may issue to access Your Account. "Convenience Checks" mean the special Account Access devices We provide for Your use from time to time. Numbers, phrases or words preceded by a ❑ are applicable only if the(:] is marked, e.g, Q0. 1. PROMISE TO PAY. You promise to pay Us all amounts charged to Your Account which will reduce Your Finance Charges. Any partial payment or prepayment of by You or by any user who has access to Your Account, with actual, apparent or Your Account will not delay Your next scheduled payment. All payments to Us implied authority for use of Your Account together with Finance Charges, Late must be in lawful money of the United States. Payments will be applied first to any Charges, Collection Costs or other charges described herein. Late Charges owing, then to the Finance Charge due, then to the outstanding principal balance. Any unpaid portion of the Finance Charge will be paid by 2, USE OF YOUR ACCOUNT. To the extent permitted by taw and in this subsequent payments and will not be added to the principal. Agreement, You may use Your Account for any purpose. You may make purchases by presenting the VISA Card to a participating plan merchant or by authorizing a You can obtain credit advances for 96 months (the "Draw Period "). During the sales draft. You may obtain cash advances by presenting the Card to Us; another Draw Period, Your Minimum Monthly Payment will be established at the time of financial institution; by authorizing a cash advance draft, or by using Your PIN in each advance (other than for any credit insurance premiums) or change in Interest conjunction with the Card in an ATM at other type of electronic terminal that Rate to the amount necessary to fully amortize Your then outstanding Account provides access to the VISA system. You understand that Your Card is issued by balance no later than the Agreement Maturity Date, rounded up to the nearest $1. Us for use in obtaining advances under this Agreement and will only be usable until subject to the lesser of $100.00 or Your Account balance. In addition, if at any the Final Date to Request Advance. At that time, no further advances will be time Your total New Balance exceeds Your Credit Limit, You must immediately pay permitted and You agree to discontinue the use of any Account access devices and the excess upon Our demand. After the Draw Period ends, You will no longer be return them to Us immediately, able to obtain credit advances, (other than for any credit Insurance premiums), You must discontinue the use of any Account access devices and return them to Us 3. CREDIT LIMIT. We have granted You a Maximum Credit Limit which is shown immediately and You must repay Your outstanding Account balance (the above and You agree not to exceed this Maximum Credit Limit. If You do, You will 'Repayment Period"). The length of the Repayment Period will depend on the be in default under this Agreement and, in addition to any other rights We may amount that You owe at the end of the Draw Period but in no event will exceed 84 have, We may require You to repay such excess sums immediately and require the months. During the Repayment Period, Your Minimum Periodic Payment will be return of all Cards or Account access devices. Any amount of credit extended that calculated In the same manner as the Draw Period. exceeds the Maximum Credit Limit stated above Is not secured by the Interest in the Security Property. In the event that Your Maximum Credit Limit is Increased, S. FINANCE CHARGES. You will be charged a Finance Charge at a Variable this Agreement will continue in effect subject to the new Maximum Credit Limit. Periodic Rate on Your Account for the period any balance is outstanding. Salance(e) change each time advances are made, payments are made or credits 4. ADVANCES, You may request an advance by telephone. In person, by letter, by given. The balance subject to the periodic Finance Charge is the average daily writing a preprinted Convenience Check that We may supply for Your use from transactions balances outstanding during the month (new and previous). To get the lime to lima, by using Your Card or by using any other means We provide to average daily balance, We take the beginning balance of Your Account each day, access Your Account, When You request an advance, We may require You to prove add any new purchases, cash advances, insurance premiums, debil adjustments or Your identity. Unless Your Account has been suspended by Us, You will have credit other charges and subtract any payments, credits and any unpaid Finance or Late available up to Your Maximum Credit Limit. Your first advance must be in an Charges. This gives Us the daily balance. Then, We add up all the daily balances amount equal to at least the Minimum initial Advance shown above. All subsequent for the billing cycle and divide them by the number of days in the billing cycle. The advances, except for any credit insurance premiums, must be at least equal to the Finance Charge for a billing cycle is computed by multiplying the average daily Minimum Other Advance amount (subject to the Maximum Daily Advance amount) balance subject to a Finance Charge by the Daily Periodic Rate times the number of as shown above and must be made prior to the Final Date to Request Advance, as days in the billing cycle. The Finance Charge begins to accrue on the date of each also shown above. All advances must be made prior to the Final Date to Request advance and there Is no grace period. Advance. also shown above. Advances taken each day, when added together, cannot exceed an amount equal to the Maximum Daily Advance. On the dale Your Account is established, FINANCE CHARGES will be computed S. PAYMENTS. Though You need only pay the Minimum Monthly Payment, You using a Daily Periodic Rate of 0. 0 1 3698 y, corresponding to an ANNUAL understand that You have the right to repay Your Account or make larger payments at any time without penalty. You may make more frequent payments PERCENTAGE RATE of 6,00 % Further paragraphs of this Agreement are set forth on the additional pages titled "Additional Provisions of Agreement', and You agree to be bound by all of the provisions of this Agreerent. 1211212008 rrawer David E Marshall U 216 Borrower Dal e W ill ness Uate Witness Uale ACKNOWLEDGMENT BY NON - BORROWER WHO WILL EXECUTE A MORTGAGE/DEED OF TRUST. The undersigned will he executing a MortgagelDeed of Trust on the Security Property shown above in favor of BELCO COMMUNITY CREDIT UNION, but will have no personal liability under the above Agreement. The undersigned acknowledges receipt of a completed copy of this Agreem�vennt''.'' a F d W ale Copyright Oak Tree Business Systems, Inc., 2005. All Rights Reserved, Page 1 of 3 OTBS 026 BELC (6105) Additional Provisions of Agreement 7. VARIABLE RATE Your Account is subject to a Variable Rate which is based on is returned unpaid; (3) Your Convenience Checks have been reported lost of stolen; the highest Prime Rate as published in the Money Rates Section of The Wall Street (4) Your Convenience Check is not signed by a Borrower under this Agreement; (5) Journal in effect on the first business day of the moth immediately preceding each Your Account has been suspended or terminated as provided for in this Agreement calendar quarter of each year CIndex) plus % rMarghl "). The or could be it a particular Convenience Check were to be honored; and /or (8) Your Index plus the Margin equals the Interest Rate. Changes in in Index will cause Convenience Chock is less than the Minimum Initial or Minimum Other Advance as changes in the Interest Rate on the firs) day of each calendar quarter of each year. shown in this Agreement or You are in violation of any transaction requirement or increases or decreases in the Interest Role will result in like increases or decreases would be if We honored Your Convenience Check. in the Finance Charge and may affect the amount of Your scheduled payments. The Annual Percentage Rate does not include Costs other than Interest. Your 17, ADDITIONAL INFORMATION. You agree that You will promptly tell Us in Interest Rate will never be greater than 15.00% and will apply to the remaining writing if You move, change Your name or employment, You will also provide Us principal balance. It the Index becomes unavailable, We may select another Index updated financial Information upon Our request, You also agree that We may, from and Margin which would result in a substantially similar Interest Rate. time to lime, as We doom necessary, make inquiries pertaining to Your employment, credit standing and financial responsibility in accordance with 6. SECURITY. Except as staled herein, Your Account Is not secured by any other applicable laws and regulations. You further agree that We may give Information collateral, real or personal, tangible or Intangible. Your Account is secured by a about the status and payment history of Your Account to consumer credit reporting MortgagerDeed of Trust You have given Us on the Security Property desaribbed agencies, a prospective employer or insurer, or a slate or federal licensing agency above as well as the proceeds of the sale of such Security Property, having any apparent, legitimate business need for such Information. You also grant and consent to a lien on Your shares with Us (except for IRA and 18• ENFORCEMENT. We can delay enforcing any of Our rights under this KEOGH Accounts) and any dividends due or to become due to You from Us to the Agreement without losing them. We can accept late payments, partial payments, extent that You owe on airy unpaid balance on Your Account. or any other payments even if they are marked "paid in full , without losing any of Our rights under this Agreement. 9. FEES AND CHARGES. In addition to the Finance Charges, Your Account Is subject to certain other charges which You agree to pay either separately or as a 1 S. SEVERABILITY. If any provision of this Agreement, or any related agreement, is result of advances made to Your Account ( "e' means estimate): held to be unenforceable, such determination shall not affect the validity of the remaining provisions of this Agreement, Appraisal Fee $ 126.00 20. LIABILITY OF PARTIES. Each Borrower will be responsible, jointly and Recording Fees s 46.00 severally, for the repayment of amounts owed. You understand that any Account 51.00 access device which is requested and approved, will be mailed only to the primary Tills Policy Foes $ ap licant at the address indicated on Your application for Your Account. We may Other S - 176.00 refuse to follow any instructions which run counter to this provision. $ 21, TAX DEDUCTIBILITY. You should consult a tax advisor regarding the Total of Charges $ 46.00 deductibility of interest and charges under Your Account. Q Tire fees and charges shown above may be charged to Your Account as an 22. MERCHANT CREDITS. If a merchant who honors Your Card gives You credit vance, immediately before closure of Your Account, only if Our interest in the for returns or adJ'ustments, they will do so by sending Us a credit slip which will be Security Property is terminated within 12 months of the Date of Agreement. posted to Your Account. 10. LATE CHARGE If Your payment is more then 15 days late, You will be 23, PERIODIC STATEMENT, On a regular basis, You will receive a statement charged 5,00% of the payment due. showing all transactions on Your Account including amounts paid and borrowed since Your last statement. We will mail YOU a statement each billing cycle in which 11. COLLJ710N CO5T5, To the extent permitted by law. You agree to pay all there is a debit or credit balance or when a Finance Marge is imposed. We need costs of collections, including attorneys' fees whether or not suit is flied, and other not send You a statement if We feel Your Account is uncollectible or if We have Costs, Including court costs. started collection proceedings against You because You defaulted. Each statement is deemed to be a correct statement of account unless You establish a billing error 12. PROPERTY INSURANCE You agree to insure the Security Properly against fire pursuant to the Federal Truth -In- Lending Act. and other hazards, in the amount and for the period required by Us, with Us named as Mortgagee for Our protection. You may purchase the Insurance from any insurer 24. TRANSACTION SUPS. Your monthly statement will Identify the merchant. You want, but We have the right not to accept the Insurer for reasonable Cause, If electronic terminal or financial institution at which transactions were made, but You do not get or keep such insurance. We may (but are under no obligation to do sales, cash advances, credit or other slips will not be returned with the statement. so) obtain it and add the costs to the principal balance of Your Account and You You will retain the copy of such slips furnished at the time of the transaction in agree to pay for 0. order to verify Your monthly statement. 13. TERMINATION. If You fail to meet the terms of repayment, or if You act or fall 25. ISSUANCE OF PERSONAL IDENTIFICATION NUMBER We will issue You a to act in a way that adversely affects Our security Interest or other rights in the Personal Identification Number (PIN) which You select for use with Your Card. This Security Property, or if You have committed fraud or made a material PIN Is confidential and should not be disclosed to anyone. You may use Your PIN misrepresentation in connection with the Account, We may terminate this and Your Card to access Your Account and all sums advanced will be added to Agreement and require You to pay Us the outstanding balance in one payment, or Your Account balance. In the event a use of Your PIN constitutes an Electronic subject to the Governing Law, cause the Security Property to be sold and the Funds Transfer, the terms and conditions of Your 8e:elronic Funds Transfer proceeds of sale to be applied to Your obligation to Us. To the extent permitted by Agreement may also affect Your rights. law, You agree to ppay any reasonable costs of protecting, retaking, repairing or selling the Security Property. 26. REFUSAL TO HONOR CARD OR CONVENIENCE CHECKS, We are not liable for the refusal or inability of merchants, financial institutions and others to accept the 14. SUSPENSION. Your right to request additional advances may be suspended. Card, or electronic terminals to honor the Card or complete a Card withdrawal, or or your Maximum Credit Limit reduced, at our option in the following Instances: for their retention of the Card. (1) you fail to make the scheduled payments due to us; (2) you fail to make timely payments to the holders of Deeds of Trust /Mortgages senior to ours; (3) 27, UNAUTHORIZED USE You may be liable for the unauthorized use of Your you tail to pay real property taxes prior to delinquency; (4) you fail to maintain Card. You will not be liable for the unauthorized use that occurs after You notify Us the requited property Insurance; (5) the value of the Security Property declines orally and in writing of the address or telephone number shown in this Agreement, significantly below the appraised value upon which we relied in approving your of the loss, theft, or possible unauthorized use. in any case, Your liability will not application; (8) we reasonably believe that your ability to meet your payment exceed $50. obligations is Impaired because of a material change in your financial circumstances; (7) governmental action precludes our imposing the annual 28. LOST OR STOLEN CARDS OR CONVENIENCE CHECKS. To report a lost or percentage rate provided for or impairs our security interest such that the value stolen Card. Your Account Number, Your PIN or any combination of these, You will of our Interest is loss than 120% of your Maximum Credit Limit; (8) the immediately call Us at (800) 642 -4882 or (717) 232 -3526 or write to Us at P.O. maximum annual percentage rata under the plan is reached; or (9) a regulatory Box 82, Harrisburg, PA 17108 -0082. agency has notif led Us that further advances under this plan constitute an unsafe and unsound practice, When the Condition which caused the suspension of 29. FOREIGN TRANSACTIONS. For transactions Initiated in foreign countries and advances or reduction of your Maximum Credit Umit no longer exists, the original foreign currencies, the exchange rate between the transaction currency and the terms of your agreement will be reinstated. You understand that if Your right to bitting currency (U.S. dollam) will be: (a) a rate selected by VISA from the range of request additional advances is suspended or Your Maximum Credit Umit is rates available in wholesale currency markets for the applicable central processing reduced, You still owe Us whatever sums You have already borrowed, all other date, which rate may vary from the rate VISA itself receives; or (b) the Charges under this Agreement and applicable Finance Charges. government - mandated rate in effect for the applicable central processing date. In each instance, plus 1% of the settlement amount. 18. CHANGE IN TERMS. We may change the terms of this Agreement upon proper notice to You In the following situations: (1) as provided In this 30. EFFECT OF AGREEMENT. Even though the sales, cash advance, other Agreement, (2) to adopt a new Index and Margin if the current Index becomes agreements issued at a later date, credit or other slips You may sign or receive unavailable, (3) by written agreement with You, (4) if the change benefits You, or when using the Card contain terms, this Agreement is the contract which solely (5) the change is insignificant. applies 10 all transactions Involving the Card. 16. LIMITATIONS ON THE USE OF CONVENIENCE CHECKS. We reserve the right 31. GOVERNING LAW. This Agreement is controlled and governed by the laws of not to honor any Convenience Check if: (1) by paying a Convenience Check You the Commonwealth of Pennsylvania except to the extent that the laws of the would exceed Your Maximum Credit Limit; (2) Your Convenience Check is state where the Security Property is located governs property rights related to post- dated. We are not responsible for any resulting loss or liability, however, if any the Security Property and except to the extent that such laws are inconsistent such Convenience Check is honored and, as a result, any other Convenience Check with controlling federal law. Borrower's Initials m Copyright Oak Tree Business Systems, Inc., 2005. All Rights Reserved. Page 2 of 3 ` , OTBS 020 BELC (6/05) Additional Provisions of Agreement YOUR BILLING RIGHTS - K83 THIS NOTICE FOR FUTURE USE This notice contains important information about Your rights and Our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If You think Your statement is wrong, or if You need more information about a transaction on Your statement, write Us on a separate sheet, at Our address shown in this Agreement. Write to Us as soon as possible. We must hear from You no later than 60 days after We send You the first statement an which the error or problem appeared. You can telephone Us, but doing so will not preserve Your rights. In Your letter, give Us the following information: — Your Name and Account Number. — Dollar amount of the suspected error. Describe the error and explain, if You can, why You believe there is an error. If You need more information, describe the Item You are not sure about. if You have authorized Us to pay Your Credit Card statement automatically from Your Share Account, You can stop the payment on any amount You think is wrong. To stop the payment, Your fetter must reach Us 3 business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must acknowledge Your letter within 30 days, unless We have corrected the error by then. Within 90 days. We must either correct the error or explain why We believe the statement vies correct. After We receive Your letter, We cannot try to collect any amount You question, or report You as delinquent. We can continue to bill You for the amount You question, Including finance Charges, and We can apply any unpaid amount against Your Credit Limit. You do not have to pay any questioned amount while We we 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 10 days telling Us that You still refuse to pay, We must tell anyone We report You to that You have a question about Your 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 $50.00 of the questioned amount, even if Your statement was correct. SPSCIAL RULE FOR CREDIT CARD PURCHASES. If You have a problem with the quality of property or services that You purchased with Your VISA Credit Card, and You have tried in good faith to correct the problem with the merchant, You may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a.) You must have made the purchase in Your home state, or, it not within Your home state within 100 miles of Your current mailing address; and (b.) The purchase price must have been more than $50. Borrower's Initials �x Copyright Oak Tree Business Systems, Inc., 2005. All Rights Reserved. Page 3 of 3 OTBS 028 BELC (6105) Befco Community Credit Union 2nd St 403 HOME EQUITY N. reet Harrisburg, PA 17101 (717) 232 -3526 CREDIT APPLICATION Fax (717) 720 -6214 Account Number Loan Number PROPERTY SECURING YOUR LOAN 874201 L7 Property Stteef Address City County State (p 218 WALNUT LEVEL RD New Cumberian YORK PA 17071 Property Type. ® Single Family Home ❑ Condominium ❑ Townhouse ❑ Other Type of Credit Applied For. ® Home Equity Une of Credit ❑ Home Equity Loan Amount Requested =e Purpose 130,000.00 HOME IMPROVEMENTS Present Market Value Manner in Which Title Will Be Held 234 00000 DAVID MARSHALL EVA M MARSHALL APPLICANT CO- APPLICANT FIRST NAME INITIAL LAST NAME SR.uR.l.11 FIRST NAME INITIAL LAST NAME SR.JR,1,11 David E Marshall SOCIAL SECURITY NUMBER OffrHDATE SOCIAL SeCURITY NUMBER BIRTHDATE 73 08/16/1963 CURRENT STREU ADDRESS SINCE(Moxr.) CURRENT STREET ADDRESS SINCE(Mo.Yr.) 218 WALNUT LEVEL RD 17 0 CITY STATE ZIP CITY STATE ZIP NewCumberlan PA 17071 COUNTY EMAIL ADDRESS COUNTY EMAIL ADDRESS YORK 1717-608-1414 FORMER ADDRESS (cOMMETE LESS THAN 3YFARA FORMER ADDRESS( cwaETeIF g1RRQ1YAOORMi s uiuTNAN s YrAICR NLIMkkKVV YEAR* 0 0 HOMETIFLEPHONE NO. OF 0M AGES OF DEPENDENTS HOME TELEPHONE NO. OF DM AGES OF OSPENDERTS 0 NAME, AOORESSANOTMOHONE OF NEAREST RELATIVE NOT LIVING WITH YOU RELATIONSHIP NAME, AOORFSSANO TELEPHONE OF NEAnEsr RELATNENOT L ivtNowRHYOu RE EMPLOYMENT AND INCOME If self -employed check here ❑ and attach two years federal income tax returns (include all schedules). CURRENT EMPLOYER (INCLUUF EMPLOYEET.U. IV APPUCABLI� CURR841 EMPLOYER (iNCLUFJF EMPLOYEE 1.0. It- APKICAHL13 N CE David Marshall Remodeling - 7 - ADDRESS ADDAE5S New Cumberland, PA EPHONft POSITION MO. GROSS INCOM POSITION MO. GROSS INCOME Carpenter I S 68,000.00 S FORMER EMPLOYER Ili a - M esters than 3 Yevsl POSITION I YEARS RM PLOYS R (it ewrwt n tens than 3 years) ) ION YEARS TH OTHER INCOME You need not list Income from alimony child support or separate maintenance payments unless You w ant it considered in evaluating this credit application MONTHLY AMOUNT MONTHLY AMOUNT $ s NAME AND ADDRESS OF PAYER NO, OF YEARSRFlEVE NAMEANDAODRESSOFPAYER NO. OF YEARS RECEIVE] ASSETS AND DEPOSITS Attach a separate sheet if necessary. TYPE BANK (OR OTHER) NAME ADDRESS ACCOUNT NUMBER APPROX. BALANCE TYPE BANK (OR OTHER) NAME; ADDRESS ACCOUNT NUMBER APPROX. BALANCE 8 s � a d CAR 1 • YR • MAKE • MODEL CAR t • YR • MAKE: - MODEL APPROXIMATE VALUE _ S S CAR 2. YR - MAKE - MODEL APPROXIMATE CAR 2 - YR - MA 00(3 I s S HOMECWNERS: PLEASE INDICATE NAME(S) ON DIM PURCHASE PRICE HOMEOWNERS: PLEASE INDICATE NAM E(S) ON Ofd PURCHASE PRICE I AFPROX 1 13ATF VALUE DAVID MARSHALL 1 $0 S 234,000.00 EVA M MARSHALL I SO S 234,000.00 Copyright Oak Tree Business Systems, Inc., 2004. All Rights Reserved. Page 1 012 OTBS 01 5H BB-C (4104) CREDIT INFORMATION Please list all open Accounts with or without a balance Attach separate sheet If necessary A= Applicant C = Co- Applicant D s Debts to be paid off if credit is granted. PjLtAbr CHECK OBLIGATIONS LENDERS (OR OTHER) NAME, ADDRESS ACCOUNT ORIGINAL MONTHLY LIST ALL OBLIGATIONS INCLUDING CREDIT UNION LOANS NUMBER AMOUNT BALANCE PAYMENT A C 0 X SEE CREDIT BUREAU REPORT Please answer the following questions. i f a yes answer is given, explain on attached sheet. A C TOTALS $ $ $ Please Check: A -Applicant C = Co- Applicant Yes No Yes No Please Check: A = Applicant C = Co-Applicant Yes No Yes No 1. Have You filed a petition for bankruptcy in the last 10 years? El ❑ 2. Have You ever had any auto, furniture, or property repossessed 8. Have You any obligations not listed? 00 ❑ in the last 7 years? ❑ ® ❑ ❑ 11 ❑ ❑ 7. Do You have any pad due bills? 3. Are You a co-maker or co-signer on any loan? ❑ too ❑ For whom ® ❑ ❑ S. is any income You have listed likely to reduce in the next two years? Where 4, Have You ever had credit in any other name? 9. Is the property securing this ban You are applying for currently for sale? ❑ ❑ What name ❑ ® 10. Indicate Immigration status: Applicant ® U.S. Citizen ❑ Permanent U.S. Resident ❑ Other 5. Have You any suits pending, judgements filed, alimony, or support awards against You in the last 7 years? ❑ ® ❑ ❑ I co-A PWicam []U.S. Citizen ❑ Permanent U.S. Resident []Other INFORMATION FOR GOVERNMENT MONITORING PURPOSES Notice: complete only this Is a Home mprovement t oan or it You are applying to purchase or refinance a dwelling. The following information Is requested by the Federal Government for certain types of loans related to a dwelling in order to monitor the lender s compliance with equal credit opportunity, fair housing and home mortgage disclosure taws. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender may discriminate neither on the basis of this information nor on whether you choose to furnish it. If you furnish the information please provide both ethnicity and race. For race, you may check mote that one designation. If you do not furnish ethnicity, race, or sex, under Federal regulations, this lender is required to note the information on the basis of visual observation or surname. If you do not wish to furnish the information, please check the box below. Applicant: ❑ You do not wish to fumish this information Co- Applicant: ❑ You do not wish to furnish this information ehnicity: Hispanic or Latino ® Not Hispanic or Lot Ina 91inlo8y: ❑ Hispanic or Latino ❑ Not Hispanic or Latino Race: ❑ American Indian of Alaskan Native C) Asian Race: ❑ American Indian or Alaskan Native [] Asian ❑ Black or African American ® White ❑ Black or African American ❑ White Native Hawaiian or Other Pacific Islander ❑ Native Hawaiian or Other Pacific Islander Sex: ❑ Female ®Male Sex: 0 Female ]Male Optional Credit Insurance An appropriate application /disclosure will be furnished at the time Your credit Is approved, Credit Life and/or Credit Disability Insurance Is not required to obtain credit under this plan and will be included only if requested immediately below by the APPLICANT. PLEASE CHECK ONE OR MORE OF THE BOXES BELOW. You are interested in Credit Disability Insurance - single coverage[:] You are interested in Credit Ufa Insurance - single coverage C] joint coverage ❑ You are not interested in Credit Insurance SIGNATURE OF APPLICANT X ���� s►� DATE 11/24/2008 SIGNATURE AGREEMENT: The undersigned applies for the loan indicated in this application to be secured by a mortgage or deed of trust on the property described herein, and represent that the property will not be used for any illegal or restricted purpose, and that all statements made in this application are true and are made for the purpose of obtaining the loan. Verification may be obtained from any source named In this application. The original or a copy of this application will be retained by the Lender, even it the loan is not granted. You warrant that You intend Do not Intend to occupy the property as Your primary residence. You authorize Us to accept Your facsimile signatures on this application and agree that Your a.Imlle signature will have the same legal force and effect as Your original signature. You assume any risk that may be associated with permitting Us to accept Your facsimile signature. You fully understand that It is a federal crime punishable by fine or Imprisonment, or both, to knowingly make any false statements concerning any of the above facts as applicable under the provisions of Title 18, United States Code, Section 1014. You hereby acknowledge Your intent to apply for joint credit Applicant's Initials Co•Appiicant's Initials 11/241200 Applicants signature Co-Applicant a -Signal ure Copyright Oak Tree Business Systems, Inc., 2004. All Rights Reserved Page 2 of 2 OTBS 01 5H BELC (4/04) Belco Community Credit Union 403 N, 2nd Street Harrisburg, PA 17101 (717) 232 -3526 Fax (717) 720 -6214 IMPORTANT TERMS of our HOME EQUITY LINES OF CREDIT THIS DISCLOSURE CONTAINS INFORMATION ABOUT OUR VARWBLE RATE, HOME EQUITY LINES OF CREDIT. YOU SHOULD READ IT CAREFULLY AND KEEP THIS COPY FOR YOURSELF THE TERMS FOR ALL PLANS ARE THE SAME EXCEPT FOR WHERE OTHERWISE INDICATED. Availability Of Terms All terms described below are subject to change. If these terms change, other titan the Annual Percentage Rato and you decide, as a result, not to enter into an agreement with -us, you are entitled to a rerund of any fees you paid to us or anyone else in connection with your application. Security Interest We will take a Decd of TrustAtortgage on your home. You could lose your home if you do not meet certain obligations in your agreement with us. Possible Actions Termination if you fail to meet the terms of repayment, or if you act or fail to act in a way that adversely affects our security interest or other rights in the Security Property, or if you have committed fraud or made a material misrepresentation in connection with the account, we may, subject to ilia governing law, terminate the plan, require payment in full of the entire outstanding balance in a single payment. Suspensimt Your right to request additional advances may be suspended, or your maximum credit limit reduced, at our option in the following instances, (1) you fail to make the scheduled payments due to us; (2) you fail to make timely payments to the holders of Deeds of TrustAfortgagea senior to ours; (3) you fail to pay real property taxes prior to delinquency (4) you fail to maintain ilia required property insurance; (5) the value of ilia Security Property declines significantly below the appraised value upon which we relied to approving your application; (6) we reasonably believe that your ability to meet your payment obligations is impaired because of a material change in your financial circumstances; (7) governmental action precludes our imposing ilia annual percentage rate provided for or impairs our security interest such that the value of our interest is lass than 120% of your maximum credit limit; (8) the maximwn annual percentage rate tinder the Plan is reached; or (9) a regulatory agency lmas notified Us that further advances under this plan constitute an unsafe and unsound practice. When the condition which caused the suspension of advances or reduction of your maximum credit limit no longer exists, the original terns of your agreement will be reinstated, You understand that if your right to requast additional advances is suspended or your maximum credit limit is reduced, you still owe us whatever sums you have already borrowed, all other charges under your agreement and applicable Finance Charges. The initial agreement permits us to make certain changes to the terms of the agreement at specific times or upon the occurrence of specified events. NUnimum I'ayntent Requirements You can obtain credit advances for 96 months (the draw period} During Ote draw period, payments will be due on a monthly basis. Your minimum monthly payment will be established at the time of each advance (other than for credit insurance premiums) or change in interest rate to the amount necessary to fully amortize your then outstanding balance no later than ilia agreement maturity date, rounded up to the nearest $1 subject to the lessor of 5I00 or your account balance. After die draw period ends, you will no longer be able to obtain credit advances, (other than for any credit insurance premiums) and you must repay your outstanding account balance (ilia repayment period). The length of ilia repayment period will depend on the dale and the amount of your last advance but in no event will exceed 84 months, During the repayment period, mininnmm payments will be due on a monthly basis and will be calculated in the same manner as the draw period. Minimum Payment Example Lines of Credit with less than 80% Loan-To-Value If you made only ilia minimum payments and took no other credit advances, it would take 158 niontlms to pay off a credit advance of 510,000 at an ANNUAL PERCENTAGE RATE of 7.50,'0. During that period, you would retake 96 monthly payments of 5100.00, followed by 61 monthly payments of 5100.00 and a final payment of S43.55. Lines of Credit with 81 -90% Loan to-Vnitte If You made only the nuinnmum payments and took no other credit advances, it would take 180 itmonths to pay off a credit advance of 510,000 at an ANNUAL PERCENTAGE RATE of 8.75,5, During that period, you would make 96 monthly payments of 5100.00, followed by 83 monthly payments of $100.00 and a final payment of S81.69. Late Charges If your payment is IS or more days late you will be charged 5.00% of the payment due subject to a minimum of $10. Fees And Charges To open and maintain a lint of credit, you must pay certain fees to third parties, These fees generally total from S50 to S350. If you ask, we will give you an itemization of die fees you will have to pay to third parties. Insurance You must carry insurance on the property that secures this plan. Minimum Draw And Balance Requirements Your total h•iaximum Daily Advance may not exceed 55,000.00. Advances taken each day, when added together, cannot exceed an amount equal to the Maximum Daily Advance. Tax Deductibility You should consult a tax advisor regarding the deductibility of interest and charges for Ilse line of credit. Other Produds If you ask, we will provide you with information on any other home equity products we offer. Variable Rate Feature This plan has a Variable Rate feature. The Annual Percentage Rate (corresponding to ilia periodic rate), and the amount of your regularly scheduled payments during the draw and the repayment periods can change as a result. The Annual Percentage Rate includes only interest and no other costs. The Annual Percentage Rate is based on ilia value of an index. The index is ilia highest Prime Rate as published in ilia Money Rates Section of 'alto Wall Street Journal and in effect an the first business day of ilia month immediately preceding each calendar quarter of each year. To determine the Annual Percentage Rate that will apply to your line of credit, we add a margin to ilia value of the, index. Ask us for the current index value, margin, discount, and Annual Percentage Rate. After y a line of credit, rate information will he provided in periodic statements that we send you. EXANIT Copyright Oak Tree Business Systems, Inc., 2006. All Rghts Reserved. Page 1 of 2 OTBS 026A BtiC (3106) "2 Rate Changes Your Annual Percentage Rate can change quarterly. There is no limit on ilia mnawtt by which the interest rate can change during any 1 -year period other than flit maximum and minimum rltutttal Percentage Rates that can apply at any time to this account. The maximum ANNUAL PERCENTAGE RATE at any time is 15.00%. Maximum Rate And Payment Examples If you had an outstanding balance of SI0,000 during the draw period, the minimum payment at the maximum ANNUAL PERCENTAGE RATE of 15.00 %6 would be SI40.00. This Annual Percentage Rate could be reached during the 1st month of the draw period. if you had au outstanding balance of $10,000 during the repayment period, the minimum payment at the maximunt ANNUAL PERCENTAGE RATE of 15.00 would be S193.00. This Annual Percentage Rate could be reached during ilia Ist month of the repaymtent period. Historical Example The following table shows how the Annual Percentage Rate and ilia monthly payments for a single SI0,000 credit advance would have changed based on changes in the index since 1992. The index is from Tlw Wall Street Journal and is calculated on the first business day of March of each year. While only one payment amount per year is shown, payments may have varied during the year. Ilia table assumes that no additional credit advances were taken, that only the minimum payments were made, acid that the rate remained constant daring the year. It does not necessarily indicate how the index or your payments will change in the future. ANNUAL PERCENTAGE Payment Minimum Ye Index (1) Margin (2) (t) RATE (2) Period (1) Payment (1) 1992 6.50 0.00 1.25 6.50 7.75°.6 DRAW 100.00(4) 100.00(4) 1993 6.00 0.00 1.25 6.00% 7.2516 DRAW 100 100.00(4) 1994 6.00 0.00 1.25 6.0016 7.25 DRAW 100.00(4) 1()0.00(4) 1995 9.00 0.00 1.2$ 9.00% 10.25% DRAW 100.00(4) 103.00 ( 1996 8.25 0.00 1.25 8.25% 9.50 DRAW 100.00 ( 100,00(4) 1997 8.25 0.00 1.25 8.25 0 .6 9.50 DRAW 100.00(4) 100.00(4) 1998 8.50 0.00 1.25 8.50%6 9.75 DRAW 100.00(4) 100.00(4) 1999 7.75 0.00 1.25 7.75 %6 9.00 DRAW 100,00(4) 100.00(4) 2000 8.75 0.00 1.25 8.75 10.00 REPAYMENT 100.00(4) 100.00(4) 2001 8.50 0.00 1.25 8.50% 9.75 16 REPAYMENT 100.00(4) 100.00(4) 2002 4.75 0.00 1.25 4.75% 6.00% REPAYMENT 100.00(4) 100 2003 4.25 0.00 1.25 4.25% 5.50 REPAYMENT 100.00(4) 100.00(4) 2004 4.00 0.00 1.25 4.00 0 6 5.25 %io REPAYMENT 100,00(4) 100.00(4) 2005 5.50 0.00 1.25 5.5014 6.75% REPAYMENT 0.00 100.00(4) 2006 7.50 0.00 1.25 7.5016 8.7556 REPAYMENT 0.00 100.00(4) (1) This represents the Margin (which we have recently used). Annual Percentage Rata and Minimum Payments for our Lines of Credit with on $016 or less Loan -To -Value ratio. (2) This represents the Margin (which we have recently used), Annual Percentage Rate and Minimum Payments for our Linea of Credit with an sit$. 90% Loan-To-Value ratio. (3) This represents the rounding of the Manft Payment up to the nearest SI. (4) This represents the S100 Minimum Payment. Copyright Oak tree Business Systems, Inc., 2000. All Rights Reserved. Page 2 of 2 OTBS 028A BMC (3/06) Relco Community Credit Union 403 N. 2nd Street Harrisburg, PA 17101 OPEN -END HOME EQUITY (717) 232-3526 Fay (7 L7) ?20 -622 14 ACCOUNT ADVANCE REQUEST Borrow er(s): David E Marshall Account Number: 101-L7 218 WALNUT LEVEL RD NEW CUMBERL.AN PA 17071 Amount Requested: $ . 130,000.00 NIA N/A TERMS DAILY PERIODIC RATE ANNUAL PERCENTAGE RATE PAYOFF PERIOD FOR NEW BALANCE LINE OF CREDIT LIMIT 0.013699 5.00 % 12127/2023 $ 130,000.00 AMOUNT REQUESTED OTHER CHARGES AMOUNT ADVANCED PREY. BALANCE NEW BALANCE S 114,405.58 0.00 114,405.58 0.00 $ 114,405.58 OLD PAYMENT OLD PAYMENT DUE NEW PAYMENT NEW PAYMENT DUE PAYMENT FREQUENCY REMAINING I I $ NIA NIA $ 906.09 01/27/2009 Monthly $ 15,594.42 You hereby request an Advance under the above - referenced Open -End Home Equity Account ('Account ") and You promise to repay this Advance and all others previously obtained on Your Account, in accordance with the terms and conditions of Your Account. You have signed this Advance Request on 12/17/2008 and You acknowledge that You have read it and that You understand it. You authorize Us to accept Your facsimile signatures on this Advance Request and agree that Your facsimile signature will have the same legal force and effect as Your original signature. You assume any risk that may be associated with permitting Us to accept Your facsimile signature. x %,, a e- Q,, , x Signature of Borrower David E Marshall Signature of Borrower Copyright Oak Tree Business Systems, Inc., 2004. All Rights Reserved. OTBS 01 7H BELC (4/04) NOTICE OF RIGHT OF RESCISSION 1. NOTICE OF YOUR RIGHT TO CANCEL Instructions: 1. Check the box for the appropriate transaction type. 2. Have each member /borrower sign Acknowledgment of Receipt. 3. Give each member /borrower two copies of Notice of Right to Cancel. ® Open -End Line of Credit The credit union has agreed to establish an open -end credit account for you, and you have agreed to give us a mortgage, deed of trust, lien, or other security interest on your home as security for the account. You have a legal right under federal law to cancel the account, without cost, within three (3) business days from whichever of the following events occurs last: (1) the opening date of your account which is 12/12/2008 ; or (2) the date you received your Truth -in- lending disclosures; or (3) the date you received this notice of your right to cancel. If you cancel the account, the mortgage, deed of trust, lien, or other security interest on your home is also cancelled. Within twenty (20) calendar days of receiving your notice, the credit union must take the steps necessary to reflect the fact that the mortgage, deed of trust, lien, or other security interest on your home has been cancelled, and the credit union must return to you any money or property you have given to us or to anyone else in connection with the account. You may keep any money or property the credit union has given you until the credit union has done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. C] Open -End Line of Credit Increasing the Security You nave 3greea to increase ins amount of e mortgageii!leea of rus ten secur► y interest) on In your name that Me credit union holds as security for your open -end credit account. You have a legal right under federal law to cancel the increase, without cost, within three business days after the latest of the following events: (1) the date of the increase in the security which is ; or (2) the date you received your Truth -in- Lending disclosures; or (3) the date you received this notice of your right to cancel the increase in the security. if you cancel the increase in the security, your cancellation will apply only to the increase in the amount of the (mortgage/deed of trust /lien /security interest). It will not affect the amount you presently owe on your account, and it will not affect the (mortgage /deed of trust /lien /security interest) the credit union already has (on /in) your home. Within 20 calendar days after the credit union receives your notice of cancellation, the credit union must take the necessary steps to reflect the fact that any increase in the (mortgage/deed of trust /lien /security interest) (on /in) your home has been cancelled. The credit union must also return to you any money or property you have given the credit union or to anyone else in connection with this increase. You may keep any money or property the credit union has given you until the credit union has done the things mentioned above, but you must then offer to return the money or property. If it Is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. C] Open -End Line of Credit Increasing the Credit Limit e credit union n3s agreed to incr3lise tne URN iml on your open-Ono credit account. I me crean union has a (mortgagerdeed of trust /lien /security interest) (on /in) your home as security for your account. Increasing the credit limit will increase the amount of the (mortgage /deed of trust /lien /security interest) (on /in) your home. You have a legal right under federal law to cancel the increase in your credit limit, without cost, within three business days after the latest of the following events: (1) the date of the increase in your credit limit which is : or (2) the date you received your Truth -in- Lending disclosures; or (3) the date you received this notice of your right to cancel the increase in your credit limit. If you cancel, your cancellation will apply only to the increase in your credit limit and to the (mortgage /deed of trust /lien /security interest) that resulted from the increase in your credit limit. It will not affect the amount you presently owe, and it will not affect the (mortgageldeed of trust/lien /security interest) the credit union already has (on /in) your home. Within 20 calendar days after the credit union receives your notice of cancellation, the credit union must take the necessary steps to reflect the fact that any increase in the (mortgage/deed of trust /lien /security interest) (on /In) your home has been cancelled. The credit union must also return to you any money or property you have given to the credit union or to anyone else in connection with this extension of credit. You may keep any money or property the credit union has given you until the credit union does the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. Copyright Oak Tree Business Systems, Inc., 1998 -2004, All Rights Reserved, page 1 or 2 OTW 0955 (1 W98) ❑ Closed -End Loan You have entered into a transaction which will result in a lien, mortgagge, or other security interest on your home. You have a legal right under federal law to cancel this transaction, without cost, within three (3) business days from whichever of the following events occurs last: (1) the date of the transaction, which is ; or 2 the date you received your Truth-in-Lending disclosures; or 3 the date you received this notice of your right to cancel. If you cancel the transaction, the mortgage, lien or other security interest on your home is also cancelled, Within twenty (20) calendar days after.receipt of your notice, we must take the steps necessary to reflect the fact that the mortgage, lien or other security interest on your home has been cancelled, and the credit union must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property the credit union has given you until the credit union has done the things mentioned above, but you must then offer to return the money or property. If It is Impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address shown below. If the credit union does not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. C3 Closed -End Refinance You are entering into a new transaction to increase the amount of credit previously provided to you. Your home is the security for this new transaction. You have a legal right under federal law to cancel this new transaction, without cost, within three (3) business days from whichever of the following events occurs last: (1) the date of the new transaction, which is ; or (2) the date you received your new Truth -in- Lending disclosures; or (3) the date you received this notice of your right to cancel. If you cancel this new transaction, it will not affect any amount that you presently owe. Your home is the security for that amount. Within twenty (20) calendar days after we receive your notice of cancellation of this new transaction, we must take the steps necessary to reflect the fact that your home does not secure the increase in credit. We must also return any money you have given to us or anyone else in connection with this new transaction. You may keep any money we have given you in this new transaction until we have done the things mentioned above, but you must then offer to return the money to the address below. If we do not take possession of the money within 20 calendar days of your offer, you may keep it without further obligation. 2. HOW TO CANCEL If you decide to cancel this transaction, you may do so by notifying us in writing at: Belco Community Credit Union 403 N. 2nd Street Harrisburg, PA 17101 You may use any written statement that is signed and dated by you and states your intention to cancel, and /or you may use this notice by dating and signing below, Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of 1211 6/2008 (or midnight of the 3rd business day following the latest of the 3 events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL' Borrower's Signature X Date Borrower's Signature X Date ACKNOWLEDGMENT Receipt of the foregoing NOTICE is hereby acknowledged, each of the undersigned BORROWERS having received 2 copies thereof. as well as 1 copy each of other Truth -in- Lending Disclosures required by law. The undersigned warrant that they are all Borrowers, obligated under this transaction, who own or use the real prooertvs sa� id ` o�b li lioation as their principal residence (EACH BORROWER MUST SIGN). Borrower's Signature X Date 1211212008 CAVID MARSHALL AKA DAVID E 1A Borrower's Signature X Date 3. CERTIFICATE OF CONFIRMATION The individuals signing the warrant below certify that: 1. More than 3 business days have gone by since each received 2 copies of this Notice and related Truth -in- Lending Disclosures: 2. That as to each, the right to rescind has not been exercised: and 3. No individual has the right to rescind other than those signing below. NOTE: EACH BORROWER MUST SIGN Borrow er'sSlgnatureX Date X2/ /2 onfif Borrower's Signature X Date Copyright Oak Tree Business Systems, Inc., 1998 -2004. All Rights Reserved. Page 2 of 2 OTBS 0958 (10198) 0000874201 MARSHALL,DAVID E Loan 0007: HOME EQUITY LINE OF CREDIT 80% [20700008'1012812013 Post Date ID Eff Date Transact... Trans Amt Balance... Intl... Fees New Balance Description Prev Availa... TRACE #031301843009255 REVERSAL OF 8/19/13 PMT FI TO FI REVERSAL -METRO BANK -NSF %% PartialPmt 804.00 to 0.00 09/25/2... L 00... [08/22/2... ACH Pay... - 1,145.00 1,164.99 77.04 -57.05 122,327.01 METRO BANK - 121,162.02 NSF FEE FOR 9/17/13 PAYMENT REVERSAL 0912012... L00... 09/20/2... FeeAdv... 38.00 38.00 0.00 0.00 121,162.02 NSF FEE - 121,124.02 TRACE # 031301843095181 REVERSAL OF 9117113 PAYMENT FI TO FI REVERSAL - METRO BANK - NSF %% PartialPmt 404.00 to 0.00 0912012... L 00... [08/22/2... ACH Pay... - 741.00 403.34 - 280... -57.25 121,124.02 METRO BANK - 120,720.68 %% ACH Trace 231380990000014 %% ACH ECC PPD %% PartialPmt 804.00 to 404.00 CO: METRO BANK TYPE: F{ TO FI ID: 0231380997 09/1712- L00... 09/17/2... ACH Pay.. 741.00 - 403.34 280.... 57.25 120,720.68 METRO BANK - 121,124.02 09/09/2... L 00... 09/09/2... DEP PRENOTIFICATION FROM METRO BANK %% PartialPmt 6.00 to 804.00 08/22/2... L00... 08/22/2... Cash Pa... 798.00 - 765.44 32.56 0.00 121,124.02 - 121,889.46 %% ACH Trace 231380990000016 %% ACH ECC PPD %% PartialPmt 0.00 to 6.00 CO: METRO BANK TYPE: FI TO FI ID: 0231380997 08/19/2... L 00... 08/19/2... ACM Pay.. 1,145.00 - 815.80 272.... 57.05 121,889.46 METRO BANK - 122,705.26 08/0512... L00... 08/05/2... DEP PRENOTIFICATION FROM METRO BANK %% PartialPmt 1,144.00 to 0.00 0712612... LOO ... 0712612... Payment 1.00 0.00 1.00 0.00 122,705.26 - 122,705.26 %% ACH Trace,231380990000026 %% ACH ECC PPD %% PartialPmt 469.00 to 1,144.00 CO: METRO BANK TYPE: FI TO FI ID: 0231380997 0712512... L 00... 07/25/2... ACH Pay.. 675.00 - 322.28 295.... 56.95 122,705.26 METRO BANK - 123,027.54 0711912... L 00... 07/19/2... DEP PRENOTIFICATION FROM METRO BANK %% ACH Trace 231360990000025 % %ACH ECC PPD %% PartialPmt 1,139.00 to 469.00 TYPE: FI TO FI ID: 0231380997 CO: METRO 06128/2... L 00... 06128/2... ACH Pay.. 575.00 - 287.17 230.... 57.25 123,027.54 METRO - 123,314.71 %% ACH Trace 231380990000015 %% ACH ECC PPD %% PartlalPmt 700.00 to 1,139.00 TYPE: FI TO FI ID: 0231380997 CO: METRO 0610712... L 00... 06/07/2... ACH Pay.. 439.00 - 208.03 230.... 0.00 123,314.71 METRO - 123,522.74 %% ACH Trace 231380990000010 %% ACH ECC PPD %% PartialPmt 0.00 to 700.00 CO: METRO BANK TYPE: FI TO FI ID: 0231380997 05117/2... L 00... 05/17/2... ACH Pay... 700.00 - 329.41 308.... 62.25 123,522.74 METRO BANK - 123,852.15 STATE NAT PREM 0412312... L 00... 04/2312... Advance 1,245.00 1,245.00 0.00 0.00 123,852.15 - 122,607.15 %% ACH Trace 231380990000028 %% ACH ECC PPD CO: METRO BANK TYPE: MONEY MGR ID: 0231380997 04/1912... L00... 04119/2... ACH Pay... 1,126.00 - 805.97 263.... 56.30 122,607.15 METRO BANK - 123,413.12 Page 1 EXHIBIT 0000874201 MARSHALL,DAVID E Loan 0007: HOME EQUITY LINE OF CREDIT 80% [20700008'1012812013 Post Date ID Eff Date Tran'sacti... Trans Amt Balance... Intl... Fees New Balance Description Prev Availa... %% ACH Trace 231380990000013 %% ACH ECC PPD %% PartialPmt 535.00 to 0.00 CO: METRO BANK TYPE: MONEY MGR ID: 0231380997 03/26/2... 1-00... 03/26/2... ACH Pay... 586.00 - 287.63 242.... 56.05 123,413.12 METRO BANK - 123,700.75 Check Received 780.00 %% ParlialPmt 561.00 to 535.00 03/0412... 1.00... 03/04/2... Cash Pa... 1,100.00 - 755.58 288.... 56.30 123,700.75 - 124,456.33 Page 2 i VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he /she is AME) A' va 0' C i of ` . (,� �! �U�l��i(�plaintiffherein, (TITLE) (COMP 'Y) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. a v (SIGNATURE) WWR# 20305064 ACCT #: XXXXXXL0007 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' y 1xt�, oY ara"Ott Jody S Smith 4.9o. Chief Deputy -U N12: Richard W Stewart Solicitor C:NNS ' LvA • BELCO Community Credit Union Case Number vs. David E Marshall 2013-7414 SHERIFF'S RETURN OF SERVICE 12/27/2013 07:59 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: David E Marshall at 219 Enola Street, East Pennsboro, Enola, PA 17025. AX1 0, AMANDA EBERSOLE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, December 30, 2013 RONNK ANDERSON, SHERIFF WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban I.D. No. 90963 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 20305064 MDU/WAJ Attorney for Plaintiff(s) BELCO COMMUNITY CREDIT UNION Cumberland County Court of Common Pleas VS. No.: 13 7414 CIVIL DAVID E MARSHALL PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff 1 111111 11111 11111 111111111111111111111311111111111111111111111111111