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HomeMy WebLinkAbout06-0074 SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. ()fo - 7l( C'-(JLL~~ CATHERINE G. McCLEAF individually and as personal guarantor for DARIS ANN CARTER, Defendants CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 otber rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTEO HA 5100 OEMANOAOO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 105 proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos irnportantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFIClNA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. CUMBERLAND COUNTY BAR ASSOCIA nON TWO LIBERTY A VENUE CARLISLE PA 17013 (717) 249-3166 SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. at.. - 71..{ o.t"ud..'J~ CATHERINE G. McCLEAF individually and as personal guarantor for DARIS ANN CARTER, Defendants CIVIL DIVISION - LAW COMPLAINT The Plaintiff, SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of ELEVEN THOUSAND FIVE HUNDRED NINETY SIX DOLLARS AND TWENTY-SIX CENTS ($11,596.97), along with interest thereon at the rate of 12.3% per annum from December 29, 2005, upon a cause of action of which the following is a statement: I. The Plaintiff, SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, is a corporation organized and existing under Federal Laws, having its principal office and place of business at 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania, 17011-7809. 2. The Defendant, CATHERINE G. McCLEAF, individually and as personal guarantor for Daris Ann Carter, is an adult individual residing at I 17 Bosler Avenue, Lemoyne Cumberland County, Pennsylvania 17043. 3. On or about October 28,2002, Defendant did apply for credit with Plaintiff through its Loanliner Program. A true and correct copy of the Loanliner Application executed by the Defendant is attached hereto, marked as Exhibit "A" and made a part hereo f. F:\USER\ROBIN\CCP&DJ CMPSICCP COMPLAINTSlsvfcu.31983 ,wpd:30DecOS 2 4. Plaintiff issued Defendant a loan for the purpose of a loan consolidation in the amount of Fourteen Thousand Forty Seven Dollars and Fifteen Cents ($14,047.15). A true and correct copy of the Loan and Security Agreement is attached hereto, marked as Exhibit "B" and made a part hereof. 5. On or about October 28, 2002, Defendant signed a Guaranty Agreement, guaranteeing payment of said loan on behalf of Daris Ann Carter. A true and correct copy of the Guaranty Agreement is attached hereto, collectively marked Exhibit "C" and made a part hereof. 6. Defendants have failed, neglected and/or refused to make payment at promised on the aforesaid Loan and Security Agreement. 7. Due to Defendants' failure to make payments as scheduled, interest has been added to said account in the total amount of Four Hundred Eighty Seven Dollars and Seventy-Four Cents ($487.74), as shown on said Plaintiff's Statement of Account hereto attached, marked Exhibit "D" and made a part hereof. 8. Due to Defendant's default and pursuant to the terms of the Loan and Security Agreement, attorney's fees in the amount of One Thousand Nine Hundred Twenty Dollars and Twenty-Six Cents ($1,920.26) have been added to said account as set forth on Exhibit "0" attached hereto. 9. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\svfcu.3 1983 .wpd:30Dec05 3 WHEREFORE, Plaintiff brings this suit to recover from Defendants, the sum of ELEVEN THOUSAND FIVE HUNDRED NINETY SIX DOLLARS AND TWENTY-SIX CENTS ($11,596.97), along with interest thereon at the rate of 12.3% from December 29, 2005. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.c. /~~ Robert D. Kodak, Esquire 407 North Front Street Post Office Box # 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ill No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\svfcu.31983.wpd:30DecOS ~~ ~ SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Harlzdale Drive Camp Hill, PA 17011~7809 {717l737.4152 ,Ilf"' A .1W11.lllr"ill"~ :~_."';'~I-!It~\,~, Application Married Applicants: May apply for a separate account. ----~-~--, I Individual Credit: You must complete the Applicant section about yourself and the Other secTion about your spouse It I ,. you live in or the property pledged as collateral is located in a community properly state tAK, Al. CA, lD, LA NM, NV ex WA wn I 2 your spouse will use the account, or 3 you are relymg on your spouse's income as a basis tor repayment. If YOU are relying on income fram alimonv. child support, Of separate maintenance complete the Other section to the extent possible about the person on whose payments you are relyir19. I Joint Credit: It you are applying with another person, complete the Applicant and Other sections. I Guarantor: Complete the Othe, section if you are a guarantor on an account/loan. LOANlINER Account/Loan: JOlnt Loan Credit Cacd ACCount: I ((nell/ding A TMIOebir Card Access to the Accounr if A val/able) fSee Disclosure Table or Aqreernenr for Tern!s! , Amount Requested $ 14,047.15 Credit Limit ReQul::sted $ Purpose/Collateral: Conso l i dat i on If Authorized User, Name: Repayment: Cash PA YMENT PROTECTION Yes Single Credit Disabi t ity The credit union will disclose the cost of thi s voluntary insurance to you. A separate insurance Yes Single Credit Life election which discloses the terms and conditions must No Joint Cred'it Ufe be s'igned for coverage to become effect lve. , APPLICANT I OTHER I 1 NAME NAME Daris Ann Carter CATHERINE G MCCLEAF MOTHER'S VlAjDEN NII.ME ACCOUNt NUMBER MOTHER'S MAIDEN NAME ACCOUNT "JUMB~.el 12928-1 12928-1 SOCIAL SECURITY NUMBF8 DRIVER'S LICENSE NUMBER/STATE SOCIA~ SECURITY NUMBER DRiVER'S lICFNSE NUMBER/STATE 399-58-9539 PADL22069859 194-42-9361 AGES OF DEPENDENTS AGES OF DEPENDENTS BIRTH DATE HeME PHOI'I" 8USlNESS PHONE.!EXT BIRTH ~)t.,E HOME PHON;: 81!::'I~ES:; PHrJtJE[XT -- 08/22/1954 (717)-612-8458 04/15/1946 I PRESENT ADDRESS PRESENT t.,DDRESS IU'NGTH AT RESIDFNCE 1400 h'arwick Road LENGTH AT RESIDENCE 117 BOSLER AVE. Camp Hitt, PA 17011 LEMOYNE, PA 17043-1926 I PREVIOUS ADDRESS PREVIOUS ADDRESS LENGTH AT RESIDENCE LP~GTH AT >\ESlDENCE COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY COMPLETE FOR JOINT CREDIT. SECURED CREDIT OR if' 'IOU li\ll;- IN I.. COMMUNiTY' PROPERTY ST ATE PROPERTY STATE' MARITAL STATUS Unmarri ed MARITAL STATUS: Married I EMPLOYMENT/INCOME I $2,753.36 PER Month Gross EMPLOYMENTflNCOME f $1.929.03 PER Month Gross NAM E AND JOHW GROSS MESSENGER SER~ICE NAME AND ~SSD I :3~~g~~ROF 625 WEST MAIN STREET ADDRESS OF I EMPLOYER I EPHRATA PA 17522 TITLE/GRADE START DATE jHOURS AT WORK TITLElGRADE START DATE (HOURS AT WORK Data Entrv 02/16/1961 SUPERVISQR.S NAME IF SELF EMPLOYED, TYPE OF BUSINESS SUPERVISOR'S NAME iF SELF EMPLOYED, TYPE 01'- BUSINESS NOTICE: ALlMONY, CHiLD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE NonCE: ALIMONY, CHILD SUPPORT OR SEPARA TE MAINTENANCE iNCOME NEED NOT 8~. REVEALED IF YOU 00 NOT CHOOSE TO HAVE IT CONSIDERED REVEALEO IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED OTHER INCG"fiE OTHER INCOME $ PFQ SOURCE $ PER SCUf1CE $ ;-<:'1 !;'DURCE $ PER SOURCE $ - ::~ SD')'1CE $ PEA SOUACE $ t'c:R SOURCE $ PER SOURCE MIUTARY: IS DU,Y STAT:')N "-""'NSFER EXPECTED DURING NEXT YEAR7 MILITARY: IS DUTY STATION TRANSFER EXPECTED DURING NEXT YEAR~ WHERE ENDING/SEPARAtiON DAtE WHERE UWINGISEPARATIDN DATE "'REVIOUS e..'PlQY<:9 NAW. ~~l,) AJDI'l';SS iF EMPLQY'ED LESS THAN STARTING DATE PREVIOUS EMPLOYER NAME AND ADDRESS;F EMPLOYED LESS THAN STi\>iTI~.G OAf:: "IVE vFARS FIVE YEARS ENDING DA TE ENDING DA TE REFERENCE i RELATI - I f'E~4 ;"1('r>JSH'P I I Brother N...,';'': ANG "DCRr_SS C\~ '\it:i,.q;: . ','CO,_t..""':', T-j':)";' UV:NGWrTH YOU ~ SO!' NEAREST RELATIVE NOT L1VI':G 'Anrl YOU L I Payne ,,:J~.'F PHQtJE (717)-486-7225 :e '-~,jNA ';1'J;UAI_ G'lr)UP, 1980,82, B4, B6, 89, 2000, All RIGHTS RESERVED AXX123 (lAS'OR: 27!:J60 WHAT YOU OWE CREDITOR NAME OTHER THAN THIS CREDIT UNION IAttach additional sheet!s) if necessary) INTEREST RATE Credit Union SVFCU VISA Credit Union SUSQUEHANNA VALLEY F. C. U. Credit Card ALLF!RST (JT 1/2) Cred; t Card k PENNEY Credit Card LO~ES Credit Card CAP\TAl ONE BANK Credit Card CAPI~L ONE BANK Credit Card CITl-~ Oil Credit Card MBNA A~RICA Credit Card lOWES/M~A Credit Card HMEDPT/MS\A Credit Card GEeS/AUTO \ LIST ANY NAMES UNDER WHICH YOUR CREDIT \f-lENCES AND CREDIT HISTORY CAN BE CHEC~.rC WHAT YOU OWN LIST LO~ON OF PROPERTY OR FINANCIAL INSTITUTION $ _ __----L-=-_ $ $ $ $ $ $ $ $ $ $ TOTALS $ MARKET VALUE \ \ \ '\ \ \ \ $ $ $ $ $ $ $ PRESENT BALANCE 971.00 $ 28,902.04 $ $ $ $ 505.00 $ 460.00 $ 726.00 $ 480.00 $ 558.00 $ 424.00 $ 484.00 $ 155,961.04 $ MQNTHL Y OWED BY PAYMENT APPLICANT OTHER 60.00 X 370.09 '-- 12.50 , 8.00 , 31.00 , 15.00 , 15.00 x 21.00 X 15.00 x 20.00 x 17.00 , 12.50 , 1 ,799 . 09 PLEDGED AS COLLATERAL FDA ANOTHER LOAN OTHER INFORMATION ABOUT YOU I If YOU AN~ER' YES" TO ANY QUESTION OTHER THAN #1, EXPLAIN ON AN ATTACHED SHEET 1. ARE YOU A U.s CITIZEN OR PERMANENT RESIDENT4L1EN? \ 2 DO YOU CURRENTLY HAVE ANY OUTST4NQING .JUOGMENTS OR HAVE,\OU EVER ~ILED FOR BANKRUPTCY. HAD A DEBT ADJUSTMENT PLAN CONFIRMED UNDER CHAPTER 13, HAD PAOPERTY FORECLOSED UPCN 0\ REPOSSESSED iN THE LAST 7 YEA.qS, OR BEEN A PARTY IN A LAWSUIT I j IS YOUR INCOME: LIKELY TO DECLINE 'N THE rH,XT TWO YEARS? \ 4 ARE YOU A CD-MAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT L;ST,\ ABOVE? FOR WHOM iName ut Omel$ Obligated 0" l0<Jlli \ TO WHOM (Name 01 CredilOli' STATE LAW NOTICES I ?HtO RESIDENTS ONLY:. The OhiO:~WS unless the Credit Union is furnished a copy of the agreement. statement or against diSCrimination reqUire that all credl rs decree, or has actual knowledge of Its terms, before the credit is granted make credit equally available to all creditworthy customers, and that cre it or the account is opened. (2) Please sign if you are not applying for this reporting agencies maintain separate credit histories on each individu I accoun.t or loan with your spouse. The credit being applied for, if granted, upon request. The Ohio Civil Rights Commission administers compliance will be incurred in the interest of the marriage or family of the with this law. underSIgned. WISCONSIN RESIDENTS ONLY; (1) No provision of any marital property I\v agreement, unilateral statement under Section 766.59, or court decree 11('. under Section 766.70 will adversely affect the rights of the Credit Union SIG~TURE FOR WISCONSIN RESIDENTS ONL y SIGNATURES\ 1. You promise that everything you have stated in this application is 2. If yo are applying for a credit card, you understand that the use of correct to the best of your knowledge and that the above information is a your car will constitute acknowledgment of receipt and agreement to the complete listing of what you owe. If there are any important changes you terms of e credit card agreement and disclosures. You grant us a will notify us in writing immediately. You authorize the Credit Union to security int est in all individual and joint share and/or deposit accounts obtain credit reports in connection with this application for credit and for you have w us now and in the future to secure your credit card any update, increase, renewal. extension or collection of the credit account. Whe you are in default, you authorize us to apply the balance in received. You understand that the Credit Union will rely on the information these accounts any amounts due. Shares and deposits in an Individual In this application and your credit report to make its decision. If you Retirement Acco t, and any other account that would lose special tax request, the Credit Union Will tell you the name and address of any credit treatment under state or federal law jf given as security, are not subject to bureau from which it received a credit report on you. It is a federal crime the security interest\:,ou have given in your shares and deposits. to WIllfully and de1ib'erately prOVide lOcomplete or lncorreCf information on loan appllcatlOM ~de to fede~~1 credit umpns /or state chartered credit unIOns Insur;d ~,y ,CUA // / P' [X I Ill/! d#//Nj'g:'Jfp APPLlCANr~(GNATURE II / ~'i ,SEAU/i)1 Jt',f,Jl OATt Ilx; .'a~ OTHE~ATURE >> /v FOR CREDIT UNION USE ONLY DATE APPROVED i..IMITS LINE OF CREDIT OTHER S'GNA TURE )( A?PRQvED -.j DENIED (Adverse AC[Jon NOl,ce Seen] s $ s 10/28/2002 ILOAN OI'"FICER COMMENl S SIGNATURES: X I x -j!,%~,/, / d.. I~ " , ,-,-" \ \, / OWNED BY APPliCANT OTHER APPLICANT OTHER Yes OTHER s , Yes No No No No No No DATE rSEAL) /'/'-2,) -z::,:.: II DATE OEST R.A TIO/SCORE BEFORE AFTER 45.5000 ~lAF DATE PAGE 2 .\'(XI2,',u,',;>-R',}/':',(;" CREDr OR NAME OTHER THAN THIS CREDIT UNION INTEREST MONTHLY uWED 8Y WHAT YOU OWE (Attllchaddftionalsheet(s\ifMCeSsartl RAT!: ~ESi:NT BALANCE PAYMENT APPUCANT OTHER Credi t Union SVFCU V I SA $ 971.00 $ 60.00 X Credit Union SUSQUEHANNA VALLEY F. C. U. . $ 28,902.04 $ 370.09 , Credit Card AlLF1RST (JT 1/2) $ $ 12.50 , Credit Card JC PENNEY $ $ 8.00 , eredi t Card LO~ES $ $ 31.00 , Credit Card CAPITAL ONE BANK $ 505.00 $ 15.00 X Credit Card CAPITAL ONE BANK $ 460.00 $ 15.00 X Credit Card CtTI~BP OIL $ 726.00 $ 21.00 , Credit Card MBNA AMERICA $ 480.00 $ 15.00 X eredi t Card LO~ES/MBGA $ 558.00 $ 20.00 , Credit Card HMEDPT/M8GA $ 424.00 $ 17.00 X eredi t Card GECS/AUTO $ 484.00 $ 12.50 X LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED TOTALS $ 155,961.04 $ 1,799.09 WHAT YOU OWN UST lOCATION OF PROPERTY OR FINANCIAL INSTITUTION MARKET VALUE PLEDGED AS COLLATERAL FOR ANonlEA LOAN OWNED BY APPUCANT OTHER $ $ $ $ $ $ $ --r IF YOU ANSWEA '.yes" TO ANY OUESTlON OTHER THAN #1. EXPLAIN ON AN ATTACHED SHEET OTHER INFORMATION ABOUT YOU 1. AAE YOU A U.S, CITIZEN OR PERMANENT RESIDENT ALlE.N? 2. DO YOU CURRENTlY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER !"ILED FOR BANKRUPTCY, HAD A DEaT ADJUSTMENT PLAN CONFIRMED UNDEA CHAPTER 13. HAD PROPERTY FQRECLOSfD UPON OR REPOSSESSED IN THE LAST 7 YEARS. OR BEEN A PARTY IN A LAWSUIT) APPLICANT OTHER Yes Yes No No No No No No 3. IS YOUR INCOME LIKELY fO DECLINE IN THE NEXT TWO YEARS? 4 ARE YOU A CO.MAKER, CO.SIGNER OR GUARANTOR ON ANY LOAN NOT liSTED ABOVE' FOA WHOM {Name 01 Others Obligated on Loan;: TO WHOM {Name 01 Creditor!: STATE LAW NOTICES IOHIO RESIDENTS ONLY: The Ohio laws . I against discrimination require that all creditors make credit equally available to all creditworthy customers. and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. unless the Credit Union is furnished a copy of the agreement, statement or decree, or has actual knowledge of its terms, before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan with your spouse. The credit being applied for, if granted, will be incurred in the interest of the marriage or family of the undersigned. WISCONSIN RESIDENTS ONLY: 11) No provision of any marital property IX agreement, unifateral statement under Section 766.59, or court decree under Section 766.70 will adversely affect the rights of the Credit Union SIGNATUREFOR WISCONSIN RESIDENTS ONLY DA.TE .... ... .. 2. If you are applying for a credit card. you understand that the use of your card will constitute acknowledgment of receipt and. agreement to the terms of the credit card agreement and disclosures. You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure your credit card account. When you are in default. you authorize us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account. and any other account that would lose special tax treatment under state or federal law if given as security. are not subject to the security interest you have given in your shares and deposits. . . . SIGNATURES 1. You promise that everything you have stated in this application is COHeet to the best of your knowledge and that the above information is a complete listing of what you owe. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to obtain credit reports in connection with this application for credit and for any update, increase. renewal, extension or collection of the credit received. You understand that the Credit Union will rely on the information in this application and your credit report to make its decision. If you request, the Credit Union will tell you the name and address of any credit bureau from which it received a credit report on you. It is a federal crime to willfully and deliberately provide incomplete or incorrect mformation on loan appllcatron.& ~de to fede}ql credit ~l1Jf'ns/9r state chartered credit unions jnsur~cr1~t,CUA // ~/-~ P' /I X /1 J'lP// a',A//M~j APPUCA~t$jIGNATURE /I I T . H/ jSEAu/OI-..l~rrJI DATt ~ X~~~ OTHE ATURE \SEA'>.) /?-.?~Y ?'c~ DATE AY,.~t:b,. / -- FOR CREDIT UNION USE ONLY UNE OF CREOIT otHER OTHER DEBT RATIO/SCORE 8Et:ORE:: AFTER 45.5000 DATE APPROVED LIMITS: SIGNATURE ~ A?PRQVED DENIED (Adverse Action Nori,e Sent) $ 10/28/2002 LOAN OFFICER COMMENTS SIGNATUReS: X DATE $ $ $ x DATE PAGE 2 .\.x X I 23 'I A StO~: 2 7 ~~~r ~ _7 S1JSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill. PA 17011-7809 [717) 737-4152 HOW TO APPL Y: Complete alL sections Sign on signature iine Return compLeted form to credit union An incomplete or unsigned form may delay process'ng '1.1""\ A..... II.! .:'.l'I.I"....!I'i.I'~ .'~"D. '. !D..lit"!ll;1'11 II~ ,___ _____' ","_' '_ _._'.' """__',f", Open-End Plan Signatures I I I I =l I BURRf;W'CR' NAME Oaris Ann Carter 4CCOUNT NUMBeR 12928 BORRiY,'if-R 1 NA.r.<f o.CCOUN, :';\j~J18!::h CREDIT AGREEMENT This LOANLlNER Credit Agreement, which includes the Truth In Lending Disclosures, will be referred to as "the Plan." The Plan documents include this agreement and an Addendum. "You", "your" and "borrower" mean any person who signs the Plan "Credit Union", "we" I "our" and "us" mean the Credit Union whose name appears on the Plan or anyone to whom the Credit Union transfers its rights under the Plan. ,. HOW THIS PLAN WORKS -- This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called "advances") under 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. The Addendum describes the different types of credit (called "subaccounts") available under the Plan. the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT -- We may, but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT -- You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different day at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a sub- account. 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 share draft account. you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Unless otherwise required by law, payments will be applied to amounts owed under the Plan, in the manner the Credit Union chooses. 4. PLAN ACCESS -- You can obtain credit advances in any manner authorized by us. If we allow you to use your ATMlDebit card to access the Plan, you may be liable lor the unauthorized use of your A TMlDebit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible 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 $50.00. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your A TM/Debit card. even if the withdrawal results in an advance being made from your overdraft subaccount. 5. 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 (continued on next page) SIGNA TURES 1. You have received and read the LOANLlNER Credit Agreement, including the Addendum ("Agreement") and a Credit Insurance Certificate. By signing below you agree to be bound by the terms of the Agreement. CUNA MUTUA,L G9QUP. 1 Sl80. 82, 84, 86. 89. 98. 2000. ALL RIGHTS RESERVED When you are in default, you authorize us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account, and any other account that would lose special tax treatment under state or federal law if given as security, are not subject to the security interest you have given in your shares and deposits. Ilx: :Z[t. , I .:.......--:' /' //,"i~' (- ,-. iSEA".' .,-', .~I DAiE FLEXIBLE AGREEMENT SYSTEM 131..;:023 IlAScR) 27360 BORROWER 2 SiGNATiJRE CREDIT UNION COPY Susquehanna Valley Federal Credit Union Date 10/28/2002 Daris Ann Carter L CREDIT AGREEMENT payments and credits to that balance have been subtracted 10. JOINT ACCOUNTS ,- If thIS is a JOint accounL each 0 f and any additions to the balance have been made. In you is individually and jointly responsible for paying all addition to interest, we may charge other finance charges amounts owed. That means we can enforce our rights which are disclosed on the Addendum. If the interest rate is under the Plan against anyone of you individually Or a variable interest rate, the Addendum explains how the against all of you together. If you give us inconsistent variable interest rate works. instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances made to the 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. 6. 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. If credit union has a federal charter: Statutory Lien -- If you are in default on a financial obligation to us, federal law gives us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default. we may exercise this right without further notice to you. (We have a federal charter if our name includes the term "Federal Credit Union. It) If credit union is state chartered, 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 Ijen andlor 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 sub- account. 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 toans 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. 7. PROPERTY INSURANCE -- You will be required to purchase property insurance on certain types of security that you give for advances. You may purChase the property insurance from anyone you choose that is acceptable to the Credit Union. 8. CREDIT INSURANCE -- Credit life and/or credit disability insurance is optional under the Plan. If you qualify for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we will prOVide any notices required by applicable law. g. PERIODIC STATEMENT '- On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices will be Sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to anyone of you will be notice to all. CU"lA rv1I,JTIJAL (;40u;> . l8U '12 8"", ':l6,'l9 'ole, 2(11)0. ALL. HIGH~S RESERVED 11. 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. 12. UPDATING CREDIT INFORMATION -- You promise that you will promptly give us written notice if you move, change your name or employment, or if any other infor- mation you provided to us changes. Upon our request, you also agree to provide us updated financial information. 13. WAIVER ". We can delay or waive entorcing any of our rights under this Plan, including your obligation to make timely payments, without losing our right to enforce the terms of the Plan at a later time. If the law makes any term!s) of the Plan unenforceable, the other terms will remain in effect. 14. DEFAULT The following paragraph applies to borrowers in Idaho, Kansas, Maine and state chartered credit unions lending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. vou 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. You will also be in default if breaking any promise made under a Security Agreement made in connection with an advance, 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 folio wing paragraph applies to borfo wers in all other states and federally chartered credit unions lending to South Carolina borrowers: 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 (Continued on next pagel CREDIT UNION COPY iLtX:'BLE AU:lC"MH...f :;YS~:M K x x () 2 ~ !L "'-5," ) i Pone " Susquehanna Valley Federal Credit Union Date 10/28/2002 Oaris Ann Carter CREDIT AGREEI\IIENT payments and credits to that balance have been subtracted 10. JOINT ACCOUNTS .- If this is a joint account, each of and any additions to the balance have been made. In you is individually and jointly responsible for paying all addition to interest, we may charge other finance charges amounts owed. That means we can enforce our rights which are disclosed on the Addendum. If the interest rate is under the Plan against anyone of you individually or a variable interest rate, the Addendum explains how the against all of you together. If you give us inconsistent variable interest rate works. instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other/s) to obtain advances individually and agrees to repay advances made to the otherlsl. 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. 6. 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. If credit union has a federal charter: Statutory lien -- If you are in default on a financial obligation to us, federal law gives us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this right without further notice to you. (We have a federal charter if our name includes the term "Federal Credit Union. ") If credit union is state chartered, 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 andlor 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 sub- account. 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. 7. PROPERTY INSURANCE .- You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose that is acceptable to the Credit Union. 8. CREDIT INSURANCE -- Credit life andlor credit disability insurance is optional under the Plan. If you qualify for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance. your payments may increase or the period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. 9. PERIODIC STATEMENT -- On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing, Unless applicable law requires notice to each joint borrower, notice to anyone of you will be notice to all. .gCUNA MUTUAl GROuP '':;)30 !12 84. !l6S9. 98. 2000. AL_L RIG~TS RESERVED 11. 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. 12. UPDATING CREDIT INFORMATION -- You promise that you will promptly give us written notice if you move, change your name or employment, or if any other infor- mation- you provided to us changes. Upon our request, you also agree to provide us updated financial information. 13. WAIVER -- We can delay or waive enforcing any of our rights under this Plan, including your obligation to make timely payments, without losing our right to enforce the terms of the Plan at a later time. If the law makes any term(s) of the Plan unenforceable, the other terms will remain in effect. 14. DEFAULT The following paragraph applies 'Jo borrowers in Idaho, Kansas, Maine and state chartered credit unions lending to South Carolina borrowers: 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. You will also be in default if breaking any promise made under a Security Agreement made in connection with an advance, 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 and federally chartered credit unions lending to South Carolina borrowers: 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 (Continued on next page) CREDIT UNION COPY FLEXIBLE AGREEMENT SYSTEM 8XX023 !tASfi'll ;>7850 S ';qur:har,'lu Va! ley Federal Credit Union 10/28/2002 Date L I - Wisconsin Statutes You will be notified of any changf-l in terms. 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 Pian 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 terrns of the Plan continues whether vou or the credit union cancel the Plan. except to the extent that your liability is limited bv Section 422.4155 of the Wisconsin Statutes. CREDIT AGREEMENT 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 infor- mation, or if something happens we believe may sub- stantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us. 15. ACTIONS AFTER DEFAULT -- The fol/owing paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia, Wisconsin and state chartered credit unions lending to South Carolina borrowers: 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 al/ other states and to federally chartered credit unions lending to South Carolina borrowers: 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 paragraph applies to all borrowers: 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, at the default rate disclosed on the Addendum. If a demand for immediate payment has been made, your s~lares 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 law when you are in default, and any rights we have under any Security Agreements you have with us. 16. CANCELLING OR CHANGING THE PLAN The following paragraph applies only to state chartered credit unions lending to Illinois borrowers: 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 The following paragraph applies only to borrowers in Iowa: We can change the terms ot the Plan from time to tirne 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 jf 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 foJJo wing paragraph applies to borro wers in all other states and federally chartered credit unions lending to Illinois borrowers: We have the right to change the terms of the Plan from tjme 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, wdl 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. 17. The following is required bV 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. 18. NOTICE TO UTAH BORROWERS: This written agree- ment 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. SIGNATURE FOR CREDIT UNION USE ONLY DEBT RA flO/SCORE 8~;:OR" ,'FE;; DA ~~ L APPROVED i iD~_~HiJ I IIAdve'S>1 Actlor1 NotlceSer1!! $ ts'PADVED I !.: ~,1 ! T S I LOA'\! OFFIC~R COMMENTS SIGNATURES: DARts HAS A CREDIT SCORE OF 511. SHE HAS LATES x DATE ") C\!"JA MUTUAL GI,OUP. 1980, 82. 84, 86. 89. 98, 2000, ALL RIGHTS RESERVED LINE OF CREOIT OTHER OTHER $ $ $ 45.50000 x DATE CREDIT UNION COPY FLEXIBLE AGR~e"'ENT SYSTEM 3XX02) IlA3ERI 27860 .~ ~/ SUSQUeHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 17011-7809 (717) 737.4152 CREDIT INSURANCE I.i~r\ '."i,A.. U,.'l" "jL, 1lllirS, "g, ,'. I~.",",~ - ,I,~"," You can protect your financial future by signing up for voluntary credIt insurance below. Enroll by sImply indicating your preference ;n the "Credit Insurance Application" section below. Your credit union will be happy to explain the various insurance options and coverage. The cost IS reasonable. CREDIT INSURANCE APPLICATION & SCHEDULE "You" or "Your" means the member and the joint insured (if applicable!. Credit insurance is voluntary and not required in order to obtain your loan. You may select any insurer of your choice. You have established an open~end loan Plan with the Credit Union. Your Loan Plan may consist of one or more Loans. You are applying to the Society for credit insurance. You authorize the charges for insurance to be added to your Loan Balance each month and understand that interest will accrue on these charges the same as it accrues on amounts of advances which are added to your Loan Balance. ft. CUM MUTUAL GROUP PO Bo;.: 391 . 5910 Mineral POInI Roao Madison, WI 53701-0391 Phone' 8001937.2644 \ ,'U,\>\ Mufl/Ui h'\1I(1I/1(':' \()ii('!~ DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY BLANK SPACES. This application is void and will not be used in a contest if all blank spaces have not been completed. if the member has not signed and dated the Application, and if the Application has not been witnessed. NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. MFM8ER MEMBER'S OA TE OF BIRTH 12928 10/28/2002 037.1661-8 SECONDARY BENEFICIARY ilF you DESIRE TO NAME ONEI Daris Ann Carter JOINT INSURED MEMBER 08/22/1954 JOINT INSURtO'S DATE OF BIRTH CATHERINE G MCCLEAF 04/15/1946 12928 ACCOU~JT NUM8FR DflTE OF ISSUE GROUP "'OllC'" 'JUM8ER ~)r ThiS '::ERTiF'CliT:: 4CCOUNT NUM8EH THE FOLLOWING STATEMENTS MADE BY YOU ARE REPRESENTATIONS AND ARE TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF: CREDIT DISABILITY INSURANCE YES NO COVERAGE SELECTED CREDIT LIFE INSURANCE YES NO COVERAGE SELECTED x SINGLE CREDIT DISABILITY PREMIUM SCHEDULE SEE SEPARATE RA TE SCHEDULE ON THIS DATE. ARE YOU PHYSICALLY WORKING FOR A X SALARY OR WAGES A MINIMUM OF 25 HOURS A WEEK' ARE YOU MAXIMUM AGE X UNDER AGE 65? FOR JNSURANCE NONE* MAXIMUM MONTHlV TOTAL *UNDER CREDIT LIFE AND DISABILITY, DISABILITY BENEFIT THE MAXIMUM ELIGIBILITY AGE FOR COVERAGE IS 65, ~ITH NO MAXIMUM $850.00 1 TERMINATION AGE REQUIREMENT. If you are totally disabled for more than 14 days. then the disabiiity b fit will begin with the 15th day of disability. SIGNATURt: MEMBER me sure to c eck cine of the. X / ...; , . iWITNE /G2e-oZ APP.801-0786PA X SINGLE CREDIT LIFE COST PER $100 OF YOUR MONTHLY LOAN BALANCE $ .070 COST PER $100 OF YOUR MONTHLY LOAN BALANCE $.123 , JOINT CREDIT LIFE ARE YOU MAXIMUM AGE UNDER AGE 65 , FOR INSURANCE NONE' MAXIMUM INSURABLE BALANCE *UNDER CREDI T L I FE AND Dr SA8i L I TY. PER LOAN ACCOUNT THE MA.XIMUM ELIGIBILITY AGE FOR COVERAGE IS 65, WITH NO MAXIMUM TERMINATION AGE REQUIREMENT. OAT ~'" /. "-"),~ -"-- DATE ~ 1(; -ze-cZ X APP.811-0786PA CREDIT UNION COpy \PA402ILASER) ~ SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill. PA 17011-7809 (717) 737-4152 :LQO;HUND . _~~_ '~ __. . . _____ ,.0( BORROWER 1 NAME Daris Ann Carter BORROWER INFORMATION ACCOUNT NUMBER 12928-1 Open-End Voucher and Security Agreement I AMOUNT REQUESTED s 14,047.15 "'",TO 10/28/2002 BORRO'"ER. 1 ADDRESS 1400 ~arwick Road Camp Hi l t, PA 17011 '-iOME TELEPHONE NUMBER (717)-612-8458 SOCIAL SEC:U~ITf rill-MOlE.. 399-58-9539 ;>~JRPOSE Consol idation BORROWER 2 NAME CATHERINE G MCCLEAF .o.CCOUNT NUMBER DEPOSIT CHECK IN .....CCOUNT M.,MBi:"l,or....eR 12928 80R<iOI,\'ER 2 ADDRESS '17 BOSLER AVE. LEMOYNE, PA 17043-1926 SOCIAL SECUR,,, NUMBER 194-42-9361 CHECI( PA YO,8lE TO REPAYMENT METHOD Cash BORROWER 1 EMPLOYER NAME JOHN GROSS MESSENGER SERVICE BORROWER 2 EM PLOYER NAME \.JSSD NOTICE: VOU DON'T HAVE TO INCLUDE INCOME FROM CHILD SUPPORT, SEPARATE M~'NT!:~lA~ICE. OR ALIMONY UNLESS YOU WAN, THE :;RED!T L:fJi~~J TO CONSIDER IT WORK TELEPHONE NUMBER DATE HIRED GROSS MONTHL Y SALARY '2,753.36 WORK TELEPHONE. NUMBER DA TE HIRED 02/16/1981 GROSS 'Ii10r~THL Y -"AlAlh 5 1,929.03 SOURCE OF Q,HEA INCOME OTHER MQNTI-<L'Y" INCOME WHAT YOU OWE LIST ALL OEeTS OTHER THAN TO THIS CREDrT UNION (Attach adaitionat sheeCls) il necessary.1 PRESENT 8t.LANCE MONTHL Y PA '(MEN"!' (:UPRENT INTEREST RATE CAPITAL ONE BANK CAPITAL ONE BANK CITI -BP OIL MBNA AMERICA 505.00 15.00 460.00 15.00 716.00 21.00 480.00 15.00 SUBSEQUENT ELECTION FOR VOLUNTARY PAYMENT PROTECTION '.'i, '.'~ "0 You can now voluntarily elect to become insured with the coverage(s) shown below. !n order tor coverage to become effective you must meeT all eligibility requirements stated in the Credit Insurance Application/Schedule. A, statement of insurability must be completed if you are adding coverage more than 30 days after the date of your advance. Details of this insurance coverage are included in the Insurance Certificate 'Nhich yOU received with your Credit Agreement. Ask us if you need a copy of the Insurance Certificate. You agree to the terms of the insurance election checked below and you authorize us to add the charges for the InsuranCi: to your outstanding balance each month. Yo~r payment ;:Imount will increase or you will be required to make additional payments. Coverage election applies to the entire balance on this subaccount. Insurance rates are subject to change. YOU ELECT THE FOLLOWING: YES Single Credit Disability '0 YES Single Credit Life NO Joint Credi t Life COST PER 5100 OF YOUR MONTHLY LOAN SALANCE ~lAME OF !N5UAEO(S! REPAYMENT TERMS I >- DAILY PERIODIC RATE ANNUAL PERCENTAGE RATE INTEREST RATE IS: OTHER FEES IAmount and Oescription) NEW BALANCE THIS SUBACCOUNT ....I .033699% % 12.30000 % Fixed $ N/A ' 14,047.15 Z 0 MOUNT ADVANCED PAYMENT AMOUNT DATE DUE PAYMENT FREQUENCY LINE OF CREDIT LIMIT REMAINING LIMIT W ,14,047.15 ' 331.40 11/28/2002 Monthly , , <J) ::> Your term will be approximately 60 payments, which may be more or less, depending on whether you prepay. have Z late payments, or insurance is added, etc. 0 Z SECURITY OFFERED I X I CONSUMERS' CLAIMS AND DEFENSES -- IF CHECKED SEE PARAGRAPH 6 FOR NOTICE I ::> !:: THE ADVANCE IS SECURED BY YOUR SHARES, ALL PROPERTY SECURING OTHER PLAN ADVANCES AND LOANS RECEIVED IN THE PAST OR IN THE FUTURE, AND THE FOLLOWING 0 PROPERTY/MODEL YEAR 1.0. NUMBER VALUE KEY NUMBER W !?2~9!H~9' 't::R I CAT 0000 d Jf( a: , u G.....,udet:;.(lA'N,- live. (J, /77(lt.",I,-n!J,. . , a: A LNVI. , 0 J , "- PLEDGE OF SHARES ACCOUNT PLEDGE OF SHARES ACCOUNT ANDIOR DEPOSITS , NUMBER ANDIOR DEPOSITS , NUMBER . SIGNATURES' . . I SEE SEPARATE RATE SCHEDULE .070 .123 Daris Ann Carter Daris Ann Carter By signing below, by endorsing the proceeds check or by using the amount advanced and deposited into your share/share draft account you agree: 1. To make and bound by the terms of thi ecurity Agreement inCluding the cross collateral clause: 2. The above in r tion is true correc a the Credit Union will rely on that information and your credit report to make a credit decision; 3. To make pa me ts as disclo ove' c ance with the terms of your Plan. !SEAL~ ...;/' '-?'j/r.' 01, lSEAl) //' ./.tJ /' DATE - BORROW;; IGNATUAE ( ~SIT IS'ALI I-D- RE x (SEALI SIG"lATUFlE DOWNER OF COLLATERAL lather than a Borrower) R OF COLLATERAL IOlher than a Borrower) DATE ~ CUNA MUTUAL GROUP 1980 82,84 86,89,98 99,2000 ALL RIGHTS RES VXX064 ILASERI 27860 susquehanna ValLey Federal Credit Union Dar)s Ann Carter Date 10/~B/2002 SECURITY AGREEMENT In this agreement all references to "credit union," "we," "our" or "us" mean the credit union whose name appears all this agreement and anyone to whom the credit union assigns or transfers this agreement, All references to "you," "your" or "borrower" mean each person who signs this agreement. You have previously executed an open. end agreement ("Plan") with the credit union (loan number speCified above) under which you may receive credit from time to time. If you are required to provide security in connection with a particular extension of credit (" Advance" I the property that is security will be described on a receipt, voucher or other document that you receive at the time of the Advance. That property description and the terms below together constitute the Security Agreement. Some of the provisions of this agreement apply only if the credit union is state chartered. A credit union is state chartered if its name does not include the words "Federal Credit Union" or "FeU." 1. 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 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 tram 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. 2. WHAT THE SECURITY INTEREST COVERS -- The security interest secures 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 bv 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. 3. OWNERSHIP OF THE PROPERTY -- You promise that you own the 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 anothel creditor until the Advance is repaid. You promise you wili allow no other security interest or lien to attach to the property either by your actions or by operation of law, 4. PROTECTING THE SECURITY INTEREST n 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. 5. USE OF PROPERTY -- Until the Advance has been paid off. you pro~ise you will: (1) Use the property carefully and keep it in good 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 unlawful purpose. 6. CONSUMERS' CLAIMS AND DEFENSES NOTICE The foJ/owing paragraph applies only when {he box on page one is checked. OJ CUNA MUTUAL (,ROUP, ; 980, i::I2 84, 1:!6, '3':1 g~. ":;9 200G AU.. RIGHTS RESERVEO OfJ4UMER.! 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 PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 7. PROPERTY INSURANCE. TAXES ANO 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 tor. 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 insurance and get a refund, we have a right to the refund. It the property is lost or damaged. we can use the insurance settlement to repair the property or apply it towards what you owe. You authodze us to endorse any draft Dr check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. Vou 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 mOlley 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 the Advance may include (1) the insurance company's payments to us and (21 the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the Advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the Advance. 8. 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 insurance will not be liability insurance and win not satisfy any state financial responsibility or no fault laws. 9. DEFAULT.... The following paragraph applies only to Wisconsin borrowers. You will be in default if breaking any promise you make under this agreement materially impairs the condition. value, or protection of or our rights in any property you give as security. You will also be ~Il default under this agreement if you are in default under the Plan. The following paragraph applies to all other borrowers: You will be in default if you break any promise you make under this agreement. You will also be in default it you are in default under the Plan. 10. WHAT HAPPENS IF YOU ARE IN OEFAUL T -- The following paragraph applies to borrowers in Colorado. District of Columbia. Iowa. Kansas, Maine. Massachusetts. Missouri, Nebraska, West Virginia and state chartered credit unions lending to South Carolina borrowers. 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 fol/owing paragraph applies to borrowers in aI/ other states and federally chartered credit unions lending to South Carolina borrowers. When you are in default, we can require immediate payment (accelerationl of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of CRED11 UNION COpy ,/XX064 rcASER) 77860 ;;q~ ~ lQ"~'l'I"" c .; ft,' Ii :!- ~'~ I --'-" c' _ _' IteR, SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill. PA 17011-7809 (717) 737-4152 I BORROWi'R 1 NAME Oaris Ann Carter B01'<::]';";; ,\DDRESS 1400 Warwick Road Camp Hi ll, PA 17011 BOR,1(l"Af::R 2 NAME CATHERINE G MCCLEAF ROR<1eV,fY ;_' M)[)"f::SS 117 BOSLER AVE_ LEMOYNE, PA 17043-1926 BORROWER 1 EMPLOYER NAME JOHN GROSS MESSENGER SERVICE RORROVI/ER:' EMPLOYER NAME WSSD BO WER INFORMATION Open-End Voucher and Security Agreement _________.____J ~ ;' MfiOUl\iT RE'OUbTfC 14,047.15 ACCOUNT NUMBtR 12928-1 lO/28/W02 -,0ME ~~LEPHONE NUMBER (717)-612-8458 SOCIAL SEe':::';H-; MN"t,~ 399-58-9539 ,"WY';f- Consol idatior ""(COUNT 'JUMBER c)El-'li9T U'E,CK IN AC:CJ: ,"~T r~l,,\i18~hi'" -"cH 12928 SOCltlL SECGR,T' N'..~,"I:iE" 194-42-9361 r:'-"f::CK "AYll..8U U) REP4YMENT ~M:TH',J[) Cash 'N(}R~ TELEF'hO~JE ~Jur,'18E" DATE HIRED ;ROSS MO,\jThl\';,<\:.."S' '2,753.36 GRUS:'; 1,.;IU;"",i" s,\~,::."', WORK TELEPhOI~E NUMcH DATE i-'IHE[J 02/16/1981 s 1.929.03 SOURCE OF O"'HER i~COME UTHF,R ,'~(jNTHI '~Jcorv't NOT<n' yOU DON'T HAVE TO '''''''~FC:':^',~!, OR ALIMONY U~:,ESS YOU \'/A'JT T<;~ :9O:S'T u~;:cr! TO WHAT YOU OWE LIST AU DEBTS OTHER THAN TO THIS CREDIT UNION PRESENT 8AlANC!' MONTHLY PAY'VI~"'T ',jP<=li:NT 'NT",Rf'ST R_ATE CAPITAL ONE BANK CAPITAL ONE BANK CIT !-BP OIL MBNA AMERICA 505.00 15.00 460.00 15.00 726.00 21.00 480.00 15.00 SUBSEQUENT ELECTION FOR OLUNTARY PAYMENT PROTECTION "0 You can now voluntarily elect to become insured with the coverage(s shown below, In order for coverage to become etter:tive you IllUSt f\leer illl eligihilitv requirements stated in the Credit Insurance Application/Schedu A statement of insurability must be completed if Vall <Ire adding coverage more than 30 days after the date of your advance. Details of this insuranc coverage are included in the Insurance Certlficat':l which you re(:f~i'Jnd \.vilh your Credit Agreement. Ask us if you need a copy of the Insurance Certifica .. You agree to the terms at the insurance election r:heck8d below and you authorize us to add the charges for {he insurance: to your outstanding balance ach month. Your payment ;;Imount will Increase or you wilt be required to make additional payments. Coverage election applies to the entire balance on t 'subaccount. Insurance rarcs are sublect to change. YES Single Credit Disability NO YES Single Credit Life NO Joint Credit life YOU ELE:CT THE FOllOWING >- OAll Y PERIODIC RATE ...J Z o .033699% % MOUNT ADVANCED ~ $ 14,047.15 :J Your term wi II Z Late payments, o Z => !::: o w <I: U <I: o u.. SECURITY OFFERED COST PER 5100 OF "OUR MONTHLY LOAN BALANCE Daris Ann Carter IJAME o~ 'N,:,;i,'1rrl'S' Daris Ann Carter SEE SEPARATE RA TE SCHEDULE .070 .123 REPAYMENT TERMS ANNUAL PERCENTAGE RATE 12.30000 0'0 prepay. have INTEREST RATE IS OTHER FEES iAmoun NEW BALANCF T"f-'IS SUBACCOUNT 5 14,047.15 Fixed 5 NjA PAYMENT AMOUNT S 331.40 DATE DUE 11 /28/2002 PAYMENT FREQUENCY Monthly liNE OF CREDIT LIMIT $ REMAINING LIMIT be approximately 60 payments, which may be or insurance is added, etc. x CONSUMERS' CLAIMS AND DEFENSES -- IF CHECKED EE PARAGRAPH 6 FOR NOTICE rHo A~V.l,NCE IS SECURED BY YOUR SHARES. ALL PROPERTY SECURING OTHER PLAN ADVANCES AND LOA;\S "ECEII/to il\ THE pt"ST FFH)",~I'-'--YMODEL YEAR 1.0. NUMBER ,1'1 IN THE n:TURE /\',J~ THE FOl'_O\fl;".W; V'ALUE K.EY NUMP."R Wggqq^' ,r-R I C'!' T G....unJct: .(lA'~ ilve. (j, 0000 /I 4(' .mtZ c!,t"lll) u $I .' .'.J.j.....-vt PLEDGE OF SHARES ANOiOR DEPOSITS $ 50Ri'lGWE GNATURE DATE IIX SIG'JATURE DOWNER OF COlLATE"AlIOther Ihall a Borrower! ACCOUNT NUMBER PLEDGE OF SHARES AND/OR DEPOSITS ACCOUNT NUMBER SIGNATURES ISEAU/V") Ilx~<T:. 80""10\, . 2 SIGNATURe: :~I OAE II '---:/')/(i- , ,~/ ::... '-- ~/ IS::4c.I// I$U'L) 1IIIx S:GNATURE 0 OWNER OF COLLATERAL I01h", Irn" a onrwwwl :)A:E (5E.';1.I CREDIT UNION COPY VXX06-i ILASUil 27R~C ~LJ,"A MUTUAL GROUP. 1980,32.84,86.89,98,99,2000. ",<LL RIGHTS RESERVED Susquehanna Valley Feder-al Credit Union Dar i s Ann Car ter Date 10/28/2002 :ntent to accelerate and notice of acceleration. The following paragraphs apply to all borrowers. You agree the Credit Union has the right to take possession of the 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. We will not be responsible for any other property not covered by the agreement that you leave inside property or that is attached to the property. We will try to return that property to you or make it available to you to claim. A fter we have possession of the property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale 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. The rest of the sale money will be applied to what you owe under the Plan. If you have agreed to pay the Advance. you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Advance and to what you owe under this agreement. 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 CinlClunt ha~ h88fl pard 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -- We can delay enforcing any ot our rights under this agreement any number of times without lOSing the abilrty to exercise our rights later We can enforce thrs agreement against your heirs or legal representatIves. If we change the terms of the Plan, you agree that this agreement will continue to protect us 12. CONTINUED EFFECTIVENESS If any part of thiS agreement is determined by a court to be unenforceable. the rest will remain in effect 13. 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. 14. 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 penalty for unlawful failure to return a motor vehicle is one year in prison andior a fine of $150,000 THE PROPERTY DESCRIPTION ON PAGE ONE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON PAGE ONE. 'l~Qli;:STED MEMBER PAYS PREMIUI,I1 FOR i'lRAhCH NUMBER FOR CREDIT UNION USE ONLY rJA,f ApOROVED SIGNATURE liMns X APPF~OVED DENIED IA<Jverse Action Notir.e Senti $ 10/28/2002 WAN OFFICER COMMENTS SIGNATURES X DATE n CUNA MU-:-UAL GROUP. 1980. 82. 84. 86. 89. 9B. 99. 2000. ALL RrGHTS RESERVED CHECK Nt;M8ER PLANiSU8ACCOIJNl .'JO LINE 0'- C'lfD'T 'J;-f'ER PROCESSED 8Y LNS OTHER :J~BT'-1ATO:SCORt BEFORE AFTER $ 45.50000 % $ $ X DATE CREDIT UNION COPY VXX064 {LASER) 27860 @ SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hilt, PA 170'1-7809 (717) 737-4152 lir\.A ,A fiill' II LJllr'IS" 'n 16.~.. ! If~, 1_ -._____,' '_,- _.' ,'~ .'" ____'_ ,-R Notice to Cosigner You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to sure you can afford to pay if you have to, and that you want to accept this responsibility. Bel I I I You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection: costs, which increase this amount. I The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection 1 methods against you that can be used against the borrower. such as suing you, garnishing your wages. etc, If thiS debt is ever in default, I that fact may become part of your credit record. ! i I This notice is not the contract that makes you liable for the debt. Guaranty Agreement BASIC GUARANTY - To induce credit to Carter, Dar i s Ann you (the "Guarantor(s)"), jointly including principal and interest $14,047.15 at 12.3% interest per year with a interest under borrower's LOANLINER account. and severally if more than Susquehanna Valley Federal Credit Union (the "Credit Union"') to lend money or give (the "Borrower"). n~..?92~___ .. _______ (Account Numberl. one. guarantee prompt and full payment, when due. the following debt. minimum monthly payment of $331.40 unti l the outstanding balance has been paid plus You promise to pay any costs of collecting the amount you owe under this agreement including court costs and reasonable attorney's fees. I WHEN YOU MUST PAY -- If the Borrower fails to pay the debt when due, you promise to pay the debt to the Credit Union upon demand. The Credit Union can demand that you pay the debt even if it does not try to collect from the Borrower and without enforcing any security interests the Borrower has given the Credit Union. SECURITY n You pledge all shares and/or deposits in any of your joint and individual accounts at the Credit Union as security for your promise. The Credit Union has the right to apply your shares andlor deposits towards what you owe if you are in default under this Agreement. Shares andlor deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest you have given in your shares and deposits. NO NOTICE REQUIRED -- This guaranty remains in effect even though you are not given notice of the following: (1) If the Borrower fails to pay any amount due. 121 Of any action taken by the Credit Union with respect to property given by the Borrower as security for the debt. (3) Of any new debts with the Credit Union incurred by the Borrower. (4) Of any renewal, extension or substitution of any of the Borrower's debts. 151 Of the acceptance by the Credit Union of this guaranty. PAYMENTS -- The Credit Union has the right to apply payments by the Borrower to any of the Borrower's debts in any order the Credit Union elects. YOU MAY BE SUED -- You may be sued for payment of the debt if the Borrower is in default and you do not pay the amount you have guaranteed OTHER GUARANTORS -- If more than one Guarantor signs this Agreement. the Credit Union can release or settle with any of the Guarantors at any time without affecting the liability of the others. NO WAIVER OF RIGHTS -- The Credit Union can delay enforcing any of its rights under this Agreement without losing them. WHO IS BOUND u Each person who signs below is bound jointly and severally. The Credit Union can enforce this Agreement against your heirs and legal representatives. ----- ---- ------ -----.- -----..- - ---- -.- --.- -. SIGNATURES - -- P'- -----.- --- --.- ISEAlI/~~N~ ',,:~-~;~-(f ~~lC ~ -.. _. ---.-., NAME CATHERINE G MCCLEAF II :-r /. L-(. (J , "7 Y/fe'(, ISEAul (; -7~ u -I GUAR~~ DATE WITNESS DATE NA\-1E NAME '.- (SEA EX"".'" ISEALI GUARANTOR I C- OATE CUNA MurUAL GROUP. ) 980,82.84,86,89.98. ALL RIGHTS RESERVED GXX 11 0 iLASERI 27860 L SUSQUEHANNA ~ ~ VALLEY FEDERAL CREDIT UNION Statement of Account Date: December 28, 2005 Maker: NONE Co maker: Catherine G. McCleaf Home Address: ]] 7 Bosler Avenue Lemoyne, P A 17043 Home Phone Number: 717-6]2-8458 Work 717-938-9577 X 261 Our Account Number: 12928-1 Your File #: 3] 983 Maker Social Securitv # NONE - Co maker Social Security: # 194-429361 Principal Amount Owed Interest Owed Penalty (20 % of Principal& Interest) Late Payment Fee: Total Amount Claimed: $9,188.97 $487.74 $1,920.26 $-0- $] 1,596.97 ~ LOCAL: (7~~~~;~~~~;DALi I . '1)' ' A 17011-7809 FAX: (717) 737-0589 ~ DEC-30-2005 15:16 SUSO. VAL. FCU 7174412022 P.Ol/Ol VERIFICATION I, SUSAN 1. WASILITION, LOANS/COLLECTION MANAGER of SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION ~ Dated; J2}3DjD~ . 31983 F:IUSERIROBlNICCP&DJ CMPSICC? COM?LAlNTSlsvfcu.3198 3. wpd:30D<c05 5 m^..,~. "" "'... TOTAL P.Ol ~ i4. AJ Cl ......' 0 G V"\ ,:-;.~ c,; ".-, -n c;:'--' 1yl \:L l!l ...; (... i~;~2:; =-.- < "1 -," , - II'- () .coo ..:c \ ~ ~ """'" }J V1 ....:r (;? "f'.,"" (f"l ~ :~ ~ f",,) ~ SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Plaintiff v CATHERINE G. McCLEAF individually and as personal guarantor for DARIS ANN CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006,-00074 : CIVIL DIVISION - LAW PRAECIPE TO SUBSTITUTE VERIFIGATION TO THE PROTHONOTARY: Please substitute the attached Verification to Plaintiff's Complaint that was filed on January 4, 2006, in the above-captioned matter. Respectfully submi1ted, KNUPP, KODAK AND IMBLUM, P.C. ~/ ,~~~ Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney 1.0. No. 18041 Attorney for Plaintiff DEC-30-2005 10:49 KNUPP KODAK & IMBLUM 717 23B 715B P.06 VERIFICATION I, SUSAN 1. W ASILITION, LOANS/COLLECTION MANAGER of SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, verify lhat the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904, relating to unsworn falsification to authorities. SUSQUEHANNA V AJl,LEY FEDERAL CREDIT UNION Dated: 12}3()jo~ 31983 F:IUSER\ROBINICCP&DJ CMPSICCP COMPLAINTSIsvfcu.31983.wpd:30Dec05 5 TOTAL P.06 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on December 16,2005, I served a true and correct copy of the PRAECIPE TO SUBSTITUTE VERIFICATION in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: CATHERINE G. McCLEAF 117 BOSLER AVENUE LEMOYNE, PA 17043 KNUPP, KODAK & IMBLUM, P.C. /~~ ~~ Robe D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney 1.0. No. 18041 Attorney for Plaintiff Dated: January 5. 2006 ;-,"' C:-.:J " ~_... L. 1 G', -i,.' C:l r,) (.,., .-1 ~-'.: -n r-;l F~~, ,. :~-I () i-Il t ' SHERIFF'S RETURN - REGULAR CASE NO: 2006-00074 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA VALLEY FEDERAL CRE VS MCCLEAF CATHERINE G ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCCLEAF CATHERINE G the DEFENDANT , at 1540:00 HOURS, on the 9th day of January 2006 at 117 BOSLER AVENUE LEMOYNE, PA 17043 by handing to CATHERINE MCCLEAF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 14.08 .39 10.00 .00 42.47 So Answers: .~ // .-0" ~,~~/ ,'/,' -. ,~-:::;~- .?r~:;" ~~~;~J-:;;-'.t:~o~':~ 1./ ~" R. Thomas Kline 01/10/2006 KNUPP KODAK IMBLUM Sworn and Subscribed to before By-,/, '>J,,~ 13~ ~puty Sheriff "" me this d,S - day of (tq::r i/~D ~ rothonotary , ~ I. . SHERIFF'S RETURN - REGULAR CASE NO: 2006-00074 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA VALLEY FEDERAL CRE VS MCCLEAF CATHERINE G ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCCLEAF CATHERINE G PERSONAL GRANTOR FOR DARIS ANN CARTER the DEFENDANT , at 1540:00 HOURS, on the 9th day of January 2006 at 117 BOSLER AVENUE LEMOYNE, PA 17043 by handing to CATHERINE MCCLEAF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 /-."..~.~;/ ",. .... .~t,~-..,-,~. L..R if R. Thomas Kline me this J.6'e- day of 01/10/2006 KNUPP KODAK IMBLUM // ~ By: ~;::;_/~u+ ~~ ~uty Sheriff Sworn and Subscribed to before .q~ d.-=~ A.D. (i fL,.....- Q ~ :~O.. 0 10.,';- '---tProthonotary 1 ~ SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2006-00074 CAlHERINE G. McCLEAF individually and as: CML DIVISION - LAW personal guarantor for DARIS ANN CARTER, Defendants TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) CATHERINE G. McCLEAF individually and as personal guarantor for DARIS ANN CARTER, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $11,596.97 Interest from December 29, 2005 at Agreement rate of 12.3% per annum $178.31 Total $11,775.28 It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached. ~? BY'~ 9M,p.C. / Robert D. Kodak, Attorney for Plaintiff DATED: Judgment entered and damages assessed as above. Robert L. Knupp Robert D. Kodak Gary J. Imblum LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law@verizon.net f ~l r ('lflB" f"~' ~. ~_Ri~. ng upp ( 19) Robert H. Maurer (1923-1998) January 31, 2006 CATHERINE G McCLEAF - INDIVIDUALLY 117 BOSLER AVENUE LEMOYNE PA 17043 RE: Susquehanna Valley Federal Credit Union VS: Catherine G. McCleaf, Individually and Personal Guarantor for Daris Ann Carter No. 2006-00074 Civil, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 31983 Dear Ms. McCleaf: In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, PC. Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDKlkqb enclosure cc: SUSAN J WASILlTION LOANS/CO SUSQUEHANNA VALLEY FCU 3850 HARTZDALE DRIVE CAMP HILL PA 17011-7809 #12928-1 r.'f: f , ";,;,~.:.... ~'"""... 4. SUSQUEHANNA VALLEY FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . NO. 2006-00074 CATHERINE G. McCLEAF individually and as personal guarantor for DARlS ANN CARTER, Defendants . CIVIL DIVISION - LAW IMPORTANT NOTICE TO: CATHERINE G. MCCLEAF, INDIVIDUALLY, Defendant(s) DATE OF NOTICE: JANUARY 3 L 2006 YOU ARE IN DEF AUL T BECAUSE YOU HAVE F AlLED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU UNLESS YOU ACT WITIilN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, 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 AGENCIESTHAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PAl 70 13 (717) 249-3166 EXHIBIT I~ Robert L. Knupp Robert D Kodak Gary J. Imb1um LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law@verizon.net - , i I j - j ~ i Robert Ewing Knupp (1909-1976) Robert H. Maurer (1923-1998) January 31,2006 CATHERINE G McCLEAF - PER GUAR FOR DARIS ANN CARTER 117 BOSLER AVENUE LEMOYNE PA 17043 RE: Susquehanna Valley Federal Credit Union VS: Catherine G. McCleaf, Individually and Personal Guarantor for Daris Ann Carter No. 2006-00074 Civil, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 31983 Dear Ms. McCleaf: In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDKlkqb enclosure cc: SUSAN J WASILlTION LOANS/COLL MGR SUSQUEHANNA VALLEY FCU 3850 HARTZDALE DRIVE CAMP HILL PA 17011-7809 #12928-1 I A I'""" ""1; ':. rr, ,r f s i i';~ ! <', l ~ J:,!~,.,., , .. }f SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYL VANIA Plaintiff v. : NO. 2006-00074 CATHERINE G. McCLEAF individually and as personal guarantor for DARIS ANN CARTER, Defendants : CIVIL DIVISION - LAW IMPORTANT NOTICE TO CATHERINE G. MCCLEAF. PERSONAL GUARANTOR FOR DARIS ANN CARTER, Defendant( s) DATE OF NOTICE: JANUARY 3 L 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO illRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY BAR ASSOCIATION TWO LffiERTY AVENUE CARLISLE P A 17013 (717) 249-3166 118fT c ;;c) p -w.. ~ ~ S- f!:- -II - D ~1 ---1 ,"'-\ -~L r \) ..:, "- ~ ~, ~ - D -_l j ~ ~ - -..() -..... (U w D C,) - , --0 ~ R en (1 ---.. .' ..^~.~-,..,.~^.~_._.._~-_.,-~._._-,." . . . , SUSQUEHANNA VALLEY FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2006-00074 CATHERINE G. McCLEAF individually and as: CIVIL DMSION - LAW personal guarantor for DARlS ANN CARTER, : Defendants TO: CATHERINE G. MCCLEAF. INDIVIDUALLY, Defendant(s) You are hereby notified that on ~ ,~ I 7 (Judgment) has been entered against you in the above-captioned case. , 200~the following Judl!lllent entered in the amount of $11.775.28. DATE: ;J. In /ora I I Prothonotary I hereby certifY that the name and address of the proper person( s) to receive this notice is: CATHERINE G McCLEAF 117 BOSLER AVENUE LEMOYNEPA 17043 AI CATHERINE G. MCCLEAF. INDIVIDUALLY, Defendido/a Defendidos/as Por este medio se Ie esta notificando que el de del 2005, el/Ja siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: CATHERINE G McCLEAF 117 BOSLER AVENUE LEMOYNEPA 17043 Abogado del Demandante SUSQUEHANNA VALLEY FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2006-00074 CATHERINE G. McCLEAF individually and as: CML DIVISION - LAW personal guarantor for DARIS ANN CARTER, : Defendants TO: CATHERINE G. MCCLEAF. PERSONAL GUARANTOR FOR DARIS ANN CARTER, Defendant(s) You are hereby notified that on }- cl /7 ' 2cr:i:. the following (Judgment) has been entered against you in the above.captioned case. )udgment entered in the amount of $11.775.28. r DATE r:l/n/r"k I hereby certity that the name and address of the proper person(s) to receive t is notice is: CATHERINE G McCLEAF. PER GUAR FOR DARIS ANN CARTER 117 BOSLER AVENUE LEMOYNE PA 17043 Ai CATHERINE G. MCCLEAF. PERSONAL GUARANTOR FOR DARIS ANN CARTER, Defendido/a Defendidoslas Por este medio se Ie esta notificando que el de del 2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: CATHERINE G McCLEAF - PER GUAR FOR DARIS ANN CARTER 117 BOSLER AVENUE LEMOYNE PA 17043 Abogado del Demandante