Loading...
HomeMy WebLinkAbout07-5995a1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. 0q_!sq' 5 0'iV1[ ( m CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant : 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 Assocation 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800-990-9108 Document #: 180057.1 EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant : CIVIL ACTION -LAW AV I S O PARA DEFENDER Conforme a PA Num. 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) dial 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 Assocation 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. . BRIAN J. SWETT Defendant NO. - 5 9 9-r .?-- 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, Brian J. Swett, is an adult individual with a last known address of 347 Walton Street, Lemoyne, PA 17043-2027. 3. Defendant is, and at all relevant time material hereto has been, the primary loan applicant. 4. Defendant applied to Plaintiff for a Visa loan. A true and correct copy of said application is attached hereto, incorporated herein and marked as Exhibit "A". 5. The application submitted by Defendant was approved by Plaintiff. 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 Document #: 180057.1 Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B" 7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 8. Various charges and payments were made by Defendant on the account. 9. Defendant has defaulted on the loan by failing to make timely and regular payments. 10. The last payment made by Defendant was on September 30, 2004. 11. Defendant is required under the contract to make regular and timely payments. 12. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 13. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 14. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 16. As of October 10, 2007, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Fifteen Thousand Two Hundred Ten Dollars and 43/100 ($15,210.43). Document #: 180057.1 17. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 18. 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 Three Thousand Hundred Sixty-Seven Dollars and 08/100 ($3,067.08) have been added to the account. 19. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 20. 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, Brian J. Swett, in the amount of Eighteen Thousand Two Hundred Seventy-Five Dollars and 511100 ($18,277.51), 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, Esquire 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: C? 2? g rV16 2 Date: Document #: 180057.1 EXHIBIT "A" VISA ACTIVATION NOTICE May 1, 2000 Loan Information: SS #: 181-50-5398 Applicant: BRIAN SWETT Ref #: 111860 598 Approval Amount: $15,000 Home Telephone #: 717 774-4369 Work Telephone #: 717 939-9551 Signature: I acknowledge receipt of the PSECU LOANLINER Disclosure and Credit Agreement and agree to bound by the terms set forth in said agreement. <a° T/,( /Ou Signature of BRIAN Date • I would like an immediate VISA advance of $ . PURPOSE: Send a ? check, or deposit to my S4 (MoneyHandier/Checking Shares) • You may have one additional card issued on your VISA account. Indicate your choice below: [J Please issue an additional card in the name below. I authorize him/her to use it and I accept full responsibility for all charges and/or cash advances just as though I made them. Authorized card holders may not order replacement cards or obtain VISA account Information (Le. detailed transactions, balance information, payment activity). BRIAN SWETT must sign below. Cam' Name of Authorized Card Holder Signature of BRIAN SWETT SCANNED.. Reference-Number Applicant - Consent Teller Number Applicant - Is Application-Date Loan_Request Type_of Loan Source Amount-Requested Prim ary_First_Name Primary_Last_Name Social_Security_Number Birthdate Home-Area-Code Home-Telephone-Number Business Area Code Business-Telephone-N umber Present_Address_Line_A Present_Add ress_Li ne_B Present - city Present State Present_Zip_Code Present Plus 4 Code Residential-Status Time-at-Present-Address Previous_Address_Line_A Previous city Previous State Previous_Zip_Code Previous-Plus-4-Code Time-at-Previous-Address Employer Name Occupation Date_Started_Pres_Em ploy Date_Started_Prev_Employ Ending_Date_Prev_Employ Salary Salary_Pay_Basis Other-income Other_I ncome_Pay_Basis Other-Income-Source Checking_Account_Ref Savings-Account-Ref Month ly_Housing_Payment Other _Monthly_Payments Credit_Type_1 Credit-Month ly_Payment 1 C red it_Type_2 Credit_Monthly_Payment_2 Credit _Type_3 Credit Monthly_Payment_3 Credit_Type_4 111860 AYES 31 20000428 PSLV VISA XPHONE 15000 BRIAN SWETT 181505398 08/08/1956 717 774-4369 717 939-9551 320 4TH ST NEW CUMBERLAND PA 17070 2119 H PA TURNPIKE COMMISSION/ DIRECTOR OT 065000.00 A Y Y 0010 Credit_Monthly_Payment_4 Credit_Type_5 Credit_Monthly_Payment_5 Coapp _First Name Coapp _LastName Coapp _Social Coapp _Birthdate Coapp _Home_Area_Code Coapp _Home_Telephone Coapp _Business_Area_Code Coapp _Business_Telephone Coapp _Present_Address A Coapp _Present Address B Coapp _Present City Coapp_Present State Coapp _Present Zip_Code Coapp _Present_Plus_4_Code Coapp _Residential_Status Coapp_Time_at Present_Address Coapp _P revious_Address_A Coapp _Previous_city Coapp _Previous_State Coapp _Previous_Zip_Code Coapp _Previous_Plus _4_Code Coapp_Time_at_Previous_Addres Coapp_ Employer_Name Coapp_Occupation Coapp_Date_Started _Pres Coapp_ Date_Started_Prev Coapp_ Salary Coapp _Salary_Pay_Basis Coapp _Other_Income Coapp _Other_Income _Basis Coapp _Other_lncome_Source Coapp _Checking_Account_Ref Coapp _Savings_Account_Ref Coapp _Monthly_Housing_Pay Coapp_ Other Monthly_pays Coapp_ Credit_Type_1 Coapp_ Credit-Month ly_Pay1 Coapp_ Credit Type_2 Coapp_ Credit Monthly_Pay2 Coapp_ Credit_Type_3 Coapp_ Credit-Month ly_Pay3 Coapp_ Credit_Type_4 Coapp_ Credit Monthly_Pay4 Coapp_ Credit_Type_5 Coapp_ Credit-Month ly_Pay5 Applicant-Financial-Questions Coapp_ Financial_Questions Yes-1-to- Questions Yes-2 -to-Questions NO WORK PHONE EXT: 5370 Reference-Number 111860 Reference-Name Reference Phone Number Reference Address Reference_City Reference-State Reference_Zip_Code Insurance-Requested Purpose PERSONAL Assets Approving_Loan_Officer 598 Loan-Slot 9 Approval _Amount 15000 Advance-Amount 000000.00 PSL_Coll _Purpose-Codes VISA_Coll_Purpose_Codes Repayment Method_PSL Frequency_PSL Transfer cycle _PSL Payment _Due_Date Alt-Payment-Amount Mail _FexEx_Pickup Date-and-Time Memo-1 DR ACCORDING TO APP CALCULATIONS W/NEW LOC = 24% Memo _2 Memo _3 Memo _4 Import-Reference-ID 310137304282000 Decision_Party A Account-Number System_ID CRED Credit-Limit 010000.00 App_Score 046 CB-Score 0191 Total-Score 237 Coapp_App_Score Coapp_CB_Score Coapp_Total_Score Blank-Scored-Items 00 Coapp_Blank_Scored_Items Evaluation-Cutoff 180 Scoring_System_Population 0 Reason-for-Decline-1 Reason-for-Decline-2 Reason-for-Decline-3 Reason-for-Decline-4 Review-Indicator-1 Review-Indicator-2 Review_]ndicator_3 Review Indicator 4 Review Decision Status_Change_Code EXHIBIT "B!! PSE(O Pennsylvania State Employees Credit Union PO. Box 6,7013 ? Har,;sburg, PA 77106-7013 • 1717) 234.8434 Harrisburg, (800) 237-7328 Natenwide Loan Disclosures This LOANLINER' Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents include this Agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. This is a multi-state document which may be used to tend to borrowers in all states. 1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called 'advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called'subaccounte) available under the Plan, the current interest rate for each subaccount expressed as a dally 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 data at the time of an advance. If the Addendum has no payment schedule for a subaocourd, your payment will be determined at the time of each advance. Payments must Include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even If you prepay, you wilt still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account, you will be responsibie for paying all overdraft advances obtained by a joint holder of the share draft account. Payments will be applied in the order the Credit Union chooses. 4. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You wig 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 ATWDebft card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain advances directly from the Plan, your liability will not exceed 550. If the unauthorized withdrawal is from a share draft account, your liability Is governed by the Regulation E disclosures you received at the time you received your ATM/Debh card, even R the withdrawal results in an advance being made from your overdraft subaccaunt. 5. FINANCE CHARGE -The dollar amount you pay for money borrowed is caged a'finance charge" and begins on the date of each advance. A finance charge wig be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) Is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest role, the Addendum explains tow the variable interest rate works, 6. SECURITY INTEREST - The Plan is secured by the shares and deposits in all joint and Individual accounts you have with the Credit Union now and in the future. Shares and deposits in an Individual Retirement Account and any other account which would lose special tax treatment under state or federal law 0 given as security are not subject to the security interest you have given in your shares and deposits. Additional security may be required depending on the subaccount under which an advance is requested. For example, a subaccount caged "New Car Advances" means the security will be a new car. A subaccount called 'Other Secured Advances' means you must offer security acceptable to the Credit Union for the advance. Property given as security for any advance under the Plan will secure all other amounts you owe under the Plan or under any other Agreement with us now or in the future. Property securing other loans with us may also secure the Plan. However, If you have given your dwelling as security for a loan with us, that dwelling will not secure an advance made under the Plan. 7. PROPERTY INSURANCE,TAXES AND FEES -You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property Insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or 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. You authorize us to endorse any draft or check which may be payable to you in order for us to co4w any refund or benefits due under your insurance policy. You promise to pay all taxes and fees (like registration fees) due on the property and to keep the property insured against loss and damage. 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 harts for the purpose of determining whether you and other borrowers have complied with the insurance requirements of its loan agreements or may engage others to do so. The insurance charged added to your advance may include (1) the Insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or Insurance to the unpaid balance of your advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE - if you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our Interest in the property. The Insurance will not be liability Insurance. 9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional under the Plan. If you qualify for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended beyond the approximate term stated on the Addendum. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. 10. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices win 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 an amounts owed. That means we can enforce our rights under the Plan against any one of you Individually or against all of you together, if you give us inconsistent instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance each of you authorizes the other(s) to obtain advances Individually and agrees to repay advances made to the other(s). 12. FEES AND CHARGES - If you give us a security interest in certain types of property, are may charge you a filing fee to perfect our interest in the property. If so, the amount of the foe wig be disclosed to you at the time you obtain an advance. We may also charge you other tees in connection with the Plan. Those fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. 13. UPDATING CREDIT INFORMATION -You promise that you will promptly give us written notice if you move, change your name or employment, or 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 Idaho, Kansas, Manna and South Carolina: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers in Wisconsin: You will be in default if you tail to make a payment when Cue 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 wnat you owe. You will also be in default if breaking any promise made under a Security Agreement made in connection with an advance, materially impairs the condtton, value, or protection of or our right in the property you gave as security. The following paragraph applies only to borrowers In Iowa: You will be in detautt if you are more than 10 days late in making a payment. You will also be in default if CCJNA MUTUAL GROUP, 1980, 82, 84, 86. 89, 97. ALL RIGHTS RESERVED PSECU FORM 43146 J8XY.0c-01-i 037-2792.1 (3,W) LOANLINER' Credit and Security Credit Agreement (continued) you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security of your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all other states; You will De in default if you do not make a payment of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make-any false or misleading statements in any credit application or update of cred t information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us. 15. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia and South Carolina: When you are In default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers In all other states except, Wiawnsin 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 ail 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 towards what you owe. We can also exercise any other rights given by law when you are in default. You agree the Credit Union has the right to take possession of any property given as security for an advance under the Plan without judicial process If this can be done without breach of the peace. It we ask, you promise to deliver the property at a time and place we choose. We will not be responsible for any other property, not covered by this Agreement, that you leave inside the property or that Is attached to the property. We will try to return that property to you or make It available to you to claim. After we have possession of the properly, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sacs or the date after which a private sale will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost to storing the property preparing 4 for sate and attomey's fees to the extant permitted under state law or awarded under §SW(b) of the Bankruptcy Code. The rag of the sale money will be applied to what you owe under the Plan. 16. ACTIONS AFTER DEFAULT - WISCONSIN - The following paragraph appilas only to IrYlaconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of the property. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses incurred in disposing of the property. It 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 422A13 of the Wisconsin Statutes. , 17. ACTIONS AFTER DEFAULT - LOUISIANA - The following paragraph applies only to Louhdarna borrowers: When you are in default, we can require vrrnedlsts, payment (Aeration) of fine entire unpaid balance under the Plant. You wale any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. It Immediate payment is demanded, you wilt continue to pay Interest until what you eve has been repaid at the applicable Iterest rates in affect unieas a defauft rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits glen as security for the Plan can be applied towards what you Dare. We can also exercise any other rights glen by law when you are in default and our runts Lander any security agreements you have with us. 18. CANCELLING OR CHANGING THE PLAN - The following paragraph apples only to borrowers in 181nols: 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 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in lowa: We can change the terms of the Plan from time to time after giving you any advance nonce required by law. A change that increases the rate of finance charge or other chage, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only it you agree to the change or you use the Pian after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion, and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all borrowers 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 Pian. Sections 21-25 apply if you give security In connection with an advance under the Plan. They apply to borrowers In all states except Louisiana. Louisiana borrower: will execute a separate security agreement. Borrowers In other states may also be asked to execute a separate security agreement. 19. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. If we change the terms of the Plan, you agree that this Plan will continue to protect us. 20. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court to be unenforceable, the rest will remain in effect. 21. THE SECURITY FOR THE LOAN - You give us what is known as a security interest in all property described In any receipt, voucher or other document you receive for an Advance (`the Advance"). The securiy 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 troy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance, it also includes any money you receive from selling the property or from Insurance you have on the property. If the value of the property declines, you promise to give us more property as security if asked to do so. 22. WHAT THE SECURITY INTEREST COVERS -- The security interest secures the Advance described In the receipt, voucher or any other document you receive at the time of the Advance and arty extensions, renewals or refinancings of the Advance. It also secures any other advances you have now or receive in the futurs under the Plan and any other amounts or loans, Including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe. 23. OWNERSHIP OFTHE PROPERTY - You promise that you own the property or if the Advance is to buy the properly, 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. 24. PROTECTING THE SECURITY INTEREST - If your state Issues a title for the property, you promise to have our security interest shown on the title. We may have to fie what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement You also promise to do whatever else we think is necessary to protect our security interest In the property. 25. USE OF PROPERTY - Until the Advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to Inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 26. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE. THE MOTOR VEHICLE 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 PAYTHE DIFFERENCE 27. VERMONT NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OFTHiS LOAN. IFTHE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT If you think your statement is wrong, or 4 you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your larter, give us the following information: Your name and account number. ' The dollar amount of the suspected error- Describe the error and explain, it 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 mount, 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 ft automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount In this Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement Card means the VISA Credit Card and any duplicates and renewals we issue. Account means your VISA Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. RESPONS4611LITY -- If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card Is recovered. You cannot disclaim responsibility by notifying us, but we will dose the account for new transactions if you so request and return all cards. Your obligation to pay the account balance continues evert though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will immediately calf the Credit Union at (717) 234-8484 or (800) 237-7328. After hours tall (800) 558-5678. 3. IUABTL1TY FOR UNAUTHORIZED USE - You understand that your total liability to the Credit Union shall not exceed $50 for any card transactions rosuiting from the toss, theft or unauthorized use of the card that occurs prior to the time you give notice to the Credit Union. Such liability does not apply when the card is used to make electronic hind transfers. The Credit Union uses neural networks, which by artificial intelligence can recognize and alert us to potential fraudulent transactions. These alerts may generate Inquiries about your use of the card and we apologize for any inconvenience this night cause. 4. CREDIT LINE - it we approve your application, we will establish a self- replenishing Una of Credit for you and notify you of its amount when we Isspe the card. You agree not to let the account balance exceed this approved Credit Une. Each payment you make on the account will restore your Credit Una by the amount of the payment which Is applied to the principal. You may request an increase in your Credit Line only by written application to us, which must be approved by our credit committee or ban of er. 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 tints, 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 strrander 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 shaving 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 arty other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum paymerit automatically to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) SM.00, whichever is greater. In addition, at any time your Total against your credit hrnit. You do not have to pey any questioned amount while we are investigating, but you are still oblicated to pay tree parts of your statement that are not in question. If we find that we made a mistake an your statement, you will not have to pay any finance charges related to any questioned amount. If vie didn't make a mistake, you may have to pay finance charges, and you wi!I have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when It finally is. If we don't follow these rules, we can't collect the first 550 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 S50. These limitations do not apply if we own or operate the merchant, or H we mailed you the advertisement for the property or services. New Balance exceeds your Credit Urfa, you must Immediately pay the excess upon our demand. We wM apply payments In the following manner. fist to previous late Was, theft to previous cash advances finance charges, linen to previous purchase finance charges, than to current We Mae. than to previous cash advance balances, then to previous purchase balances in the order that they were posted to you aceoura, then to c ufferd Cash advance balances, and then to current purchase balances. 7. FINANCE CHARGES-You can avoid Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases. for the billing cycle by the monthly periodic purchase rate as disclosed on the addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate. Balance Computation Method Average Dally Balance kv Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subjec-t to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for cash each day, we take the following steps: We take the outstanding balance (alt amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for Cash Advance Transactions. Note: Cash Advances are always subject to finance charges and from the day they are posted to your account. Payments are applied in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to p,evious cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Credits are applied first to the particular type of debt which is being credited, if any, and then to the balance of your account. VISA' Credit Card Agreement and Truth in Lending Disclosure (continued) Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, wo will not apply the Monthly Periodic Rate to your Account on your next statement. 8. DEFAULT - You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to transfer funds sufficient to make the minimum payment due if your VISA loan is in default. You agree that we may temporarily suspend your ATM card access if your VISA payment is due for a period exceeding 30 days. You will also be in default if your ability to repay us is materially reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or if the value of our security Interest materially declines. We have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are two alternative procedures to be followed. One is for you to present the card to a partiapating VISA plan merchant, to us or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the VISA system. You agree that you wig not use your card for any ttz tcticin that is Illegal under applicable federal, state, or local law. The monthly statement will klentffy the merchant, electronic terminal or financaf institution at which transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statemenLYou will retain a copy of such slips tumished at the time of the transaction in order to verify the monthly statement. The Cred+'t Union may make a reasonable charge for photocopies of sips you may request. 10. RETURNS AND ADJUSTMENTS Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your account. It your credit and payments exceed what you owe us, we wig hold and apply this credit balance against future purchases and cash advances, or if it is one dollar or more, refund it on your written request or automatically alter six months. MONEY ACCESS CARD CARDHOLDER AGREEMENT • The Undersigned (you or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our and us) issuing to you a MONEY ACCESS CARD, hereby agree to be legally bound by the following terms and conditions. You agree that the use of your MAC card(s) constitutes acceptance of the terms and conditions of this Agreement. You understand that MAC" is a credg-related service and you authorize PSECU to obtain a credit report on any users of tills account. 1. Accounts and Uses of MONEY ACCESS CARD You have the account(s) (including Chaddng and Regular Shares), which we set forth on your application form with this Agreement. You hereby request that we issue to you one or more MONEY ACCESS CARD(S) to be used in connection with such accounts as described In this Agreement. You understand you may use the MONEY ACCESS CARD at a MONEY ACCESS CENTER' to (1) withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from your account, (4) receive information regarding the balance In your account(s) or (5) make cash advances from your credit account(s) in the amounts you request You may also use automated teller machines throughout the United States and in certain foreign countries which bear the PLUS SYSTEM' name and logo (1') to make withdrawals from, (2) effect transfers to or from, (3) receive information regarding the balances in your Checking or Regular shares. If you have a Personal Service Loan approved and in piece, you may also make a cash advance from your PSI... You further understand you may use the MONEY ACCESS CARD to purchase goods and services ("Purchase) at any retail establishment ("Merchant') where MONEY ACCESS CARDs are accepted by such Merchant. If you use the MONEY ACCESS CARD to make a Purchase to obtain cash, If permitted by the Merchant, you shat) be requesting us to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant You request that we will provide to you such other services or access to other ATM systems or networks using the MONEY ACCESS CARD which we may later make available and which we advise you are offered in connection with your account(s) set forth on your application form. You also understand that from time to time you may request in writing that we provide access to additional accounts of yours through the MONEY ACCESS CARD we have issued to you. You agree that the uses of the MONEY ACCESS CARD described in this Agreement shall be subject to the rules and regulations of each account which is accessed by such Card. 2. Use of Personal Identification Number ("PIN") with MONEY ACCESS CARD You understand that a MONEY ACCESS CENTER or a PLUS SYSTEM ATM is an automated teller. It can and will perform many of the same tasks as a human teller. You acknowledge that the Personal Identification Number or PIN which you use with the MONEY ACCESS CARD is your signature, identifies the bearer of the Card to the MONEY ACCESS CENTER, PLUS SYSTEM ATM, or other network ATM and authenticates and validates the directions given just as your actual signature and other proof identity you and authenticate and validate your 11. FOREIGN TRANSACTIONS -- Purchases and cash advances made in foreign countries and foreign currencies will be billed to you in U.S. dcffars. The conversion rate to dollars will be (1) the wholesale market rate or (d) the goverrimen: -mandated rate, whichever is applicable, in effect one day prior to the processing date, increased by one percent. 12. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any plan merchant or financial institution to honor your card. We are subject to ctalms and defenses (other 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 you, or (b) your' purchase cost more than 550 and was made from a plan merchant in your state or within 100 mites of your home. Any other disputes you must resolve directly wfth the plan merchant. 13. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account, However, it 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 aft 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 aA transactions on your account even though the sales, cash advance, credit or other sups 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 Oil indicate your agreement to the amendments. To the extant 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 pail within 15 days after the Payment Due Date, you will be subject to a single charge of 5% of the minimum scheduled payment. 18. COPY RECEIVED -- You acknowledge receipt of a copy of this Agreement. directions to a human teller. You also understand that a Merchant which accepts the MONEY ACCESS CARD for a Purchase transaction may have an electronic terminal (Merchant operated or Self-Service) which requires the use of your PIN and when your PIN Is used at a Merchants terminal, it wig authenticate and validate the directions given just as your actual signature will authenticate and validate your directions given to us. You acknowledge that your PIN is an identification code that is personal and confidential and that the use of the PIN with the MONEY ACCESS CARD is a security devise for your account(s). Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PIN. 3. Liability for Unauthorized Transactions You agree to contact us at once if you believe the MONEY ACCESS CARD(s) issued to you or PIN has been lost or stolen or money is missing from your account(s). You also agree that if your monthly statement shows transactions which you did not make, and you do not contact us within 60 days after the statement was mailed to you, you may not get any money lost after that time. YOU AGREE THAT IF YOU GIVE YOUR MONEY ACCESS CARD(s) and PINTO 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 could lose all your money In the account(s) if you take no action to notify PSECU of the loss of your MONEY ACCESS CARD or PIN. Safeguard your Personal hdentificaYron Number (PIN). Do not tell or disclose your PIN to any other person. Do not write your PIN on your MONEY ACCESS CARD. Do not keep a written record of your PIN near your MONEY ACCESS CARD. Do not choose a PIN that Is amity 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 halt. If you attempt to use your old card, K will be captured and retained by the MONEY ACCESS CENTER, PLUS SYSTEM, or HONOR ATM. Charges You agree to pay a 50 cent charge for each deposit or withdrawal exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash disbursement transaction (loan advance or share withdrawal) that is less than 520. You agree to pay a 25 cent charge on each balance inquiry. You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered as such tees or charges may be imposed or changed from time to Gme. Deposits You agree that when you make a deposit at a MONEY ACCESS CENTER that we have the right to verify the deposit before we make the money available to you. If you deliver cash, checks or other items to a MONEY ACCESS CENTER, you understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular account in which you Electronic Funds Transfer, MAC AgreerT ont Alt d Regw1 fion_'E_' Disclosure (continued) are making a deposit, the items that you are depositing and w ic:rar tr:e ceposit is made at a MONEY ACCESS CENTER that is owned by us or another financial institution. You also understand and acknowledge that not all MONEY ACCESS CENTERs may accept deposits and some MONEY ACCESS CENTERS may limit the amount of funds which may be deposited and we may not control these limits. 6. Liability It the MONEY ACCESS CARD is issued for a joint account, you agree to be joinilly and severalty liable under the terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks, drafts or other items) and we make funds available to you from such deposits prior to their, collection, you agree that we may deduct the amounts of such funds from your account(s) which are not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are riot collected. 7. Amendment of this Agreement You agree that from time to time we may amend or change bite terms of this agreement including amendments or changes to add further MONEY ACCESS CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the MONEY ACCESS CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. 8. Ownership You agree that the MONEY ACCESS CARD is our property and you will surrender it to us upon our request. You agree that the MONEY ACCESS CARD is non-transferrable. 9. Disclosures You hereby acknowledge receipt of the disclosure statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. REGULATION "E" DISCLOSURE 1. Summary of Consumer Liability MAC, ACH and SST - Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down-You could lose all the 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 We or theft, you can loss no more than $50 if someone used your card without your permission. If you do not tell us within two business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tall us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not yet back any money you lost after the 60 days If we can prove that we could have stopped someone from taking the money if you had told us in time. if a good reason such as a long trip or a hospital stay kept you from telling us, we will extend tfte time periods. 2- Telephone Number and Address to Notify of Unauthorized Transfers MAC - Contact PSECU at (800) 237-7328 or Money Access Service (MAC) at (800) 523-4175 during PSECU non-business hours, then follow up by contacting PSECU at (800) 237-7328 the next byslness day. • ACH and SST - Contact PSECU at (800) 237-7328 (nationwid@) or (717) 234-8484 (in Harrisburg). Or write to us at: Pennsylvania State Employees Credit Union P.O. Box 67013 Harrisburg, PA 171D6-7013 PSECU Business Hours 7:00 a.m. - 5:00 p.m. M - F 8:00 a.m. - Noon Saturday TDD (800) 472-1967 Nationwide (717) 777-2100 in Harrisburg 3. Financial institution's Business Days • MAC, ACH and SST - PSECU's Business Days are Monday through Friday, Holidays not included. 4. Types of Electronic Transfers a Consumer May Make • MAC - Balance Inquiries on checking, savings and PSL; withdrawals from checking/savings: cash advance from PSL; deposits to checkingssavmgs: purchase goods and services at any accepting retail establishment. • ACH - Preauthorized debits and credits to checking and savings. • SST - Balance inquiries and transaction histories on all share, certificate and loan accounts; transfers from any share to another share or loan account from your PSL to any share or loan account; withdrawals from any share except IRA shares or certificates. 5. Any Charges for Electronic Funds Transfers or for the Right to Make Transfers MAC - Fifty cents for eacr, disbursement (-ash advance c; with&aval) less than 320; fifty cents for each transactior over 15 per month, and a 25 cent charge on each balance inquiry. ACH - S20 service charge for insufficient 'ands for each electronic transfer. " SST-none 6. Summary of Consumer's Right to Receive Documentation of EFT's • MAC - You are entitled to receive a printed receipt at the time of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST - You will receive a monthly statement shmving the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you can call us at (800) 237- 7328 to find out whether or not the deposit has been made. 7. Stop Payment Rights - Pre-authorized transfers • MAC and SST - Not applicable. • ACH - Right to Stop Payment and Procedures for doing so. It 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) 234-6484 (Harrisburg) or write us at: Pennsylvania State Employees Credit Union, P.O. Box 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. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. • Notice of VaryingAmouMa. If these regular payments may very In amount, the person you are going to pay will tell you, 10 days before each payment, when il will be made and how much it will be. You may choose Instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. • Liability for Failure to Stop Poyrnent of Preauthorizad Transfers. It you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, unless we request and do not receive written c onfirmabon of an oral stop payment within 14 days and the transfer takes place after 14 days, or you fail to give us proper instructions that would enable us to place the stop on the transfer. 8. Summary of the Financial Institution's Failure to Make or Stop Certain Transfers MAC- if PSECU fails to complete a transaction on time or In the correct amount, when properly instructed by you, PSECU will be liable for damages caused by our failure unless: (1) there are insufficient funds in your account to complete the transfer, (2) the funds in your account are uncollected; (3) the funds are subject to legal process; (4) the transaction you request would exceed the funds in your account plus any available overdraft protection; (5) the Money Access Center, PLUS system or HONOR ATM has insufficient cash to complete the transaction; (6) your card has been reported lost or stolen and you are using the reported card; (7) PSECU has reason to believe that the transaction requested is unauthorized; (8) the failure Is due to an equipment breakdown that you know about when you started the transaction at the Money Access Center, PLUS System or HONOR ATM; (9) the failure was caused by an act of God, fire, or other catastrophe, or by any other cause beyond control; (10) if you attempt to complete a transaction that, at a Money Access Center, PLUS System or HONOR ATM, or merchant terminal that is not a permissible transaction listed above; or, (11) the transaction would exceed the security limitations on the use of your Money Access Card. ACH and SST- If PSECU 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 credit; (5) PSECU has reason to believe that the transaction requested is unauthorized; (6) the failure was caused by an act of God, fire, or other catastrophe, or by another cause beyond control In any case, PSECU shall be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. 9. Disclosure to Third Parties MAC, ACH and SST - PSECU will disclose information about your account to third parties: (1) when it is necessary to complete transactions; (2) to verify the existence and standing of your account with PSECU upon request of third party. such as a credit bureau; (3) to comply with government agency or court orders; (4) in accordance with your written permission; (5) to comply with government or administrative agency summonses, subpoenas, or court orders; (6) on receipt of certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; and (7) when it is necessary to take legal action to recover shares. Elpgtro?tL? Transfer. f4fAC Agreement egua?ion Disclosure (continued) 10. MONEY ACCESS CENTER Services MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at MONEY ACCESS CENTERS located in Delaware, Maryland, New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some MONEY ACCESS CENTERs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all MONEY ACCESS CENTERs may accept deposits. There may also be limits on the amount of funds which you may deposit in certain MONEY ACCESS CENTERS. 11. PLUS SYSTEM' Services ' MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rica, Canada, Great Britain and Japan to conduct any of the following transactions on the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs. These are the MONEY ACCESS CENTER services currently available through the PLUS SYSTEM network. Other services may be offered in the future. 12. HONOR' System Services ' MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at any HONOR automated tefier machine (HONOR ATM) located throughout Florida and other areas where there are HONOR ATMs. The following transactions may be done on the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw dash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through HONOR SYSTEM ATMs. These are the MONEY ACCESS CENTER services currently available through the HONOR SYSTEM network. Other services may be offered in the future. 13. Other ATM Network Access MAC Only -From time to time. PSECU may make arrangements with other ATM networks to grant access to MONEY ACCESS CARDS. PSECU shall Inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described, 14. Purchase Transactions MAC Only - You may use the MONEY ACCESS CARD to purchase goods and services ('Purchase") at any retail establishment ('Merchant) where MONEY ACCESS CAROB are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking. When you make a Purchase using the MONEY ACCESS CARD, you will be requesting PSECU to withdraw funds from your Checking in the amount of the Purchase and directing PSECU to pay these funds to such Merchant. 15. Limitations on the Use of your MONEY ACCESS CARD MAC Only - You may withdraw up to $500 per day from one or a combination of your accounts by using a MONEY ACCESS CARD provided the funds are available at a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System ATM. In addition, you may withdraw/purchase up to $500 at point of sale locations. PSECU reserves the right to reduce this daily limit at any time. In the event that your daily limit Is tens than $500, PSECU will advise you of the new limitation. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the MONEY ACCESS CARD. However, these limitations are not revealed for security reasons. The Pennsylvania State Employees Credit Union is not obliged to maintain such limitations. You will be denied use of your MONEY ACCESS CARD 0 you exceed the daily withdrawaLipurchase limit, if you do not have adequate funds available in your account, do not enter the correct Personal Identification Number (PIN), or exceed the frequency of usage limitation. The receipt provided by the MONEY ACCESS CENTER. PLUS SYSTEM, or HONOR System ATM, or Merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit will result in machine retention of our MONEY ACCESS CARD. The number of attempts that resu't in machine retention is not revealed for security purposes. 16. Error Resolution Procedures MAC, ACH and SST - In case of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237-7323 Nationwide, TDD (800) 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 if you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no later than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and MONEY ACCESS CARD number (it a MAC transaction), or reference number (if Self-Service Telephone Transaction); (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need the information, and, (c) The dollar amount of the suspected error. If you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will tell • ou the results of the investigation within 10 business days for MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM. SELF-SERVICE TELEPHONE, or DIRECT DEBITICREDIT TRANSACTIONS, or 20 days for MONEY ACCESS CENTER purchase transactions. If we need more time, however, we may take up to 45 days for MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF- SERVICE TELEPHONE, or DIRECT DESIT./CREDIT TRANSACTIONS or 90 days for MONEY ACCESS CENTER purchase transactions. If PSECU decides to do this, it will recredit your account within 10 business days for the amount you think Is In error it it is a MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days 0 it I$ a MONEY ACCESS CENTER purchase transaction. You will 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 writing within 10 business days, PSECU may not recredit your account. 0 PSECU decides there is no error, you MR be advised within three business days after the Investigation is completed. You may ask for copies of the documents PS£CU used in the investigation. If PSECU credits your account while investigating, you must repay those funds if PSECU concludes no error has occurred. Notice To Consumers Using ATM's " Be alert to your surroundings. It 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 (609) 292-7272. For those members who purchase a vehicle under the DRIV Program, please review the following FTC Notice: NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. U T . __ _ ? G C OC j `'Z U A °? ? > LLCC ?° 16 d a Q r, C14 5 !u 2 u Q C 3 Z7 m L.. l? x G 97 TJ H a. Q C G m m t6 N ?/?` w Boa c a m # c .0 ' 0) c? D 0 co Q) m a N U a -3: o T N Q° $ ¢? w o 0 0 o v o a o a n o a o o a o 0 0 o v u W 1 U GJ O C p C7 E a (h m h- 'D N Y ?"? N O Q+ m I? c0 v ch N O w O O a E 9C5 .t m N O O r J cy 0. y L, o a ^) n w ;,, u v O n? J m m~t° V m a Q , c c r? x 3 o n o n o E y 4 d U o 0 ¢ ~a? v t va n20 o E ?'o E U ro ??? ¢ c °? m Q ?? ?i.r r-• C N 0 V U w a U .,,,, L f0 r t a W U -, U) Z3 4 ?y a O a V - ro v n w v' i c v ci o m il c cci ' 0= d a ,? o m c Ua? 3C CL S E o //{ -? v a « o to c C ooooogor?opoooo aon00 0 ; a c m ?! L• C tis ws O . L. a N m o W rfDp v N m m V N o m m a e4 a O UJ 'n ? ? :` ? {?} ? N N ? ? OtIM?e+1 P7NNNN N r r r r ? m ?° Qf +tJ i n. m o E c O n m m Q° a E o n m >.pr. m - a °' 0_2 v 9 E o y m woo do c as `0 QLl air c i`e m t m? c v Bch ` g C G CA. M OL- r_ ° ca o in m z U at . ' E c ?" a '?! yr m R a co t c_mm ny ZF=ti «?' n w R o ? - v E v r c U) Q D LA 'C N G }r ppppp p gyp p pp p p p p ?y t CL Q ?' V t N f!3 V G R bO5II?5t?lOaSSO?Ay7 c?0005S?S0Q005?}? a v L to z •?+ O a ae i E to °c° q ,o Q E c n o2SZ5?'ogoES7525S?o2Si?25°- o'w rOp Omf M i a? 0 ? >' y Z' UP b Name.: ao'uiv??r?a,mr.ro+n.iri?i'' > C ,a C C '•.r c a OrD Q F? CI Z G ur ? F `CT f- ' SS88S$838$$8gSS383? p 16 T?T U C O +A 4 X00-' 0 z'oiI`j oaooooooooaooooo000a' .? C a y a 3 aU9a ° U a zcspr° tl1 gug°s_?$aa a' GN p u E ?0 E wo[i1.rorYi?rieiraaml??DY1el'1Nr J p > ca CL 'Mo > e? 3» g 8 v o res n v v Q. I cr an - '"o m+ n o vnm ?p'. o g 9g d m ° E_ E ?S•4 ? •o.•-?c?i.= om"c?v_ v, .-cfiN s eF,o g ? b g„ U ?•• s 0. - --cvnv c» ?N ?i? v rev ctiM m acv- S $ ?CCq Ey a U a uJeco0w uC§ $°10 E 2 `o m a y _ 8 a ifs 0 -J 4) 'a n Jw?- E E :S a ? L, ? ? ? g Idvi adCd5 f<? $ 0000 W) ^Ln^ N N ?" g O E O ? 'S 9 1 (J fl. h `° 'O Id vi a0 4d h f< h C ? K7 u7 ct1 In •- •- (j " '33ii e'er a L L_ ?y?•$ $ N W {? '- O C{ t7 P3 c'7 q N N t - py pppo c O'ST q ci c2 A L p ?Oc S! ? N ? h h enh "3. - D O? ^ c 4 m ? a.o? °Dg"a_o.a_? ggr`?mmio o• 0? yy? ?£ EE -5 x £ n ro V O G g °' `# ¦? ?m mro c < o 000 }¦?3 V 'O O p i11 Q c '.". N N N N G D'S` S ?r S E? S50 0 'BSA H or- go o a 5 ?Li? # Esti arm Ey Q'.E ui c a m L arm s 7 3 f o¢ $d` $ S 4aaa ?????, o r sex ga c v J aY 7 Ca ?i- y> c`w mmmmai T wE , d$ ?S go m a O?ms?Q mom c a0a?c c o $¢"? kg c o'> w a` ° ° p ? 'S m $?? 7e ago c3 ~ v r m ?D n 0k`a0- 0°0`05 CL 0) O ; y C c ?0 roe ?c_Svai m marnMrn oo ? uw • ?. C _aa c '? y Ci p ??pp O w 3 O ?j Os Os p g+ 1 C 10 N O J C ' i ? ?}ay jr dM r+ O qC d . p y ar -? 7 2S ? A i ;! ? O a c T O C C O v •- 0' = a > i i> i4 o H y ?m ?i' © r3 ?a o o ay Sgooo c GwwO vEyv=oE .z n o gQ jo S u? oppp w o e w °a v$302, E $E ` 61 = Q _ ?• U Rt U Q > O N ONOO O ?;j 'J 00 O .? w c :et W4 m _° a cp i a? `u Q 3 •3 y 3 3 ve in w> F-- in n w> t3 h w i9 a Q m a °o. u L L° a ^? ''> a Z.2 - cc a .- - ? S u m 0 z tL w0 a W. :- U) = v. c o ? O >. a lU tU O N O m n.w c w 3 3 D O O m m oam?°3 •(p N L_ m N E x.. 3. y a) N O m L O m C U tLL C omz Nmf?0.0 O N N U y 8 - O tU 3 `O m t CO) (D C4 In C. O O C e- ` .: G' O w, ° Q E 0 . 5. O o ? ac ? aco° C: 06 064mw mo O O.N XSN O „='y N U N x E C O `y O O N t.: m O.? a+ a Z, W V- .2 - H .. ° - 6F. V U-00 a- c: w O pf M© O C n% 0 L CO cn 0 o .n. o °" a d? ? ?` m > > 3 E :3 a c w d.> 0v o 0 y_?G m?ymEm _c 1!m o cn m cc E-o ma E>om Qc V a? o c m.2- ° to :3 r- N c°>"c> Q? cc ? 'c Zusm 3 m>+m...??r E o ° 3 V Ev C: CD ? 3 4 U N d' c m m"OCD co E v?m c m`?•cy O m D O O ?- U _0 ° C 'O C 00 ` fU m2.8gx°CL Gl m r. 3 ` 0 =3 :6 m co >1 0 O >+ C N O C OL m y x w c m c - O` v t ° G co U L 0 0,0 a) d E « O 03 m N v .0 C4 10 C N j m O N c?? O? O N 3 0 Z E 1 c "' o _ mw >,(p 0- 0 o.°o a w o- C o on 3 T3~ 0°.N0 O C T? w. tf? C m cW"u U O 0-2 = O U a 0 N N 3 0 C O IL-° N m >,CL o.EC E 0 0 c m Q1 O U w O O O 0 76 .a ox a >. c O N r- >" a O) N 7 O Q. (D 0. N-0"'O 0 o ? o O .?N O 0) CD ati 'C7 N C_ a ? O V O O q m C ? G•ta? N E a?Ew4 ° O C O' C N ^ f.- CO MMNNN? 000 ONCpO00 NtoMtQOaOyOtOt`'?OfMO 3; m pp??c?fim nn??ooGO??vuao0?? ti C C 4,) .'C,, ? r r rrrr rrr000000 o o Eo rc E N2?E C C •` N t; N M 4 tf cO n aO O? $ 0 0 0 0 0 0 0 0 0 N .M- 7 N m n OD 0? ,0 O O O O O r Q1 Of to 01 00f Qtrrrrr rrr.-rr??r?.r•rrrrr CA. > C O L Y O O ?. O U pp ?y p 0 z E .? oDM 0 ?t1'1 M V N u?tQrna?tnnQ?M $ tU Cl) to r,Y rn ?tpp aa?? '++ t"f?+ S?yyr.-vQ?m n nm o MMMMC')t'fMM0 Mt M aN tb NNNNNNNNNNN?-r M rrrr?-?-• C M C A r rr rrrr rrrr rrrrrrr ?-r rrrrrrrr Q ` 0 0 n _a to = .? u'lmntAOlO 'a E CD N 0 '? O rNM +C)mnCO rnOrcm M V uYmnmOf Orcm CO c x E -- V acn<v ivmmmmnnnnnnnnnna?aoooco?wwwoaom m m:-•r..z c E L c d'' co O (D C5 O s+ t? c E EA 30 my m°o N ? Q. t' O Q'r p 0)OQI QIr?tf'! NCO {?.{? m Y?MN ??npp ib pppMNN W Qo?tpgp nan?pp Qa? 1 0 0 K o MCI ?1' 41 " O -0 ?` ? 00'iW QNi C?p CO OMD CO? AIM?•On tO tO tO fND f04'1 1b Nl Yi ?t It Y IT ?+ iC .C ? r r r r r- r r r r r r r r r r r- r +- r r r ? r r r r r r r r m a) c a • o, Im E o v_,EE'o° tot m a C •- CD C ? r NMxtbmn **Ma- Ne. Q o op.. O MOrNM soot- ms o o C 10 j E r mm" Mt?1M C7 M? ? Y< V< V V Q V N?(f WO000? 0m E X E o a'io O m m N c C u Q. + 0 C N M I.- C U O Q fA NNMMO V m0N V NN V OMVtM co 0tbn V mmow Q N OIm mCm Ln )tb MNtb nQ)rNlAt?m 00r, m E a C'larrn n aV Nrc OaDn ma -, VM NNrrr0 0 O in ?? O V V V M M Mfri MMMNNNNNNNN N N N N N N NN m N C O C O r NNNNNNNNNNM O>% O E O r N M V btD n ao NO r NM o m m c m C m CL 3 O 3 a N >, O N O C tU m 3 .0 An N m T O w C « O 'c O to »? m?•.N " m a (D c m o o a O OZ >, o N`- a m 3 W a? ° O tll D U E G C ton y m w O N 41 tn `' a 3 O a E 4. T P+J C- o 0,0 . PJ C? .sue _' :2C Ct ? - -G SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05995 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS SWETT BRIAN J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SWETT BRIAN J but was unable to locate Him in his bailiwick. He therefore returns the -R- T TTTT r TT/1T T rNV the within named DEFENDANT 347 WALTON STREET CL,TP..TT RR T AN J NOT FOUND , as to LEMOYNE, PA 17043-2027 PF.R POST OFFICE. DEFENDANT LIVES IN YORK COUNTY. Sheriff's Costs: So ans Docketing 18.00 Service 14.40 Not Found 5.00 R. T omas Kline Surcharge 10.00 Sheriff of Cumberland County .00 111t,110 '? 7" ' 4 7 .4 0 VAN ECK & VAN ECK 10/23/2007 Sworn and Subscribed to before me this day of A. D. 6P MAS KONE 8heAN ED k140 LAWORM ?0?d1Ot OFFICE OF THE SHERIFF One Courthouse Square C&tiisle, Pennsylvania 17013 Pte- d k'', a. 7;5(i P. , RCNNY R. ANDERSON Chief Deputy j0DY & OWN heel Estate DePW `1'o: P tmsmr Agcy wol??]l0. Date, ,...._ Address Information Regmaat Please furnish this agency with the new address, if en^ailabia, for the following lttdividual or YU* wbother the address given bolow is me ar whiahmal for this indiA& l is curreetly being de&emd. If the ;Following aftm is a post office boL please turn+A tho stroet addms.+ ee recorded ea rite box holder's apDliestion rnrm. N.mr: _ _ •?? J G ?- L? ? ? f l?vim Lut Kwvn Address: 7 4?&6k I certify tho address infbmtiou for this indivldtW !e regmd for the perfom== of this agency's ofcial duties. -?c!7+?Ct1?NC•? S Y Agacy Oflacw (Title) For Post Office Use Only () lvlsW is delivered to address given. New Address () Not Koowu at Addttw (aivem a5?- Address () Moved, Left No 1For%w-d1, 9 () No Such Address () tamer ?4tci .v) Boxb0desa' Street Addreae Agancy Return P_ddr = r Fostt rk?Date Stamp Please, fax results to the Cumberland County Sheriffs Office. Number M1) 2404397 Address Lnformatiou Request GktWimd fanner) E%babit 352.44b n004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant NO. 07-5995-Civil Term CIVIL ACTION -LAW PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint with regard to the above defendant in the above captioned matter. Respectfully submitted, VAN ECK & VAN ECK, P.C. f Date: ? 39/0? 40 A aelissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 i OD `"i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. 07-5995 CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant : CIVIL ACTION -LAW MOTION FOR SPECIAL ORDER DIRECTING ALTERNATIVE SERVICE BY POSTING AND CERTIFIED MAIL PURSUANT TO PA.R.C.P 430(a) TO DEFENDANT BRIAN J. SWETT AND NOW, comes the Plaintiff, Pennsylvania State Employees Credit Union, through its counsel, Van Eck & Van Eck, P.C., and files the within Motion for Special Order Directing Alternative Service by Posting and Certified Mail Pursuant to Pa.R.C.P. 430(a) as follows: 1. On or about October 11, 2007, Plaintiff filed a Civil Complaint against the above Defendant for monies owed on his visa loan. 2. At the time of the filing of the Complaint, Defendant's last known address was 347 Walton Street, Lemoyne, PA 17043-2027 3. On or about October 11, 2007, Plaintiff delivered to the Sheriff of Cumberland County a copy of the Civil Complaint filed by Plaintiff at the above captioned number and term along with a direction sheet requesting that the Defendant be served a copy of the Complaint at his last known address being 347 Walton Street, Lemoyne, PA 17043-2027. 4. On or about October 18, 2007 the Cumberland County Sheriff's Office requested address information from the Lemoyne Postmaster. 5. The Cumberland County Sheriff's Office was not able to serve the Defendant because the Defendant had moved to 28 Ross Avenue, New Cumberland, PA 17070, York County, Pennsylvania. A true and correct copy of the Sheriff's Return of Service is attached hereto, incorporated herein and marked as Exhibit "A". 6. On or about January 28, 2008, Plaintiff filed Praecipe to Reinstate the Complaint. 7. At the time the Complaint was reinstated, Defendant's last known address was 28 Ross Avenue, New Cumberland, PA 17070. 8. On or about January 28, 2008, instructions were sent to the Cumberland County Sheriff to deputize York County Sheriff to attempt service at 28 Ross Avenue, New Cumberland, PA 17070. 9. York County Sheriff's Office attempted to serve Defendant at his last known address on the following dates: January 25, 2008, February 6, 2008, February 8, 2008, February 14, 2008, February 15, 2008 and February 25, 2008. 10. The York County Sheriff's Office was not able to serve the Defendant because the Defendant did not answer the door at any of the times set forth in Paragraph 9 hereinabove. During a service attempt, the Deputy was able to talk to the Landlord, who stated the "Defendant is not around all that much. Defendant is a handyman". A true and correct copy of the Sheriff's Return of Service is attached hereto, incorporated herein and marked as Exhibit B". 11. On or about April 7, 2008 Plaintiff mailed a request to the United States Postmaster of New Cumberland, PA 17070 requesting the current address for the Defendant. The returned request stated that there is no change of address order on file. A true and correct copy of the request is attached hereto, incorporated herein and marked as Exhibit "C". 12. Plaintiff was able to verify that this is the current residence of the Defendant. An Affidavit of the Plaintiff stating the nature and extent of the investigation to determine the whereabouts of Defendant and the reasons why service of the Complaint cannot be made is marked as Exhibit "D", attached hereto and made a part hereof. WHEREFORE, Plaintiff requests that this Honorable Court direct the Sheriff of Chester County to serve Defendant, Brian J. Swett, with a copy of the Civil Action Complaint by posting a copy of the Complaint on the property at 28 Ross Avenue, New Cumberland, PA 17070 and permit the Plaintiff to serve the Defendant, Brian J. Swett, by mailing a true and correct copy of the Complaint by certified mail, return receipt requested and by First Class U.S. Mail, postage pre-paid to 28 Ross Avenue, New Cumberland, PA 17070 whereby service of the Complaint shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. Respectfully Submitted, Dated: Wia an Eck, squire Van Eck & Van Eck Attorney Y.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 Exm SHERIFF'S RETURN - NOT FOUND • CASE NO: 2007-05995 COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS SWETT BRIAN J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SWETT BRIAN J but was unable to locate Him in his bailiwick. He therefore returns the /Y/1LlTT T T7ATT r wTl1T-r f ?'M the within named DEFENDANT 347 WALTON STREET SWETT BRIAN J NOT FOUND , as to LEMOYNE, PA 17043-2027 PER POST OFFICE, DEFENDANT LIVES IN YORK COUNTY. Sheriff's Costs: Docketing Service Surcharge S:o_ans Not Found 18.00 14.40 5.00 R. T omas Kline 10.00 Sheriff of Cumberland County .00 47.40 VAN ECK & VAN ECK 10/23/2007 Sworn and Subscribed to before me this day of A. D. l? 9 1 i Pte- • a bPt- 10MAAS rLINE SW ID L.SWOW sogdor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 N, :, ?,SG F. l RONNY R. ANDERSON Ohio( Ds" .+ODY S. SMrt1d Real l mde DOPW To: P tmuter Ag=cy 11 0. V f 1c e4LIO _ bate: JA 11, `dz - address Information Req gust Please fmmish tbie agency with tbe. new eddrem, if available, for the Wowing ladlvidud or vetify wbe&er the addrm 1 Ivan below is one ar which total fn &U iadividwrl is carrewly being deUvered. If she following addtesc is a lost office box. please tyii s the strict ?dd=m ee reoorded en dha box holder's application sa'tsn. ' f ? c . lAn Known Address,: _, , ?OZ r SST (?PJl?d I i ?7C) I car'tify the address kdormtion for this indlvituxl is mqubd for the parfosn aare of tbic agency's steal antics. A?/Mll of Agncy Ofacki) A-lor•i L7 te (Title) For Post Office Use Only () MW is delivered to address gives. New?A.ddrosa () Not XWWD at A.d&M Given s Z? () MoY4 Left No FommtUg Addrese } v 1(?1l?sc? ?r l '? 1V () No Such Address () Other ;Spmi°) Boxhclde:s' Street Address Agency Return P.d h= Poaun:.r>vVAte Stamp Please far results to the Cumberland County Sher[fl:'s Offlm Number (717) M-6397 Address Information Request (R: quind fam l) Rylubit 352A4b w Z ??$IT iB» 4 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05995> P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS SWETT BRIAN J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SWETT BRIAN J but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 31st , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Postage 2.57 .00 39.57 03/31/2008 VAN ECK & VAN ECK Sworn and subscribe to before me this day of in his bailiwick. He therefore So answe ? 1 R. Thomas Kline Sheriff of Cumberland County A.D Y SERVICE CALL (717) 771-9601 SHERIFF SERVICE WISTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12 DO NOT DETACH ANY COPIES I . PLAINTIFF/S/ 2 CC)URZ ltlIMBER Pennsylvania State Employees Credit Union till// 77 W 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAIN O T I C E , C I C A Brian J. Swett Reinstated Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Brian J. Swett 6. ADDRESS (STREET OR RFO WITH BOX UMB R, APT NO., CITY RO. TaTE AND ZIP CODE) AT 28 Ross Avenue, New l?um erland, I?? 1 0 1. INDICATE SERVICE: %PERSONAL U PERSON IN CHARGE DEPUTIZE - CERT. MAIL U 1ST CLASS MAIL U POSTED '-1 OTHER NOW January 28 22008 I, SHERIFF OF R NTY, PA, do.,hereby dep a sheriff of York COUNTY to execute this fat anda rh tt?t3r _ rding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING Sfi4YVE.() F r n ll N T Y r Please mail return of service to CLlnberland County Sheriff. Thank you. ADV FEE P NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIG TU??iiE ljht?kt 10. TELEPHONE NUMBER 11. DATE FILED Melissa L. Van Eck C&?Zw 11, (717)540-54061-28-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area musTbe completed 0 notice is to be mailed). P.O. Box 6662, Harrisburg, PA 17112 CUMBERLAND CO SHERIFF SPACE BELOW; FOR USE OF THE SI !Ej*T : OO NOT, WRRE. BELOW 'Im, LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or compliant as indicated above. M J M C G I L L Y C S O 11-30-2008 2-27-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 t hereby ow iy and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1 19. Date of Service 1 20 Time of Service 21. ATTEMPTS Da T Miles Int. D le Ti Mlles `J Int. Date Time Miles Int. Date Time Miles Int. b T !% Date Time Miles ' Int. e 22. REMARKS 5 . 16 ''l? MADE 7 ATTEMPTS, NOTES LEFT, THEY MERE 0'dE FROM DOOR, DEPUT TALKED TO LANLORD WHO STATED THE DEF IS NOT AROUND ALL THAT MUCH, DEF. IS A HANDYMAN- -DE PUTY LEFT MSG . PHONE NBR IS 717-695-4304 23. Advance Costs 24. Service Costs 25. Nlf 26. Mileage 27, Postage 28. Sub Total 29. Pound 30 Notary 31. Surcllg. 32. Tat. Costs 3 Costs Due Retund Check No 150.00 .00 6-0G l?il?ry- /(00,q,6 I-%-^ cj . ? 1 ) (6-1 _T 7Z?l 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 36. Mdeage/PostagWW FF o und 39. Total Costs 40 Costs Due or Refund t h FFI 2 & i SO ANSWERS - 41. A RMED and subscr bed to bet a me thi - 44. Signature of 45. DATE 42. day of .H 20 12.8(3. Dep. Sheriff C 0 M M 1V1 ALTS, 0 P"1101"yBoom 46. Signature of York 47 DATE RIOT SEAL SEAL _ ; ICn ? 1P. KEU ER P, SH :., F _ 3-2 -2008 LISA L D_Nv-. ^! N.,DTARY PUBLIC . , CITY Cc C,7 1' COUNTY 48. Signature of Foreign 49 DATE anas?..,., County Sheriff - S0. 1 ACKN WLEDGE RECEIPT OF THE SHERIFF'S RE URN SI G NATURE 51 nATF RFCF IVFD COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 OF AUTHORIZED ISSUIff A'UTH"ORITY AND TITLE 1. WHITE'- Issuing Authority 2. PINK - Attorney 3- CANARY - Sheriffs Office 4. BLUE - Sherdrs Office E..,03IT 46C11 HENRY W. VAN ECK hwv@vanecklaw.net MELISSA L. VAN ECK mlv@vanecklaw.net April 7, 2008 POSTMASTER New Cumberland Branch New Cumberland, PA 17070 VAN ECK & VAN ECK, P.C. ATTORNEYS AT LAW P.O. BOX 6662 7810 ALLENTOWN BLVD., SUITE B HARRISBURG, PA 17112 TELEPHONE: (717) 540-5406 FAx: (717) 540-5407 REQUEST FOR INFORMATION IS NEEDED FOR PHYSICAL ADDRESS OF BOX14OLDER FOR SERVICE OF LEGAL PROCESS Please furnish the physical street or new address (if a boxholder) for the following: (All former addresses are given). Brian J. Swett 28 Ross Avenue New Cumberland, PA 17070 Note: The name and address are required for service of legal process. The name, if known, and post office box addresses are required for boxholder information. The following information is provided in accordance with 39CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6 (d)(1) and (2) and corresponding Administrative Support Manual 253.44 a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empower me to serve process (not required when requester is an attorney for a party acting -pro-se - except a corporation action pro se must cite statute: 65 P.S. 66.1 et seq, Freedom of Information Act 3. The names of all known parties to the litigation: Pennsylvania State Employees Credit Union v. Brian J. Swett 4. The Court in which the case has been or will be heard: Court of Common Pleas for Dauphin County 5. The docket or other identifying number, if one has been issued: 07-5995 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant VAN ECK & VAN ECK, P.C. ATTORNEYS AT LAW WARNING The submission of false information to obtain and use change of address information or boxholder information for any purpose other than the service of legal process in connection with actual or prospective litigation could result in criminal penalties including a fine of us to $10,000 or imprisonment or (2) to avoid payment of the fee for change of address information of not more than 5 (five) years, or both (TITLE 19 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with the actual or prospective litigation. e --- 16 Idid 1, 1 4 Meliss . Van ck, Esquire P.O. Box 6662 Harrisburg, PA 17112 FOR POST OFFICE USE ONLY STREET ADDRESS OF BOXHOLDER NAME: Brian J. Swett STREET ADDRESS: No Street address available Y No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. MLV/mrh ,,.,Irl f.4Dv) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. 07-5995 CREDIT UNION, Plaintiff . VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Melissa L. Van Eck, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff in the above action, that she has personal knowledge concerning the facts set forth in the attached Motion for Special Order Directing Alternate Service by Posting and Certified Mail Pursuant to PA.R.C.P 430(a) to Defendant Brian J. Swett, that she has authority from the Plaintiff to make this Affidavit, and that the facts set froth in the Affidavit are true and correct to the best of her knowledge, information and belief, to wit: That she has attempted to confirm the whereabouts of the Defendant, Brian J. Swett, by the following means and has learned the following: a. On or about Mach 24, 2008, the Sheriff of York County stated in the return of service that the Deputy spoke to the Landlord. The Landlord stated "Defendant is not around all that much. Defendant is a handyman." b. On or about October 18, 2007 Sheriff mailed request to the United States Postmaster of Lemoyne, PA, 17043 requesting the current address for the Defendant. The returned request stated the address for Brian J. Swett is 28 Ross Avenue, New Cumberland, PA 17070. C. On or about April 7, 2008 Plaintiff mailed a request to the United States Postmaster of New Cumberland, PA 17070 requesting the current address for the Defendant. The returned request stated that there is no change of address order on file. Respectfully Submitted, Dated: 441-N G I WAIM9 III Melissa L. Van Eck, squire Van Eck & Van Eck Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Motion upon the following individual by first-class mail, postage prepaid, deposited at Harrisburg, Pennsylvania, as follows: Brian J. Swett 28 Ross Avenue New Cumberland, PA 17070 Melissa . V Eck Date: 4,1j,U ?_ ? ? --?, ?, t: rti?_ .. ? ("?. r.- ? ? ?7 ? ??; _ I ? ???? ? .. K--<..; yr c,?-" N :.- .7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS SWETT BRIAN J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 31st , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe _ Docketing 18.00 > Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage 2.57 Sheriff of Cumberland County .00 39.57 ? ?J?b3?bg 03/31/2008 VAN ECK & VAN ECK Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. COUNTY i, YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN r) `7 SERVICE. CALL (717)771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES I PLAINTIFF/S/ Pennsylvania State Employees Credit Union 3. DEFENDANT/S/ Brian J. Swett 2 6? R? p 1,irER 4 1111TY//PE OF WRIT OR COMPLAIN 0 T I C E , C I C A Reinstated Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. AI IAl.ntu, vR Jvlu Brian J. Swett 6 ADDRESS (STREET OR RFO WITH BOX N?IUMB R, APT NO, CITY B RO, TATE AND ZIP CODE) AT 28 Ross Avenue, New erlan, P? T1?705 7 INDICATE SERVICE (X PERSONAL U PERSON IN CHARGE DEPUTIZE -1 CERT MAIL U 1 ST CLASS MAIL U POSTED '-I U I HER NOW January 28 - .20 08 _ I, SHERIFF OF YORK C LINTY, PA, do hereby dept a sheriff of York _ COUNTY to execute this Writ-af r ctial?e e th ti r?ol 6d ding to law. This deputization being made at the request and risk of the plaintiff. - SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING S®qME O F C 0 U N T Y "r all Please mail return of service to Cumberland County Sheriff. Thank you. A-DV FEE PAID BY ATTY - NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIG ATU E 10. TELEPHONE NUMBER 11 DATE FILED Lff, / A/ / / iAld J?f (717)540-54061-28-2008 Melissa L. Van Eck 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area musTbe completed if notice is to be mailed) P.O. Box 6662, Harrisburg, PA 17112 CUMBERLAND CO SHERIFF aate.e.r err. a, rein ..CC ^V nm curowc - M NnT WWW MR nW TICS LME 11 I acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 11-30-2008 2-27-2008 16 HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTS Da Ti Miles Int. D to vr?3 Int Date Tme Miles Int Date Time Miles Int I Date Time Miles Int iPlft >3m C 1' `'L`t U C 22. REMARKS ( 2 5 z/ `?° '"? MADE 7 ATTEMPTS, NOTES LEFT", THEY WERE O` E FROM DOOR., DEPUT TALKED TO LANLORD WHO STATED THE DEF IS NOT AROUND ALL THAT MUCH, DEF. IS A HANDYMA:'?--DEPUTY LEFT MSG . PHONE: NBR IS 717-695-4304 !J L-, 23. Advance Costs 24 Service Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31 Surchg 32 Tot. Costs 3 Costs Due Refund' Check No $150.00 V ^ CSC l?lf?rN l?cC)`N6 "-cam J166 6-1 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to bet e?me I 1 r t 44. Signature of 45 DATE 42 day of { 20 813 AAX Dep. Sheriff ;Y?ILY 46. Signature of York 3 DATE ?008 Coun Sheriff 4 r•,L ICH??D P. KEUER R, SH F R% ' 'PUBLIC - ---- - (B 48 Signature of Foreign 49 DATE County Sheriff 50 1 ACKN WLEDGE RECEIPT OF THE SHERIFF'S RE URN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED tSSU-iN-( AUTHORITY AND Il TL - 1. WHITE - Issuing Authority 2. PINK - Attorney 3 CANARY - Sheriffs Office 4 BLUE - Sheriffs Office IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant NO. 07-5995 : CIVIL ACTION -LAW APR 152008M? ORDER OF COURT AND NOW, to-wit this--&- day of , 2008, upon consideration of the Plaintiff's Motion for Service of Complaint Pursuant to Special Order of Court, it is hereby ORDERED that the Motion is granted; and, it is further ORDERED that the Sheriff of is hereby directed to serve Defendant, Brian J. Swett, with a true and correct copy of Plaintiff's Complaint by posting the property at 28 Ross Avenue, New Cumberland, PA 19L4 VXJVke,, VV&Ctii1 pop_ 17070 and the Plaintiff is permitted to serve Defendant, Brian J. Swett , by certified mail, return receipt requested and First Class U.S. Mail, postage pre-paid at 28 Ross Avenue, New umberland, PA 17070. Service on Defendant shall be deemed complete and valid upon posting by the Sheriff and mailin by the Plaintiff. e Q? N ?y G.- G = _ii 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. 07-5995 CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint with regard to the above defendant in the above captioned matter. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: Metissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 0 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. 07-5995-Civil Term CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW C) PRAECIPE TO REINSTATE f T TO THE PROTHONOTARY: Please reinstate the Complaint with regard to the above defendantir?the above captioned matter. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: OL Melissa L. Van Eck, Esquire Attorney 1D No 8-5869 7810 Allentown Blvd., Suite B. P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. ff7- 5995 bvi ( IcrM VS. BRIAN J. SWETT Defendant 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 REIICED E QR NO FFF Cumberland County Bar Assocation 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800-990-9108 `, COPY FROM RECORD to Tn*= l whereof, i hie unto set my hang' ft NO of said Court at Calmat Pa. o2¢pZ. Document #: 180057.1 - I n,? COMPLA I r ARY N c C - ) C RA T 71 Fn to ? • N -C r r EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW AV I S 0 PARA DEFENDER Conforme a PA Nim. 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 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACI6N DE CbMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMAcft ACERCA AGENCIAS QUE PUEDAN OFRECER MFR VT('TnS T F('TAT A PFR cnN C FT TrJRT F e n T TAT unl.Tnu a DTn GRATIS. Cumberland County Bar Assocation 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800-990-9108 Document #: 180057.1 WE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. BRIAN J. SWETT Defendant NO. 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, Brian J. Swett, is an adult individual with a last known address of 347 Walton Street, Lemoyne, PA 17043-2027. 3. Defendant is, and at all relevant time material hereto has been, the primary loan applicant. 4. Defendant applied to Plaintiff for a Visa loan. A true and correct copy of said application is attached hereto, incorporated herein and marked as Exhibit "A". 5. The application submitted by Defendant was approved by Plaintiff. 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 Document #.• 180057.1 r- r- Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B" 7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 8. Various charges and payments were made by Defendant on the account. 9. Defendant has defaulted on the loan by failing to make timely and regular payments. 10. The last payment made by Defendant was on September 30, 2004. 11. Defendant is required under the contract to make regular and timely payments. 12. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 13. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 14. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failm refilged and (nntinl es to refilea to nay all Rume due and MiA rt D@fandaatla ]an= account balance, all to the damage of Plaintiff. 16. As of October 10, 2007, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Fifteen Thousand Two Hundred Ten Dollars and 43/100 ($15,210.43). Document #: 180057.1 r. 17. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 18. 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 Three Thousand Hundred Sixty-Seven Dollars and 08/100 ($3,067.08) have been added to the account. 19. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 20. 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, Brian J. Swett, in the amount of Eighteen Thousand Two Hundred Seventy-Five Dollars and 511100 ($18,277.51), 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, Esquire Attorney Y.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: C6164' .-s ryle'tz Date:_ b-7 Document #. 180057.1 EXHIBIT "A" VISA ACTIVATION NOTICE May 1, 2000 Loan Information: SS 181-50-5398 Applicant: BRIAN SWETT Ref 111860 598 Approval Amount: $15,000 Home Telephone #: 717 774-4369 Work Telephone #: 717 939-9551 Signature: I acknowledge receipt of the PSECU LOANLINER Disclosure and Credit Agreement and agree to bound by the terms set forth in said agreement. - T /1Y A Signature of BRIAN Data • I would like an immediate VISA advance of $ PURPOSE: Send a ? check, or deposit to my S4 (MoneyHandler/Checking Shares) . You may have one additional card Issued on your VISA account. Indicate your choice below: [J Please Issue an additional card In the name below. I authorize himlher to use it and I accept U responsibility for all charges and/or cash advances just as though I made them. Authorized card holders may not order replacement cards or obtain VISA account information (I.e. detailed transactions, balance information, payment actIft. BRIAN SWETT must sign below. Name otAutlwrfzed Cana Holder Signature of BRIAN SWETT Reference-Number 111860 Applicant-Consent AYES Teller-Number 31 Applicant Is I Application-Date 20000428 Loan-Request PSLV Type_of Loan VISA Source . XPHONE Amount Requested 15000 Primary-First _Name BRIAN Primary_Last Name SWETT Social_Security_Number 181505398 Birthdate 08/08/1956 Home-Area-Code 717 Home _Telephone Number 774-4369 Business Area Code _ 717 Business Telephone Number 939-9551 Present Address Line A 320 4TH ST Present Address_Line_B Present City NEW CUMBERLAND Present-State PA Present Zip_Code 17070 Present _Plus _4_Code 2119 Residential _Status H Time-at-Present-Address Previous_Address_Line_A Previous-City Previous-State Previous Zip_Code Previous _Plus_4_Code Time-at-Previous-Address Employer-Name PA TURNPIKE COMMISSION/ DIRECTOR Occupation OT Date Started_Pres Employ ' Date _Started _Prev_ Employ Ending_Dats Prev_Employ Calarv nariann no Salary_Pay_Basis A Other Income Other-Income-Pay-Basis Other-Income-Source Checking Account Ref Y Savings Account Ref Y Monthly_Housing_Payment 0010 Other Monthly_Payments Credit Type_1 Credit Monthly_Payment 1 Credit Type_2 Credit Monthly_Payment 2 Credit Type_3 Credit Monthly_Payment_3 Credit_Type_4 4V Credit Monthly_Payment 4 Credit Type_5 Credit_Monthly_Payment_5 Coapp_First Name Coapp_Last_Name Coapp_Social Coapp_Birthdate Coapp_Home Area_Code Coapp_Home_Telephone Coapp_Business Area_Code Coapp Business Telephone Coapp_Present Address A Coapp_Present Address_B Coapp Present City Coapp_Present State Coapp_Present Zip Code Coapp_Present Plus 4_Code Coapp_Residential_Status Coapp Time_at_Present Address Coapp Previous Address A Coapp_Previous_City Coapp_PreviousState Coapp_Previous _ZiCode Coapp_Previous_Plus 4_Code Coapp Time at Previous Addres Coapp_Employer Name Coapp_Occupation Coapp_Date_Started_Pres Coapp_Date Started_Prev Coapp_Salary Coapp_Salary_Pay_Basis Coapp_Other Income Coapp_Other Income_Basis Coapp_Other income - Source Coapp_Checking Account Ref Coapp_Savings Account Ref Coapp_Other Monthly_pays Coapp_Credit Type_1 Coapp_C redit_Monthly_Pay1 Coapp_Credit Type 2 Coapp_Credit Monthly_Pay2 Coapp_Credit Type 3 Coapp_Credit Monthly_Pay3 Coapp Credit Type_4 Coapp_Credit Monthly_Pay4 Coapp_Credit Type_5 Coapp_Credit Monthly_Pay5 Applicant - Financial-Questions NO Coapp_Financial_Questions Yes_1_to_Questions WORK PHONE EXT: 5370 Yes-2-to-Questions 4r7 0- Reference Number - 111860 Reference Name Reference - Phone-Number Reference-Address Reference City Reference State Reference Zip Code Insurance - Requested Purpose PERSONAL Assets Approving Loan_Officer 598 Loan-Slot 9 Approval Amount 15000 Advance Amount 000000.00 PSIL Coll Purpose-Codes VISA Coll _Purpose Codes Repayment Method_PSL Frequency_PSL Transfer Cycle_PSL Payment-Due-Date Alt-Payment-Amount Mail _FexEx_Pickup Date-and-Time Memo-1 DR ACCORDING TO APP CALCULATIONS W/NEW LOC = 24% Memo-2 Memo-3 Memo -4 Import-Reference-ID 310137304282000 Decision-Party A Account Number System-113 CRED Credit Limit 010000.00 App_Score 046 CB Score 0191 Total-Score 237 Coapp App Score S J _ DZ ee v Coapp_Tota!_Score Blank-Scored-Items, 00 Coapp_Blank Scored_Items Evaluation Cutoff 180 Scoring_System_Population Reason-for - Decline-1 Reason-for-Decline-2 Reason-for-Decline-3 Reason-for-Decline-4 Review-Indicator-1 Review-Indicator-2 Review_Indicator_3 Review_Indicator_4 Review Decision Status_Change_Code W7 EXHIBIT `B" W- is r PSE(O Penns,vivania State Employees Credit Union F'O. Box 67013 • Ham'sbwg, PA 17105-70'3 • (717) 234-8484 Harrisburg, (840) 237-73?8 Nat.orwida Loan Disclosures This LOANLINER• Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents Include this Agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the Credit Union transfers Its rights under the Plart. This is a mull-state document which may be used to lend to borrowers in all states. 1. HOW THIS PLAN WORKS - This Is an open-end, muttl-featured credit plan. We anticipate that, from time to time, you will borrow money (called 'advancer) 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 ere& (called 'subaccounts7 available under the Plan, the current Interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. it may also have other tome and a schedule br 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 establlshed credit BmIL N you exceed the credit limit, you promise to repay Immediately the amount which exceeds the credit ItmIL 3. REPAYMENT -You promise to repay an 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 tote 11mis of an advance. If the Addendum has no payment schedule for a subaccount, year payment will be determined at the time of each advance. Payments must Include any amount past due and any amount by which you have exceeded any credit limit you have been given be a sublaccount You may repay all or part of what you owe at any time without any prepayment penalty. Even If you prepay, you will oil[ be required to make the regularly scheduled payments unless we agree In writing to a change In the payment schedule. If you have a joint share draft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account- Payments will be applied in the order the Credit Union chooses. 4. PLAN ACCESS -You can obtain credit advances in any planner authorized by us. It we allow you to use your ATM/Debit card to access the Plan, you may be liable for this unauthorked use of your ATM/Debit card. You will not be liable for unautlwrt od use tliat occurs after you nottly us, crafty or in writing, of the loses, theft, or possible unaudwi ed use, 0 you believe your ATMMebtt card has been lost or sk&% Immediately inform the r or writtling us at the telephorie number or address that appears elsewhere In the the calling H ft card Is used to obtain advances directly from the Wan, your liability will not exceed $50. H the unauthorized withdmwat Is from a share draft account, your Willy Is governed by the Regulation E disclosures you received at the time you received your ATMIDebft card, even G the withdrawal results In an advance being made from your overdraft subaccount. S. FINANCE CHARLIE -The dollar amount you pay for matey 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 deity peria8c rate. The sum of these amounts IS the finance charge owed. The balance 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 it asked to do so, if you cancel your insurance and get a refund, we have a right to the refund. 11 the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You promisa to pay an taxes and fees (tike registration fees) due on the property and to keep the properly insured against loss and damage. If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance win 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 khans for the purpose of determining whether you and other borrowers have compiled with the Insurance requirements of its loan agreements or may engage others to do e0. The insurance charged added to your advance may include (1) the Insurance conlpeny$ payments to us and (2) the cost of determining compliance with the insurance require. H we add amounts for taxes, fees or insuraroa to the unpaid belettce of your advance, we may increase your payments to pay the amount added within the tern of the insurance or approximate term of the advance. 8, NOTICE - H you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The Insurance will not be liability Insurance. 9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional under the Plan. II you quality for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your ban balance and charge you interest on the entire balance. it you elect credit insurance, your payments may increase or the period of time necessary to repay your advance tray be extended beyond the approximate term stated on the Addendum. The era* ktsuranoe rates may change during the Plan. 11 the rates change, we will provide any nodces required by applicable law. 11L PERIODIC STATEMENT - On a regular oasis you will receive a statement showing all trarlsacUona under the Plan during the period covered by the statement Statements and notices will be sent to you at Nee most scent address you have givers us in writing. Unless applicable law requires notice to each joint bon vow, notice to any one of you will be notice to aft. 11. JOINT ACCOUNTS - H this is a joint account, each of you Is individually and jointly responsible for paying all amounts owed. That means we can enilarce our fights tattler the Plan agakhst any one of you Indlviduany at against all of you together If you 9rve us Ihcorhsisteni instructions, we can refuse to follow your instructions. Unless our written poky requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances indivi"ly and agrees to repay advances made to the other(s). 12. FEES AND CHARGES - H you give us a security Interest In certain types of and credits to that balance have been subtracted and any additions to the bell ance the amount of the the will be disclosed to you at the time you ofimin an advance. We have been made. In addition to interest, we may charge other Mance charges which may also charge you other fees In connection with the Plan. Those lees are are disclosed on the Addendum. H the Interest rate Is a variable interest re. e, the disclosed on this Addendum and will be added to your town balance unless you pay Addendum explains tow the variable Interest rate works, them in cash. 8. SECURITY INTEREST- The Plan is secured by the shares and deposits in all joint and individual accounts you have with the Credit Union now and In the future. Shares and deposits In an individual Retirement Account and any other account which would lase special tax treatment under state or federal law H given as security are not subject to the security Interest you have given in your shares and deposits. Additional security may be required depending on the subaccount udder which an advance is requested. For example, a subaccount called "Now Car Advances' means the securtty will be a new car. A subaceount called "her Secured Advances" means you must offer security acceptable to the Credit Union for the advance. Property given as security for any advance under the Plan will secure all other amounts you owe under the Plan or under any other Agreement with us now or in the future. Property securing other loans with us may also secure the Plan. However, if you have given your dwelling as security for a loan with us, that dwelling will not secure an advance made under the Plan. 7. PROPERTY INSURANCE, TAXES AND FEES -You will be required to purchase property Insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or 13. UPDATING CREDIT INFORMATION -You promise that you win promptly give us written notice If you move, change your name or employment, or G any other information you provided to us changes. Upon our request you also agree to provide us updated financial information. 14. DEFAULT - The following paragraph applies to borrowers In Idaho, Kansne, Maine and South Carolina: You will be in default it you do not make a payment of the amount required when it is due. You win also be in default it we believe the prospect of payment, performance, or realization on any properly given as security is significantly impaired. The following paragraph applies only to borrowers In Wisconsin: You will be in default if you fail to make a payment when due two times during any 12-month period. You will be in default it breaking any pronise made under the Plan materially impairs your ability to repay wnat you owe. You will also be In default it breaking any promise made under a Security Agreement made in connection with an advance, materially impairs the condition, value, or protection of or our right in the property you gave as security. The following paragraph applies only to borrowers in Iowa: You will be in default ft you are more than 10 days late in making a payment. You will also be in default if CC" MUTUAL GROUP, 1980, 82, 84, 86.89.97. ALL RIGHTS RESERVED PSECU FORM 43148 J3.XX=1-1 037-.-A2-1 j=) LOANLINER' Credit and Security Credit Agreement (continued) you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security of your ability to rapay what you owe under the Plan. The following paragraph applies to borrowers In all other states; You will be in default it you do not make a payment of the amount required when it is due. You will be in default If you break any promise you made under the Plan or if anyone is in default under any security agreement made In connection with an advance under the Plan. You will be in default it you die, file for bankruptcy, become insolvent, if you make-any false or misleading statements in any credit application or update of eredtt information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other ban agreement with us. 15. ACTIONS 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 arty 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: 9 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 ff a demand for Immediate payment has been. made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are In default You agree the Credit Union has the right to We possession of any property given as security for an advance under the Plan without judicial process it this can be done without breach of the peace. If we ask, you promise to dedver the property at a time and piece we choose. We will not be responsible for any other property, not covered by this Agreament, 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. Alter via Heave pOSeession of the property, we can sell it and apply the money to any amounts you owe firs. We will give you rhotlcs of arty public sale or the date after which a private, sale will be held. Our expenses for taking possession of and selling to property will be deducted from tae money received from the sale. Those costs may Include t w cog lit storing the propeM preparing it for sale and anomWs tees to the extern permitted undw state law or awarded under §506(b) of this Bankruptcy Coda. The rest of ilea salt money will be applied to what you owe under the Plan. 16. ACTIONS AFTER DEFAULT - WISCONSIN - The following paragraph applies only to Wisconsin borrowers: When you are in default and attar expiration of any right you have taaderapplicable state law to cure your default, we may require Immediate payment of your outstanding loan balance under the Plan and seek possession of the property. You may voluntarily ghre the property to us if you choose, or we may seek to take possession of the property by judicial process. It 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, I ACTIONS AFTER DEFAULT - LOUISIANA - The Immediate payment (acceleradort) of the entire unpaid balance under the Plan. Ybu waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleraton. It Immediate payment Is demanded, you will continue to pay her" dill whit you owe has been repaid at the applicable Interest rates in effed unless a default race Is disclosed on the Addendum. 0 a demand for Immediate payment has been made, the shares and deposits givers as security for rte Plan can be applied towards what you owe. Ws can also exercise any other rights given by law when you are in defatrlt and our nights under any security agreements you have with us. 18. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers In Illinois: We have the right to change the terns 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 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the dally periodic rate under a variable rate interest rate is not considered a change In terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers In Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the a,nount of your payments. or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Pian after receiving notice that your we of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion, and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all borrowers 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. Sections 21-25 apply if you give security In connection with an advance under the Plan. They apply to borrowers In all states except Louisiana Louisiana borrowers will execute a separate security agreement. Borrowers in other states may also be asked to execute s separate security agreement 19, DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. If we change the terms of the Plan, you agree that this Plan will continue to protect us. 20. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a hurt to be unenforceable, the rest will remain in effect 21. THE SECURITY FOR THE LOAN - You give us what is known as a security Interest in all property described In any receipt, voucher or other docurent 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 to days of the Advance or any extensions, renewals or refinancing of the Advance. It also includes any money you receive from selling this prop" or from insurance you have on the property. If the value of the property declines, you promise to give us more property as security fi asked to do se. 22. WHAT THE SECURITY INTEREST COVERS -The security interest secures the Adusm descrbed in the receipt, voucher or any other document you receive at the time of the Advance and any extensions, renewals or refinancings of the Advatm 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 ban, you owe us for any reason now or In the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the properly will secure only the Advance and not otter amounts you owe. 23. OWNERSHIP OFTHE PROPERTY -You promise that you own the property or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use 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 few. 24. PROTECTING THE SECURITY INTEREST - If your state issues a title for the- propertX you promise to have our security interests on the e. e may have to go what is called a financing statement to protect our security intarast from the claims of otters If asked to do so, you promise to sign a financing statement You afro protntlse to do whatever else we think Is necessary to protect our security Interest It the property. 25. USE OF PROPERTY - Until the Advance has been paid oft, you promise you will: (1) Use the property carefully and keep It in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property Is kept (3) Inform us In writintg before changing your address. (4) Allow us to Inspect the property. (5) Promptly notify us if the property Is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 26. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE.THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECTTO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 27. VERMONT NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OFTHIS LOAN. iFTHE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS 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 soparate sheet at the address listed on your statement. Write. to us as soon as possible. We must hear from you no later than 60 days attar we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your latter, 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 Rem 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 automats payment Is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to coiled any amount you question, or report you as delinquent We can continue to send statements to you for the amount you question, Including franca charges, and we can apply any unpaid amount in fhis Ag"reemeM, the words you and your means each and aft of those who apply for the card or who signs this / ferment. Card means the VISA Credit Card and any dates and renewal's we issue. Account means your VISA Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. RESPONSIBILITY - If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you am responsible for charges made by yourself, your spouse and mirror children. NW am also responsible for charges made by anyone else to whom you .give ft card, and this responsibility continues until the card Is recovered. You cannot disclaim responsibility by notifying us, but we will dose the account for new transactions It you so request and return all cards. Yburr obligation to pay the account balance coriftift even tough an agreement. divorce decree of other teat judgment to which we are not a party may direct you or one of the other persons responsible to paythe account 2. LOST CARD NOTIFICATION - tf you bottom the card has been lost or stolen, you will immediately c" the Credit Union at (717) 234-8484 or (800) 237-7326. After hours call (800) 65"678. 3. LIABILITY FOR UNAUTHORIZED USE - You understand that your total NebiTRy to the Credit union shall riot exceed $50 for any card transactions resulting from the boa, theft or unauthorized use of the card that occurs prior to the time you give notice to the.Cred if Union. Such RabilRy does not apply when the cad Is used to maize electronic fund transfers. The Credit Union uses neural networks, which by arilklal intelligence can recognize and alert us to potential fraudulent transactions. These alerts rrrrt?nyr? generate Inquiries about your use of the card and we apologize for any iicornienlan? thls might cause. 4. CREDIT LINE -- if we approve your application, we will establish a sell- card.Nbu replenishing gree Line of not to etdthe account balar exceed this approved Credit Line. Each payment which is applied to the principal. You may request an Increase in your Credit Line only by written application to us, which must be approved by our credit conunittee or ban officer. By giving you written notice we may reduce your Credit Una 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 tarn nation by either of us does riot affect your obilgation to pay the account baiance.The cards remain our property and you must recover and sturanler to us all cards upon our request and upon termination of this Agreement. 5. CREDIT INFORMATION -You authorize us to investigate your treed 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 stout 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 Una, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us.You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total W against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still oblicated to pay the parts of your statement that are not in question. It we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. It you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not safisfy you and you write to us within ten days telling us that you still refuse to pay, we must leg anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first SSa of the questioned amount, even it 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 sate, within 100 miles of your current mailing address: and (b) The purchase price must have been more than S50. These limitations do not apply if we own or operate the merchant, or H we mailed you the advertisement for the property or services. New eatanoe moseds your Chit Una, you must Immediately pay the excess upon our dorland. We will apply payments In the following manner first to previous late fees, then,to puefte cash advances finance charges, then to previous purchase finance charges, than to murard late tees. than to previous cash advance balances, it= to previous purchase balances in ft order that they were posted b your account, than to cxutertt cash advance balances, acid than to current purchase balances. 7. FINANCE CHARGES-You can avoid Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise. the New Balance of Purchases, and the subsequent pins 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 data they are posted to your account Purchases: We calculate your finance charge by multiplying the average adjusted dally balance (see expfarmtion below), I chiding new purcirhasea, for the billing cycle by the monthly periodic purchase rate as disclosed on ft addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (a" explanation below) for cash advances during the bgting cycle by the monthly periodic advance rate. Balance Computation Method Average Daily Balance for Purchases - The Average Daily Balance for Purchase Transactions Is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing purchases each do_% we take the followft cycla, To e We ? Ong Balance balance (all amounts you owe) am mart of the day. Then, In the sequence in which amounts are posted to your accouxt we add the amot fits of all debits and subtract the amounts of all credits or payments which post to your account that day. Altar applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Them we also subtract the in any previous day in the tilling cycle. This gives us Average Derry Balance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in tta Average Dairy Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and Is subject to the Cash Advance Monthly Periodic Rate. The Average Dairy Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and than dividing by the number of days in the biting cycle.To calculate the Daily Balance for cash each day, we take the following steps: We take the outstanding balance (alt amounts you owe) at the start of the day.Then, In the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Dairy 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 oalances, 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, d any, and then to the balance of your account. VISA' Credit Card Agreement and Truth In Lending Disclosure (continued) Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, we will not apply the Monthly Periodic Rate to your Account on your next statement. . S. DEFAULT - You wlil be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date.You authorize us to transfer funds sufficient to make the minimum payment due if your VISA loan is in default. You agree that we may temporarily suspend your ATM card access if your VISA payment is due for a period exceeding 30 days. You will also be in default if your ability (o repay us is materially reduced by a change in your employment, an increase in your obiigations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or if the value of our security Interest materially declines. We have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, Including court costs and reasonable attorney fees. IL 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 cand to a partldpating VISA plan merchant, to us or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other Is to complete the tivinsaetlon 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. Ybu agree that you will not use your card Ibr any transaction that is illegal under applicable federal, state, or local law. The monthly statement WM identify the mendtant, ell ctro& terminal or financial institution at which transactions were made, but sate, cash advance, credit or other slips cannot be ref rned with this, statement.Ybu wfa retain a copy of such slips furnished at the time of ate transaction In order to verity the monthly statement, The Credit Union may make a reasonable charge for photocopies of saps you may request. 10. RETURNS APED ADJUSTMENTS - Merchants and others who honor the card may give credit for ret me and ad)ustmwft and they will do so by sending us a credit slip which we will post to your account. It your credit and payments exceed what you owe us, we will hold and apply this credit balance against future purchases and cash advances, or if it Is one dollar or more, refund it on your written request or aUWMWC* taller six months. MONEY ACCESS CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), In consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our and us) Issuing to you a MONEY ACCESS CARD, hereby agree to be legally bound by the following terms and conditions. You agree that the use of your MAC card(s) constitutes acceptance of the terms and conditions of this Agreement, You understand that MAC' Is a c rea4slated service and you authorize PSECU to obtain a credit report on any users of this account. 1. Accounts. and Una of MONEY ACCESS CARD You have the account(s) ('utdudtng Chocking and Regular Shares), which we set forth on your application form with this Agreement. You hereby request that we Issue to you are or more MONEY ACCESS CARD(s) to be used In connection with such accounts as described In this Agreement. You understand you may use the MONEY ACCESS CARD at a MONEY ACCESS CENTER' to (1) withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from your account, (4) receive information regarding the balance In your account(s) or (5) make cash advances from your credit account(s) In the amounts you request. Ybu may also use automated teller machines throughout the United States and in certain foreign countries which bear the PLUS SYSTEM' name and logo (1) to matte withdrawals from, (2) effect transfers to or from 0)_ receive Information regarding the balances in your in place, you may also make a cash advance from your PSL You further understand your may use the MONEY ACCESS CARD to purchase goods and services ("Purchase) at arty retail establishment ('Merchanr) where MONEY ACCESS CARDS are accepted by such Merchant. if you use the MONEY ACCESS CARD to make a Purchase to obtain cash, if permitted by the Merchant, you shag be requesting us to withdraw funds In the amount of such Purchase (including any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant. You request that we will provide to you such other services or access to other ATM systems or networks using the MONEY ACCESS CARD which we may later make available and which we advise you are offered in connection with your account(s) set forth on your application form. You also understand that from time to time you may request in writing that we provide access to additional accounts of yours through the MONEY ACCESS CARD we have issued to you. You agree that the uses of the MONEY ACCESS CARD described in this Agreement shall be subject to the ndes and regulations of each account which is accessed by such Card. Use of Personal Identification Number ("PINT with MONEY ACCESS CARD You understand that a MONEY ACCESS CENTER or a PLUS SYSTEM ATM is an automated teller. It can and will perform many of the same tasks as a human teller. You'acknowledge that the Personal Identification Number or PIN which you use with the MONEY ACCESS CARD is your signature, identifies the bearer of the Card to the MONEY ACCESS CENTER, PLUS SYSTEM ATM, or other network ATM and authenticates and validates the directions given just as your actual signature and other proof identity you and authenticate and validate your 07 11. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign countries and foreign currencies will be billed to you in U.S. dcilars. The conversion rate to dollars will be (f) the wholesale market rate or (ii) the government-mandated rate, whichever is applicable, in effect one day prior to t^e processing data, increased by one percent. 12. PLAN MERCHANT DISPUTES - We are not resporsible for the refusal of any plan merchant or financial institution to honor your card. We are sub,ew to claims and defenses (other 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 sanding you, 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 secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this socount 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, it you give or have given us a spedfic pledge of your credit union shares (Deposits) by sighing the Pledge of Shares or otherwise, or any other security interests for all your debts, your account will bar 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 bansac Ions on your account own though the sales, cash advance, crecR or other saps you sign or receive may contain ddlerent terms. We may amend the Agreement from firne to time by sending you the advance written notice required by lasw.Ybtr use of the trend thereafter will Indicate your agreement to the amendments. To the extent the law permits, and we indicate, in our notice, amendments wig apply to your existrtg account balance as well as to future transactions. 15. LATE PAYMENT CHARGE - If your Mini rium Payment Is not paid within 15 days after the Payment Due Date, you will be subject to a single charge of 5% of the minim urn scheduled payment. I& COPY RECEMM -You acknowledge receipt of a copy of We Agreement. direcdatts to a human tetler.You also understand that a Merchant which accepts the MONEY ACCESS CARD for a Purchase transaction may have an electronic terminal (Merchant operated or Self-Service) which requires the use of your PIN and when your PIN is used at a Merchants terminal, lt will authenticate and validate the dfrectons gtmn Just as your actual signature will authenticate and validate your directions given to us. You acknowledge that your PIN is an Iderdlfit a1lon code that Is personal and confidential and that the use of the PIN with the MONEY ACCESS CARD Is a security devise for your account(s). Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PIN. Liability for Unauthorized Transactions You agree to contact us at once if you believe the MONEY ACCESS CARD(s) issued to you or PIN has been lost or stolen or money Is missfrtg from your account(s). You also agree that p your monthly statement shows transactions which you dal not make, and you do not contact us within 60 days after the staternent was malted to you, you may not get any money lost alter that time. YOU AGREE THAT IFYOU GIVE YOUR MONEY ACCESS CARD(s) and PINTO 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) SYSHEM. You could lose all ytwr money in the accourt(s) H you take no action your Personal Identification Number (PIN). Do not cep or disclose your PIN to any other person Do rot write your PIN on your MONEY ACCESS CARD. Do not keep a written record of your PIN near your MONEY ACCESS CARD. Do not choose a PIN that is easily identifiable. A new card may be ordered for you at that time and a 'hold' will be placed on your oid card After such time, it you find your old card, destroy the old card by drilling it In bait If you attempt to use your old card, it wig be captured and retained by the MONEY ACCESS CENTER, PLUS SYSTEM, or HONOR ATM. 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 $20. You agree to pay a 25 cent charge on each balance inquiry. You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered as such teas or charges may be imposed or changed from time to time. 5. Deposits You agree that when you make a deposit at a MONEY ACCESS CENTER that we have the 69M to verity the deposit belore we make the money available to you. It you deliver cash, checks or other items to a MONEY ACCESS CENTER, you understand and acknowledge that the funds from your deposit may not be available for Immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular account in which you 07 Electronic Funds Transfer MAC AgreermeRC? tr .gg tlon hWQspre (continued) are making a deposit, the items that you are depositing and wne:rer Ire csoostt is made at a MONEY ACCESS CENTER that is owned by us or another fir:ancial institution. You also understand and acknowledge that not all N10NEY ACCESS CENTERs may accept deposits and some, MONEY ACCESS CENTERS may limit the amount of funds which may be deposited and we may not control these limas. 6. Liability If the MONEY ACCESS CARD is issued for a joint account, you agree to be joinity 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 casts (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 tram your account(s) which are not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are not collected. 7. Amendment of this Agreement You agree that from time to time we may amend or change the tennis of this agreement including amendments or changes to add further MONEY ACCESS CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the MONEY ACCESS CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. S. Ownership You agree that the MONEY ACCESS CARD Is our property and you will surrender it to us upon our request. You agree that the MONEY ACCESS CARD Is non-transferrable. 9. Disrdrasnues You hereby acknowledge receipt of the disclosure statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. REGULATION "E" DISCLOSURE 1. Summary of Consurtser Liability • MAC, ACH and SST - Tell us at once N you believe your card has been lost or stolen.TeleptwNng is the best way to keep your possible losses down.You could kiss all the mriney 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 loam of the loss or than, you can loss no more than $50 H someone used your card without your permission. If you do not tell us withkt 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 N you had told us, you could toss as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. N you do not tell us within 60 days attar the statement was mailed to you. you may not get back any money you lost after the 60 days H we can prove that we could have stopped sornime from taking the money N you had told us In time. H a good reason such as a lorg trip or a hospital stay kept you from telling us, we will extend the lime periods. 2. Telephone Number and Address to Notity of Unauthorized Transfers •. MAC - Contact PSECU at (800) 237.7328 or Money Access Service (MAC) at (800) 523-4175 during PSECU non-business tours, then follow up by contacting PSECU at (800) 237-7328 the next bgstrtess day. • ACH and SST - Contact PSECU at (800) 237-7328 (nationwidg) or (717) 234-8484 (in Harrisburg). Pennsylvania State Employees Credit Union P.O. Box 67013 Harrisburg, PA 171 D8-7013 PSECU Business Hours 7:00 a.m. - 5:00 p.m. M - F 8:00 am. - Noon Saturday TDD (800) 473-1967 Nationwide (717) 777-2100 in Harrisburg 3. Financial Institution's Business Days • MAC, ACH and SST - PSECU's Business Days are Monday through Friday. Holidays not Included. 4. Types of Electronic Transfers a Consumer May Make • MAC - Balance Inquiries on checking, savings and PSL; withdrawals from checking/savings, cash advance from PSL; deposits to checkingisavings; 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 ban 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. 07- S. Any Charges for Electronic Funds Transfers or for the Right to Make Transfers MAC • Fifty cents for each disbursement (.:ash advance or %V&drawal) less than S20; fifty cents for each transaction over 15 per month, and a 25 cent charge on each balance inquiry. ACH - S20 service charge for insufficient -.nds for each electronic transfer. SST - none S. Summary of Consumer's Right to Receive Documentation of EFTS • MAC - You are entitled to receive a printed receipt at the time of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST - You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you can call us at (800) 237- 7328 to find out whether or not the deposit has been made. 7. Stop Payment Rights - Pre-authortzed transfers • MAC and SST - Not applicable. • ACH - Right to Stop Payment and Procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how. Call us at (800) 237.7328 (Nationwide) or (717) 234-8484 (Harrisburg) or write us at PennsyhraNa State Employees Credit Union, P.O. Box 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 tlarybW Amounts. It these regular payments may vary In amount, the person you are going to pay will tall you, 10 days before each payment, when it will be trade and stow much It will be. You may choose Instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fail outside certain limits that you set. • Liability for Failure to Stop Payment of Presudiortred7Yansfers. It you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, unless we request and do not receive written confirmation of an oral stop payment within 14 days and the transfer takes piece after 14 days, or you fall to give us proper instructions that would enable us to place the stop on the transfer. 8. Summary of the Financial institution's Faffum to Make or Stop Certain Trarokm MAC- If PSECU fails to complete a transaction on time or in the ironed amount. when property Instructed by you, PSECU will be liable for damages caused by our faiitme unless: (1) there are Insufficient funds In your account to complete the trawler; (2) the funds in your account we uncollected; (3) the funds are subject to legal process; (4) the transaction you request wodd exceed the furhds in your acoourd pits any available overdraft protection, (5) the Motley Access Center, PLUS system or HONOR ATM has Insufficient cash to complete the transaction; (6) yaw :card has been reported keel or stolen and you are using the reported card; (7) PSECU has reason to believe that the transaction requested is unautfwrtzed; (8) the ta9ure is due to an equipment breakdown that you know about when you started the transaction at the Money Access Center, PLUS System or HONOR ATM; (9) the failure was caused by an act of God, fire, or other catastrophe, or by any other cause beyond control; (10) N you attempt to HONOR ATM, or merchant terminal that is not a permissible transaction listed above; or, (11) the transaction would exceed the security limitations on the use of your Money Access Card. ACH and SST - It PSECU fails to complete a transaction on time or in the correct amount, when properly instructed by you, PSECU will be Gable 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 too process; (4) the transaction you request would exceed the funds In your account plus any available overdraft credit; (5) PSECU has reason to believe that the transaction requested Is unauthorized; (6) the failure was caused by an act of God, fire, or other catastrophe, or by another cause beyond control. In any case, PSECU shall be liable for actual proven damages H the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. 9. Disclosure to Third Parties MAC, ACH and SST - PSECU will disclose information about your account to third parties: (1) when N is necessary to complete transactions; (2) to verify the existence and standing of your account With PSECU upon request of third party, such as a credit bureau; (3) to comply with government agency or court orders; (4) In accordance with your written permission; (5) to comply with government or administrative agency summonses, subpoenas, or court orders; (6) on receipt of certification from a Federal Agency or department that a request for information Is in compliance with the Right to Financial Privacy Act of 1976; and (7) when it is necessary to take legal action to recover shares. 0 r ftgtronic Funds Transfer AfAC?greement aniL&DulafPon "E" Drsciosyfq (continued) 10, MONEY ACCESS CENTER Services MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at MONEY ACCESS CENTERS located III Delaware, Maryland, New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit In your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some MONEY ACCESS CENTERs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all MONEY ACCESS CENTERs may acceot deposits. There may also be limits on the amount of funds which you may deposit in certain MONEY ACCESS CENTERS. 11. PLUS SYSTEM' Services • MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLIES SYSTEM ATM) located throughout the United States, Puerto Rim Canada, Great Britain and Japan to conduct arty of the following transactions on the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE. Deposits are not available through PLUS SYSTEM ATMs. Thew are the MONEY ACCESS CENTER services currently available through the PLUS SYSTEM network Other services may be offered in the future. 12. HONOR' System Services • MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at any HONOR automated taller machine (HONOR ATM) located throughout Florida and other areas where there are HONOR ATMs. The k*owdng transactions may be done on the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are riot available through HONOR SYSTEM ATMs. These are the MONEY ACCESS CENTER services currently available through the HONOR SYSTEM network Other services may be offered in the future. 13. Other ATM Network Access • MAC Only- From time to time. PSECU may make arrangements with other ATM networks to grant access to MONEY ACCESS CARDS. PSECU shall Inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described. 14. Purchase Transactions • MAC Only - You may use the MONEY ACCESS CARD to purchase goods end our MONEY ACCESS CARD. The number of a•,tempts that resultt in machine retention is not revealed for security purposes. 16. Error Resolution Procedures ILIAC, ACN and SST • In case of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237-7323 Nationwide, TDO 1800) :72.196667 Nationwide, (717) 777-2106 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 If you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no later than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and MONEY ACCESS CARD number (if a MAC transaction), or reference number (it Self-Service Telephone Transaction); (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need the information, and; (c) The dollar amount of the suspected error. It you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will tell you the results of the investigation within 10 business days for MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for MONEY ACCESS CENTER purchase transactions. It we need more time, however, we may take up to 45 days for MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF- SERVICE TELEPHONE, or DIRECT DEBITICREDIT TRANSACTIONS or 90 days for MONEY ACCESS CENTER purchase transactions. If PSECU decides to do Oft it will recredit your account within 10 business days for the amount you think Is In error If it is a MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT trarmiction, or 20 business days 9 it IS a MONEY ACCESS CENTER purchase tratirmcdon. You will have the use of the money during the time it takes to complete the kweedgation. If PSECU does not receive your complaint or question in wrii5rtg within 10 business days, PSECU may not recredit your account. N PSECU decides there Is no error, you will be advised within three business days after the investigation is completed. You may ask for copies of the documents PSECU used in the Investigation. If PSECU amdits your account while Investigating, you must repay those funds it PSECU concludes no error has occurred. Notice To Consumers Using ATM's • Be alert to your surroundings. If you doubt the safety of a particular location, choose another ATM. • If the MW has an entry door, close the door prior to initiating your transaction. • Put your cash away immediately • Direct complaints contenting ATM security to an appropriate department of the owner of the ATM. New Jersey residents: you may call the New Jersey Department of Banking at (609) 292-7272. For those members who purchase a vehicle under the DRIV Program, please review the following FTC Notice: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER ACCESS CARDs are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking. When you make a Purchase using the MONEY ACCESS CARQ you will be requesting PSECU to withdraw funds from your Checking in the amount of the Purchase and dlrocdng PSECU to pay these funds to such Merchant 15. Umitations on the Use of your MONEY ACCESS CARD • MAC Only -You may withdraw up to $500 per day from one or a combination of your accounts by using a MONEY ACCESS CARD provided ttte funds are available at a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System ATM. In addttlon, you may whhdraw/purchase up to SSW at point of sale locations. PSECU reserves the right to reduce this daily limit at any time. In the event that your daily limit is less than $500, PSECU will advise you of the new limitation. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the MONEY ACCESS CARD. However, these limitations are not revealed for security reasons. The Pennsylvania State Employees Credit Union is not obliged to maintain such limitations. You will be denied use of your MONEY ACCESS CARD if you exceed the daily withdrawatipurchase limit, if you do not have adequate funds available in your account, do not enter the correct Personal Identification Number (PIN), or exceed the frequency of usage limitation. The receipt provided by the MONEY ACCESS CENTER, PLUS SYSTEM, or HONOR System ATM, or Merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit will result in machine retention of PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR. SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. M r O O va Q? co x Q ?- W 0 12 co w°a S rl Q. W Z Z Q 0 J N O _N e?p U J J 7 P. r ? A c u w OI c ?y A u '^ ¢i QOM L Q 1 ?. a = o c o U m= A m ? ? o v °I m? m .w v O o UCA} e C a d A U 45 4 ti. A 0 ° m a E lau oC w Q r z U w cI wa^ 13J a J D z z a a? g 7a.. ? O too c 0 L U ..c m ? V ?. a'v w vii dv?? a cb? c Eo ? ? L CS ,? O 114 _ b aw ° Qaa av N ? aci VI ?•?a y c a `0 ? a n = .c l Y M j O c 3 O A 0 8 =? h mo E 0000o0000000o0000000 OOIm ti o5 K PIN o O m n tom vt.f N T"o > E ? O A N- .------ - o rn G f9 ' E 'C m m E a C o a ai o £ X A ? tD _ ? m L _ ,O„ m a O N 3 m y c ° E O E•U7 ° m m - In o U) Lu o c u T A 0. Q) _C 2- -10 E s=am T `gc o a t? `?: to mw ? 'S c o p L _'n O to p o 'a A m a oooo?ogo?ogp0N00000000000 N?NN??? omm v N le"Re n A P/MN N c 0 E N VI 8 O a 'a a d 40c ca Q?? G c S 0 z m Evpt E w ,? L .. -? 0 C o' E? n.. - C - c c v m N a '° O ' m E $ Irv F- o b? .. h " E E ° bi $ `d° g ?0 8 ? 8 48 8 8$ 8 5 4 8 8 8 8 $ ?' 8 8 ++ Z E 0- p E 5 5??gg Q QQQ QQ ? y y?? gg 5 ??5 ??5 ?? 5 ?? QQ Q Q5 +a 2525gZ575Z52575° 2 2 :5?25o82S 'K W A•rs Q m Ob z c 9 o N 7 O ? O Z5 5 5 c N:=-^'^"?r?OOhIDN rtMN? 5?983?8895?$$8 955 88 a - l Z. . .- .- O-... o 1" C ¢E 2 T o Q L n pop008080Ro?Qg80oppapp°opaopSanoaQgoppo0 §pp z h ??!!,?? J m JJ O U CL _ p jalJ i? p? O? J J Q 0004000OOOQQO$ OI a -:Vf f M ff e= 0 01 10 h 0 N V 1'1 N e- e- e- - - - - - - 389 Ua 5>0 I LLI I--- 0 u e y a e 0 r O 8 O M w a 5 P 0 a R a c O 3 ow. F w Eo d? 9 .a ? wh Q as C IL b 'a EGg It , EE??o.?n?v om2a"a :.F? n a;; o g g. C a -Nri d -nr?v rN.? m aiN? 8p a s aY N N H N N N . A N N N N N z; D t . N +n N V f 7 k= -J W s f a ,? ?5? ?`ul ?` b7 w /? .O ? ?O I!f aD a0 n.? ? d V1 W Vl Vf r T Ol ? m ? W M wb? V PPIQ 1oN y??OpfOA PD.N ph hhn N N C V A O.S mmPP0.0 V mmmP A MwPJ w?f Y $Q?a ?m? a m ?cm,0 x v ° d o 000 C ° p dm` 0c N N N N n v g EFg b 8 Sm.09 m ` C C o CL c j1A d O o n G co m E L sA g o as L4 0 sw::a07 $ °o r N v O m Op m A 6Ri O> w d p s>~ Z w } E °d =Q ooo'OC y adoa'a C QA 6.y.. O 3 S0 7WNOI V C iri C Q co v v O C L v d C c o roti R o?dm o0 uw v ow? H ? c 0x20-3 '?2-0 >g`oi° 08 Z o O C. E 7 w C O >ii v 3 >>?- wQ a mJ a N rs O R v o eca o G .t?S pn c141 p°Gp C1 v' S goo c o'Awo y N u E r1 u C 0 E'. A •- O•? NL0 00 00080 O so w O a 4 W i rj r R u p> O 0 0 J > O Iti 0 0 7 y? R yj 0 88 ° J r` A L R V J m in C4 tv co to R 'V r C t7 v 3 as ?i t? ?1 ° G o o ?a O V O.0 o 61 ; CC, VIMN>F- iAw win 3 VINN W E m e S i ea i- v o> c! to 0 Q 2 _€i m w 0 a a r; o a1 C 04 .J? r J a UU o? _- ?n 0 A a C O L e E O g C a? L V } lit 11111 alai M 2411 1 2 M a. eL i 81 vgQ tort E? PYg', ?i 4g? ???3? ?c83 S v i o_-_ ° o c °.Lts ?md ..- .= 3 >% tQ O U V f0 O ..° AJ 0:19 n. C L 3 O C _ ?0 0 N_ 7 ?- C U O 0) TO .o O E O O MC ` O y O. O U 3 N p 0 0 S E N C N N O >1, co a? N N l0 ?wO Qd x 0- y O N O 0 0 's O ?. c _ t LL V O U O O N L O C L O O G1 Gti > O'.0 O N U) C 0 O q d? .2 E m w 2! C &C-0 ( D- d C ?l?0 mN 'N O oA C G1 a 0 O L= O C C C 10 m C O U O E i7 Ea = `o c t ate' .? 1A 0.4) E V- O. C O'0 a .4 ° t.- Go 4D ?A n N Of O? N 40 Yf 01 ?ypp?po y O ??pp ??yy C? M O V O Tp C.C N V• MMNNr r OOQfGOQnn000??.p apy0+f 00 -rrrrrrrrr O'G+00 COG000000000 G.0 LO N C (CU T O rrr r?-rrr r?-? r r -- - rr -- r.e; O Q00 C? E L U dE O N N !4 ? y 'O pp 0 a K N ? 'er 00 rS 0 y a! V N C C ,c N L Nf Mqqm08p-NM y?p n4DOfOrNMV'U1mnm010 LL ° N x0 O O N G? N h- Of O O1 0? 01u9O1 S;00 01 0 000a 00000r E c d°!4 'a o v E os? r r rrr. r? (? y0 ?NpN N p C O a1 n V-- O o Eq ?? O Ol r 0 00 V. M N O y Ql N P OI pf m M? 01 V' 06 r P • ?R"m-m"NNN A{?N `8o?m nn a?n ?' v w C y• a? -0 j? MMMMCf/hf?C1NNNNNNNrrrr..-rte' ?1bC1 .? O.?C?.OW O• d C W C rrrrrr Mrr•rrrrrrr-?r?-rr.•rrr??-.-.•?-? 3 L O t0 Mti © p C .. O LA CO O p i m O ?Q. C 3{ p0 O c= a m?S J. m yt.4 0 = G G a E S00$ O` 'O y m rNMV•inwr-000rNMV?O'1mn000rOrNM???W ?d C .? d O 0-0 O N ca 0x0}y. O U r mmmmmmmmm n n n r t+ n n n nn40 ao ao 4o ?A . O O qm? ? m E> C E x- O O a {? C? yfDCE'0d C o"E0rn ?t7 C_ C g E> O d G E r ; R a0• C N L- CL V c G ?cpp VN0V p C y N O ?M N n101 ?b0N90?i00^NO?I?ggOV' (pr ?gV'n?y G$' Po' C P.1r3 M d a r??4r°??e?.n-.n•,rn :°.lr? r:°ri.inrbem-•rrrr?r.- ?,Q 3 'O rn? Eo -a E A 1.0 c E °v ' V €? 3 r 0 N =p w? L 41 l0 '0Qj C C rN a mi•40000rNMe??tft0l.400/OrNM KflOnpp010 Lis r- a) C?p z C N I N O O d pc O li F.t9en MMMMV•vevV'vvvvvlnw 0340010 imm r- I- IA O 1 E 3 r y ? w2l .r. E O O d?p;v >+ CL S?va N 0 ,T- 'C GGC?y??1 0 rJ N ID M ?.O X 4O a C V O p L, NNMMO V 40 m40 NN?Vy'OHOO n OfM000 2 4 O C P- O 7 > E O O yt9 V ?0N ?yfi^.ppN??00?fD-V O N ?M-e00 (Q CO ?•. 0 t0 y 7 .0 7 d V' V; n n M l'71'7l°1 p1 NN0ytYNNNNI?NgNNN?I4 ?y O>%Cm c 3 ?41.NO cL M y X N C a- C O F NN d) V U) w (D 2 (D C' L. O O'} (p A O ?NM V to ton ao 0)? ?? ????°r ?NNNNNNNNNNM a >1 ? . o ?Dd m °N C N EZ W O N 0 C C C N C N N °p O C E N O O a1 C w O^ c > m O U L U) to (D > y 0 0 M O? N O'C O N ?. CV),C, O a y .+ 3 7 a C1 X ,z f0 LM 0. y rmf 0> E C v 0. ` 0-6 ? d m = ° a?o g E a c 0co 0 o a yNN oar °'c 40 LOCic_?omo cc(am ° O iv x ? tL- ?°,aaE z E a a.54°. °, Ra 00 O ! ? ^b SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS SWETT BRIAN J R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SWETT BRIAN J to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 27th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer -? _-- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 45.73 Sheriff of Cumberland County Postage 1.65 84.38 G?byIDP. 05/27/2008 VAN ECK & VAN ECK Sworn and subscribe to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF S(1 )'771 96CALI, 0 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE VOTRUCTIOINS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAGE TYPE ONLY LNG 1 THRIJ 12 00 F40T DETACH ANY COPIES 1. INTIFFISI 2 COUR NUMBE 11 4 TYPE OF WRIT OR COMPLAINTN O T I C E , C I C A 1 OEFENOA TfSJ 1 117 SERVE , 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIE . ATTACHED, OR SOLD 6 ADDRESS (STREET OR RED WITH BOX NUMBER, APT NO, CITY. BORO, TWP. STATE AND ZIP CODE) AT aZ lc-E/ SS /UC•c ?! r,?Gr.?z?1 ?.? l 7 7 7. INDICATE SERVICE Q PERSONAL L7 PERSON IN CHARGE )C)EPUTIZE 4 CERT MAIL U 1ST CLASS MAIL OSTEO HER eriff of NOW May 7 .20 08 I, SHERIFF F OUNTY, PA, d ereby dp= York COUNTY to execute this '- Ing to law. This deputization being made at the request and risk of the plaintiff.. SHERIFF OF 1?C COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC U U T OF CO . Ctmberland 1let-4 C17L aYl ?o ADV FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPUCA13LE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, alter notifying person of levy or attachment, without liabliy on the part of such deputy or the sheriff to any plaintiff herein for any loss, deslruction, or removal of any property before sheriffs sale thereof 9. TYPE ME and DDRES$ of ATTORNEY/ ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 1 1. DATE FILED 111 Lts1?. 2. 1 h,n fn r i JIM _ A. n .n lair t /Y F -1- 9 a n R yo bh E l?_;Aki o . NJf 171/2- 7 j ul ` V-W J?7n) 3 70 - J Mho 1-rr-4 ff 12. EN NOTICE OF SE VICE COPY T NAME AND ADDRESS BELOW: (This area must be completed it notice is to be ma rled) ?6"UaY1IEC EC! 1/? CllM,6 RLAND 0 SHERIFF SPACE BELOW F OF THE SHERIFF - DO T VMM On SCOW YMS L1W 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complatnt as indicated above. M J M C G I L L Y C S O -15-8-08 15-31-2008 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED ( POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. Q 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119, Date of Service 1 20 Time of SgaiiQ 23. Advance Tot. Costs 33-:fist und Chec 10O O is 24 Service )D Costs 25 N/F 26. Mileage 27 Postage 28: bI 29. Pound Nola 31. Surchg. 05'731'540 9. 0 7?!) 140.7?) 30, ob 34. F oreign County Costs 35. Advance Costs 36 Service costs 37 Notary Cert 38 Mdeage/Postage(Not Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to befor this rT1 44. Signature of 42, day of 20 43 _ - Dep. Sheriff P?I N TA Y 46. Signature of York UREIC County Sheriff CCuNTY 47 DATE 5/20/08 A. nn- PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff NO. 2007-5995 VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Brian J. Swett for want of ANSWER TO COMPLAINT. ( X ) Assess damages as follows: Debt -----------------------------------------------------------------$15,210.43 Attorney's Commission ------------------------------------------- $3,067.08 Filing costs ---------------------------------------------------------- $to be determined TOTAL -------------------------------------------------------------- $18.277.51 plus costs ( 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. ( X ) 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. ( 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: o? Signature: c, Melissa L. Van Eck, Esquire Attorney for Plaintiff 7810 Allentown Blvd., Suite B, Hbg., PA 17112 (717) 540-5406 ID#: 85869 NOW,, 2008, JUDGMENT IS ENTERED AS BOVE. Pro notary , Ni )ision By: Deputy Document #: 180057.1 PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-5995 VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW TO: Brian J. Swett, Defendant You are hereby notified that on J ?oT?G10 `1? , the following (9fder) (Degree) (Judgment) has been entered against you in the above captioned case for your failure to file an answer to the complaint A Judgment in the total amount of $18,277.51 plus costs is herebv entered. DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Brian J. Swett 28 Ross Avenue New Cumberland, PA 17070 A: Brian J. Swett, Defendant, Defendido/a (Defendidos/as) Por este medio se le esta notificando que el del de el/la siguiente (Qfden) (Deerete) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Brian J. Swett 28 Ross Avenue New Cumberland, PA 17070 Document #: 180057.1 PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, : CUMBERLAND COUNTY, : PENNSYLVANIA VS. BRIAN J. SWETT Plaintiff NO. 2007-5995 Defendant CIVIL ACTION -LAW TO: BRIAN J. SWETT 28 Ross Avenue New Cumberland, PA 17070 DATE OF NOTICE: June 12, 2008 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Assocation 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800-990-9108 By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-5995 VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the Appearance of Van Eck & Van Eck, P.C., as counsel for Plaintiff in the above captioned action. Respectfully Submitted, VAN ECK & VAN ECK, P.C. Date: July 15, 2008 By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 Henry W. Van Eck, Esquire Attorney I.D. No. 83087 P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 Attorneys for Plaintiff Document #: 180057.1 PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA NO. 2007-5995 VS. BRIAN J. SWETT Defendant CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Henry W. Van Eck, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Brian J. Swett, above named, is not a corporation and is an adult individual under the age of 21 years of age; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. VAN/ECK & VAN ECK, P.C. By: W V144. _ gt4ja_ Henry an Eck, Esquire Attorney Y.D. No. 83087 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Attorney for Plaintiff Sworn and subscribed to before me this _day of July 08 ?Adt"(W, Notary Public NOTARIAL SEAL OAU MELISSA L VANECK Notary Public WEST HANOVER TWP, DAUPHIN COUNTY My Commission Expir*s Mar 22, 2011 Document #: 180057.1 JAW JAJOATOV NONA4 J .eU114 t Y1NUCID t fRgUAQ qWY 23VOMA4 c;W ' ?t75 SS IoM xeltgx'3 nc,?s??mma_'1 uh4 0 VI G. cn z- FTI