HomeMy WebLinkAbout07-5994
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES : NO. D`j - 5QQ q
CREDIT UNION,
Plaintiff
VS.
CATHY L. MINNICH
Defendant
C i 1 -Terns
: CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. 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 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 HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)249-3166
1-800-990-9108
Document #: 180057.1
7 1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff
VS.
CATHY L. MINNICH
Defendant CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Niue. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
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 USTED 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
1-800-990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
CATHY L. MINNICH
Defendant
NO. 07- .S"goy Cw?/ ??
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and
through its attorneys, Van Eck & Van Eck, P.C. 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, Cathy L. Minnich, is an adult individual with a last known address of
3505 Simpson Ferry Road, Camp Hill, PA 17011-6406.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
COUNTI
BREACH OF CONTRACT-PERSONAL SERVICE LOAN
4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth.
5. Defendant applied to Plaintiff for a personal service loan. A true and correct copy
of said application is attached hereto, incorporated herein and marked as Exhibit "A".
6. The application submitted by Defendant was approved by Plaintiff.
Document #: 180057.1
t
6. Pursuant to the loan application 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
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»
8. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "B".
9. Various charges and payments were made by Defendant on the account.
10. Defendant has defaulted on the loan by failing to make timely and regular
payments.
11. The last payment made by Defendant was on July 11, 2006.
12. Defendant is required under the contract to make regular and timely payments.
13. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
14. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
15. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
16. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
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.
Document #: 180057.1
f ,
17. As of October 10, 2007, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Twenty Thousand Ninety-NineDollars and 67/100
($20,099.67).
18. 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.
19. Due to the default of the Defendant and pursuant to the terms and conditions of
the Contract attached as Exhibit "B", attorney's fees in the total amount of Four Thousand
Forty-Four Dollars and 93/100 ($4,044.93) have been added to the account.
20. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
21. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Cathy L. Minnich, in the amount of Twenty-Four Thousand One Hundred Forty-Four Dollars
and 60/100 ($24,144.60), plus interest, the costs of this action, and such other relief as the Court
deems just and proper.
COUNT II
BREACH OF CONTRACT-AUTO LOAN
22. Paragraphs 1 through 21 are hereby incorporated as if more fully set forth.
23. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor
vehicle.
Document #.• 180057.1
24. The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true
and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated
herein and marked as Exhibit "C".
25. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "C",
Defendant agreed to the terms and conditions of the extension of credit as set forth in the
Loanliner Credit and Security 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 "D".
26. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "D".
27. Various charges and payments were made by Defendant on the account.
28. Plaintiff provided a letter to Defendant stating that the vehicle purchased by
Defendant was deemed repossessed. The letter further advises Defendant that unless payment in
full was made on the outstanding loan balance, the said vehicle would be sold at a public sale
and Defendant will be responsible for any resulting deficiency.
29. As a result of Defendant's failure to cure the default in payment, and pursuant to
state law remedies, Plaintiff sold the vehicle at public sale.
30. Plaintiff provided a letter to Defendant indicating that there was a resulting
deficiency after the sale of the vehicle.
31. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
Document #: 180057.1
32. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
33. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
34. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
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.
35. As of October 10, 2007, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Two Thousand Two Dollars and 62/100 ($2,002.62).
36. 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.
37. Due to the default of the Defendant and pursuant to the terms and conditions of
the Contract attached as Exhibit "B", attorney's fees in the total amount of Four Hundred Dollars
and 52/100 ($400.52) have been added to the account.
38. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
39. 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,
Cathy L. Minnich, in the amount of Two Thousand Four Hundred Three Dollars and 14/100
($2,403.14), plus interest, the costs of this action, and such other relief as the Court deems just
and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
By:
Melissa L. Van Eck, squire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 180057.1
VERIFICATION
I, Harry L. Smith, Manager of the Pennsylvania State Employees 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. §4904, relating to unsworn
falsification to authorities.
Pennsylvania State Employees Credit Union
By:
Title: COI e s tM6-2
Date:1)I101 6?
Document #: 180057.1
E)CMIT "A"
April 19, 2005 .wt[CLM
Ref # : 449856 598
Applicant: CATHY L NON11,11CH Approval Amount; 520,000.00 Account # • 8578545579
Home Tete.d.,.... «. ?•,.-, --- --
I acknowledge receipt of the PSECU LOANL ?- °y?"t o39
by the terms set forth it s 'd agreement
INER Disclosure and Credit Agreement and agree to be bound
Cd° IkIC
• I would like an immediate erso Service Loan advance of $ Send a ? check or Purpose:
deposit to my Shan 4
• Select Your Personal Service Loan repayment option.
? Payroll deduction ? Automatic Transfer
? Direct Payment ? Homebankin
8 Service Telephone
• For overdraft options, complete the enclosed overdraft Transfer Service sheet and return it With Your Activation Letter.
8 n
'O O C/3
C0
2
T
C5 :Tl
SCANNED
.... .. .
?::?alraNfr?-1: ?:??s65s>:?`ippra?vx:?:; r'dcd:Issii?d::•::?:::: ?::<:::•::•::•::?::>::::::::
Application Received: 04/18/2005•:':] Time Received:08:15AM<:•:: Application ID: 449856
Branch: IMPORT .1 x xx
.....,.... A, A. A. A. A. A. A. A. 4, A. A. A.4. A.4. A.4.
A
Source: 2848 A,A,A,A,A,44 -' Cross Ref
Source of Repayment:
11 A, A, 1111 11 Al A-A-1Ai Al 11 11 Ai 1111A1 Ai A,A All, Ai A. Ai Ar Ar Ai A, Ai.
Secondary Source of Repayment:
Ai A?A?A?t?4. 4i Ai Ar AAA <i A. A. 4. Ar 4r :%r
XXXXXXX X,
HS1
Product: l V - Revolving- Personal Service Loan (2) A ?O
AIAIA,A AIAIAIA,4 4,AIAIA/AIAIAi Ai A/A/4/Ai A• i4i4i
Application Loan Type: Regular 4 Q Preapproval?:
.?Ai A? ?A?Ai Ai Ai Ar Ai Ar A?Ar Ai Ai ••• .
Purpose:
Specific Use of Proceeds: :::::::•:.;:•::::::•::::•::•::::•::•::•::•::::•::•:;::::::•::•::•::::•::• :::::::::::::::::::::::::::::::::::::::::::::::::::::
..........................................
Credit Bureau: I Experian €•• :Share Application Information?:
Ar Ai Aa Ai Ai Ai Ar A, Ai Ai Ai Ai Ai A, Ai A,A .... • .................................... •
Title First Middle Last Suffix
Name:
............
..•.:•::: ` CATHY.........:: i:::: ? .............< MINNICH ::::::•::•::•::•
i.A A 11 1A
Birth Date: 11 /23/1964::;::: SSN: 175.54-4891;; Total Number of People in Household:
Citizenship: [US Citizen ^ ^ ^ Borrower Type: applicant .x Spouse of Borrower: No :max
Marital Status: I .................W Mother's Maiden Name: CB PIN: Email:::'::'::'::':::'::'......::':: ::':AKA/FKA: ::•::•: ;
..........................
Q.Foreign Address:: Apt / Bldg / Unit
----------------------
Number Dir Street Name Dir Type Type Number
..............
Standard i 1425 ':: AA PPLE A
:..:::':: 1............?xx.R......°'
r Rural Route Route/Military Type: i"' Number: Box:
D D
PO Box
PO Box:
County:
F-i
Line 2: PT 147 City: MECHANICSBURG State: Pq Zip: 17055 3931
Province: Country: ::::'::;::Postal Code:
Phone: (717) 697-7035: Ext: =Residential Status: Other Time at Address: 8: yrs F-----01 mths
cellular: ( J
.................`
Phone number verified.
..................
Address verified.:::::::::: .
..................
......................................... ........................
:Applicant's mailing. address. is the. same, as the current address.:'.:: 0 Collect Previous Address Information.
.:................................. ............
Undernriting_Review 5/01/2007 1 1:37am - Page I of'8
Position: PROPERTY hAANAGER 0' UnemplStudent/Homemaker
............................................................. N Active duty military member::..::.
Employer Name: MORGP.N PROPERTIES Phone: (717) 697.8539.: Ext: I
--------------
City: State: Verification Phone: ( )
.,<,..
Borrower Code: I PJon Employee LoanR ... .,.,.,<,.,.,., R Time at Pres. Employer: 80 yrs 0 mths
RIncome: Pa Basis: Proof of income received..
Gross Salary : :::::: ::::::38000 00 Annually Employment verified.'::':?::::
,...
" .... .. .................
.? Income verified.:7•::77•:7.7::::
OT/bonus!Comm::::;::;::;
Annually
.................................
Other Income: :::::::3360.00 Annually <R Source: ChildSupport i:ii:
Alimony, child support & separate maintenance income need not be revealed if you do not wish to have it considered.
&.Collect Previous Employment Information.:`::*`:?*:*:
Creditor Account Number Payment Balance Type Last Act Date PO
Estimated Payment 400 20000 R
Alim, child sup, court ordered 0 0
Ad'ustment 200 0 A
P S E C U 85785455790101 298 8586 1 04/2005
P S E C U 85785455790001 40 1979 R 04/2005
S1 Debt Ratio: • 4,
LC Debt Ratio:
LL?
S1 Proi Debt Ratio: 16
Original Application Factors used in Automated Decisioning
Housing Pmt: Other Expenses:
Total Monthly Adj: 200 LC Proi Debt Ratio::: `:7:716
Current Application Factors being utilized by Underwriter
Housing Pmt: Other Expenses:
Total Monthly Adj::::;::;::::: '200: LC Proj Debt Ratio:
Monthly Income Summary
Gross Income: ;3167:
+ OT/Bonus/Commission:
+ Other Income: ` 7 7` :;7 7 280
=Individual Total Income: 7;::.3447:
Combined Income: '7:::;::.34477
Ratios
Revolving Debt:
Housing Debt:
Total Revolving Line: ::;7;:58
Net Disposable Debt: :;::;:16
Total S1 Pmts: :538:
Application Loan Pmt:
Total LC Pmts: ::;:::::::::338:
Application Loan Pmt: -.- 7:A0-0
Total LC Pmts: ::7;:::':33&
Residual Income Summary
Total Income: ;::::;::;3447:
- Residual Adj:
- Total All Pmts: ` 77:;::538:
= Net Residual Inc: F 72909:
Net Disposable Income: `i:`::.72909i
Underwrriting_Review 5/01/2007 11:37am - Page 2 of 8
...........
RV : volving Personal
Product: g - ersonal Service Loan. ??( ...............................................................Its :
# of Payments: 0: Payment Period: Total Amount Financed: F77-200-013-C-101
Total Collateral Value: :::::::::: : . O.OQ Combined LTV: Estimated Payment: ::: ; 400 00
Total Debt with Us: '::::;20000.00 Current System Decision/Recommendation:
Decision Party: Applicant MINNICH, CATHY L [175 54 4891] Application Score: ;:238; Cutoff::200_
Score Summary:
Borrower Bureau Model Score Missing Fields
MINNICH, CATHY Ex erian Ex erian/Fair Isaac 0689
MINNICH, CATHY Ex erian Li uidCredit Final S 238 0
MINNICH, CATHY Ex erian Li uidCreditA Sc 48
Borrower Income Pmts D:I Prj D:I
MINNICH. CATHY 3447.0 538.00 4 16
Authorized Users:
.....................................................................................................................:
..............................................
..............................................:::::::::::::::::::::::::::::::::::.::.:.::.:.::...................... :
:.:.:..•...:.:..• .............:...:.....:.....:.:...:.......:..::...:.:.:..•.:..::.:..•.:.:.:........•.....:...:.:.:.. , ..
......;
x
%::
x:..x.... ;::
•ax: R:s:ax
:.
..
..
Credit Life Selection: R`
None .? Plan:
Disability Selection:
None Plan:
Coverage for: Applicant MINNICH, CATHY L (175-54.4891)
Credit Life (Decreasing)
Insured Amount:: ::: ;::::':::0.00
Monthly Benefit:
Premium: :::
Cost Per Day: ::::::::::::::::: :':0.00
End Coverage Date:
Coverage Term:
Underwritin -Review 5/01/2007 1 1:37am - Page 3 of 8
Credit Life (Level)
::::::: 0:00
OQ1
0
0
Disability
5N
:0.00
00
Premium Paid in Cash.::
f+4anual Loan Number Loan Date: 04? X8/2005:::.
.................................................................
Loan Number: r ...........W i Suffix: Reported Amount:
Primary Collateral Code: Personal Service Loan #i
U
Request Type new credit card x` Funds Request: New ; New Funds Amt: 0
L ...............W ...?.?. ,.............
Interest Rate Lookup:
C' Lock rate. Rate Lock Date: Total Requested Limit:
vYC`rvUse V Decision party` rate.
Credit Limit:
Rate Type: Fixed I.
Date of Recission:
................
Decision/Recommendation: Approve ::::Decision Party: System:::::::::::;::::: 04116!200511:43:08:
............
Decision Based upon: [Applicant MINNICK CATHY L (175-54-4891):;;:;;:;;Review Approvals Below: 0:
Application Score: '::238: Cutoff:
Review Declines Above:
Requested Rate:: ;:0:00000:
Approved Rate: '::12:90000:
Undennvi-iting_Review 5/01/2007 1 1:37am - Page 4 of 8
EDIT LS!!
PSECO
the Financial link-,.
Pennsylvania State Employees Credit Union
RO. Sar 67013 • Harr1Stx,rg, FA 17106-7013 a (717) 234-8484 Harrisburg, (800,, 237-7323 Nc`ornada
Loan Disclosures
This LOANLINEW Credit and Security Agreement, which includes the Truth in
Landing 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 Plan.
1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. Via
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 P:an, 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 wilt be determined at the time of each advance. Payments
musk 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. It 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 ATWDebit 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 ATIADebit card has been IW or
stolen, immediately inform the Credit Union by calling or writing us at the telephone
number or address that appears elsewhere in the Plan. It 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 ATMrDebit 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 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. It the interest rate is a variable interest rate; the
Addendum explains how the variable interest rate works.
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. The following paragraph applies in all states except in Ohio, Rhode
island and Massachusetts: We have a statutory Han on the shares and dividends
and, if any, the deposits and interest in all individual and joint accounts you have with
us and may exercise our rights under the lien to the extent permitted by state law.
(We are state chartered if our name does not include the term 'Federal Credit
Union') For all borrowers: The statutory lien and/or your pledge will allow us
to apply the funds in your account(s) to what you owe when you are in default.
The statutory lien and your pledge do not apply to any Individual Retirement
Account or arty other account that would lose special tax treatment under state or
federal law if given as security.
Additional security for the Plan may be required at the time of an advance. If a
subaccount identifies a type of property (such as 'New Cars' you must give that
type of property as security when you get an advance under that subaccount. A
subaccount name such as "Other Secured" means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed under the Plan and all other loans you
have with us now or in the future, except any loan secured by your principal dwelling.
Property securing other loans you have with us may also secure the Plan.
7. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property
insurance on all property that you give as security under the Plan. You may purchase
c CUNA MUTUAL G?fJ ?.:9t3, d2, 84, 86 fig. 9?. 93. ^000.01. D2, 01, ALL ^n!GHTS RErRVED r-7
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance must be acceptable to
us. You may provide the property insurance through a policy you already have, or
through a policy you get and pay for. You promise to make the insurance policy
payable to us and to deliver the policy or proof of coverage to us if asked to do so,
If you cancel your 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. YoL authorize us to endorse any draft or
check which may be payable to you in order for us to collect any refund or benefits
due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
It 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.
ti. NOTICE- If you do not purchase the requi. ed property insurance, the insurance
we may purchase and charge you for will cover only our interest in the property. Th e
insurance will not be liability insurance and will not satisfy any state financial
responsibility or no fault laws.
9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional
under the Plan. If you quality 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 for 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 foliow 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 arid agrees to repay advances made to the
other(s). Any joint accountholder may temina:e 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 inoc rred before termination.
12. FEES AND CHARGES - H 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 disciosed 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 -Y You promise that you will promptly give
us written notice H you move, change your name or employment, or it 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 Who,
Kansas, Maine and South Carolina: You w!i 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 fall to make a payment when due two times during any 12-month
period.You will be in default if breaking any premise made under the Plat, rnateriaily
impairs your ability to repay what you owe or materially impairs the condition, value,
or protection of or our right in any property you gave as security.
The following paragraph applies only to borrowers in Iowa: You will be in default
if you are more than 10 days late in making a payment. You will also be in default if
you do not comply with the terms of the Pian and your failure to comply materially
impairs any property you gave as security o' your ability to repay what you we
under the Plan.
FSECU ?O-r.6193'a5
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LOANLINER° Credit and Secures Credit Agreement (continued)
The following paragraph applies to borrowers in all other states: You V.ill be in
default if you do not make a payment of the amount req:;'.red when it °.s due. You will
be in default if you break any promise you made under the Plan or if anyore is in
default under any security agreement made in connection with an advance urder
the Plan. You will be in default it you die, file for bankruptcy, become ins.)ivent, if you
make any false or misleading statements in any credit application or update of credit
information, or if something happens we believe may substantial'y 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. ACVIONS AFTER DEFAULT - The following paragraph applies to
borrowers In Colorado, District of Columbia, Iowa, Kansas, Maine,
Massachusetts, Missouri, Nebraska, West Virginia and South Carolina: When
you are in default and after expiration of ar.y right you have under applicable state
law to cure your default, we can demand immediate payment of the entire unpaid
balance under the Plan without giving you advance notice.
The following paragraph applies to borrowers In all other states except
Wisconsin and Louisiana: When you are in default, we can require immediate
payment (acceleration) of the entire unpaid balance under the Plan. You waive any
right you have to demand for payment, notice of intent to accelerate and notice of
acceleration.
The following paragraphs apply to borrowers In all states except, Wisconsin
and Louisiana: If immediate payment is demanded, you will continue to pay interest
until what you owe has been repaid, at the applicable interest rates in effect 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 toward 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 he" 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 We 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 Banitruptcy Code. The
rest of the sale money will be applied to what you owe under the Plan.
You wf8 also have to pay any amount that remains unpaid after the sale money has
been applied to any unpaid balance under the Plan. You agree to pay interest on that
amount at the same rate as the advance, or, if applicable, at the default rate
disclosed on the Addendum, until that amount has been paid.
The following paragraph applies only to Wisconsin borrowers: When you are in
default and after expiration of any right you have under applicable state law to cure
your default, we may require immediate payment of your outstanding loan balance
under the Plan and seek possession of the property given as security. You may
voluntarily give the property to us B you choose, or we may seek to take possession
of the property by judicial process. If we repossess the property, you agree to pay
reasonable expenses incurred in disposing of the property. If the property is a motor
vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required
to pay any costs permitted by Section 422.413 of the Wisconsin Statutes.
The foltarfng paragraph applies only to Louisiana borrowers: When you are in
default, we can require immediate payment (acceleration) of the entire unpaid
balance under the Pian..You waive any right you have to demand for payment, rtbtfce
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 toward 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.
16. CANCELLING OR CHANGING THE PLAN - The following paragraph
applies only to borrowers in Illinois: We have the right to change the terms of the
Plan from time to time after giving you any advance notice required by law. Any
change to the interest rate or other charges will apply to future advances.
The following paragraphs apply only to borrowers in Wisconsin: We can
change the terms of the Plan from time to time in accordance with Section 422.4 -.5
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 ;s not considered a
change in terms under the Plan.
We can cancel the entire Plan or any part of the Plan at any time. You may cancel
the Plan at any time by giving us prior written notice. Your obligation to pay the
unpaid balances under the terms of the Plan continues whether you or the credit
union cancel the Plan, except to the extent that your liability is limited by Section
422.4155 of the Wisconsin Statutes.
The following paragraph applies only to borrowers in Iowa: We can change the
terms of the Plan from time to time after giving you any advance notice required by
law. A change that increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otherwise adversely affects existing
balances will apply to existing ba! ances only d you agree to ine change or you use
the Plan after receivirg novice that your use Of tie P,an means ycu agree the
change applies to existing balances.
The following paragraph applies to borrowers in all other states: %Va have the
right to change the terms of the Ran from ;ime to time after giving you any advance
nctice required by law. Any change in to mterast rata wi l apply to future advances,
and at our discretion, and subject to any requirements of applicable law, will also
apply to unpaid balances.
The following paragraph applies to all borrowors other than 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 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.
17. 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.
18. CONTINUED EFFECTIVENESS - It any part of this Plan is determined by a
court to be unenforceable, the rest A611 remain in effect.
18. NOTICE TO UTAH BORROWERS - This written agreement is a final
expression of the agreement between you and the Credit Union. This written
agreement may not be contradicted by evidence of any oral agreement.
20. 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 giva us more property as security if asked
to do so.
21. 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 arty loan secured by your principal
residence, ff the property in 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.
22. 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 it as security for a loan with another creditor until the Advance is
repaid. You promise you will allow no otter security interest or lien to attach to the
property either by your actions or by operation of law.
23. 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
cdafms 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 fimfted to any
attorney fees, we incur in protecting our security Interests and rights in the property,
to the extent permitted by applicable law.
24. USE OF PROPERTY -- Until the Advance has been paid off, you promise you
will: (f) 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 it the property is damaged,
stolen or abused. (6) Not use the property for any unlawful purpose.
25. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR
VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT
TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE. YOU MAY HAVE TO PAY THE DIFFERENCE.
26. VERMONT 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 RIGHTTO COLLECT
FROM YOU.
27. 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.
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act. You are advised to read your monthly statement
and review it for any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. If you think your statement is wrong, or if you need more information
about a transaction on your statement. write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the data on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us. but doing so will not
preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error.
if you need more information, describe the item you are not sure about.
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.
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,
f. RESPONSIBILITY - If we issue you a card, you agree to repay all debts and ft
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 untif the card is recovered. You cannot disciaim
responsibility by notifying us, but we will close the account for new transactions 0 you
so request and return all cards. Your obligation to pay the account balance continues
not a party may direr you or one dwrice dease or other court
the oche persons responsible of to 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) 556-5878.
3. LIABILITY FOR UNAUTHORIZED USE - You agree to notify us immediately,
orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may
be liable for the unauthorized use of your Credit Card. You will not be liable for
unauthorized use that occurs after you notify us of the loss, that or possible
unauthorized use. You will have no Viability for unauthorized purchases made with
your Credit Card, unless you are grossly negligent in the handling of your Card. In
any case, your liability will not exceed M.
4. CREDIT LINE -- N we approve your application, we will establish a self-
replenishing tine of Credit tot you and notify you of Its amount when we issue the
card. Ybu 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
Litre 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 creditworthiness. You may also terminate this
Agreement at any time, but termination by either of us does not affect your obligation
to pay the account balance. 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 mist pay
at least the Minimum Payment within 25 days of your statement dosing date. By separate
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, of course, pay more frequently, pay more
than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line balance
owed, we will automatically past the credit to your St snares.
The minimum payment will be (a) 2O/ of your Total New Balance, rounded up to the
next even dollar, or (b) $20.00, whichever is greater. in addition, at any time your Total
New Balance exceeds your Credit Line, you must immediately pay the excess upon our
demand. We will apply payments in the following manner: first to previous late fees,
After we receive your letter, we cannot try to collect any amount you question, or report
you as delinquent. Vie can con rus to send statements to you for the amount you
question, including finance charges. and we can apply ary unpaid amount against your
credit iimit. You do not have to pay ary questioned amount whse we are investigating,.
.but you are -still obligated to pay the pars of your sta,ement that are not in question.
If we find that we made a mistake on your statement, you wiil 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 definquent.
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.
It 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.
then to previous rash advances finance charges, than to previous purchase finance
charges, then to current fate fees, then to previous cash advance balances, than to
previous purchase balances in to order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES -- You can avoid the 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 and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Daily Balance for Purchases - The Average Daily Balance for Purchase
for
Transactions is calculated by adding the Daily Balances (Purchase Transactiobilling
each day in the billing cycle, and then dividing by the number of days in the e. To calculate the Daffy Balance r purchases each day, we take the following
steps: We take the outstanding balance (aft amounts ycu owe} at the start of the day.
Then, in the sequiartce in wthfch amounts aria pasted to vow account we add the
amounts of alt debits and subtract tie amounts of a[I credits or payments which post
to your account that dap. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Laie Charges Then we also subtract the
atraouni of any Gash Advance transactions that posted to your account on that day or
in any previous day in the bung cycle. This gives us the Qaily Balance for purchases,
Average QaAy BaJBnce for Cash Advances - Gash 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 mon,t,ly periodic rate for purchases. The
Average Daly Balance fs calctitated separately for Cash Advances and is subject to the
Cash Advance Monthly Periodic Rate.The Aver ge Dat1y Balance for Cash Transactions
is cakautated by adding the Daily Balatx es (Casfr Transaction} for each day in Ilea bfilIng
cycle. and then drvidaig by tae number of days in the bllBrtg cycle. To calculate the Daily
Bafarce far cash each dos we take the following steps: We take the outstanding balance
(all amounts you owe) at the start of ilia day Then in the sequence in whlch amounts
are posted b your account we add the amounts at au 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.
Than 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, it any, and then
to the balance of your account.
Note also that if the tctai of the payments and credns which are posted to your
account by the Payment Due Date shown on a statement is equal to or exceeds the
VISA' Credit Card Agreement and Truth In Lending Disclosure (continued)
New Balance shown on that statement, ere v.iil not apply the t.4er.thly Periodic Rate
to your Account on your next statement.
8. DEFAULT - You will be in default if you fail to make any f,!inimum Payment
within 25 days after your monthly statement closing date. Ycu authorize us to transfer
funds sufficient to mate the minimum payment due if your VISA loan is in defau't.
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 dedth or your failure to abide by this Agreement, or if the value of our security
Interest materially declines. We have the right to demand immediate payment of your
full account balance if you default, subject to our giving you any notice required by
law. To the extent permitted by law, you will also be required to pay our collection
expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures to be followed. One is for you to present the card to a
participating VISA plan merchant, or another financial institution, and sign the sales or
cash advance draft which will be imprinted with your card. The ether 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 wig 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 VISA line of credit It your credit and psyments exceed
what you owe us, we will automatically post the excess credit balance to your St
Shares within 75 days. If the balance is one dollar or more, upon your written request,
we will refund the credit balance to you.
11. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign
currencies will be billed to you in U.S. dollars. The conversion rate to dollars will be
made in accordance with the operating regulations for international transactions
established by VISA U.S.A., Inc.
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
ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in
consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we,
our and us) Issuing to you an ATM CARD, hereby agree to be legally bound by the
following terms and conditions. You agree that the use of your ATM card(s)
constitutes acceptance of the terms and conditions of this Agreement. You
understand that ATM Is a credit-related service and you authorize PSECU to obtain
a credit report on any users of this account.
1. ACCOUNTS AND USES OF ATM 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 ATM CARD(s) to
be used in connection with such accounts as described in this Agreement.
You understand you may use the ATM CARD at a STAR SYSTEMS® ATM to (f)
withdraw cash Iran, (2) make or arrange for deposits in, (3) effect transfers to or from
your account, (4) receive Information regard fig 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 SYSTEMS name and logo (1) to make
withdrawals from, (2) effect trarmsters to or from, (3) receive inforimation 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 ATM CARD to purchase goods and services
("Purchase'at any retail establishment ("Merchant') where ATM CARDS are
accepted by such Merchant. if you use the ATM CARD to make a Purchase tg obtain
cash, H 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 wig provide to you such other services or access to other ATM
systems or networks using the ATM 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 lime you may request in
writing that we provide access to additional accounts of yours through the ATM
CARD we have issued to you. You agree that the uses of the ATM 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 ATM CARD
You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated
taller. 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
ATM CARD is your signature, identifies the bearer of the Card to the STAR
SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and
validates the directions given just as your actual signature and other proof identify
defenses (other than tor; claims) arising out of g xuds and service; ycu purchase want
the card only if you have made a good faith attempt, but have been urab'.e to obtain
satisfaction from the p!an 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 S50 and was made from a plan merchant in your state or whin 100 miles
of your home. Any other disputes you must resniva d',- ct!y with the plan merchant.
13. SECURITY INTEREST - To secure your account, you grant us a purchase
money security interest under the Uniform Commercial Coda in any goods you
purchase through the account. If you default, we will nave the right to recover any of
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section. With respect to
this account only, we will not assert any statutory right we may have if you are in
default to prevent withdrawal of your unpledged credit union shares (Deposits)
below the unpaid balance of your account. However, if you give or have given us a
specific pledge of your credit union shares (Deposits) by signing the Pledge of
Shares or otherwise, or any other security interests for all your debts, your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agreements, except for your home.
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 different terms, We may amend the
Agreement from time to time by sending you the advance written notice required by
law. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as to future transactions.
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, RUSH FEES -You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
17. DRAFT COPIES - You may incur an additional charge for transaction
summary/sale draft documentation.
18. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement.
19. ILLEGALTRANSACTIONS PROHfBiTED -You agree that you will not use your
card for any transaction that is illegal under applicable federal, state, or local law.
20. No USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
21. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
decked because it is indicative of possible fraudulent activity.
you and authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts the ATM 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 Merchant's
terminal, It wn11 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 ATM CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABI E PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS -You agree to contact us
at once if you believe the ATM 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 staternerit was mailed to you, you may not get any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY
THEM. You doll lose all your money in the account(s) if you take no action to notify
PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
Identification Number (PIN). Do not tell or disclose your PIN to arty other person. Do
not write your PIN on your ATM CARD. Do not keep a written record of your PIN near
your ATM 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. It you attempt to use your old card, it will not work.
4. 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 S20.
You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
for any adjustment that needs to be made to your account resulting from an error
you made while making a deposit at an Automated Teller machine (ATM). 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.
5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS
ATM 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 STAR SYSTEMS ATM, 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
Efectronlc Funds Trertsfer?ATM?4greemznf_and Requlatipn °E,',D ';1osure
(continued)
deposit, the items that you are depositing a^,d whether the deposit is made at r.
STAR SYSTEMS ATM that is owred by us or anotner financial institution. You also
understand and acknowledge that not all STAR SYSTENIS ATMS mad accept
deposits and some STAR SYSTEMS ATMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM 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,
it 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 ATM 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 ATM 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 ATM CARD is our property and you will
surrender A to us upon our request. You agree that the ATM CARD is non-
transferable.
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. ELECTRONIC CHECK CONVERSiONiELECTRONIC RETURNED CHECK
FEES -- If you pay for something with a check or share draft, you may authorize it
to be converted to an electronic fund transfer. You may also authorize merchants to
electronically debit your account for returned check fees. You are considered to have
authorized these electronic funds transfers if you complete the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
2. SUMMARY OF CONSUMER LIABIUTY -
• ATM, 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
lase all the money in 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 lose no more than $50 it 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 left 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 tong trip or a hospital stay kept you from telling us, we
will extend the time periods.
3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS -
• ATM - Contact PSECU at (800) 237-7328 EXT 3808 (nationwide) or (717)
234-8484 (in Harrisburg). Attar hours, follow the menu options on PSECU's
voice mail system to report a Post or stolen card. For VISA Credit or Debit
Cards, follow the directions for Lost Card Notification under the VISA Credit
Card Agreement and %th-in-tending Disclosures section of this document.
• 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:
8:00 a.m. - 5:00 p.m. M - F
TDO (800) 472-1967 Nationwide
(717) 777-2100 in Harrisburg
4. FINANCIAL INSTITUTION`S BUSINESS DAYS -
• ATM, ACH and SST - PSECU's Business Days are Monday through Friday.
Holidays not included.
5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE -
• ATM - Balance inquiries on checking, savings and PSL; withdrawals from
checkingisavings; cash advance from PSL: deposits to checking/savings;
purchase goods and services at any accepting retail establishment.
• ACH - Preauthonzed 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, %v thdra..als from any sharp except
IRA shares or certificates.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
ATM - Fifty cents to each disaursame-il (cash advance or 'evithdrawai) less
than $20; ttty cents for each transaction over 15 per month; 25 cent for east)
balance inquiry; and there may be an additional charge for any adjustment
that needs to be made to the account of any member who makes an error
while depositing at an Automated Teller machine (ATNI).
• ACH - $20 service charge for insufficient funds for each electronic transfer.
• SST - none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFT'S -
• ATM - 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
1 '800) 237 7326 to find out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS -
• ATM 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: Cali us at (800) 237-7328 (Nationwide)
or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees
Credit Union, P.O. Bar 67013, Harrisburg, PA 17106-7013, in time for us to
receive your request three business days or more before the payment is
scheduled to be made. N 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. It 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 drtter by more than a certain amount
from the previous payment, or when the amount would fall outside certain
limits that you set.
• Liability for Faflure to Stop Payment of Preauthorised Transtem if you
order us to stop one of these payments three business days or more before
the transfer is scitieduled, 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 fall to give us proper instructions that would enable us to place the stop
on the transfer.
9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAtN TRANSFERS -
• ATM - if PSECU faits to complete a transaction on time or in the correct
amount, when property 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 STAR
Systems, PLUS system has insufficient cash to complete the transaction; (6)
your card has been reported lost or stolen and you are using the reported card:
(,') 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 STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control; (10) it you attempt to complete a transaction that,
at a STAR Systems, PLUS System, 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 ATM CARD.
• ACH and SST - If PSECU faits 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 to 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 only for actual proven and not consequential damages if the failure
to make the transaction resulted from a bona fide error despite PSECU's
procedures to avoid such errors.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will disclose information about your account to
third parties: (i) when it is necessary to complete transactions; (2) to verity
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 j
Eredronic Funds Transfer ARJ_Akgreem?nf_and Ret4tion "E" Discio re 1 account, do not onto
(continued) exceed the frequency
SYSTEMS or PLUS
orders; (4) in accordance wiih your •.w.tten permission, (5) to comply with denial. There is a ;imi
government or administrative agency summonses: subpoenas, or court i exceed he !imit will re
orders' (6) on receipt of certifical orI frorr n Fu, dr.ral 1 e -t C Of C a
r c. t y y 'P"' ""I
that a request for information is in compliance wi:n the Right to F!narc!af
Privacy Act of 1975; Regulation P, Privacy of COnSUfTle.r Fina-,cia! Information.
and (7) when it is necessary to take legal action :o recover shares.
11. STAR SYSTEMS SERVICES -
• AYM Only -You may use your ATM CARD with your Personal Identification
Number (PIN) at STAR SYSTEh1s located in Delaware, Maryland, New
Jersey and Pennsylvania to conduct any of the following transactions for the
accounts accessed by your ATM 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 FSECU 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 ATMs located in these areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not all ATMs may accept deposits. There may also be limits on the amount of
funds which you may deposit in certain ATMs.
12. PLUS SYSTEM* SERVICES -
• ATM Only - Ycu may use your ATM 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 ally of the bllowing transactions on
the accounts accessed by your ATM 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 STAR SYSTEMS services currently available through the PLUS
SYSTEM network. Other services may be offered In the future.
13. OTHER ATM NETWORK ACCESS -
• ATM Only - From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM 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 -
• ATM Only - You may use the ATM CARD to purchase goods and services
('Purchase") at any retail establishment ("Merchant') where ATM CARDS are
accepted by such Merchant. The amount of alt such Purchases will be
deducted from your Checking. When you make a Purchase using the ATM
CARD, you will be requesting PSECU to withdrew funds from your Checidng
In the amount of the Purchase and directing PSECU to pay these funds to
such Merchant.
15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
• ATM Only - You may withdraw up to 5500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMS or PLUS 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 Ifi rift 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 ATM 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 ATM CARD if you exceed the daily
withdrawaUpurchase limit, it you do not have adequate funds available in your
r the correct Personal Identification Nunn bar (Pill), or
of usage ;im:tanon. The receipt prov!ded by the STAR
SYSTEM ATM or lalerchant terminal rri!l notily you of the
1 On the number of such denials permitted. Attempts to
Suit in rnacn+ne retention of our KI-M CARD- The number
of OtomptS that requit in mach rie rbtow!,3n ig not reel ?a1ed fsr s,?cjrry; purposes.
16. ERROR RESOLUTION PROCEDURES --
• ATLI, ACH and SST - in case of errors or quest:crs about your transactions:
Direct inquiries to PSECU at (800) 237-7326 Nationwide, TDD (500) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA
17106-7013, as soon as you can if you think your statement or receipt is
wrong, or ff 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 infarrrtabon: (a) Your name, account number, and
ATM CARD number (if a ATM transaction), or reference number (if Self-
Service Telephone Transaction); (b) Describe the error or the transaction you
are unsure about, and explain as ciearty as you can why you believe it is an
error or why you need the information, arid; (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 STAR SYSTEMS, PLUS SYSTEM, , SELF-
SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20
days for STAR SYSTEMS purchase transactions. If we need more time,
however, we may take up to 45 days for STAR SYSTEMS, PLUS SYSTEM,
SELF-SERVICE TELEPHONE, or DIRECT DEBITiCRED17 TRANSACTIONS or
90 days for STAR SYSTEMS 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 STAR SYSTEMS. PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days it it
is a STAR SYSTEMS purchase transactfon. You will have the use of the money
during the time it takes to complete the investigation. It PSECU does not receive
your complaint or question In writing within 10 business days, PS ECU may not
rearedit your account. ff PSECU decides there is no error, you will be advised
within three business stays after the investigation is completed. You may ask for
copies of the doctiments PSECU used in the investigation. It PSECU credits
your account while investigating, you must repay those funds if PSECU
concludes no error has occurred
17. ATM SURCHARGE - If you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used in processing the transaction (and you may be charged a fee for a balance
inquiry even if you do not complete a fund transfer). The ATM surcharge will be
debited from your account If you elect to complete the transaction.
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 transaction.
• 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 (809) 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 BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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EXHIBIT "C"
PSI
-"-- - AUTODRAFF---' --- --- VOID OVER S
' PAYTO THE •'•; =.
ORDER•OF[DEALER)' .Q-. ti.
? r
•l 7'.
7i(Os` i:.i.F:'Q••' •??? LDOLLARS -
MEMBER ENDORSEMENT,..: .. - - '
ay endorsing this draft. IAN. agree to drd?terms listrl on the rawme side
.of the draft. r? t:.,• ', - ?s4• ,? 4-?r
! •PEPAYMERT NET11eD?[I?ATddlmLr c uposr!?tSALtam?lf ar,jD1a"-*a OsduoWn r r^
1-1 11 - f- PW I 1A- =*
MemberEndorsement ••. - F ' --
CATHY L! NNICkI •?' - i-'
- - C_o-appliea?1 Endorsanwnt ,'
4 N OO.C-APPLICANT':'
"'2 4 7 688001 1:23138i1L61: 14'4:92.15807.4 4 ..0!.0CQiA4905121"
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247 10-10-02
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Pennsylvania State Employees Credit Union
Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • 717.234.8484 • 800.237.7328
• Mailing Address: P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.777.2100 (TDD) • 800.472.1967 (TDD)
This credit union is federally insured by the National Credit Union Administration. Equal Opportunity Lender www.psecu.com
anla"'State Empldyees 'Credit-Union' N;o
•' Hemsbrp, PA f? 0&7013 • (7t7) 237.6484 W(W;g237-7371
REFERENCE' •8578545579 VOID 120 DAYS AFTER.- 10/0,
IMPORTANT: VOID UNLESS DEALER ENDORSEMENT COMP ED, •'''
lWrefs ONsr Inn`r nd usedl arY Istary i?voics t-1 mart be le-i a I beige a.:
Aume`aR« er Ou1t Wi Os Mvrrd FAX 117171787.838/
' ?'•
inn .? v •
'
N!w /III'-
Y? Y
E MNtE` fy066 rRLef, .• •. CEAM 6"7
(/
??
\V 1
J
-
By aoapting the p.. mods of this draft. you spree to the terms
Ilstsd on Itts nvarsa side. No portion of the preasds of this.
onewerlsl or to ariy agent of the
AutoDrah may be pai d to ;he B
s .
9ano
?w
Lam Pennsylvania State
We& Employees Credit Union
P. O. Box 67013
ADVANCE PROCEEDS VOUCHER PSECO Harrisburg, PA 171067013
AND SECURITY AGREEMENT the financial IinkTM (V17)800)234237--7328 8484
ii6t =i=i
$Fd?, ,Ms 1f4?3t?S?FF?,??
... ...........
CATHY L MINNICH 10/10/20028578545579 / L11 247688
5344 OXFORD DR APT 113
MECHANICSBURG, PA 17055-4435 PURPOSbealer Purchase
TRANS
TYPE I ACTION 1. [] NEW LOAN 2. ? LOOPEN-END [:] AN ADVANCE 3. (DESCRIBE) 4. ? EQUITY ADVANCE
YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS ADVANCE CREDIT DISABILITY?-q
INSURED WITH THE FOLLOWING COVERAGE YES ? NO L.3 SINGLE CREDIT LIFE
YES ? NO ?X JOINT CREDIT LIFER ?y
YES ? NO OX
DAILY PERIODIC RATE ANNUAL PER.
(CHANGE IN TERMS oNlY) INTEREST RATE IS AMOUNT REQUESTED
+OTHER CHARGES
PREVIOUS BALANCE
AMU ADVANCED
NEW BALANCE
CENTAGE RATE
.020521 7.490 FIXED VARIABLE . f
[ [] t
14
905.1 'a : ? }
ff
'` Q 0
00
_ 14
905
12
% , . ,
.
PAYMENT DUE DATE PAYMENT FREQUENCY PROJECTED LOAN TERM
298.58 11/9/2002 MONTHLY
SECURITY OFFERED
IFTHISISAHOME EQUIYADVANCE.THEONLYSECURI YFORTHISADVANCEISTHEREALPROPERTY(INMOSTCASESYOURHOME)WHICHYOUGAVEASSECURITYWHENYOURACCOUNT
VVAS ESTABLISHED.
IF THIS IS NOrA HOME EQUITY ADVANCE. IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANLWER• CREDIT AGREEMENT. THE FOLLOWING PROPERTY SECURES THIS ADVANCE.
1. FORD EXPLORER 1997 1FMDU34E2VUA9697 SW 15,545.00
2.
3.
4. OTHER
YOU PLEDGE SHARES AND/OR DEPOSITS OF $ IN ACCOUNT NUMBER
OLDACCOUNTILOANNUMBER PAYOFF PRINC.+INi OLD ACCOUNTILOAN NUMBER B PAYOFF PRINC.+INT OLD ACCOUNTILOAN NUMBER C PAYOFF PRINC.+WT.
OLDACCOUNTA.0AN NUMBER D PAYOFF RINC.+ INL OLD ACCOUNTILOAN NUMBER E) PAYOFF PRINC. + INT OLD ACCOUNTiLOAN NUMBER PAYOFF PRINC.+ INT
By accepting the proceeds or by using the funds advanced and deposited into your share/share draft account, you agree (1) that the property referenced above
will secure the advance and any other advances you have now or receive In the future under the LOANLINEtr Credit and Security Agreement (the Plan) and
any other amounts you owe us for any reason now or in the future in accordance with the terms of the Plan and (2) to make payments as disclosed above In
accordance with the terms of the Plan.
w uum muiu nnuu,aacu,u, a' W, W, W, r?. awu, Am" n' niums rMthnu
PSECU FORM 03175 JVXX0100.1 037-2092-1 (4101)
-07-4-e*5W??
reference number 247688
user-code-4 AYES
user-code-1 229
applicant-is I
source XPHONE
user-date-2 20021007
user-code-2 AUTO
contract-loan-amount 016000.00
user_misc20_5 DEALER
user_num20_1 8578545579
primary_first_name CATHY L
primary_last_name MINNICH
social _security_number 175-54-4891
birth date 19641123
home-area-code 717
home _telephone-number 697-7035
business-area-code 717
business-telephone-number 697-8539
user_misc40_6
present_address_line_A 5344 OXFORD DR APT 113
present_address_line_B
present-city MECHANICSBURG
present-state PA
present_zip_code 17055
present-plus-4-code 4435
reside ntial_status M
ti me_at_p resent_add ress
previous-address-line A
previous_city
previous-state
previous_zip_code
previous_pl us_4_code
time - at - previous_add ress
employer-name MORGAN PROPERTIES-PROPERTY MGR
occupation MG
date_started_pres_employ
date_started_prev_employ
user-date-1
salary 044000.00
salary_pay_basis A
time_with_pres_employer 0500
other-income 003000.00
other_income_pay_basis A
other-income-source CHILD SUPPORT
checking_account ref Y
savings_account_reference Y
account-category NO
month ly_housi ng_payment 000000.00
other_month ly_pay ments
CB_monthly_payment_adjustment 0000000.00
credit_type_1
credit_monthly_payment 1
credit_type_2
cred it_mo nth ly_pay ment_2
credit_type_3
credit _monthly_payment_3
credit_type_4
credit - monthly_payment_4
credit_type_5
credit _month ly_payment_5
co_app_ iirst_name
co_app_ last_name
co_app_ social_secu rity_number
co_app _birth_date
co_app _home_area_code
co_app _home_telephone_number
co_app _business_area_code
co_app _business_telephone_no
co_app _present_address_line_A
co_app _present_address_line_B
co_app _present_city
co_app _present_state
co_app _present_zip_code
co_a p p _p rese n t_p l u s_4_cod e
co_app _residential_status
co_app _ti me_at-present-address
co_a p p _p rev i o u s_ad d ress_I i n e_A
co_app _previous_city
co_app _previous_state
co_app _previous_zi p_code
co_a p p _p rev i o u s_p l u s_4_c o d e
co_app_ti me_at_previous_add ress
co_app _employer name
co_app _occupation
co_app _date_started_pres_emply
co_app _date_started_prev_emply
co_app _ti me_with_pres_employer
co_app _salary
co_app _salary_pay_basis
co_app _other income
co_app _oth_income_pay_basis
co_app _other income_source
co_app _checki ng_accou nt_ref
co_app _savings_account-ref
account-designator
co_app _monthly_housing_payment
co_app_ other_monthly_payments
co_a pp_ C B_mo nth ly_payme nt_ad j
co_app_ credit_type_1
co_app_ credit_monthly_payment_1
co_a p p_ c red it_ty pe_2
co_app_ cred it_month ly_payment_2
co_app_ credit_type_3
co_app_ cred it_month ly_payment_3
co_app_credit_type_4
co_app_credit_month ly_payment_4
co_app_credit_type_5
co_app_credit monthly_payment_5
amount_of payment
term of loan
trade_in_payment
collateral-description
user_misc40_7
employer_address_line_A
employer-city
employer state
employer_zip_code
employer-plus-4-code
user_misc40_8
user_misc20_4
trade-in-value
trade-in-amount-owed
net-trade-in
primary_maternal_surname
user-ratio-1
contract APR
race
gender
co_app_race
co_app_gender
user_misc10_8
user_misc20_1
user num10_5
user currency_1
dealer reserve_type
insurance-requested
insurance_type
user-code-3
product type
cash_selling_price
user_misc10_3
collateral-value
year-of-vehicle
user_misc10_4
rate_type
contract-term
user_misc10_1
user_misc10_2
user_misc10_5
auto-payment-account
user_misc40_1
user_misc40_5
user_misc10_7
user_num10_2
user_num10_3
user misc20 3
000320.00
060
000223.00
USED IN KBB;CALL WORK;MAIL;
598
DRFT
LOC
016000.00
16000
10
EXHIBIT "D"
PSECO Pennsylvania State Employees Credit Union
PO. Box 67013 a Harrisburg, PA 17106-7013 a (717) 234-8484 Harrisburg, (800) 237-7328 Nationwide
the financial tines, Loan Disclosures
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance trust be acceptable to
us. You may provide the property insurance through a poky you already hare, or
through a policy you got and pay for. You promise to make to Insurance policy
payable to us and to deliver the policy or proof of coverage to cut if salted to do so.
If you cancel your insurance and get a refund, we have a rot to the refund. If the
property is lost or damaged, we can use the insurance settlement to repair ft
property or apply it towards what you owe. You authorize us to endorse any draft or
smack which may be payable to you in order for us to collect any refund or benift
due under your insurance policy You also promise to pay all taxes and lees (like
registration fees) due on the property
It you do not pay the tales 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 tares, fees or insurance will be added to the unpaid balance of the advance and
you will pay Interest on those amours at the same rate you agreed to pay on the
advance. We may receihra payments in connection with the insuancs from a
company which provides the Insurance. We may monitor our bans for the purpose
of delarrtiin Yrlhether you and other borrowala have cornplied with the, insurance
fiaquTre' ""Doan agreements or may engage others to do so. The insurance
changed 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 you advance,
we may increase your payments to pay the amourit added within the terra 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 will not satisfy any state financial
responsibility or no fault laws.
9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional
under the Plan. If you qualify for and purchase the irtsurence 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 for 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 erad notices will be sent to you at the most recent address you have
given us in writing. Unless applicable law requires notice to each Jolla bormwer.
notice to any one of you will be notice to al.
11. JOINT ACCOUNTS If this is a lit account. each of you Is Individually and
jointly msporsible for all amounts owed. That means we can er>brce our rights
under the Plan against any one of you Individually or against all of you together. If you
give us I consistant Instructions, we can refuse to follow you instrurdbru. Unless our
written policy requires all or you to sign for an advance. each of you authorizes ire
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
t4rrrnir of you. You rema$fl
If of you terminate 0* Plan, the Plan is terminalied ndivi, ually and jointly forteaiJuarices ncurrad bakire for
12. FEES AND CHARGES -- if you give us a security Irtst in certain types of
property, we may charge you a fling be to perfect our interest In the pnaperly. If so. the
amount of the fee will be disclosed to your at the tine you obtain an advance. We may
also charge you other leas in contec Lion with the Plan. Those fees am disclosed on the
Addendum and will be added to your loan balance unless you parr 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
Inbrmation you provided to us changes. Upon our request you also agree to provide
us updated financial information.
14. DEFAULT - The following paragraph applies to borrorwNv in Idaho,
Kansas, Maine and South Carolina: You will be in default d 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 tail to make a payment when due two times during any 12-month
period. You will be in default if breaking any promise made under the Plan materially
impairs your ability to repay what you owe or materially impairs ft condign. value,
or protection of or our right in any property you gave as security.
The following paragraph applies only to bonwrom in bwa: You will be is 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 of your ability to repay what you owe
under the Plan.
PSECU FORM $3146
tayyram-t n,%7-Nw7-1 f7svi
,GANLfNER' Credit and Securfty Credo Aoreft"Wt (oondnue07
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 faaxvfrrp paragraph applies to borrowers In off 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.
This Wowing paraynph apWfles to aff borrowers other than W?sconsfn
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.
17. 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 exert our rights later. We can enforce this Plan against your heirs or
legal t'epresenietives, If we change the terms of the Plan, you agree that this Plan
will con inue to protect us_
18. CONTINUED EFFECTIVENESS - if any part of this Plan is determined by a
court to be unanforce", tfie test will remain in effect.
19. NOTICE TO UTAH BORROWERS - This written agreement a final
exprmaklin of the agreement betove n you and ttta Credit Union. This written
agreement may not be contradicted by evidence of any oral agreement.
20. THE SECURITY FOR THE LOAN -You give us what is known as a security
interest it all property described in any rem pt, voucher or other document you
j
receive for an Advance (*ft 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 seamity Interest also includes airy 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 he" on the property. It the value
of the property declines, you promise to give us more property as security it asked
to de so.
21. WHAT THE SECURn Y INTEREST COVERS -- The security interest seamen
On Advance described In the receipt, voucher or any other document you receive at
the titre of the Advance and OW WdOnSiorM renawais or split VIngs of the
Advance. It also secures any other advances you have now or race" in the future
hander the Plant and any cthar amounts or bans, including any credit curd loam, you
owe us for any reason now or in the future, except any loan seamed by your prinsdpat
residence, K the property is household goods as dafinad by the Federal Trade
Commission Craft Practices Rate, the property will seams only the Advance and
not attar amounts you owe.
22 OWNERSHIP OF THE PROPERTY -You promise that you own the property Of
if the Advance is to buy the property, you promise you will use the Advance for that
purpose. You promise that no one else has any interest in or claim against the
property that you have not already told us about. You promise not to sell or lease the
property or to use it as security for a loan with another creditor until the 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.
23. PROTECTING THE SECURITY INTEREST - it 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 Anancing statement to protect our security Interest from the
cairns of others. If asked to do so, you promise to so a ficanxdng staternent. You
also promise to do whatever else via think is necessary to protect our security
interest In the pmpertyl. You promise to pay all costs, including but not limited to any
adore yr Ines, we incur in pneterting our security interests and rights in the property.
to the extent peat Met by cable low.
2e. USE OF PROPERTY - Uri the Advance has been paid off, you prcniss you
w (1) Use tfla property oarahiMy and keep it in !ice rspsK (2) Obtain our written
where the property is icy (3 rribrm Lis 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.
25. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR
VEH LE -- 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.
26. vERmow NOTICE To co_s*NER -- YOUR SIGNATURE ON
THIS NOTE NMEANSTHATYOU ARE EQUALLY LIABLE FOR
REPAYMENT OF THIS LOAN. IF THE BORROWER DOES
NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT
FROM YOU.
27. NOTICE FOR ARIZONA OWNERS OF PROPERTY -- it is unlawful for you to
fail to rebxn a motor vehicle that is subod to a security interest, within thirty days
after you have received netios of default. The notice YAH be mailed to fits addtm
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
and/or a fine of $150.000.
This notice contains important Information about your rights and our responsibilties
under the Fair Credit Billing Act. You are advised to read your monthly statement
and review it for any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. If you think your statement is wrong, or if you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us In writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rigtft.
in your !attar; ghrs us the following shformaticn:
Your name and account ntmnber.
• The dollar amollnt 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 a it horized us to paya ova card amount automatically from your share
account or checking account, you can stop tune 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 sdneduled to occur.
YOUR RItiMTS AND OUR RESPOUSIBILMES AFTER WE RECEWE YOUR
WRITTEN NOTICE - Wa Must adtrto NW" your letter within 30 days, union we
have eonaoted the emir by flan: Within 90 days, we must either correct the error or
wVjdn why we bellow the statement was correct _
After we receive your !otter, we cannot try to collect any amount you question, or report
you as delinquent. We can continue to send statements to you for the amount you
question, including finance charges, and we can apply any unpaid amount against your
credit limn. You do not have to pay any questioned amount while we are investigating,
but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you vn# 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 tell to pay the amount that we think you owe, we may report you as delinquent.
liowevet, if our planation does not satisfy you and you write to us within ton days
teilpg 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 afi anyone we report you to that the matter has been
settled between us when it finally is.
If we dont follow these ruses, 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 problern with the marchant, you may have the
right not to pay the remaining amount due on the property or servioes. There are two
Iiiinflations on it" right (a) You must have made the purchase in your horror state or,
if not within your home state, within 100 miles of your currant mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we cam or operate the merchant, or if we maaed
-!?!Mr'tlst a4PYf61Nk.•_•: -?•i . .w _ _ . - -
Average Daily Balance for Cash Aidivances - Cash Advance Transactions which are
posted to your a=unt are not included in the Average Dally Balance Cakulatiorn for
the Cash Advan rb MontlRate: The Averageoe for
rmacfiorhs ? caknulated by BaMuHaea {Ca) for
ffissms sgly Bstance k tWalor perhlr fiorCastt Npost billing
In itw bMBnp? aria Utivy fire raatrtuer cakxAate trio Oatiy Befarroach day we take flope:
+e ? balatxae {aou owe) tut tM staThen,
uenhoe bin vrflch amounts ato ilex accent, wounts
its arnf stGNtaet the atmOUTdits or paymhante your
account that day. After apptyi ng payments and credits, we subtract t he amount of
any unpaid Fines 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 b? cycle. This gives us to Daffy Balance for Cash Advance
Transactions. Note. Advances are ahrays 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 dent which is being credited, if any, and then
to the balance of your account.
Note also that if the total of the payments and credits which are posted to your
account by the Payment Due Date shown on a statement is equal to or exceeds the
Ctw tt Card Apreerrwnt and Truth In RendfngDisclosure (conttnueoi}
+Jsw Balance shown on that statement, we will not apply the Monthly Periodic Rate
.o your Account on your next statement.
L DEFAULT - You will be in default If you fail to make any Minimum Payment
Milhhin 23 days after your monthly statement closing date. You authorize us to
aanstar funds sufficient to make the minbrrum payment due if your VISA loan is in
Setaull. You agree that we may temporarily suspend your ATM curd access if your
ASA payment is due for a period exceeding 30 days. You will also be in default if
W ability to "" us is materially reduced by a change in your employment, an
norease in your obl Insolvency Proceedings involving you,
Maxi death or yots failure to abide by Oft Agreement. or If the value of our security
aterest materially declines. We have the sight to demand Immediate payment of
h? acoaurt telarha if you default, avb)ect to our giving yar achy totloe required
ay faun To the ehannt perrnitad by law. you vrit also be rsquirod to pay our COIIBClion
tam, irhtcu>?rp coW't txrKs and attorthey t'r?.
! , U8SI6 THE CaARt3 - To nhak e a purcchase cash advance, liners ere two
albentretva prncaduraa to lost bio+aed. One is for to preserd the card to a
r6dpsdnp VISA plan nuasclusnt. or ana trerfirtartdaM and aipit ttta sales or
lash advance drat! vrhid? urge bit Mrhprhnsdd with your cad. The Omer tE to olorripieta the
Martsactori by using yow Personal Ma+ On Number (PIN) In oo trhdia n with the
wo hen Rearmed Teller Machlins or other type of e4**ct ice tefrnNeI that provides
glposras to the VISA s) lent. You Visit you will not use your card for any
GIs auction that is Woo under fad". state, or local taw. The raoninly
piiemii ntviii Wentityi era merdwrt, eietcrorte lanninal or financial institution al which
transactions were rne* but sale, cash advance, crecift or other slips pee imW with fits slatetnea 'ibu will retain a copy of such afips furnished at the time
em
cline transaction in order to verify the mcir" staternent. The Credit Union may make
e istionable change for photocopies of slips you may request.
th. RETURN AND ADJUSTMENTS - Merchants and others who honor the card
rtgey give coact for returns end ?. and they will do so by sending ua a Credit
dip wfiich vie vd11 post b yar aoxount. H your credo and payments emceed what YOU
tetra ns we evil thoid aahd apply this aestt balance agsnnst future purchases and cash
ux d k b orbs dour or more. refund it Ott your written request or
aktarnabceky alter sbr, rnhotgtfE.
t7. FON TRANSACTiONB - Putchaaes and cash advarnces made in foreign
autserhdea oil be biied b you th U.S. dciMars. The oxxrversiouh rats to sfoHara veil be
noels th scoordenae with the operating regulators for infernatorhal trerusactona
abbishad by VISA U.S.A., inc.
it PLAN MERCHANT DISPUTES -- We we not responsible for the refusal of any
oMn nnrcwmt or financisf iron to honor your card. W o are subject to cia" and
defenses (Omer than tort claims) arising out 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 ym or (b) your purchase cost
more than S50 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 sears your account, you grant us a purchase
money security intetast under the Undone Commercial Code in any goods you
purchase through the account. If you default. we will have the right to reoww any of
these goods which we have not been paid for through cur application of your
payments in the manner described in the Monthly Payment section. With respect to
this account orgy, we will not assert any statutory right we may have if you are in
default to prevent withdrawal of your unptedged 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 isoccount even though this sales, cash advance. credit or
other sips you sign or mcerve may contain different terms. We may amend the
Agreement from time to time by sending you the advance written nee required by
law. Your use OF the card thereafter will Indicate your agreement to the amendments.
To the aident the taw permits, and we indicate In our notice, amendments will apply
to your exh*v 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.
18. RUSH FEES - You may incur additional charges for rush processing and rush
delivery of nerds ardtor PIN matter.
17. DRAFT COPIES - You may incur an additional charge for transaction
summary/sale draft documentation.
18. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement.
it. ILLEGALTRANSACTiONS PROHIBITED -You agree that you will not use your
card for any transaction that is Riegel under applicable federal, state, or local taw.
20. NO USE - inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
21. NEURAL NETWORK - PSECU uses neural network systems to Predict and
Prevent u neuflmriaed transactions. There may be occasions when a transaction is
declined because it to Ind"tim of possible fr uumulent a
vafdates tie directions given Jost as your adu al signature and other Proof kfer"
you and authenticate and validate your directions to a human teller. You also
understand that a Merchant wdhich accepts the ATM CARD for a Purchase
transaction may have an electron onto terminal (Merchant operated or Setf-Servics)
which requires the use of your PIN and when your PIN Is used at a Msrtdw"
is minak it will authenticate and validate the directions given W a$ your actual
signature will authenticate and validate your directions given to us. You acknowledge
that your PIN is an identification code drall is personal and confidential and that the
use of the PIN with the ATM CARD is a sea rtty devise for your WcOu ut(s).
Therefore, YOU AGREE TO T/W ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LiASUM FOR UNAUTHORIZED TRANSACTIONS - You agree to coital us
at once if you boom the ATM CARD(s) issued to you or PIN hesbsen lost or stolen
or money is missing from your account(s). You also agree that if your monthly
stililemaird shoat's, irwisscijons, witch you did riot make, and you do not contact us
witrirh 00 days after the stalamant was mailed to You. you may riot get any money
lost' 't* ime. YOU AGREE It W IF YOU GfVE YOUR ATM CARO(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF AND YOU WELL BE RESPONSIBLE FOR ANY USE OF THE 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 ATM 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 ATM CARD. Do not keep a wrMW record of your PIN near
yox ATM 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 you
old card. Alter such time, if you find your oil card, destroy to old card by cutting It
in hall. If you attempt to use your old card, it will not work.
4. 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 sash
disbursement transaction (Wan advance or share, withdrawal) that is less than $20.
You agree to pay a 25 cart charge on each balance inquiry. You agree to pay the
charges or transaction fees which are charged by us for these services of for
services which may later be offered as such (am or charges may be imposed or
changed from time to lime.
S. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to verify the deposit before we make the money available
to you. M you deliver cash, checks or other terns to a STAR SYSTEMS ATM. you
undwsiand and acitrim edge filet the fronds from yw deposit may not be aftlabie
for immediate withdrawal and that the availability of your deposit shat 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
EhN*mk Furids-Transfer, ATM Amement and Reor !? atlon "E" Disclosure
(corttlnued)
STAR SYSTEMS ATM that is owned by us or another financial institution. You also
understand and admowtedge that not at STAR SYSTEMS ATMS may accept
deposits and some STAR SYSTEMS ATMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6. LIABILITY - If Me ATM 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. Mrfu agree that if you make deposits or payments to your account(s)
with i other than cash (checks, drafts or other items) and we make funds
avaitabie 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 rinds which are not collected.
7. AMENDMENT OF THIS AGREEMENT - Yob agree that from time to time we
may emend or change tle learns of this agreement Including amendments or
changes to add further ATM CARD services or to amend or change the changes for
these services M may do so by notifying you in writing of such amendments or
changes and your use of the ATM CARD after the effective date of any such
am rent or change shah constitute your acceptance of and agreement to such
amendment or change.
IL CWNERSW -You agree that the ATM CARD to our property and you will
surrender it to us upon our request. You agree that the ATM CARD is non-
9. DISCLOSURES - You hereby admowltKip receipt of the disclosure statement
kilbrming you of your rights under the Eiectrotic Finds Tratnsfar Act and a copy of
Oft Agreement.
FWWLATWIN 'E" DMLOSURE
1. ELECTRONIC CHECK COWERSIoNfELECTRGNIIC RETURNED CHECK
FEES -- If you pay for ailmollift with a chock or stare draft, you may authorize it
to be converted to an electronic fund tranall r. You may also authorlte merchants to
electronically debit your account for returned check lees You are considered to have
auuwxb*d these electronic (rods transfers if you domplate the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may be
pmoessad electronicalty or if you sign a written authorization.
2. SUMIIARY OF CONSUMER LIABILITY -
- ATM, ACH and SST - Tell us at once if you believe your card has been lost
or sortert. Tatephonilq is the best way to keep your passible lasses dawn. You could
loan so the money in your account plus your maximum overdraft &e of Mciit. if you
bellow your card has been bat or stolen, and you tell to within two business days
alter you tarn of the lass or Melt, you can lase no more than $50 if someone used
your cad without your permission.
if you do not let 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 caald without your permission if you had told us, you could lose as much as
5500.
Alec, 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 malted to you, you may
not get back any money you lost after the W days if we can prove that we could
he" stopped someone Rom 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
act extend the time periods.
3. TELEPHONE DER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS-
ATM - Contact PSECU at (800) 237-7328 EXT 3808 (nationwide) or (717)
(kt+%rdsburg). After hours. foftow the menu options on PSECU s
voice mail system to report a last or stolen cad. For VISA Credit or Deb#
Cards, follow ft *ocillloria floc Last Cabal Notifcalfob under the VISA Credit
Card Agraemertt and Rudi4r-twx" Disclosures secam of fMs document.
• ACH OW SST - Contact PSECU at (800) 237-7:328 (natbm -Ade) or (717)
234414I14 (in Hsrdsb rg?
Or wrte to to at
Parmylvanlis Stale Employees Credit Union
PO. Bert 67013
Harrisburg, PA 17IW7013
PSECU Business Hours:
7:00 a.m. - 5:00 p.m. M - F
TOO (800) 472-1967 Natiorxvide
(717) 777-2100 in Harrisburg
4. FINANCIAL 1NSTITUTION•S BUSINESS DAYS -
• ATM, ACH and SST - PSECU s Business Days are Monday through Friday,
Holidays not included.
TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE -
• ATM - Salannce inquiries on checking, savings and PSL; wnthdrawals from
chedcinghwings: cash advance from PSL; deposits to chedkingtsavings:
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.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
ATM -Fitly 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 - $20 service charge for insufficient fiords for each electronic transfer.
• SST - nonce
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFTS -
• ATM - You are entitled to receive a printed receipt at the time of each
transaction. You will race" a monthly statement showing the status of your
account, any transactions made during the month. and any penalties or
charges PSECU may impose during the month.
• ACH and SST - You will receive a monthly statement stowing the status of
your account, any transactions made during the month, and any penalties or
charges PSECU may Impose during the month.
• If you have arranged to have a direct deposit made to your account at least
once every 60 days from the same person or company, you can catl us at
(800) 237-7328 to In0 out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS - PRE-AttT IZED TRANSFERS -
• ATM aril SST - Not applicable.
• AC" - Right to Stop Payment and Procedures for doing so. If you have told
us to advance to make regular p ft 0 _of your ,c aWnt. M_ A49 _
arty of these payments. Here`s how: Cad us at (800) 237-732$ (Nationwide)
or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania Side Employees
Craft Union, PO. Boa 87013, Harrisburg. PA 17106-7013. In time for tie to
rot" your request three business days, or more before the pa ymard Is
scheduled to be matte. If you tall, we may also require you to put your request
in write wW gat It to us within 14 days after you call.
• Nootce ofi0eryhrp Anrarrnts. If these regular payments may vary in amount,
the person you a* going to pay will heh you, 10 days befoe each payment,
when It will be made and haw mutt it will be. You may choose Instead to gat
this notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would fail outside certain
limits that you set.
• LlabMW ttpr FoArrr to Slop Payment of Proarid orl:ad Tnanstenr. If you
order us to stop one of thane payments, three business days or more before
the transfer is sctectulled, and we do not do so, we will be liable for your bases
or damages, unless we request and do not receive written confirmation of an
oral stop payment within 44 days and the transfer taftes piece after 14 days,
or you bit to give us proper instructions that would enable us to piece the stop
on the trarisAer.
9, SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAiNTRANSFERS -
ATM - If PSECU fats to complete a tra"cilot on time or in the correct
amount, when properly Instructed by you, PSECU will be liable for damages
caused by our fable kttless: (1) theme are i suffident 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 it your account plus any available overdraft protection: (5)
the STAR Systems,. PLUS system has irtsuffich" cash to compkude the
transaction. (6) your card has been reported lost or stolen and you are using
the repotted card: (7) PSECU has reason to believe that the transaction
requested-% unaulf ;'(>S Ift IMfture Is due td elf"
that you know about when you started the transaction at the STAR Systems,
PLUS System; (9) the Witue was caused by an act of God, fire, or other
t ophe, or by any other cause beyond corttroG (10) If you attempt to
complete a transaction that, at a STAR Symms, PLUS System, or merchant
terminal Ufa( N not a permissible transaction fisted above; or, (11) the
her it bctiat would exceed the security limitations on the use of your ATM
CAROL
ACH and SST - If PSECU Iola to complells a transaction on time or in the,
correct amount where property instructed by you. PSECU will be liable for
damages caused by our bltue unless: (1) there are irhsuffident funds it your
accou nt to complete the transfer; (2) the funds in your account are
unwed: (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 Cod, free, or other
catastrophe, or try another cause beyond control. In any case. PSECU shah
be fable 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.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will drselose information about you aunt to
thud 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
Emctrnak Funds Transfer ATM Agmmenf and ftguladon "E" Disc&su
(condnueol
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: Regulation P. Privacy of Consumer Financial Information:
and (7) when it is necessary to take legal action to recover shares.
11. STAR SYSTEMS SERVICES --
ATM Only -You may use your ATM CARD with your Personal tdantfication
Number (PIN) at STAR SYSTEMs located in Delaware, Maryland. Now
Jersey and Pennsylvania to conduct any of it* following transactions for the
accounts accessed by your ATM CARD.
a) Determine the aunt 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 s casts advance from your Personal Service Loan (PSL).
d) Deposit currency. alecks, or draft (coins are not acceptable) for
tranarniesion to PSECU for deposit in your Checking and your Regular
Shwes.
15. tJM1=0101S ON THE USE OF YOUR ATM CARD --
• ATM Only -You may withdraw up to SHOO per day from one or a combination
of your` accounts by using a ATM CARD provided the kinds are available at a
STAR SYSTEMS or PLUS SYSTEM ATM. in addition. you may
wilixtew4ur0hase up to $600 at point of sale locatronL PSECU reserves the
right to reduce this deny knit at any rms. In the event that your daily limit is
less than $500. PSECU will advise you of Cie new limitation. The day for
withdrawal firrilts starts at 12 midnight each day and ends at 12 midnight the
neat day. For security purposes, there one also certain daily limitations on the
frequency of use of the ATM 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 dented use of your ATM CARD if you exceed the daily
within weVtwrchase emit, 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 STAR
SYSTEMs or PLUS 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 ATM CARD. The number
of attempts that result in machine retention is not revealed for security purposes.
16. ERROR RE30LUTiON PROCEDURES -
• ATM, ACH and SST - In cause of errors or questions about your transactions:
Direct inquiries to PSECU at (800) 237-7328 Nationwide, MD (800) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania Stale Employees Credit Union, P.O. Bolt 67013, Harrisburg. PA
117106-7013, as soon as you can it you think your statement or receipt is
wrong, or If you need more inkarmabon about a transaction listed on the
statement or receipt. PSECU must hear from you no haw than 60 days after
0 sent you the first statement on which the problem or error appeared. You
must provide the following information: (a) Your name. account number. and
ATM CARD number (if a ATM transaction), or reference number (if SeW
Service Teli phoxi Transac ion} (ti) 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 oraify, you must send your complaint or question in writing
within 10 business days. PSECU win tell you the results of the Investigation
within 10 nosiness days for STAR SYSTEMS, PLUS SYSTEM, , SELF-
SERVICE TELEPHONE, or DIRECT DEtSIT/CREDIT TRANSACTIONS, or 20
days for STAR SYSTEMS purchase transactions. C we tread more time,
however, we may take up to 45 days for STAR SYSTEMS, PLUS SYSTEM,
SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or
90 days for STAR SYSTEMS purchase transactors. If PSECU decides to do
this, it will rec redit you account within 10 business days for the amount you think
is in error if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBITMREDIT transaction, or 20 business days if in
is a STAR SYSTEMS purchase trarmiction. You hrvle have the use of the money
during the time it takes to complete the investigation. If PSECU does not receive
your complaint or question in wrOV within 10 business days, PSECU may not
recredlt your account ff PSECU decides there is no error, you will be advised
within three business days after the ' immestigation is conVkftd. You may ask for
copies of the documwft PSECU used in the ' if PSECU credits
your account wtft hnres0galing, you must repay those Rinds If PSECU
concludes no error has occurred.
17. ATM SURCHARGE -- If you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used in processing the transaction (and you may be charged a fee for a balance
Inquiry am if you do not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to compkets the transaction.
Nodes 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 dox, dose the door prior to initiating your transaction.
• Put you cash awey immedlataiyt
• Direct complakitsfiWKerning ATM security to an appropriate deparbnert of
the owner of the ArM. Now Jersey rosidenta: you may can the Now Jersey
Department of Banking at (t309) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05994 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE EMPLOYEES C
VS
MINNICH CATHY L
MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MINNICH CATHY L
the
DEFENDANT , at 1300:00 HOURS, on the 29th day of October , 2007
at 3505 SIMPSON FERRY ROAD
CAMP HILL, PA 17011-6406
MIRIAM MOHLER
by handing to
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 18.00
Service 13.44
Affidavit .00
Surcharge 10.00
.00
J1/0 /,D-7 » 41.44
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
10/30/2007
VAN ECK & VAN ECK
,-
By:
Deputy Sheriff
of A. D.
07-5994
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Defendant
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
CATHY L. MINNICH,
rn
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 07-5994
PRAECIPE TO WITHDRAW/ENTER APPEARANCE
Kindly withdraw the appearance of Melissa L. Van Eck, Esquire as counsel for
Pennsylvania State Employees Credit Union and enter the appearance of Shawn M. Long,
Esquire as counsel for Pennsylvania State Employees Credit Union, regarding the above-
captioned matter.
Papers may be served at the address set forth below.
BARLEY SNYDER LLC VAN ECK & VAN ECK, P.C.
'r
By: Z .. By: 4")w
Sh?vviZ M. Long, Esqui Melissa L. Van Eck, squire
Court I.D. 83774 Court I.D. 85869
126 East King Street
Lancaster, PA 17602-2893
717.299.5201
Date:
7810 Allentown Blvd., Suite B
Harrisburg, PA 17112
717.540.5406
Date:
3000780-]
FfL.D OFFICE
O THE PROTHONOTARY'
2011 JUNI 23 AM 11= 24
CUMBERLAND COUNTY
PENNSYLVANIA
07-5994
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602 Attorneys for Plaintiff
(717) 299-5201 Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
CATHY L. MINNICH,
Defendant
CIVIL ACTION - LAW
No. 07-5994
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union and
against Defendant, Cathy L. Minnich for want of an answer in the amount of $26,667.68 plus
interest and costs of suit.
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to
be due in the complaint and is calculable as a sum certain from the complaint.
( ) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify
that a copy of this praecipe has been mailed to each other party who has appeared in the action or
to his/her Attorney of Record.
32513491
am+ I.IU.?a
ek-#- ya?9.4
1-2 1641 d 46 99 ?
NA ?t pa?'Iecl
07-5994
(X) Pursuant to Pa. R.C.P. 237. 1, I certify that written notice of the intention to file this
praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the
date of the filing of this praecipe and a copy of the notice is attached.
Date:
BARLEY SNYDER LLC
By: /l/u,
haw . Long, quire
Court I.D. No. 83 74
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
126 East King Street
Lancaster, PA 17602
(717) 299-5201
NOW, '2011, JUDGMENT IS ENTERED AS ABOVE.
Prothonotary/Cl , Civil Division ator* 0. CsU-
By:
• , eputy
32513491
ww,
07-5994
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
CATHY L. MINNICH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 07-5994
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
The undersigned, Shawn M. Long, Esquire, doth depose and say that Cathy L. Minnich,
the Defendant is not in the Military or Naval Service, based on the following facts: Age of
Defendant is unknown; Present place of employment is unknown; Last known place of
Residence is 215 Greenwich Street. Kutztown. PA 19530 as of the date of this affidavit.
ADDITIONAL FACTS, if any.
The statements set forth in this affidavit are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
BARLEY SNYD LLC
By:
Shawn M. Long, Esquir
Attorneys for Plaintiff,
Court I.D. No. 83774
126 E. King Street
Lancaster, PA 17602
717.299.5201
32513491
07-5994
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Keith Mooney, Esquire
Court I.D. No. 83774, 74001
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
CATHY L. MINNICH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 07-5994
AFFIDAVIT OF SERVICE
Kelly Cunneen, Paralegal, doth depose and say that she served a true and correct copy of
the 10-Day Default Notice upon Cathy L. Minnich at 215 Greenwich Street, Kutztown, PA
19530 by first class mail on June 6, 2011 at 5:00 p.m.
The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
Date: June 6, 2011
BARLEY SNYDER LLC
By:
Kelly C *en, Paralegal
126 East King Street
Lancaster, PA 17602-2893
717.299.5201
32380861
07-5994
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Keith Mooney, Esquire
Court I.D. No. 83774, 74001
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
CATHY L. MINNICH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION LAW
No. 07-5994
Defendant
To: Cathy L. Minnich
Date of Notice: June 6, 2011
IMPORTANT NOTICE
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 THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH
32380861
07-5994
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
BARLEY SNYDER LLC .045ir? 992???'
By:
Shawn M. Long, Esquire
Keith Mooney, Esquire
Attorneys for Plaintiff
Court I.D. No. 83774, 74001
126 E. King Street
Lancaster, PA 17602
717.299.5201
32380861