HomeMy WebLinkAbout07-2273IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. ('~~1 - a,2~'3
CREDIT UNION, .
Plaintiff
vs.
JAMES M. BALABAN
Defendant
CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
C~~~L`Te..,t
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 the Complaint and notice are
served, by entering a written appeazance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You aze wazned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. You
aze 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 relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)249-3166
(800)990-9108
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM iJN DEL CONDADO DE
CUMBERLAND, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION, ,
Plaintiff .
vs.
JAMES M. BALABAN .
Defendant CIVIL ACTION -LAW
AV I S O PARR DEFENDER
Conforme a PA Num. 1018.1
LISTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender
conta la demands puestas en las siguientes paginas, usted tienen que tomaz accion dentro
veinte (20) digs despues que esta Demands y Aviso es servido, con entrando por escrito
una apazencia personalmente o por un abogado y azchivando por escrito con la Corte sus
defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si
falls de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado
contra usted por la Corte sin mss aviso por cualquier dinero reclamado en la Demands o
por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero
o propiedad o otros derechos importante Para usted.
LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI
LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA
OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON
INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA
PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN
OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO
REDUCIDO O GRATIS.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)249-3166
(800)990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION, .
Plaintiff
vs. .
JAMES M. BALABAN .
Defendant
NO. 0 7- ~~ 73 ~-P ~u•~-~-
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and
through its attorneys, Melissa L. Van Eck, Esquire and states the following cause of action and in
support thereof, avers as follows:
1. Plaintiff, Pennsylvania State Employees Credit Union, is a financial institution
qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place
of business situate at 1 Credit Union Place, Harrisburg, Dauphin County, Pennsylvania.
2. Defendant, James M. Balaban, is an adult individual with a last known address of
911 Woodland Drive, Lemoyne, PA 17043-1211.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a Personal Service loan and Visa loan. A true
and correct copy of said applications aze attached hereto, incorporated herein and mazked as
Exhibit "A".
5. The applications submitted by Defendant was approved by Plaintiff.
6. Pursuant to the loan applications marked as Exhibit "A", Defendant agreed to the
terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security
Document #: 180057.1
Agreement (hereinafter referred to as "Contract"). A true and correct copy of the Loanliner
Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit
«B~~
7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "B".
8. Various charges and payments were made by Defendant on the account.
9. Defendant has defaulted on the loans by failing to make timely and regular
payments.
10. The last payment made by Defendant was on July 12, 2006.
11. Defendant was required under the contract to make regular and timely payments.
12. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
13. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendants.
14. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant have
failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of April 11, 2007, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Ten Thousand SeventeenDollars and 82/100 ($10,017.82).
Document #: 180057.1
17. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on
the principal loan balance.
18. Pursuant to the terms and conditions of the extension of credit as set forth in
Exhibit "B", Defendant agreed to pay reasonable attorney's fees and all court and collection
costs.
19. Plaintiff has retained the services of Melissa L. Van Eck, Esquire of Van Eck &
Van Eck, in the collection of the amounts due and owing by Defendant.
20. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees
from said law office incident to the within action, and Plaintiff shall continue to incur such
attorney's fees throughout the conclusion of the proceedings.
21. The amount of attorney's fees incurred in this matter is the sum of Two Thousand
Twenty-Eight Dollars and 56/100 ($2,028.56).
22. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
23. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
Document #: 180057.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
James M. Balaban, in the amount of Ten Thousand Seventeen Dollars and 82/100 ($10,017.82),
plus interest, reasonable attorney's fees in the amount of Two Thousand Twenty-Eight Dollars
and 56/100 ($2,028.56), the costs of this action, and such other relief as the Court deems just and
proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
F
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 180057.1
VERIFICATION
I, Bonnie L. Berkoski, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which I have
furnished to counsel, as well as upon information which has been gathered by counsel and/or others
acting on my behalf in this matter. The language of the Complaint is that of counsel and not my
own. I have read the Complaint, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Complaint is that of counsel, I have relied upon such counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint
are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
/ ~'~•
Bonnie L. Berkoski
Date: ~ D
Doc:uuenl a: 180122. /
EXHIBIT "A"
t
PERSONAL SERVICE LOAN AND VISA ACTIVATION NOTICE
July 20, 2000
Loan
Information' SS #: 178-38-6611 Applicant: JAMES BALABAN
Ref #: 117474 598
Approval Amount: $10,000
Home Telephone #: 717 737-9722 Work Telephone #: 717 731-1400
Signature: I acknowledge receipt of the PSECU LOANLINER Disclosure and Credif
Agreement and agree to be bound by the terms set forth in said agreement.
,~C~r,~~._.- ~l~Co a
Sig re of JAMES BALABAN Date
~~~
9~
• I would like an immediate PSL advance of $ .PURPOSE:
Send a ^ check, or ^ deposit to my S4 (MoneyHandler/Checking Shares)
• Select your Personal Service Loan repayment option. ~/
^ Payroll deduction ^ Automatic Transfer ^ Direct Payment ,~ Homebanking
^ Self Service Telephone
. I ant ^ do not want overdraft protection from my Personal Service Loan.
• I would like an immediate VISA advance of $ .PURPOSE:
Send a ^ check, or deposit to my S4 (MoneyHandler/Checking Shares)
• You may have one additional card issued on your VISA account. Indicate your choice below:
^ Please issue an additional card in the name below. I authorize himfier to use it and I accept full responsibiNty
for ail charges and/or cash advances just as though I made them. Authorized card holders may not order
replacement cards or obtain VISA account Information (i.e. detailed transactions, balance information, payment
activity). JAMES BALABAN must sign below.
Name of Authorized Card Holder Sign a of JAMES BALABAN
SCANNED
EXHIBIT "B"
~K~
Pe
Em>olo
P.O. Box 67013 • Harrisburg, PA 17106-7013 • . (777) 234-8484 Harrisburg, (800) 237-7328 Nationwide
Loan Disclosures
This LOANLINER° Credit and Security 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, our and us mean PSECU or anyone to whom the
Credit Union transfers its rights under the Pian. This is a multi-state document which
may be used to lend to borrowers in all states.
1. 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 Ume. 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
date 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 subaccount. You may repay all
or part of what you owe at any time without any prepayment penalty. Even if you
prepay, you will still be required to make the regularly scheduled payments unless
we agree in writing to a change in the payment schedule. If you have a joint share
draft account, you will be responsible for paying all overdraft advances obtained by
a joint holder of the share draft account. Payments will be applied in the order 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 ATM/Debit card to access the Plan, you may be liable
for the unauthorized use of your ATM/Debit card. You will not be liable for
unauthorized use that occurs after you notify us, orally or in 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
advances directly from the Plan, your liability will not exceed $50. 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 ATM/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
ari advance if you have not yet made a payment) is multiplied by the applicable daily
periodic rate. The sum of these amounts is the finance charge owed. The balance
used to compute the finance charge is the unpaid balance each day after payments
and credits to that balance have been subtracted and any additions to the balance
have been made. In addition to interest, we may charge other finance charges which
are disclosed on the Addendum. If the interest rate is a variable interest rate, the
Addendum explains how the variable interest rate works.
6. SECURITY INTEREST -The Plan is secured by the shares and deposits in all
joint and individual accounts you have with the Credit Union now and in the future.
Shares and deposits in an Individual Retirement Account and any other account
which 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.
Additional security may be required depending on the subaccount under which an
advance is requested. For example, a subaccount called "New Car Advances"
means the security will be a new car. A subaccount called "Other Secured
Advances" means you must offer security acceptable to the Credit Union for the
advance. Property given as security for any advance under the Plan will secure all
other amounts you owe under the Plan or under any other Agreement with us now
or in the future. Property securing other loans with us may also secure the Plan.
However, if you have given your dwelling as security for a loan with us, that dwelling
will not secure an advance made under the Plan.
7. PROPERTY INSURANCE,TAXESRND FEES -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 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
®CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 97, ALL RIGHTS RESERVED
through a policy you get and pay for. You promise to make the insurance policy
payable to us and to deliver the policy or proof of coverage to us 'rf asked to do so.
If you cancel your insurance and get a refund, we have a right to the refund. If the
property is lost or damaged,, we can use the insurance settlement to repair the
property or apply it towards what you owe. You authorize us to endorse any draft or
check which may be payable to you in order for us to collect any refund or benefits
due under your insurance policy. You promise to pay all taxes and fees (like
registration fees) due on the property and to keep the property insured against loss
and damage.
If you do not pay the taxes or fees on the property when due or keep it insured, we
may pay these obligations, but we are not required to do so. Any money we spend
for taxes, fees or insurance will be added to the unpaid balance of the advance and
you will pay interest on those amounts at the same rate you agreed to pay on the
advance. We may receive payments in connection with the insurance from a
company which provides the insurance. We may monitor our loans for the purpose
of determining whether you and other borrowers have complied with the insurance
requirements of its loan agreements or may engage others to do so. The insurance
charged added to your advance may include (1) the insurance company's payments
to us and (2) the cost of determining compliance with the insurance requirements. If
we add amounts for taxes, fees or insurance to the unpaid balance of your 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.
9. 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
beyond the approximate term stated on the Addendum. The credit insurance rates
may change during the Plan. If the rates change, we will provide any. notices
required by applicable law.
10. 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 any one of you will be notice to all.
11. JOINT ACCOUNTS - If this is a joint account, each of you is individually and
jointly responsible for paying all amounts owed. That means we can enforce our
rights under the Plan against any one of you individually or against all of you
together. If you give us inconsistent instructions, we can refuse to follow your
instructions. Unless our written policy requires all of you to sign for an advance, each
of you authorizes the other(s) to obtain advances individually and agrees to repay
advances made to the other(s).
12. 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 so,
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. Those fees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
13. 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
information you provided to us changes. Upon our request you also agree to provide
us updated financial information.
14. DEFAULT -The following paragraph applies to borrowers in Idaho,
Kansas, Maine and South Carolina: You will be in default if you do not make a
payment of the amount required when it is due. You will also be in default if we
believe the prospect of payment, performance, or realization on any property given
as security is significantly impaired.
The following paragraph applies only to borrowers In Wisconsin: You will be in
default if you fail to make a payment when due two times during any 12-month
period. You will be in default if breaking any promise made under the Plan materially.
impairs your ability to repay what you owe. 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 the 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
PSECU FORM 53146
JBXX0601-1 037-2092-1 (3/00)
LOANLINER' Credit and Security Credit Aare (continued)
you do not comply with the terms of the Plan and your failure to comply materially
impairs any property you gave as security of your ability to repay what you owe
under the Plan.
The following paragraph applies to borrowers In all other states: You will be in
default if you do not make a payment of the amount required when it is due. You will
be in default if you break any promise you made under the Plan or if anyone is in
default under any security agreement made in connection with an advance under
the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you
make any false or misleading-statements in any credit application or update of credit
information, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will also be in default under the Plan 'rf you are in
default under any other loan agreement with us.
15. ACTIONS AFTER DEFAULT -The following paragraph applies to
borrowers In Colorado, District of Columbia, lows, Kansas, Maine,
Massachusetts, Missouri, Nebraska, West Virginia and South Carolina: 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 fo borrowers in all other states except,
Wisconsin and Louls/ana: 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 foNowing paragraphs apply to borrowers In all states except, Wlsconsln
and Louisiana: If immediate payment is demanded, you will continue to pay interest
until what you owe has been, repaid, at the applicable interest rates in effect unless
a default rate is disclosed on the Addendum. If a demand for immediate payment
has been made, the shares and deposits given as security for the Plan can be
applied towards what you owe. We can also exercise any other rights given by law
when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security for an advance 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 this Agreement, ;that you leave inside the property or that is attached to the
property. We will try to return that property to you or make it available to you to claim.
After 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 §506(b) of the Bankruptcy Cade.
The rest of the sale money will be applied to what you owe under the Plan.
16. ACTIONS AFTER DEFAULT -WISCONSIN -The following paragraph
applies only to Wlsconsln borrowers: When you are in default and after expiration
of any right you have under applicable state law to cure your default, we may require
immediate payment of your outstanding loan balance under the Plan and seek
possession of the property. You may voluntarily give the property to us if you choose,
or we may seek to take possession of the property by judicial process. If we
repossess the property, you agree to pay reasonable expenses incurred indisposing
of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile,
boat or aircraft, you will also be required to pay any costs permitted by Section
422.413 of the Wisconsin Statutes.
17. ACTIONS AFTER DEFAULT -LOUISIANA -The following paragraph
applies onty to Louisiana 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. If immediate payment is demanded, you will continue to pay
interest until what you owe has been repaid at the applicable interest rates in effect
unless a default rate is disclosed on the Addendum. If a demand for immediate payment
has been made, the shares and deposits given as security for the Plan can be applied
towards what you owe. We can also exercise any other rights given by law when you are
in default and our rights under any security agreements you have with us.
18. CANCELLING OR CHANGING THE PLAN -The following paragraph
applies only to borrowers in Illinois: We have the right to change the terms of
the Plan from time to time after giving you any advance notice required by law. Ariy
change to the interest rate or other charges will apply to future advances.
The following paragraphs apply only to borrowers In Wlsconsln: We can
change the terms of the Plan from time to time in accordance with Section 422.415
of the Wisconsin Statutes. You will be notified of any change in terms. An increase
in the daily periodic rate under a variable rate interest rate is not considered a
change in terms under the Plan.
We can cancel the entire Plan or any part of the Plan at any time. You may cancel
the Plan at any time by giving us prior written notice. Your obligation to pay the
unpaid balances under the terms of the Plan continues whether you or the credit
union cancel the Plan, except to the extent that your liability is limited by Section
422.4155 of the Wisconsin Statutes.
The following paragr~pPlies only to borrowers in Iowa: We can change the
terms of the Plan from ti a to time after giving you any advance notice required by
law, A change that increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otheruvise adversely affects existing
balances will apply to existing balances only if you agree to the change or you use
the Plan after receiving notice that your use of the Plan means you agree the
change applies to existing balances. ,
The following paragraph applies to borrowers !n all other states: We have the
right to change the terms of the Plan from time to time after giving you any advance
notice required by law. Any change in the interest rate will apply to future advances,
and at our discretion, and subject to any requirements of applicable law, will also
apply to unpaid balances.
The following paragraph. applies to aq borrowers other than Wlsconsln
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 can cancel the Plan at any time. Your obligation to
pay the unpaid balances under the terms of the Plan continues whether you or the
Credit Union cancel the Plan.
Sections 21-25 apply if you give security in connection with an advance under
the Plan. They apply to borrowers in all states except Louisiana. Louisiana
borrowers will execute a separate security agreement. Borrowers in other
states may also be asked to execute a separate security agreement.
19. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can
delay enforcing any of our rights under this Plan any number of times without losing
the ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of the Plan, you agree that this Plan
will continue to protect us.
20. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a
court to be unenforceable, the rest will remain in effect.
21.-.THE SECURITY FOR THE LOAN -You give us what is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an Advance ("the Advance'. The security interest you give includes all
accessions. Accessions are things which are attached to or installed in the property
now or in the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling
the property or from insurance you have on the property. If the value of the property
declines, you promise to give us more property as security if asked to do so.
22. WHAT THE SECURITY INTEREST COVERS -The security interest secures
the Advance described in the receipt, voucher or any other document you receive at
the time of the Advance and any extensions, renewals or refinancings of the
Advance. It also secures any other advances you have now or receive in the future
under the Plan and any other amounts or loans, including any credit card loan, you
owe us for any reason now or in the future, except any loan secured by your principal
residence. If the property is household goods as defined by the Federal Trade
Commission Credit Practices Rule, the property will secure only the Advance and
not other amounts you owe.
23.OWNERSHIP OFTHE PROPERTY-You promise that you own the property 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 if as security for a loan with another creditor until the Advance is
repaid. You promise you will allow no other security interest or lien to attach to the
property either by your actions or by operation of law.
24. PROTECTING THE SECURITY INTEREST - If your state issues a title for the
property, you promise to have our security interest shown on the title. We may have
to file what is called a financing statement to protect our security interest from the
claims of others. If asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property.
25. USE OF PROPERTY -Until the Advance has been paid off, you promise 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.
26. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR
VEHICLE.THE MOTOR VEHICLE INTHISTRANSACTION MAY BE SUBJECTTO
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.
27. VERMONT NOTICE TO CO-SIGNER - YOUR
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE
EQUALLY LIABLE FOR REPAYMENT OFTHIS LOAN. IFTHE
BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL
RIGHT TO COLLECT FROM YOU.
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 ABOUTYOUR STATEMENT
If you think your statement is wrong, or if you need more information about a
transaction on your statement, write us on a separate sheet at the address listed on
your statement. Write to us as soon as possible. We must hear from you no later
than 60 days after we sent you the first statement on 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.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error.
If you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or
report you as delinquent. We can continue to send statements to you for the amount
you question, including finance charges, and we can apply any unpaid amount
In this Agreement, the words you and your means each and all of those who apply
for the card or who signs this Agreement. Card means the VISA Credit Card and any
duplicates and renewals we issue. Account means your VISA Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY - If we issue you a card, you agree to repay all debts and
the Finance Charge arising from the use of the card and the card account. For
example, you are responsible for charges made by yourself, your spouse and minor
children. You are also responsible for charges made by anyone else to whom you
give the card, and' This responsibility continues until the card is recovered. You
cannot disclaim responsibility by notifying us, but we will close the account for new
transactions if you so request and return all cards.Your obligation to pay the account
balance continues even though an agreement, divorce decree or other court
judgment to which we are not a party may direct you or one of the other persons
responsible to pay the account.
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After
hours call (800) 556-5678.
3. LIABILITY FOR UNAUTHORIZED USE -You understand that your total
liability to the Credit Union shall not exceed $50 for any card transactions resulting
from the loss, theft or unauthorized use of the card that occurs prior to the time you
give notice to the Credit Union. Such liability does not apply when the card is used
to make electronic fund transfers. The Credit Union uses neural networks, which by
artificial intelligence can recognize and alert us to potential fraudulent transactions.
These alerts may generate inquiries about your use of the card and we apologize
for any inconvenience this might cause.
4. CREDIT LINE - If we approve- your application, we will establish aself-
replenishing Line of Credit for you and notify you of its amount when we issue the
card.You agree not to let the account balance exceed this approved Credit Line. Each
payment you make on the account will restore your Credit Line by the amount of the
payment which is applied to the principal. You may request an increase in your Credit
Line only by written application to us, which must be approved by our credit committee
or loan officer. By giving you written notice we may reduce your Credit Line from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us, or our adverse reevaluation of your crediiworthiness.You may also terminate this
Agreement at any time, but termination by either of us does not affect your obligation
to pay the account balance. The cards remain our property and you must recover and
surrender to us all cards upon our request and upon termination of this Agreement.
5. CREDIT INFORMATION -You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing
your Previous Balances of purchases and cash advances, the current transactions
on your account, the remaining credit available under your Credit Line, the New
Balances of purchases and cash advances, the Total New Balance, the Finance
Charge due to date, and any other billed fees, and the Minimum Payment required.
Every month you must pay at least the Minimum Payment within 25 days of your
statement closing date. By separate agreement you may authorize us to charge the
minimum payment automatically to your share or checking account with us. You may,
of course, pay more frequently, pay more than the Minimum Payment, or pay the
Total New Balance in full, and you will reduce the finance charge by doing so.
The minimum payment will be (a) 2% of your Total New Balance, rounded up to the
next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total
against your credit limit. You ~o not have to pay any questioned amount while we are
investigating, but you are still obligated to pay the parts of your statement that are
not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a 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,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
New Balance exceeds your Credit Line, you must immediately pay the excess upon our
demand. We will apply payments in the following manner: first to previous late fees,
then to previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to cilYrent cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES -You can avoid Finance Charge on purchases by paying
the full amount of the New Balance of Purchases each month within 25 days of your
statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate as disclosed on the addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate.
Balance Computation Method
Average Daily Balance for Purchases -The Average Daily Balance for Purchase
Transactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daily Balance for purchases.
Average Daily Balance for Cash Advances -Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases.
The Average Daily Balance is calculated separately for Cash Advances and is
subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for
Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for cash each day, we take the following steps:
We take the outstanding balance (all amounts you owe) at the start of the day. Then,
in the sequence in which amounts are posted to your account, we add the amounts
of all debits and subtract the amounts of all credits or payments which post to your
account that day. After applying payments and credits, we subtract the amount of
any unpaid Finance Charges or Late Charges. Then we also subtract the amount of
any Purchase Transactions that posted to your account on that day or in any
previous day in the billing cycle. This gives us the Daily Balance for Cash Advance
Transactions. Note: Cash Advances are always subject to finance charges and
from the day they are posted to your account.
Payments are applied in the following manner: first to previous late fees, then to
previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the particular type of debt which is being credited, if any, and then
to the balance of your account.
V/SA• Credit Card Agreement and Truth In Len~lsc/osure (continued)
Note also that if the total of the payments and credits which are posted to your
account by the Payment Due Date shown on a statement is equal to or exceeds the•
New Balance shown on that statement, we will not apply the.Monthly Periodic Rate
to your Account on your next statement.
8. DEFAULT -You will be in default if you fail to make any Minimum Payment
within 25 days after your monthly statement closing date. You authorize us to transfer
funds sufficient to make the minimum payment due if your VISA loan is in default.
You agree that we may temporarily suspend your ATM card access if your VISA
payment is due for a period exceeding 30 days. You will also be in default if your
ability to repay us is materially reduced by a change in your employment, an
increase in your obligations, bankruptcy or insolvency proceedings involving you,
your death or your failure to abide by this Agreement, or if the value of our security
interest materially declines. We have the right to demand immediate payment of your
full account balance if you default, subject to our giving you any notice required by
law. To the extent permitted by law, you will also be required to pay our collection
expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures to be followed. One is for you to present the card to a
participating VISA plan merchant, to us or another financial institution, and sign the
sales or cash advance draft which will be imprinted with your card. The other is to
complete the transaction by using your Personal Identification Number (PIN) in
conjunction with the card in an Automated Teller Machine or other type of electronic
terminal that provides access to the VISA system.You agree that you will not use your
card for any transaction that is illegal under applicable federal, state, or local law. The
monthly statement will identify the merchant, electronic terminal or financial institution
at which transactions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement. You will retain a copy of such slips furnished at the time
of the transaction in order to verify the monthly statement. The Credit Union may make
a reasonable charge for photocopies of slips you may request.
10. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a
credit slip which we will post to your account. If your credit and payments exceed
what you owe us, we will hold and apply this credit balance against future purchases
and cash advances, or if it is one dollar or more, refund it on your written request or
automatically after six months.
MONEY ACCESS CARD CARDHOLDER AGREEMENT -The Undersigned (you
or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION (we, our and us) issuing to you a MONEY ACCESS CARD, hereby agree
to be legally bound by the following terms and conditions. You agree that the use of
your MAC card(s) constitutes acceptance of the terms and conditions of this
Agreement. You understand that MAC is acredit-related service and you authorize
PSECU to obtain a credit report on any users of this account.
1. Accounts and Uses of MONEY ACCESS CARD
You have the account(s) (including Checking and Regular Shares), which we set
forth on your application form with this Agreement. You hereby request that we
issue to you one or more MONEY ACCESS CARD(s) to be used in connection
with such accounts as described in this Agreement.
You understand you may use the MONEY ACCESS CARD at a MONEY
ACCESS CENTER• to (1) withdraw cash from, (2) make or arrange for deposits
in, (3) effect transfers to or from your account, (4) receive information regarding
the balance in your account(s) or (5) make cash advances from your credit
account(s) in the amounts you request. You may also use automated teller
machines throughout the United States and in certain foreign countries which
bear the PLUS SYSTEM• name and logo (1) to make withdrawals from, (2) effect
transfers to or from, (3) receive information regarding the balances in your
Checking or Regular shares. If you have a Personal Service Loan approved and
in place, you may also make a cash advance from your PSL. You further
understand you may use the MONEY ACCESS CARD to purchase goods and
services ("Purchase") at any retail establishment ("Merchant') where MONEY
ACCESS CARDs are accepted by such Merchant. If you use the MONEY
ACCESS CARD to make a Purchase to obtain cash, if permitted by the
Merchant, you shall be requesting us to withdraw funds in the amount of such
Purchase (including any cash received from the Merchant) from your Checking
Shares and directing or ordering us to pay such funds to the Merchant.
You request that we will provide to you such other services or access to other ATM
systems or networks using the MONEY ACCESS CARD which we may later make
available and which we advise you are offered in connection with your account(s)
set forth on your application form. You also understand that from time to time you
may request in writing that we provide access to additional accounts of yours
through the MONEY ACCESS CARD we have issued to you. You agree that the
uses of the MONEY ACCESS CARD described in this Agreement shall be subject
to the rules and regulations of each account which is accessed by such Card.
2. Use of Personal Identification Number ("PIN") with MONEY ACCESS CARD
You understand that a MONEY ACCESS CENTER or a PLUS SYSTEM ATM is
an automated teller. It can and will perform many of the same tasks as a human
teller. You acknowledge that the Personal Identification Number or PIN which you
use with the MONEY ACCESS CARD is your signature, identifies the bearer of
the Card to the MONEY ACCESS CENTER, PLUS SYSTEM ATM, or other
network ATM and authenticates and validates the directions given just as your
actual signature and other proof identify you and authenticate and validate your
11. FOREIGN TRANSA~S -Purchases and cash advances made in foreign
countries and foreign cu cies will be billed to you in U.S. dollars. The conversion
rate to dollars will be (i) the wholesale market rate or (ii) the government-mandated
rate, whichever is applicable, in effect one day prior to the processing date,
increased by one percent.
12. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any
plan merchant or financial institution to honor your card. We are subject to claims and
defenses (other than tort claims) arising odt of goods and services you purchase with
the card only if you have made a good faith attempt, but have been unable to obtain
satisfaction from the plan merchant, and (a) your purchase was made in response to
an advertisement we sent or participated in sending you, or (b) your purchase cost
more than $50 and was made from a plan merchant in your state or within 100 miles
of your home. Any other disputes you must resolve directly with the plan merchant.
13. SECURITY INTEREST - To secure your account, you grant us a purchase
money security interest under the Uniform Commercial Code in any goods you
purchase through the account. If you default, we will have the right to recover any of
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section. With respect to
this account only, we will not assert any statutory right we may have 'rf you are in
default to prevent withdrawal of your unpledged credit union shares (Deposits)
below the unpaid balance of your account. However, if you give or have given us a
specific pledge of your credit union shares (Deposits) by signing the Pledge of
Shares or otherwise, or any other security interests for all your debts, your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agreements, except for your home.
14. EFFECT OF AGREEMENT -This Agreement is the contract which applies to
all transactions on your account even though the sales, cash advance, credit or
other slips you sign or receive may contain d'rfferent terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
Iaw.Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as to future transactions.
15. LATE PAYMENT CHARGE - If your Minimum Payment is not paid within 15
days after the Payment Due Date, you will be subject to a single charge of 5% of the
minimum scheduled payment.
16. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement.
directions to a human teller. You also understand that a Merchant which accepts
the MONEY ACCESS CARD for a Purchase transaction may have an electronic
terminal (Merchant operated or Self-Service) which requires the use of your PIN
and when your PIN is used at a Merchants terminal, it will authenticate and
validate the directions given just as your actual signature will authenticate and
validate your directions given to us. You acknowledge that your PIN is an
identification code that is personal and confidential and that the use of the PIN
with the MONEY ACCESS CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT
NO ONE ELSE LEARNS YOUR PIN.
Liability for Unauthorized Transactions
You agree to contact us at once if you believe the MONEY ACCESS CARD(s)
issued to you or PIN has been lost or stolen or money is missing from your
account(s). You also agree that if your monthly statement shows transactions
which you did not make, and you do not contact us within 60 days after the
statement was mailed to you, you may not get any money lost after that time.
YOU AGREETHAT IFYOU GIVEYOUR MONEY ACCESS CARD(s) and PINTO
SOMEONE ELSE TO USEYOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF ANDYOU WILL BE RESPONSIBLE FOR ANY USE OFTHE CARD(s)
BY THEM. You could lose all your money in the account(s) if you take no action
to notify PSECU of the loss of your MONEY ACCESS CARD or PIN. Safeguard
your Personal Identification Number (PIN). Do not tell or disclose your PIN to any
other person. Do not write your PIN on your MONEY ACCESS CARD. Do not
keep a written record of your PIN near your MONEY ACCESS CARD. Do not
choose a PIN that is easily identifiable.
A new card may be ordered for you at that time and a "hold" will be placed on
your old card. After such time, if you find your old card, destroy the old card by
cutting it in half. If you attempt to use your old card, it will be captured and
retained by the MONEY ACCESS CENTER, PLUS SYSTEM, or HONOR ATM.
Charges
You agree to pay a 50 cent charge for each deposit or withdrawal exceeding 15
a month. You agree to pay the 50 cent penalty charge on any cash disbursement
transaction (loan advance or share withdrawal) that is less than $20. You agree
to pay a 25 cent charge on each balance inquiry. You agree to pay the charges
or transaction fees which are charged by us for these services or for services
which may later be offered as such fees or charges may be imposed or changed
from time to time.
Deposits
You agree that when you make a deposit at a MONEY ACCESS CENTER that
we have the right to verify the deposit before we make the money available to you.
If you deliver cash, checks or other items to a MONEY ACCESS CENTER, you
understand and acknowledge that the funds from your deposit may not be
available for immediate withdrawal and that the availability of your deposit shall
depend on our rules and regulations regarding the particular account in which you
are making a deposit, the items that you. are depositing and whether the deposit
is made at a MONEY ACCESS CENTER that is owned by us or another financial
institution. You also understand and acknowledge that not all MONEY ACCESS
CENTERS may accept deposits and some MONEY ACCESS CENTERs may limft
the amount of funds which may be deposited and we may not control these limits.
6. Liability
If the MONEY ACCESS CARD is issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement
for such account. You agree that if you make deposits or payments to your
account(s) with items other than cash (checks, drafts or other items) and we
make funds available to you from such deposits prior to their collection, you
agree that we may deduct the amounts of such funds from your account(s) which
are not collected or, if the funds in your account(s) are insufficient at such time,
you will promptly pay to us any amount of such funds which are not collected.
7. Amendment of this Agreement
You agree that from time to time we may amend or change the terms of .this
agreement including amendments or changes to add further MONEY ACCESS
CARD services or to amend or change the charges for these services. We may
do so by notifying you in writing of such amendments or changes and your use
~of the MONEY ACCESS CARD after the effective date of any such amendment
or change shall constitute your acceptance of and agreement to such
amendment or change.
8. Ownership
You agree that the MONEY ACCESS CARD is our property and you will
surrender it to us upon our request. You agree that the MONEY ACCESS CARD
is non-transferrable.
9. Disclosures
You hereby acknowledge receipt of the disclosure statement informing you of
your rights under the Electronic Funds Transfer Act and a copy of this Agreement.
REGULATION "E" DISCLOSURE
1. Summary of Consumer Liability
• MAC, ACH and SST -Tell us at once if you believe your card has been lost or
stolen. Telephoning is the best way to keep your possible losses down. You could
lose all the moneyin your account plus your maximum overdraft line of credit. If
you believe your card has been lost or stolen, and you tell us within two business
days after you learn of the loss or theft, you can loss no more than $50 if
someone used your card without your permission.
If you do not tell us within two business days after you learn of the loss or theft
of your card, and we can prove we could have stopped someone from using your
card without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have stopped someone from taking the money if you had told us in time.
If a good reason such as a long trip or a hospital stay kept you from telling us,
we will extend the time periods.
2. Telephone Number and Address to Notify of Unauthorized 7Yansfers
' MAC -Contact PSECU at (800) 237-7328 or Money Access Service (MAC) at
(800) 523-4175 during PSECU non-business hours, then follow up by contacting
PSECU at (800) 237-7328 the next business day.
' ACH and SST -Contact PSECU at (800) 237-7328 (nationwide) or
(717) 234-8484 (in Harrisburg).
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106-7013
PSECU Business Hours
7:OOa.m.-5:OOp.m.M-F
8:00 a.m. -Noon Saturday
TDD (800) 472-1967 Nationwide
(717) 777-2100 in Harrisburg
3. Financial Institution's Business Days
' MAC, ACH and SST - PSECU's Business Days are Monday through Friday,
Holidays not included.
4. Types of Electronic Transfers a Consumer May Make
' MAC -Balance inquiries on checking, savings and PSL; withdrawals from
checking/savings; cash advance from PSL; deposits to checking/savings;
purchase goods and services at any accepting retail establishment.
' ACH - Preauthorized debits and credits to checking and savings.
' SST -Balance inquiries and transaction histories on all share, certificate and
loan accounts; transfers from any share to another share or loan account from
your PSL to any share or loan account; withdrawals from any share except IRA
shares or certificates.
5. Any Charges for Elec~ Funds Transfers or for the Right to Make
Transfers
' MAC -Fifty cents for each disbursement (cash advance or withdrawal) less than
$20; fifty cents for each transaction over 15 per month, and a 25 cent
charge on each balance inquiry.
' ACH - $20 service charge for insufficient funds for each electronic transfer.
' SST -none '
6. Summary of Consumer's Right to Receive Documentation of EFT's
' MAC -You are entitled to receive a printed receipt at the time of each
transaction. You will receive a monthly statement showing the status of your
account, any transactions made during the month, and any penalties or charges
PSECU may impose during the month.
' ACH and SST-You will receive a monthly statement showing the status of your
account, any transactions made during the month, and any penalties or charges
PSECU may impose during the month.
' If you have arranged to have a direct deposit made to your account at least once
every 60 days from the same person or company, you can call us at (800) 237-
7328 to find out whether or not the deposit has been made.
7. Stop Payment Rights -Pre-authorized transfers
MAC and SST -Not applicable.
' ACH -Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop any
of these payments. Here's how: Call us at (800) 237-7328 (Nationwide) or
(717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees Credit
Union, P.O. Box 67013, Harrisburg, PA 1 71 06-701 3, in time for us to receive your
request three business days or more before the payment is scheduled to be
made. If you call, we may also require you to put your request in writing and get
it to us within 14 days after you call.
• Notice of Varying Amounts. If these regular payments may vary in amount, the
person you are going to pay will tell you, 10 days before each payment, when it
will be made and how much it will be. You may choose instead to get this notice
only when the payment would differ by more than a certain amount from the
previous payment, or when the amount would fall outside certain limits that you
set.
• Liability for Failure to Stop Payment of Preauthorized Transfers. If you order
us to stop one of these payments three business days or more before the
transfer is scheduled, and we do not do so, we will be liable for your losses or
damages, unless we request and do not receive written confirmation of an oral
stop payment within 14 days and the transfer takes place after 14 days, or you
fail to give us proper instructions that would enable us to place the stop on the
transfer.
8. Summary of the Financial Institution's Failure to Make or Stop Certain
Transfers
' MAC - If PSECU fails to complete a transaction on time or in the correct amount,
when properly instructed by you, PSECU will be liable for damages caused by
our failure unless: (1) there are insufficient funds in your account to complete the
transfer; (2) the funds in your account are uncollected; (3) the funds are subject
to legal process; (4) the transaction you request would exceed the funds in your
account plus any available overdraft protection; (5) the Money Access Center,
PLUS system or HONOR ATM has insufficient cash to complete the transaction;
(6) your card has been reported lost or stolen and you are using the reported
card; (7) PSECU has reason to believe that the transaction requested is
unauthorized; (8) the failure is due to an equipment breakdown that you know
about when you started the transaction at the Money Access Center, PLUS
System or HONOR ATM; (9) the failure was caused by an act of God, fire, or
other catastrophe, or by any other cause beyond control; (10) if you attempt to
complete a transaction that, at a Money Access Center, PLUS System or
HONOR ATM, or merchant terminal that is not a permissible transaction listed
above; or, (11) the transaction would exceed the security limitations on the use
of your Money Access Card.
' ACH and SST - If PSECU fails to complete a transaction on time or in the correct
amount, when properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (1) there are insufficient funds in your account to
complete the transfer; (2) the funds in your account are uncollected; (3) the funds
are subject to legal process; (4) the transaction you request would exceed the
funds in your account plus any available overdraft credit; (5) PSECU has reason
to believe that the transaction requested is unauthorized; (6) the failure was
caused by an act of God, fire, or other catastrophe, or by another cause beyond
control. In any case, PSECU shall be liable for actual proven damages if the
failure to make the transaction resulted from a bona fide error despite PSECU's
procedures to avoid such errors.
9. Disclosure to Third Parties
' MAC, ACH and SST -PSECU will disclose information about your account to
third parties: (1) when it is necessary to complete transactions; (2) to verify the
existence and standing of your account with PSECU upon request of third party,
such as a credit bureau; (3) to comply with government agency or court orders;
(4) in accordance with your written permission; (5) to comply with government or
administrative agency summonses, subpoenas, or court orders; (6) on receipt of
certification from a Federal Agency or department that a request for information
is in compliance with the Right to Financial Privacy Act of 1978; and (7) when it
is necessary to take legal action to recover shares.
cr ~*ronlc Funds Transfer MAC Agreemen~g~latlon "E" Disclosure
(continued)
10. MONEY ACCESS CENTER Services
• MAC Only -You may use your MONEY ACCESS CARD with your Personal
Identification Number (PIN) at MONEY ACCESS CENTERS located in Delaware,
Maryland, New Jersey and Pennsylvania to conduct any of the following
transactions for the accounts accessed by your MONEY ACCESS CARD.
a) Determine the account balance(s) of your Checking your Regular Shares,
and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission
to PSECU for deposit in your Checking and your Regular Shares.
NOTE: There are limited locations in Maryland where deposits may be made.
We wish to inform you that some MONEY ACCESS CENTERS located in these
areas may only provide access to your Checking, your Regular Shares, and your
Personal Service Loan. Not all MONEY ACCESS CENTERs may accept
deposits. There may also be limits on the amount of funds which you may
deposit in certain MONEY ACCESS CENTERS.
11. PLUS SYSTEM• Services
MAC Only -You may use your MONEY ACCESS CARD with your Personal
Identification Number (PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico,
Canada, Great Britain and Japan to conduct any of the following transactions on
the accounts accessed by your MONEY ACCESS CARD.
a) Determine the account.balance(s) of your Checking, your Regular Shares,
and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the MONEY ACCESS CENTER services currently available through
the PLUS SYSTEM network. Other services may be offered in the future.
12. HONOR• System Services
• MAC Only -You may use your MONEY ACCESS CARD with your Personal
Identification Number (PIN) at any HONOR automated teller machine (HONOR
ATM) located throughout Florida and other areas where there are HONOR
ATMs. The following transactions may be done on the accounts accessed by
your MONEY ACCESS CARD.
a) Determine the account balance(s) of your Checking, your Regular Shares,
and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through HONOR SYSTEM ATMs.
These are the MONEY ACCESS CENTER services currently available through
the HONOR SYSTEM network. Other services may be offered in the future.
13.Other ATM Network Access
• MAC Only -From time to time, PSECU may make arrangements with other ATM
networks to grant access to MONEY ACCESS CARDs. PSECU shall inform you
when such arrangements are made and describe the services that are available
to you. Any charges will also be described.
14. Purchase Transactions
• MAC Only -You may use the MONEY ACCESS CARD to purchase goods and
services ("Purchase") at any retail establishment ("Merchant") where MONEY
ACCESS CARDS are accepted by such Merchant. The amount of all such
Purchases will be deducted from your Checking. When you make a Purchase
using the MONEY ACCESS CARD, you will be requesting PSECU to withdraw
funds from your Checking in the amount of the Purchase and directing PSECU
to pay these funds to such Merchant.
15. Limitations on the Use of your MONEY ACCESS CARD
• MAC Only -You may withdraw up to $500 per day from one or a combination of
your accounts by using a MONEY ACCESS CARD provided the funds are
available at a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System
ATM. In addition, you may withdraw/purchase up to $500 at point of sale
locations. PSECU reserves the right to reduce this daily limit at any time. In the
event that your daily limit is less than $500, PSECU will advise you of the new
limitation. The day for withdrawal limits starts at 12 midnight each day and ends
at 12 midnight the next day. For security purposes, there are also certain daily
limitations on the frequency of use of the MONEY ACCESS CARD. However,
these limitations are not revealed for security reasons. The Pennsylvania State
Employees Credit Union is not obliged to maintain such limitations.
You will be denied use of your MONEY ACCESS CARD if you exceed the daily
withdrawal/purchase limit, if you do not have adequate funds available in your
account, do not enter the correct Personal Identification Number (PIN), or
exceed the frequency of usage limitation. The receipt provided by the MONEY
ACCESS CENTER, PLUS SYSTEM, or HONOR System ATM, or Merchant
terminal will notify you of the denial. There is a limit on the number of such
denials permitted. Attempts to exceed the limit will result in machine retention of
our MONEY ACCES~D. The number of attempts that result in machine
retention is not reveals or security purposes.
16. Error Resolution Procedures
" MAC, ACH and SST - In case of errors or questions about your transactions:
Direct inquiries to PSECU at (800) 237-7328 Nationwide, TDD (800) 472-1967
Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at: Pennsylvania
State Employees Credit Union, P.O. Box 6701"3, Harrisburg, PA 17106-7013, as
soon as you can if you think your statement or receipt is wrong, or if you need
more information about a transaction listed on the statement or receipt. PSECU
must hear from you no later than 60 days after it sent you the first statement on
which the problem or error appeared. You must provide the following information:
(a) Your name, account number, and MONEY ACCESS CARD number (if a MAC
transaction), or reference number (ff Self-Service Telephone Transaction); (b)
Describe the error or the transaction you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need the information,
and; (c) The dollar amount of the suspected error.
If you tell PSECU orally, you must send your complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for MONEY ACCESS CENTER, PLUS SYSTEM,
HONOR SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT
TRANSACTIONS, or 20 days for MONEY ACCESS CENTER purchase
transactions. If we need more time, however, we may take up to 45 days for
MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-
SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90
days for MONEY ACCESS CENTER purchase transactions. If PSECU decides
to do this, it will recredit your account within 10 business days for the amount you
think is in error if it is a MONEY ACCESS CENTER, PLUS SYSTEM, HONOR
SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT
transaction, or 20 business days if it is a MONEY ACCESS CENTER purchase
transaction. You will have the use of the money during the time ft takes to
complete the investigation. If PSECU does not receive your complaint or
question in writing within 10 business days, PSECU may not recredit your
account. If PSECU decides there is no error, you will be advised within three
business days after the investigation is completed. You may ask for copies of the
documents PSECU used in the investigation. If PSECU credits your account
white investigating, you must repay those funds if PSECU concludes no error
has occurred.
Notice To Consumers Using ATM's
' Be alert to your surroundings. If you doubt the safety of a particular location,
choose another ATM.
If the ATM has an entry door, close the door prior to initiating your Vansaction.
' Put your cash away immediately.
' Direct complaints concerning ATM security to an appropriate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking at (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT',
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE'
PROCEEDS HEREOF. RECOVERY HEREUNDER BYTHE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BYTHE
DEBTOR HEREUNDER.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02 73 P
COMMONWEALTH OF ENNSYLVANIA:
COUNTY OF CUMBER AND
PENNSYLVANIA STA E EMPLOYEES
VS
BALABAN JAMES M
MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland Coun y,Pennsylvania, who being duly sworn according to law,
says, the withi COMPLAINT & NOTICE was served upon
BALABAN JAMES M the
DEFENDANT at 1649:00 HOURS, on the 24th day of April 2007
at 911 WOODLAND DRIVE
LEMOYNE, PA 17043-1211
DONNA BALABAN, WIFE
by handing to
a true and att~sted copy of COMPLAINT &_NOTICE
together with
and at the sam~ time directing Her attention to the contents thereof.
Sheriff's Cos s:
Docketing 18.00
Service 15.36
Affidavit .00
Surcharge 10.00
.00
~/zy~o ~ 43 .36
Sworn and Sub cibed to
before me this day
of ,
So Answe(/rJ~/s.:~j/~j ,,, ,,y+~r ~,/s'//1/+J~(•/,,.Xp
.-.--'
R. Thomas Kline
04/25/2007
VAN ECK & VAN ECK J _~~
~~ ~.
" Deputy Sh riff
A.D.