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HomeMy WebLinkAbout07-6784IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. ?7 - 101184 CREDIT UNION, Plaintiff VS. BERTHA MCMURTRIE Defendant CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 Civi ( -T?rnn You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800-990-9108 Document #: 180057.1 EN LA CORTE DE ALEGATOS COM iJN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff . VS. BERTHA MCMURTRIE ; 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) 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 ma's 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 INFORMACI6N ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800-990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CGrra -726-- CREDIT UNION, Plaintiff VS. BERTHA MCMURTRIE Defendant 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, Bertha McMurtrie, is an adult individual with a last known address of 808 Windsor Pl., Mechanicsburg, PA 17055-4385. 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,9 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 December 27, 2005. 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 November 6, 2007, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Ten Thousand Five Hundred Dollars and 19/100 ($10,500.19). 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 Two Thousand One Hundred Twenty-Five Dollars and 03/100 ($2,125.03) 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, Bertha McMurtrie, in the amount of Twelve Thousand Six Hundred Twenty-Five Dollars and 22/100 ($12,625.22), 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 unworn falsification to authorities. Pennsylvania State Employees Credit Union Title: Co i ft2 s yy162 Date: 1110 * 1 Document #: 180057.1 EXHIBIT "A" p i M i r A-2 .• a -p ??N Z ??00 47? N Q ??r 'PO RC H. d g?s p?aa?? .' ^ 2 r ? t? ? ? C ?? v mz sgL'a a r. CL C 9.0.2 cl IV ? ' 1 a ? ? ag EXMIT 13" f I II f 1 E pSE%mv, Pennsvl inia State Employees_i redit Union PO Box 67013 • J-farrisburg, PA 17106-7013 0 (717) 2318484 (800) 237.7321 Netionvvide Loan Disclosures This LOANLINER Credit Agreement and Truth in Lending Disclosure will be referred to as -this Plan.- `you' and 'your' mean each person who signs this Plan. The 'credit union' means PSECU or anyone to whom the credit union transfers its rights under this Plan. HOW THIS PLAN WORKS - The credit union anticipates that you will borrow money (called advents:) under this plan from time to time. The credit union, however, Is not required to make advances for you under this Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (caned subaccounts) available under this Plan. If you have been approved for credit under a subaccount marked with a star (), you will be given a specific credit limit for that subaccount. For other subaccounts you may not be given a specific dollar Curd. PROMISE TO PAY - You promise to repay to the credit union an advances made to you under this Plan and any applicable charges described in the Addendum together with interest on what you owe until the total amount has been repaid. The interest rate depends on the suboccount under which the sdvsnca Is made. and their The Addendumshows go ? percentage ? eife ? the as daily periodic ry or all corresponding advances Is a varlable Interest rate, the Addendum explains how the variable interest rate works. PAYMENTS - The amount of payments for an advance is determined according to the payment schedule In the Addendum. If the Addendum has no payment schedule lot a subsccount, the amount and due date of payments will be determined of the tine of each advance. You may pay any o NIn !the Principal balance on any business day. You promise to make payments amount required under the payment schedule provided on your disclosure statement. Payments are not reduced as the principal balance declines, even It the new advances are made. Payments must include any amount past due and any amount by which you have exceeded any erect W you he" been given for a subaccount. You may prepay an or part of what you owe at any time without any prepayment penahy. LATE CHARGE - n your (minimum) payment is not received by us within 15 days of its db date we may charge and you have to pay a late charge of S% of the overdus payment. COST OF CREDIT - The donor amount you pay for money borrowed is called a finance charge and begins on the date of each advance. To compute the finance charge, the unpaid balance tot each day since your last psymerg (or Wrics an advenco N you bare ad yet made a paynw* Is mullipnad by the applicable dally periodic rats. 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 new advances have boon added. A finance charge will be computed separately for each soparste balance under this Plan. SECURITY INTEREST - You agree that all balances under this Plan except those obtained by ushV your ATM owd to access your line of credit subaccouni will be secured by the shares and deposits In all pint and Individual accounts you hove vft tits credit mica now and in tie future. You will give us a sewdly interest in ON kwwhbw and jour accounts you have with the credit union now and in the fulum 10 secure all advances obtained by use of your ATM card. Additional security wig be, required depending on the subaccount under which an advance is requested. For example, a subowwrit called 'New Car Advances' means the secuitywil be a now est. Shares and deposits in an Individual Ralitement Account and any other account that would Iwo spacial tax treatment under state or federal low ti given as security are not subject to the security interest you have given in your shares and deposits. Property given as security under this Plan or for any other loan may secure all amounts you owe the credit union now and In the future. However, for purposes of bans made under this LOANLINER Agreement, the credit union specifically wabns any security Interest it may have in your dwellings given through any other mortgages or security agreements. DEFAULT - You will be in default if you do not main a payment of the amount required when it Is due. You will be in default If you break any promise you made under this Plan at it anyone Is in default under any security agreement made in connection with an advance under this Plan. You will be In d*l" if you die, rife for bankruptcy, become insolvent, have your PSECU account garnished, if you make any (also or misleading statements in any credit application of update of credit information, or if something happens which the credit union believes may substantially reduce your ability to repay what you owe. In the case of bans not conforming to policy, the credit union reserves the right to charge the highest signature subaccounl interest rate currently in effect of PSECU or may require payment in full. When you are in default the credit union can demand immediate payment of the entire unpaid balance under this plan without giving you edvarice notice. If immediate psyrnenl is demanded, you will continue to pay interest, at the applicable interest rates in effect under this Plan, until what you owe has been repaid. U a demand for immediate payment has been made, the shares and deposits given as security for this Plan can be applied towards what you owe. The credit union can also exercise any other rights given by law when you are In defaull. PROPERTY INSURANCE - You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose that is acceptable to the credit union. CANCELLING OR CHANGING THIS PLAN - The credit union has the fight to change the terms of this plan from time to time after: advances. ou any he advance the notice required by lawn. Any change YA aptly futyr s icable discretion of the credit union and subject to any regedre n at the sppl law. Witt also apply to unpaid balances. An increase in the daily periodic rate under a variable interest rate Is not considered a change In terms under this Plan. The credit union can cancel the entire Plan or any pan of this Plan el any time. You can cancel this Plan at any time. Your obligation to pay the unpaid bolances under the terms of this Plan continues whether you or the credit union cancel this Plan or any part of this Plan. STATEMENTS AND NOTICES - On a regular basis you will receive a statement showling an lransadions under this Plan during the period covered by the sWereaL Slaitaments and notices will be malled to you st, tie most recent address you have given the credit union In writing.' Notice to any one of you will be notice to all, JOINT ACCOUNTS -11 this is a joint account, each of you authorizes the other(s) to gel advances individually under this Plan. That means an advance can be made upon the request of only one of you and that the check can be issued to only one of you. If you give Inconsistent instructions, Ube credit union can refuse to follow your iraUuctions-4$Esch of those who sign this Plan will be individually and jointly responsible for paying the entire amount owed under this Wan. That means the credit Union can erdorce Be rights under this Won against any one of you individually or against an of you together. 7 UPDATING INFORMATION - You promise that you will promptly give the credit union written notice if you move. change your name of employment. or If any other information you provided to the credit union changes. You also agree to provide the credit union updated financial information about yourself upon request. The credit union can delay enforcing any of Its rights any number of pees withoul lasing its rights. It the law makes any term(s) of this Plan unenforceable, the other terms will remain In effect. SECURITY AGREEMENT -In this agreement an references b'credil union mean the credo union whose name appears on this agreement and anyone to whom the credit union assigns the LOANLINER Credit Agreement. All references to the advance' mean the amount In the box labeled "New 8slance.' Ali refer- ences to 'you' mean tech person who signs this agreement. THE SECURITY FOR THE LOAN - By signing this security agreement in the signature area or under the statement referring to this agreement which is on the back of the check or draft you receive for the advance, you give the credit union what Is known as a ae adly Interest In the property described in the -Security Offered' section of the voucher. The security Interest you give includes an accessions. Accessions are things which era attached to or Installed in the property now or In the future. The security Interest also includes any replace- ments for the property which you buy within 10 days of the advance of any extension*, renewals or refinancing of tin advance. It also includes sny money you receive from selling the property or from Insurance you have on the property. M the value of the property declines, you promise to give the credit union more properly is seeuilty If asked to do to. The credit union will eases to have a "curtly interest in the property described in the 'Security Offered' section of the voucher when the advance is repaid in WII. oanJlnro Crcdir Agreement and Truth In LondinG VISCiOSUre (confined) WHAT THE SECURITY INTEREST COVERS - The security interest secures the advance and any oviensions, renewals or refinancings or the advance. II atso secures any other advances you have now or receive in the future under the LOANUNER Credit Agreement and any other amounts you owe the credit union for any reason now or in the future. If the property description Is marked with two start (" ), the property will secure only the advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY - You promise that you own the property, or if this advance is to buy the property, you promise you will use the advance for that purpose. You promise that no one also has any interest or claim against the property that you have not already told the credit union about. You promise not to sell or lease the property or to use it as security for a ban with another creditor until the advance Is repaid. You promise you will allow no security interest or ben to attach to the property either by your actions or by operation of law. PROTECTING THE SECURITY INTEREST -11 your state issues a title for the property, you promise to have the credit union's security Interest shown on the tile. The credil union may have to file what is called a financing statement to protect its security interest from the claims of others. ff asked to do so, you promise to sign a financing statement. You also promise to do whatever else the credit union thinks is necessary to protect its security interest In the property. USE OF THE PROPERTY - Until the advance has been paid off, you promise you win: (1) Use the property carefully and keep it in good repair. (I) Obtain written permission from thi credit union before making major changes to the properly. (3) irdorm the wedY union In wi tktg before changing your address or the address where the property Is kept. (4) Allow the credit union to inspect the property. M Promptly notify the credit union if the property Is damaged, stolen or abused. (0) Not use the properly fa any unlawful purpose. PROPERTY INSURANCE. TAXES AND FEES - You promise b pay alt lazes and toes (like registration fees) due on lire property and to keep the property insured egslnsi loss and damage. The amount and coverage of the property insurance must be acceptable to the credit union. You may provide the property Insurance through a policy you akeady have. or through a policy you gat and pay for. You promise to make the insurance policy payable to the credit union and to deliver the policy at proof of coverage to the credit union. If you cancel your insurance and get a refund, the credit union has a right to the refund. 9 the property k bell or damaged, the credit union can use the insurance settlernant to repair the property or apply it towards what you oyes. You authorize the credit union to kdose any draft or check which may be payable to you in order for the credit union to collect arty refund or benefds due under your insuraatbe policy. n you do not pay the taxes or fees on the property when due or keep it insured, the credit union may pay these obligations, but is not required to do so. Any money the cte& union spends for taxes, less or insi ramau will be added to the This nobs contains important information about your rights and our responsi- bNides under the Fair Credit Billing Act. NOTiFYUS INCASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT- 9 you Ittlnk your abternent is wrong, or if you need more information about a Varms4ton on your statement, write us on a separate sheet at the address Raw on your statement. Write to us as soon as possible. We must hear from you no inter than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing to will not preserve your rights. in your i"er, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain. If you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay a credit card account automatically from your shah account or MoneyNandleri'Checking account, you an stop the payment on any amourd you think Is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corroded 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 coped any amount you question, or report you as delinquent. We can continue to send statements to you for the unpaid balance of the advance o.-a new advance will be made and ru will pay the interest on those amounts at the same tale you agreed to pay on the advance. If the credit union adds amounts for lazes, tees or insurance or makes a new advance to include these funds, your payments will be Increased by the amount necessary for the total amount due to be paid off in the same number of months originally soheduled. DEFAULT - You will be in default if you break any promise you make under this agreement. You will also be in default under the LOANLNER Credit Agreement. 9 you are pledging property, but have not signed the LOANLNER Credit Agreement, you will be in default if anyone is in default who has signed the LOANLNER Credit Agreement. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default, the credit union can, withoul advance notice to you, require immediate payment of what you one under the LOANLINER Credit Agreement and take possession of the property. You agree the eredil union has the right to take possessbn of the property without going to court and without giving you advance notice. I you are asked to do so by the credit union. you promise to deliver the property at a time and place the credit union chooses. The credit union will rat be responsible for any of your other property, not covered by this agreemenl, that you leave inside the property. The credit union will try to return that property to you or make b available for you to claim. After the credit union has possession of the properly, it can a" N and apply the money received to any amounts you owe the credit union. The credit union will give you notice of any public safe or the date after which a private sale will be held. The expenses of the credit union for tatting possession of and selling the property will be deducted from the money received from the safe. Those oats may include the cat of storing the property, preparing' it for sale and attomsys fees to the sadent pemnitled under state law or awar 'under subsection 5W(b) of the Bankruptcy Code. The rest of the sale money A be appalled to what you owe under the LOANLNER Credit Agreement. If you have agreed to pay the odvarice, you will also have to pay any amount That remains unpaid altar the sale money has been applied to the unpaid balance of the advance and b what you awe under this agreement. You agree to pay Interest on that amount ill the same rate as the advance until that amount has been paid. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - The of*& union can do* enforcing any of its rights under this agreement any number of times without losing the ibilfly to word" ft rights War. The credil union an enforce this agreement against your heirs or legal representatives. If the credit union changes the terms of the LOAi LINER Credit Agmemend, you agree that this agreement wait continue to protect the credit union. CONTINUED EFFECTIVENESS - tr any part of this agreement is determined by a court to be unenforceable, the rest will remain in affect. amount you question, including finance charges. snd we aA apply any unpaid amount against your credit limit. You do not hew to pay any questioned amount while we are investigating, but you are sill obligated to pay the pads of your statement that are not In question. Y If we find that we made a mistake on your statement. you will root have to pay any finance charges rotated to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, snd you will have to make up any rased payments on the questioned amount. In either case, we w7 send you a statement of the amount you owe and the date that Il Is due. If you- (ail to pay the arnourd that we think you owe, we may report you as delinquent. However, it our a plenalion does not satisfy you and you write to us i within ten days loWmq us that you stnl refuse to par wo must Will anyone we report you to that you have a question abort your statement. And, we must tell you the name of anyone we reported you to. We must ten anyone we report you to that the matter has been settled between us when it funny is. H we don't follow these rules, we cant collect the first SSO of the questioned amount, even if your statgmtent was cotrecl. 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 roc have tried in good pith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. Where Ore two limitations on this right: (a) You must have made the purchase In your home state, within 400 miles of your currant mailing address: and (b) The purchase price must have been more than $50. These nmitationa do not apply if we own or operate the merchant, or n we matter you the advertisement for the property or services. In [his 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. RESPONSIBILITY - If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions If you so request and return all cards. Your obligation to pay Me account balance continues even though an agreement. divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you wig imme"tey call the credit union at (717) 2344461 or (800) 237-7328. After hours call (800) 556-5678. UABtUTY FOR UNAUTHORIZED USE -You understand that your total liability to the credit union shall not exceed $W for any card transactions resulting 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.dsed to make electronic fund transfers. CREDIT LINE - If we approve your application, we will establish a self-replenish- Ing tine of Credit fat you and notify you of its amount when we issue the card. You agree nol to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credo tine only by written application to us, which mutt be approved by our credit committee or loan officer. By giving you written notice we may reduce your CroM Line (torn Nme Io 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 creditworthi- ness. You may also terminate this Agreement at any tine, but termination by tither of us does not affect your obligation to pay the account balance. The cards remain our property and you must recover and surrender to us all cards upon our recge and upon termination of this agreement. CREDIT INFORMATION - You authorize us to kwasligate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose Informalion regarding your account to credit bureaus and other creditors who btquire of us about your credit standing. 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. Vie remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any•olher bitted fees, and the Minimum Payment required. Every month you must pay at testd the M lnimum Payment within 25 days of your suit closing date. By separate agreemernl you may authorize us to charge the minimum payment automelically to your share or MilitaVHandillidChecking account with us. You may. of course, pay more frequently, pay mom than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the nnance charge by doing so. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the nerd even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total New Balance exceeds your Credit line. you must Immediately pay the excess upon our demand. We will apply your payments first to the Finance Charge on both purchases and cash advances, then to any billed fees. then to the principal balance of purchases In the order they were posted to your account and then to the principal balance of cash advances. FINANCE CHARGES - You can avoid Finance Charge on purchases by paying the lull amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, slid the subsequent purchases from the date they are posted to your account. will be subject to France Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Monthly Perk x* Finance Charge, Monthly Periodic Rate and Annual Percentage Rafe. The Finance Charge is the Monthly Periodic Finance Charge. The Monthly Periodic Finance Charge for each billing cycle will be calculated by multiplying the Average Adjusted Salem* (see explanation below) for your Account for the billing cycle by the Monthly Periodic Rate as disclosed on the Addendum. Calculation of the Average Adjusted Daily Balance. We calculate your Average Adjusted Daily Balance (the balance which is subject to the Monthly Periodic Rate) as follows: The Average Adjusted Daily Balance for your account for the billing cycle is the average of the adjusted daily balances for each day of the billing cycle. To calculate the Adjusted Daily Balance 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 the amounts post to your account, we add the amounts of all debits and subtract the amounts of all payments and credits which post to your account that day, Payments are applied first to any Late Charges, then to any Overtimit Charge, then to any unpaid Finance Charge for previous billing cycles, Annual Fee, than to the Cash Advance balance, and then to the balance of your Account. Credits are applied first to the particular type of debt which is being credited, if any, and then to the balance of your account. After applying payments and credits, we subtract any amount of Finance Charge, Late Charge, Overlimil Charge and Annual Fee that remains unpaid. Then we also subtract the amount of any Cash Advance transaction that posts to your account on that day or on any previous day on the same billing cycle. The result is the Adjusted Daily Balance for that day. We add together all the Adjusted Daily Balances for each day in the billing cycle and divide the total by the number of days in the billing cycle. The result Is the Average Adjusted Daily Balance for that billing cycle. Note that cash advance transactions which are posteato your Account during a billing cycle are not included in the Average Adjusted Daily Safenee for that cycle, and are therefore not subject to the Monthly Periodic Rate during that cycle. However, they are included In the New Balance shown on the statement for that cycle, and are therefore also Included in the outstanding balance at the start of the first day of the next billing aycl8. 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 "ernent is *quill 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. DEFAULT - You will be in default if you fag to make any Minimum Payment within 25 days after your monthly statement closing date. You will also be in detautt 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 It the value of our security interest materialy declines. We have the right to demand immediate payment of your full account balance N you default, subject to our giving you any notice required by law. To the extent permitted by lave, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. USING THE CARD - To make a purchase or cash advance, there are two aMemafive procedures to be followed. One is for you to present the card to a participating VISA plan merchant, to us or another financial lasditution, 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 (PM in conjunction with the card to an Automated Teller Machine or other type of electronic terminal that provides access to the VISA system. The monthly statement will identify the merchant, electronic terminal or financial Institution at which transactions were made, but safe, cash advance, credit or other slips cannot be returned with the statement. You will retain a copy of such slips lumished at the time of the transaction in order to verity the monody statement. The credit union may make a reasonable charge for photocopies of slips you may request. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your account. If your credit and payments exceed what you owe us, we will hold and apply this credit balance against future purchases and cash advances, or if it Is one dollar or more, refund it on your written request or automatically after six months. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign countries and foreign currencies will be billed to you in U.S. dollars. The conversion rate to dollars will be 0) the wholesale market rate or (it) the government-mandated rate, whichever is applicable, in effect one day prior to the processing date, increased by one percent. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any plan merchant or financial institution to honor your card. We are subject to claims and defenses (other than tort claims) arising out of goods and services you purchase with the card only If you have made a good faith attempt, bud 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 1SA rrndit Ca:J Truth In Lending Disclosure (cor._..ued) b) your purchase cost more than $50 and was made from a plan merchant in our state or within 100 miles of your home. Any other disputes you must ssoive directly with the plan merchant. 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 this 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, N you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. MONEY ACCESS CARD CARDHOLDER AGREEMENT - In this Agreement ('t- or "we'), In consideration of The Pennsylvania State Employees Credit Union (,you- or your') Issuing to me a Money Access Card, hereby agrees to be legally bound by the following terms and conditions. ACCOUNTS AND USES OF MONEY ACCESS CARD - I have the account(s) (including MtoneyHandledChecking, Regular Shares, and Personal Service Loan (PSL)) with you set forth on my application form with this Agreement. I hereby request got you Issue to me one or more Money Access Cards to be used in connection with such accounts as described in this Agreement. I understand I may use the Money Access Cud at a Money Access Censer to (1) Withdraw Cash from, (2) make or arrange for deposits in, (3) effect transfers to or from my accounts, (4) receive information regarding the balance in my account(s) or (5) make each advances from my credit sccount(s) In the amounts I request. I may also use automated totter machines throughout the United Stales and M certain foreign countries which bear the PLUS System name and logo to (1) make withdrawals from, (2) effect transfers to or from, or (3) receive Information regarding the balances in my MoneyHandlerlChscking or Regular Shares. 1 may also make s cash advance from my Personal Service Loan If I have a PSL approved and in place. I twlher understand I may use the Money Access Card to purchase goods and services (-Purchass') at any retail establlsi billrnt (-Ma chant) where Money Access Cards are accepted by such Merchant. a 1 use the Money Access Card to make a Purchase or obtain cash. If permitted by the Merchant, I shall be requesting you to withdraw funds in the amount of such Purchase (Including any cash received from the Merchant) from my MonsyMandler/Chocking Shares and directing or ordering you to pay such funds to the Merchant. I request that you provide to use such other services or access to other ATM systems or networks using the Money Access Card which you may later make available and which you advise me are offered in connection with my account(s) set forth on my application form. I also understand that from time to lime I mayrequesl In writing Dot you provide access to additional accounts of mine through the Money Access Cad you have issued to me. 1 agree that the uses of the Motley Access Card described In this Agreement shall be subiea to the rules and regulations of each account which accessed by Such taro. USEOF PERSONAL IDENTIFICATION NUMBER (`PtW) WITH MONEY ACCESS CARD - I understand thal a Money Access Center or a PLUS System ATM is an automated leper. it can and WIN perform many of the same tasks as a human letter. I rack WA dge that the personal Identification Number or PIN which 1 use with tha Money Access Cud is my signature, identifies the bearer to the Money Access Center, PLUS System ATM, or other network ATM and authenticates and validates the directions given just as my actual signature and other proof identify me and authenticate and validate the directions to a human teller. 1 also understand that a merchant which accepts the Money Access Card for a Purchase transaction may have an electronic terminal (Me(charM-operated or self-service) which requires the use of my PIN and when my PIN is used at a Merchant's terminal, it will authenticate and validate the directions just as my actual signature will authenticate and validate my directions given to you. I acknowledge that my 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 method by which you are helping me to maintain the security of my account(s). Therefore, I AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS MY PIN. HOW TO CONTACT MONEY ACCESS SERVICE - I agree to contact the Money Access Service immediately H 1 believe the Money Access Card or PIN has been toss or stolen or that an unauthorized transfer from my account has occurred or might occur, by phoning, and by confirming such information in writing: EFFECT OF AGREEMENT - This agreement is the contract which applies to all transactions, on your account even though the sales, cash advance, credit or other slips you sign or receive may contain different forms. We may amend the Agreement from time to lime by sending you the advance written notice required by law. Your use of the card thereafter will Indicate your agreement to the amendments. To the extent the law permits, and we indicate In our notice, amendments will apply to your existing account balance as well as to future transactions. LATE PAYMENT CHARGE - If your Minimum Payment is not paid within 15 days after the Payment Me Dale, you will be subject to a single charge of 5% of the minimum scheduled payment. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement. PSECU PO. Box 67013 (717) 234-8484 in Hardaburp Harrisburg, PA. 171`06-7013 (800) 237-7328 (TTO) podomvide (717) 777--2100 (TDO) An HaMsburg (800) 472-1967 (TDO) Natbwdde Money Access Service (900) 222.2781 in Pennsytvanie (800) 923-4175 In other states CHARGES - I agree to pay the 50 cent penalty charge on any cash disbursement transaction (loan advance or share withdrawal) that Is 11IFthan SM. 1 agree to pay a 25 cent charge on each balance inquiry. I agree to pay the charges or transaction fees which are charged by you for these services or for services which may later be offered as such fees or charges may be imposed or changed from time to lime. DEPOSITS - I agree that when I make a deposit at a Money Access Center that you have the right to verify the deposit before you make the money available to me. If I deliver cash, checks or other items to a Money Access Center, I understand and acknowledge that the funds from my deposit may not be available for immediate withdrawal and that the availability of my deposit shall depend on your rules and regulations regarding the particular account in which I am making a deposit, the Hems that I am depositing and whether the deposit is made at a Money Access Center that Is owned by you or another fkandel institution. 1 also understand and acknowledge that not all Money Access; Conlon may accept deposits 1md some Money Access Centers may limit the amount of funds which may be deposited and you may not oonirol these limits. LIABIUTY - q the Money Acceaa Card Is Issued for a joint account, we agree to be jointly and severally NabM itder the terms of this Agreement and the agreement for such account. I agree that If 1 make deposits or payments to my account(s) with Mama other than cash (checks, drafts or other items) and you make funds evallable to me from such deposits prior to their collection. I agree that you may deduct the amounts of such funds from my account(s) which are not aoileel-,ad 4r, jLt 0.0m. M, 11 any amount of such funds which are not collected. AMENDMENT OF THIS AGREEMENT -1 agree that from time to time you may amend or change the terms of this Agreement Including amendments or changes to add further Money Access Card services or to amend or change the charges for these services. You may do to by notifying me In writing of such amendments or changes and my use of the Money Access Card after the effective date of any such amendment or change shall constitute my acceptance of and agreement to such amendment or change. OWNERSHIP - I agree that the Money Access Card is your property and I "it surrender it to you upon your request. 1 agree that the Money Access Card is non-transferable. MONEY ACCESS CARD DISCLOSURE STATEMENT - PSECU believes you will find using the Money Access Centers helpful and convenient. The purpose of this Disclosure Statement is. to inform you of certain rights that you have under the Electronic Funds Transfer Act. MONEY ACCESS CENTER SERVICES - You may use you Money Access Card with your Personal Identification Number (PIN) at Money Access Centers located in Delowdre, Maryland, New Jenny, New York and Eastern Pennsylvania to conduct any of the following transactions for the accounts accessed by your Money Access Card. ;citron funds Transfer MAC Agreement and Regulation -E- Disclosure (continued) (a) Determine the account balance(s) of your MoneyHandled Checking, your Regular Shares and your Personal Service Loan. (b) Withdraw cash from your MoneyHandler/Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan. (d) Deposit currency, checks, or drafts (coins are not acceptable) in amounts less than $10,000 for transmission to PSECU for deposit In your f. AoneyHandler/Checking and your Regular Shares. NOTE: Deposits may not be made in Money Access Centers located in Maryland or New York. (e) Make loan payments at PSECU's Strawberry Square Revenue or Service Center, the Capitol Complex, or t Credit Union Place Money Access Centers by enclosing cash, checks, or drafts and the payment coupon on those items that are normally accepted at the office of the Pennsylvania Stale Employees Credit Union. (f) 'from your MoneyHandier/Checking to your Regular Shares or Personal Service Loan (PSL); 'from your Regular Shares to your MoneyHandler/Checking or Personal Service Loan (PSL); 'from your Personal Service Loan (PSL) to your Moneyhlandler/ Checking or Regular Shares. We wish to inform you that some Money Access Centers located in these areas may only provide access to your Moneyltandler/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. In addition, you may use your Money Access Card with your Personal Identifica- tion Number al Money Access Centers located in New York to withdrew ash or make a cash advance or obtain the available balance from your MoneyHandler/ Checking, your Regular Shares, and your Personal Service Loan. TRINET (MAC WEST) SERVICES - You may use your Money Access Card with your Personal Identification Number at Money Access Centers located in Western Pennsylvania, Ohio and West Virginia for the services described below. These Money Access Center services are provided through Tri-State Network Association, Inc, CIMAC WEST' or'TRINET7 and its participating financial institutions. You may request any of the following transactions for the accounts accessed by your Money Access Card. (a) Determine the available balance(s) from your MoneyHandler/ Checking, your Regular Shares, and your Personal Service Loan (PSL). NOTE: MAC West only gives dally available balances (maximum daily available balance - $300). (b) Withdraw cash from your MoneyHandler/Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan. (d) Deposit currency, checks or drafts (coins are not acceptable) in amounts up to a total of $5,000 for transmission to PSECU for deposit in your MoneyHandler/Checking and your Regular Shares. (e) Payments are not accepted al MAC West ATMs. M transfer funds: • jrgrnd1er/Checking to your Regular Shares or from your Regular Shares to your MoneyHandler/Checking or Personal Service Loan (PSL); from your Personal Service Loan (PSL) to your MoneyHandler/ Checking or Regular Shares. These are the Money Access Center services currently available through MAC West. Ohs( services may be offered in the future. PLUS SYSTEM SERVICES - You may use your Money Access Card and your Personal Identification Number (PIN) at any PLUS System automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rico, Canada. Great Britain, and Japan to conduct any of the following Iransac- tions on the accounts accessed by your Money Access Card. (a) Determine the account balance(s) of your MoneyHandler/ Checking, your Regular Shares, and your Personal Service Loan (PSL). (b) Withdraw cash from your MoneyHandler/Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan (PSL). (d) Deposits are not available through PLUS System ATMs. (e) Payments are not accepted at PLUS System ATMs. M transfer funds: • from your Moneyl-landler/Checking to your Regular Shares or Personal Service Loan (PSL); • from your Regular Shares to your MoneyHandler/Checking or Personal Service Loan (PSL); from your Personal Service Loan (PSL) to your MoneyHandler/ Checking or Regular Shares. These are the Money Access Center services currently available through the PLUS System network. Other services may be offered In the future. HONOR SYSTEM SERVICES - You may use your Money Access Card with your Personal Identification Number (PIN) at any HONOR automated teller machine (HONOR ATM) located throughout Florida and other areas where there are HONOR ATMs- The following transactions may be done on the accounts accessed by your Money Access Card. (a) Determine the account balance(s) of your MoneyHandler/ Checking, your Regular Shares and your Personal Service Loan (PSL) (b) Withdraw cash from your MoneyHandler/Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan (PSL). (d) Deposits are not available through HONOR System ATMs. (e) Payments are not accepted at HONOR System ATMs. (Q transfer funds: from your MoneyHandter/Checking to your Regular Shares or Personal Service Loan (PSL); ' from your Regular Shares to your MoneyHandler/Cheeking or Personal Service Loan (PSL); from your Personal Service Loan (PSL) to your MoneyHandled Checking or Regular Shares. These are the Money Access Center services currently available through the HONOR System network. Other services may be offered in the future. OTHER ATM NETWORK ACCESS - From time to time, PSECU may make arrangements with other ATM networks to grant Ucess to Money Access Cards. PSECU shall inform you when such arrangementif are made and describe the services that are available to you. Any charges will also be described. PURCHASE TRANSACTIONS - You may use the Money Access Card to purchase goods and services ('Purchase' at any retail establishment ("Merchanl7 where Money Access Cards are accepted by such Merchant. The amount of all such Purchases will be deducted from your Moneytiandler/Checking Shares. When you make a Purchase using the Money Access Card, you will be requesting PSECU to withdraw funds from your MoneyHandler/Checking Shares in the _ amount of the Purchase and directing PSECU to pay these funds to such Merchant. NOTE When using a VISA/MAC card to purchase goods and services at any reta/t establishment, your purchases will be charged to your VISA account LIMITATIONS ON THE USE OF YOUR MONEY ACCESS CARD - You may withdraw up to $300 per day from one or a combination of your accounts by using a Money Access Card provided the funds available at a Money Access Center, PLUS System or HONOR ATM. In addition, you may withdraw up to $300 at point of sale locations. The d for withdrawal limits starts at 12 midnight each day and ends at 12 midnight IN 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 Slate Employees Credit Union is not obliged to maintain suck limitations. You wnl be dented use or your Money Access Caro N you exileed the daily withdrawaNpurchase limit, do not have adequate funds available M 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 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 your Money Access Card. The number of attempts that result in machine retention is not revealed for security purposes. CHARGES FOR TRANSACTIONS - There are no charges for PSECU Money Access Card transactions of $20 or over. A penalty charge of 50 cents will be imposed for each cash disbursement transaction (loan advance or share withdrawaq that is less than $20. PSECU does reserve the right to Impose and change a fee schedule from time to time and to charge your account In accordance with the fee schedule that will be provided to you at least twenty-one (21) days prior to the imposition or change in assessment. ADDITIONAL DEPOSIT INFORMATION - Deposits made at Money Access Centers are posted to your account(s) according to the rules and regulations of those account(s) and PSECU's funds availability policies, which are contained in our disclosure statement required under the Expedited Funds Availability Act ("EFAA'). A copy of this statement has been provided to you or is available upon request. You may not deposit any foreign currency. All deposited heirs are removed from the Money Access Center before 3 p.m. each business day. electronic Funds Transfer MAC Agreement and Regulation -E- Disclosure (conUnued) The Pennsylvania Stale Employees Credit Union reserves the right to verify the items so deposited before such funds are made available to you. However, you may withdraw against the amount deposited up to a maximum of 100 percent of the deposit or $300, whichever is less. When all of the deposited funds become available, you may withdraw against the entire amount deposited up to $300. You may deliver cash, checks, and other items at most Money Access Centers located in Pennsylvania, New Jersey and Delaware for transmission to us for deposit in your account(s). However, some Money Access Centers may not accept such items for deposit and certain other Money Access Centers may limit the amount of funds you deliver for transmission to PSECU for deposit in your accounts. You may not deliver such items at Money Access Centers located in Maryland, New York or West Virginia. It the amount of the funds contained in your deposit envelope differs by more than $1 from the amount you have indicated to the Money Access Center, PSECU will adjust your account(s) to reflect the amount received and advise you of any difference. RECORD OF TRANSACTION - You will receive a printed receipt at the time of the transaction for each Money Access Center, PLUS System. or HONOR ATM, or Purchase transaction that you make. You will receive a monthly, statement showing the status of your account(s), transactions made during the past month, and any penalties or charges PSECU may impose for such services or transactions. LIABILITY FOR UNAUTHORIZED TRANSFERS -Contact PSECU or the Honey Accou Service immediately i( you believe your Money Access Card or Personal Identification Number (Pet) has been lost or stolen. Telephoning PSECU at (717) 234-8484 in Harrisburg, (800) 237-7328 Nationwide, (717) 777-2100 (TDD) in Harrisburg, (800) 472-1967 (TDD) Nationwide during business hours or Money Access Service at (800) 222-2781 in Pennsylvania, or (800) 523-4175 in other states is the best way to keep your losses to a minimum. You could lose all your money in the account(s) if you lake no action to notify PSECU of the loss or your Money Access Card or PIN. N you notify PSECU of the loss, your liability is as follows: (a) If you contact PSECU within two business days of the loss or your discovery of the loss, you can lose no more than $50, if someone used your Money Access Card and Personal Identification Number (PIN) without your permission. (b) N you do not contact PSECU within two business days after you loam of the loss, and PSECU can prove that it could have prevented the loss If you had contacted PSECU, you could lose as much as $500 if someone used your Money Access Card and Personal Identification Number (PIN) without your permission. (c) If your monthly statement shows transactions or purchases that you did not make and you do not contact PSECU within 60 days after the statement was mailed to you, may not get back any money lost it PSECU can prove that your contacting us would have prevented those losses. Safeguard your Personal Identification Number (PIN), Do not tell or disclose your PIN to any other person. Do not write your PIN on your Money Access Card. Do no( keep a written record of your PIN near your Money Access Card. BUSINESS DAYS - PSECU's business days are Monday through Friday. Holidays are not included. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS - Telephone PSECU al (717) 234-8484, (800) 237-7328, (717) 777-2100 (TDO), (800) 472-1967 or write PSECU at: Pennsylvania State Employees Credit Union PO Box 67013 Harrisburg, Pennsylvania 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 hoar 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: (a) Your name, account number; and Money Access Card number; (b) Describe the error or the transaction you are unsure about, and explain as dearly as you can why you believe it is an error or why you need more information; and (c) The dollar amount of the suspected error, If you tell PSECU orally, you must send your complaint or question In writing within 10 business days. PSECU will tell you the results of the investigation within 10 business days for Money Access Center, PLUS System or HONOR transactions, or 20 business days for Purchase transactions after PSECU hears from you. Any error will be corrected promptly. If PSECU needs more time, it may take up to 45 days for Money Access Center, PLUS System or HONOR transactions or 90 days for Purchase transactions to investigate your complaint or question. If PSECU decides to do this, it "it recredit your account within 10 business days if it is a Money Access Center, PLUS System or HONOR transaction, or 20 business days N h is a Purchase transaction for the amount you think is in error. 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 recredtt your account. If PSECU decides there is no error, you will be advised within three business days after the investigation is completed. You may ask for copies of the documents PSECU used in the investigation. It PSECU credits your account with funds while investigating an error, you must repay those funds if PSECU concludes no error has occurred. DISCLOSURE OF ACCOUNT INFORMATION - PSECU will disclose information about your account or the transactions you make to third parties: (a) where it is necessary to complete transactions; (b) to verify the existence and standing of your account with PSECU upon the request of a third pang, such as a credit bureau; (c) to comply with government agency or court orders; (d) in accordance with your wrttlen permission; (e) to comply with government or administrative agency summonses, subpoenas or orders, cw court ordeftt, and (1) on receipt of certification from a Fedora') agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978. PSECU's LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER TRANSACTION - if PSECU fails to complete a transaction on time or in the corned amount, when properly instructed by you, PSECU will be liable for damages caused by out failure unless: (a) there are insufficient funds in your account to complete the transaction through no fault of PSECU; (b) the funds in your account are uncollected; (e) the funds in your account are subject to legal process; (d) the transaction you request would exceed the funds in your account plus any available overdraft credit; (e) the Money Access Center, PLUS System or HONOR ATM has insufficient cash to complete the transaction; (1) your card has been reported lost or stolen and you are using the reported card; (g) PSECU has reason to believe thal the transaction requested is unauth4 ' ad-, (h) the failuI due to an equipment breakdown that you lo?ew about when you started the tranwclion at the Money Access Center, PLUS System or HONOR ATM, or Merchant terminal; n the failure was caused by an ad of God, fire; or other catastrophe, or by an electrical or computer failure or by another cause beyond eonrrol; (j) i( you attempt to complete a transaction at a Honey Access Center, PLUS System or HONOR ATM, or Merchant terminal that is not a permissible transaction listed above; or (k) the transaction would exceed security limitations on the use of your Money Access Card. In any case, PSECU shall only be liable for actual proven damages it the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. VISA LOAN - PERSONAL SERVICE IRAN (PSL) INFORMATION FINANCE CHARGE: ANNUAL PERCENTAGE RATE - 1491a DAILY PERIODIC RATE .00038356 Finance charges begin to accrue upon the date each loan advance is processed. No period exists during which loan advances may be repaid without incurring a finance charge. The single daily periodic rate that we use to compute the finance charge on your entire unpaid balance is .00038356 which is an ANNUAL PERCENTAGE RATE OF 14%. We figure the finance charge on your account for any payment by applying the periodic rate to the "unpaid loan balance after the prrvious payment was made. This gives you the interest for one period (day). We then multiply the interest for one period (day) by the number of periods (days) which have elapsed since the last finance charge was applied. The balance used to compute the finance charge is the actual unpaid balance each day after credits are subtracted and new advances are added. The following chart gives examples of the finance charge when paid according to the VISA LOAN SCHEDULE: TOTAL LOAN MONTHLY LAST TOTAL OF FINANCE BALANCE PAYMEN73 PAYMENT PAYMENTS CHARGE 12,500 102 C 210 51.08 21,471.08 8,971.08 12,000 103 @ 200 165.13 20,765.13 8,765.13 11,500 100 0 195 88.18 19,588.18 81088.18 11,000 97 0 190 6.80 18,436.80 7,436.80 10,500 93 0 185 106.83 17,311.83 6,811.83 10,000 90 @ 180 12.66 16,212.66 6,212.66 9,500 91 @ 170 1.60 15,471.60 5,971.60 9,000 87 @ 165 37.86 14,392.86 5,392.86 8,500 880 155 6.68 13,646.68 5,146.68 81000 880 145 142.08 12,902.08 4,902.08 7,500 84 @ 140 80.39 11,840.39 4,340.39 7,000 800 135 10.30 10,810.30 3,810.30 6,500 750 130 63.05 9,813.05 3,313.05 6,000 70 @ 125 97.91 8,847.91 2,847.91 5,500 65 @ 120 115.76 7,915.76 2,415.76 5,000 61 @ 115 1.82 7,016.82 2,016.82 4,500 55 @ 110 101.70 6,151.70 1.651.70 4,000 54 @ 100 19.29 5,419.29 1,419.29 3,500 52 @ 90 11.05 4,691.05 1,191.05 3,000 49 @ 80 48.21 3,968.21 968.21 2,500 .46 @ 70 32.68 3,252.68 752.68 2,000 42 @ 60 27.33 2,547.33 547.33 1,500 37 0 50 6.76 1,856.76 356.76 1,000 29 @ 40 28.98 1,188.98 188.98 500 18 @ 30 19.09 599.09 59.09 VISA LOAN MINIMUM MONTHLY PAYMENT SCHEDULE LOAN LOAN LOAN WAN BALANCE PAYMENT BALANCE PAYMENT 0-500 $30.00 6001-6500 $130.00 501-1000 40.00 6501-7000 135.00 1001-1500 50.00 7001-7500 140.00 1501-MW 60.00 7501-8000 145.00 2001-2500 70.00 8001-8500 155.00 2501-3000 80.00 8501-9000 165.00 3001-3500 90.00 9001-9500 170.00 3501-4000 100.00 9501-10000 180.00 4M14500 110.00 10001=10500 185.00 4501-5000 115.00 10501-11000 190.00 5MI-5500 120.00 11001-11500 195.00 5501-6000 125.00 11501-12000 200.00 12001-12500 210.00 The following chart gives examples of the Finance Charge when paid according to the PSL SCHE DULE: TOTAL LOAN MONTHLY LAST TOTAL OF FINANCE BALANCE PAYMENTS PAYMENT PAYMENTS CHARGE 12,500 102 @ 210 51.08 21,471.08 8,971.08 10,000 90 0 180 12.66 16,212.66 6,212.66 7,500 840 140 80.39 11,840.39 4,340.39 5,000 61 0 IV 1.82 7,016.82 2,016.82 3,500- 52 0 90 11.05 4,691.05 1,191.05 2,500 46 @ 70 32.68 3,252.68 752.68 1,000 19 @ 60 38.27 1,118.21 118.27 PSL MINIMUM PAYMENT SCHEDULE LOAN BALANCE AT TIME MINIMUM PAYMENT OF LOAN ADVANCE MONTHLY BIWEEKLY $10,000.01 to $12,500.00 $210.00 1105.00 7,500.01 to 10,000.00 180.00 90.00 5,000.01 to 7,500.00 140.00 70.00 3,500.01 to 5,000.00 120.00 60.00 2,500.01 to 3,500.00 100.00 50.00 1,000.01 to 2,500.00 70.00 35.00 up to 1,000.00 60.00 30.00 FIRST PAYMENT Your first payment is due and payable 30 days from the date of loan advance. 1.1. 3190 FORM 581 w 8 n r ±z w y - i ° ,L: D(A SHERIFF'S RETURN - REGULAR CASE NO: 2007-06784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS MCMURTRIE BERTHA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCMURTRIE BERTHA the DEFENDANT at 1438:00 HOURS, on the 9th day of November , 2007 at 808 WINDSOR PLACE MECHANICSBURG, PA 17055-4385 by handing to BERTHA MCMURTRIE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge `aVAL - Sworn and Subscibed to before me this of So Answers: 18.00 11 . 5 2 _ , 00 10.00 R. Thomas Kline .00 39.52 11/13/2007 VAN ECK & VAN ECK By day Deputy She f A.D. PENNSYLVANIA STATE EMPLOYEES: CREDIT UNION, Plaintiff . VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6784 Civil Term BERTHA MCMURTRIE Defendant CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, «Sm Defendant» for want of ANSWER TO COMPLAINT. (X ) Assess damages as follows: Debt -----------------------------------------------------------------$10,500.19 Attorney's Commission ------------------------------------------- $2,125.03 Filing costs ---------------------------------------------------------- $to be determined TOTAL -------------------------------------------------------------- $12,625.22 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: -laSignature: Melissa L. Van Eck, Esquire Attorney for Plaintiff 7810 Allentown Blvd., Suite B, Hbg., PA 17112 (717) 540-5406 ID#: 85869 NOW, MnP&) 2008, JUDGMENT I ENTERED A BOVE. 41 Proth notary/ , Civil vision By: Deputy r PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA NO. 07-6784-Civil Term VS. BERTHA MCMURTRIE . Defendant CIVIL ACTION -LAW TO: BERTHA MCMURTRIE 808 Windsor Place Mechanicsburg, PA 17055-4385 DATE OF NOTICE: December 3, 2007 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 Association 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. 07-6784 Civil Term VS. BERTHA MCMURTRIE 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, Bertha McMurtrie, 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. V ECK & VAN ECK, P.C. By: Henry Van Eck, Esquire Attorney I.D. No. 83087 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Attorney for Plaintiff Sworn and subscribed to before me this Id, day of March 08 No "Public NOTARIAL SEAL MELISSA L VANECK Notary Public WEST HANOVER TWP, DAUPHIN COUNTY My Comminlon Expires Mar 22, 2011 -6 Ch ro? cD rr 52., C) --AZ7 n-x' r C.) w.. a L c -. - r r f r (,? ?• r.t? .atr ?14T Aiur;y,.4t° 783W '?M 40 PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-6781 Civil Term VS. BERTHA MCMURTRIE Defendant CIVIL ACTION -LAW TO: Bertha McMurtrie, Defendant You are hereby notified that on 3/13/og , the following (Ofdef) (wee) (Judgment) has been entered against you in the above captioned case for our failure to file an answer to the complaint. A Judgment in the total amount of $12,625.22 plus costs is hereby entered. DATE: .3 13 ?08 Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Bertha McMurtrire 808 Windsor Place Mechanicsburg, PA 17055-4385 A: Bertha McMurtrie, Defendant, Defendido/a (Defendidos/as) Por este medio se le esta notificando que el de del , el/la siguiente (8Fden) (bete) (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: Bertha McMurtrie 808 Windsor Place Mechanicsburg, PA 17055-7385 PENNSYLVANIA STATE EMPLOYEES: CREDIT UNION, Plaintiff VS. . BERTHA MCMURTRIE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6784 Civil Term 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: March 12, 2008 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 d C=' C?O co BY: Melissa L. Van Eck, Esquire Attorney I.D. No. 85569 P.O. Box 6662 Harrisburg, PA 17112 Attorney for Plaintiff (717) 540-5406 PENNSYLVANIA STATE EMPLOYEES : IN THE COURT OF COMMON PLEAS CREDIT UNION, : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff VS. NO. 2007-6784 Civil Term BERTHA MCMURTRIE . Defendant CIVIL ACTION -LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the Judgment Satisfied that was entered against the Defendant in the above captioned matter as settled. Respectfully submitted, VAN ECK & VAN ECK, P.C. Dated: ja- ' D -OC? By: ol Qi, ?& Melissa L. Van Eck, Esquire ID #85869 P.O. Box 6662 Harrisburg, PA 17112 717-540-5406 Attorney for Plaintiff Document #: 118597.1 r Y ?nom( 2 lug 0E" C 3 { pEF3 ?- E I'S p a arr?-( ousoa Q,14 a-65co(oa