HomeMy WebLinkAbout08-2263IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. DS- oM3 a;vil k'rM
CREDIT UNION,
Plaintiff
VS.
SANDRA TRAN
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 Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document 9: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff
VS.
SANDRA TRAN
Defendant : CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Nfim. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes pdginas, usted tienen que tomar acci6n dentro veinte (20) dias
despu6s 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 mds aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
SANDRA TRAN
Defendant
NO. Of- a Z/-3 C-?
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, Sandra Tran, is an adult individual with a last known address of 1713
Hummel Ave., Apt 1, Camp Hill, PA 17011-5530.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a signature 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 May 28, 2006.
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 continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of April 9, 2008, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Eight Thousand Seven Hundred Fifteen Dollars and 54/100
($8,715.54).
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 One Thousand Seven
Hundred Sixty-Eight Dollars and 11/100 ($1,768.11) 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.
Document #: 180057.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Sandra Tran, in the amount of Ten Thousand Four Hundred Eighty-Three Dollars and 65/100
($10,483.65), 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:
4aw i 14-k-
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, Gregory R. Diffenderfer, 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: L
Title: iltC s644 9 e- s
Date: 4 _a -og
EXHIBIT (W)
• 056; .
SIGNATURE LOAN ACTIVATION NOTICE
April 21, 2005
Applicant
Information: SS Applicant: SANDRA TRAN
Ref #: 450613 309 Work Telephone #:
Approval Amount: $10,000.00 Home Telephone #:
Account Number: L2958 d/
Signature: I acknowledge receipt of the PSECU?INER Disclosure and Credit Agreement and
agree. o be bound b,eterms set rth in said agreement.
Signature of SANDRA TRAN Date
SIGNATURE LOAN OPTIONS
Purpose:-
Please select one of the following Signature Loan disbursement options:
Send a ? check, or L? deposit to my Share 4 (MoneyHandler/Checking Shares)
Please select one of the following Signature Loan repayment options:
? Payroll Deduction N Automatic Transfer ? Direct Payment ? Homebanldng
? Self Service Telephone ? Coupon 4
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PSECO Pennsylvania Mate Employees Credit Union
PO. Eox 670t3 • Harrisburg, PA 17106-70f3 I 1717) 234-8484 Harrisburg, (800) 237-7328 Nanor% ide
the financial link. Loan Disclosures
This L0,ANLINER° 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.
HOW THIS PLAN WORKS - This is an open-end, multi featured credit plan. We
anticipate that, from time to time, you will borrow money (called "advances") under
the Plan. We are not required to make advances to you under the Plan and can
refuse a request for an advance at any time. The Addendum describes the
different types of credit (called "subaccounts") available under the Plan, the current
interest rate for each subaccount expressed as a daily periodic rate and
corresponding annual percentage rate and other charges. It may also have other
terms and a schedule for determining the payment amounts.
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.
REPAYMENT - You promise to repay ail amounts you owe under the Plan plus
interest. Payments are due on the last day of the month unless we set a different day
at the time of an advance. if the Addendum has no payment schedule for a
subaccount, your payment will be determined at the time of each advance.
Payments must include any amount past due and any amount by which you have
exceeded any credit limit you have been given for a subaccount. You may repay all
or part of what you owe at any time without any prepayment penalty. Even if you
prepay, you will still be required to make the regularly scheduled payments unless
we agree in writing to a change in the payment schedule. If you have a joint
sharedraft account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedraft account. Unless otherwise required by
law, payments will be applied to amounts owed under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If
we allow you to use your ATM: Debit card to access the Plan, you may be liable for the
unauthorized use of your ATM; Debit card. You will not be liable for unauthorized use
that occurs after you notify us, orally or in writing, of the loss, theft, or possible
unauthorized use. it you believe your ATM/Debit card has been lost or stolen,
j immediately inform the Credit Union by calling or writing us at the telephone number or
address that appears elsewhere in the Plan, it the card is used to obtain unauthorized
advances directly from the Plan, your liability will not exceed $50. If the unauthorized
withdrawal is from a sharedraft account, your liability is governed by the Regulation E
disclosures you received at the time you received your ATM/Debit card, even if the
withdrawal results in an advance being made from your overdraft subaccount.
FINANCE CHARGE - The dollar amount you pay for money borrowed is called a
"finance charge" and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance if you have not yet made a payment) is multiplied by the applicable daily
.periodic rate. The sum of these amounts Is the finance charge owed. The balance
used to compute the finance charge is the unpaid balance each day after payments
and credits to that balance have been subtracted and any additions to the balance
have been made. In addition to interest, we may charge other finance charges which
are disclosed on the Addendum. If the interest rate is a variable interest rate, the
Addendum explains how the variable interest rate works.
SECURITY -You pledge as secarity for the Plan all shares and dividends and, if
any, all deposits and interest in all joint and individual accounts you have with us
now and in the future. If a specific dollar amount is pledged for an advance, we will
1 freeze shares in that account to the extent of tha outstanding balance for the
advance. Otherwise, your pledged shares may be withdrawn unless you are in
default. The following paragraph applies In all states except in Ohio, Rhode
Island and Massachusetts: We have a statutory lien on the shares and dividends
and, if any, the deposits and interest in all individual and joint accounts you have with
us and may exercise our rights under the lien to the extent permitted by state law.
(Hie are state chartered if our name does not include the term "Federal Credit
Union.") For all borrowers: The statutory lien and/or your pledge will allow us
to apply the funds in your account(s) to what you owe when you are In default.
The statutory lien and your pledge do not apply to any Individual Retirement
Account or any other account that would lose special tax treatment under state or
federal law if given as security.
Additional security for the Plan may be required at the time of an advance. if a
subaccount identifies a type of property (such as "New Cars") you must give that
type of property as security when you get an advance under that subaccount..A
subaccount name such as "Other Secured" means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed under the Plan and all other loans you
have with us now or in the future, except any loan secured by your principal dwelling.
Property securing other loans you have with us may also secure the Plan.
CREDIT INSURANCE - Credit life anci;'nr 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
CI,+.A v°_72AL 6FC,P '460. 92. 84 . 28 61 ?,9 2,?o. 0!. 02. 03 N005 A..: n GN7S c =yrG
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended.
The credit insurance rates may change during the Plan. If the rates change, we will
provide any notices required by applicable law.
PERIODIC STATEMENT- On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by the statement.
Statements and notices will be sent to you at the most recent address you have
given us in writing. Unless applicable law requires notice to each joint borrower,
notice to any one of you will be notice to all.
JOINT ACCOUNTS - It this is a joint account, each of you is individually and jointly
responsible for paying all amounts owed. That means we can enforce our rights
under the Plan against any one of you individually or against all of you together. If you
give us inconsistent instructions, we can refuse to follow your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
other(s) to obtain advances individually and agrees to repay advances made to the
other(s). Any joint accountholder may terminate the Plan by giving us prior written
notice, if any of you terminate the Plan, the Plan is terminated for all of you. You
remain liable individually and jointly for all advances incurred before termination.
FEES AND CHARGES - It you give us a security interest in certain types of
property, we may charge you a filing fee to perfect our interest in the property. If we
do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other fees in connection with the Plan. Our current fees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
UPDATING CREDIT INFORMATION -You promise that you will promptly give us
written notice it you move, change your name or employment, or if any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial Information.
DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas,
Maine and South Carolina: You will be in default if you do not make a payment of
the amount required when it is due. You will also be in default if we believe the
prospect of payment, performance, or realization on any property given as security
is significantly impaired.
The following paragraph applies only to borrowers In Wisconsin: You will be in
default if you fail to make a payment when due two times during any 12 month
period. You will be in default if breaking any promise made under the Plan materially
impairs your ability to repay what you owe or materially impairs the condition, value,
or protection of or our right in any property you gave as security.
The following paragraph applies only to borrowers in Iowa: You will be in
default if you are more than 10 days late in making a payment. You will also be in
default if you do not comply with the terms of the Plan and your failure to comply
materially impairs any property you gave as security or your ability to repay what you
owe under the Plan.
The following paragraph applies to borrowers In all other states: You will be in
default if you do not make a payment of the amount required when it is due. You will
be in default if you break any promise you made under the Plan or if anyone is in
default under any security agreement made in connection with an advance under
the Plan. You will be in default if you die, file for bankruptcy, become Insolvent, H you
make any false or misleading statements in any credit application or update of credit
information, or it something happens we believe may substantially reduce your
ability to repay what you owe. You will be in default if any property you have given
us as security is repossessed by someone else, seized under a forfeiture or similar
law, or if anything else happens that significantly affects the value of the property or
our security interest in it. You will also be in default under the Plan if you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in
Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri,
Nebraska, South Carolina and West Virginia: 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 Wssconsin
and Louisiana: When you are in default, we can require immediate payment
(acceleration) of the entire unpaid balance under the Plan. You waive any right you have
to demand for payment, notice of intent to accelerate and notice of acceleration.
The following paragraphs apply to borrowers In all states except Wisconsin and
Louisiana: If immediate payment is demanded, you will continue to pay interest until
what you owe has been repaid at the applicable interest rates in effect or, d applicable,
at the default rate disclosed on the Addendum. If a demand for immediate payment
has been made, your shares and/or deposits can be applied towards what you owe
as provided in the section above called 'Security" We can also exercise any other
rights given by law when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security under the Plan, without judicial process, if this can be done without
breach of the peace If we ask, you promise to deliver the property at a time and
place we choose. If the property is a molor vehicle or boat, you agree that we may
CPstvtcl PSECU FORM 03138
JaxX0601.2 113 7-2 092 1 (3/05)
LOANLiNER' Credit and_Securily Credit Agreement (continued)
obtain a key or other device necessary to unlock and operate it, when you are in
default. We will not be responsible for any other properly, 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 for you to claim.
Ater we have possession of the property, we can sell it and apply the money to any
amounts you owe us. We will give you notice of any public disposition or the date after
wrt:ch a private disposition will be held. Our expenses for taking possession of and
seising the property will be deducted from the money received from the sale. Those
costs may include the cost of storing the property, preparing it for sale and attorney's
tees tdthe extent permitted under state law or awarded under the Bankruptcy Code.
You must pay any amount that remains unpaid after the sale money has beer. applied
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, if applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The following paragraph applies only to Wisconsin borrowers: When you are ir,
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 property given as security. 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. 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. You must pay any amount that remains
unpaid after the sale money has been applied to what you owe under the Plan. You
agree to pay interest on any unpaid amount at the same rate as the advance, or, if
applicable, at the default rate disclosed on the Addendum, until that amount is paid.
It the property is located outside Wisconsin at the time of default, we may take
possession of the property without judicial process, if permitted by the state where
the property is located.
The following paragraph applies only to Louisiana borrowers: When you are in
default, we can require immediate payment (acceleration) of the entire unpaid
balance under the Plan. You waive any right you have to demand for payment, notice
of intent to accelerate and notice of acceleration. If immediate payment is
demanded, you will continue to pay interest until what you owe has been repaid at
the applicable interest rates in effect unless a default rate is disclosed on the
j Addendum. If a demand for immediate payment has been made, the shares and
i deposits given as security for the Plan can be applied towards what you owe. We
i can also exercise arty other rights given by law when you are in default and our
rights under any security agreements you have with us.
CANCELLING OR CHANGING THE PLAN - The following paragraph applies
only to borrowers in Illinois: We have the right to change the terms of the Plan from
time to time aher giving you any advance notice required by law. Any change to the
i interest rate or other charges will apply to future advances.
The following paragraph applies only to borrowers In Wisconsin: We can
change the terms of the Plan from time to time in accordance with Section 422.415
of the 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
i continues whether you or the credit union cancel the Plan, except to the extent that
your liability is limited by Section 422.4155 of the Wisconsin Statutes.
The following paragraph applies only to borrowers in Iowa: We can change the
terms of the Plan from time to time after giving you any advance notice required by
law. A change that increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otherwise adversely affects existing
s balances will apply to existing balances only if you agree to the change or you use
the Plan after receiving notice that your use of the Plan means you agree the
change applies to existing balances.
The following paragraph applies to borrowers in alt 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 but Wisconsin borrowers: An increase in
the daily periodic rate under a variable interest rate is not considered a change in
terms under the Plan. We can cancel the entire Plan or any part of the Plan at any
time. You may cancel the Plan at any time by giving us prior written notice. Your
obligation to pay the unpaid balances under the terms of the Plan continues whether
you or the Credit Union cancel the Plan.
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 tre
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.
CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court
to be unenforceable, the rest will remain in effect.
NOTICE TO UTAH BORROWERS - This written agreemant is a final expression of
the agreement berween you and the Credit Union. Ths written agreement may not
be contradicted by evidence of any oral agreement.
Tile tulloill is required uy Vermont law - NOTICE TO CO-SIGNER - YOUR
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE
FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,
THE LFNDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
The following paragraphs apply if you give security in connection with an !
advance under the Plan. They apply to borrowers in all states except Louisiana.
Louisiana borrowers will execute a separate security agreement. Borrowers in
other states may also be asked to execute a separate security agreement.
THE SECURITY FOR THE PLAN - You give us what is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an advance ("the Advance'). The security interest you give includes all i
accessions. Accessions are things which are attached to or installed In the property ,
now or in the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling I
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.
WHAT THE SECURITY INTEREST COVERSICROSS COLLATERAL PROVISIONS
-The security interest secures the Advance described in the receipt, voucher or any
other document you receive at the time of the Advance and any extensions, renewals
or refinancings of the Advance. It also secures any other advances you have now
or receive in the future under the Plan and any other amounts or loans, !
Including any credit card loan, you owe us for any reason now or in the future, I
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.
OWNERSHIP OF THE PROPERTY - You promise that you own all property you
give as security or if the Advance is to buy the property, you promise you will use
the Advance for that purpose. You promise that no one else has any interest in or
claim against the property that you have not already told us about, You promise not
to sell or lease the property or to use it as security for a loan with 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.
PROPERTY INSURANCE, TAXES AND FEES - You must maintain property
insurance on all property that you give as security under the Plan. You may purchase
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance must be acceptable to
us. You may provide the property Insurance through a policy you already have, or
through a policy you get and pay 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 collect any refund or benefits
due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
If you do not pay the taxes or fees on the property when due or keep 4 irsured, we may
pay these obligations, but we are not required to do so. Any money we spend for taxes.
fees or insurance will be added to the unpaid balance of the advance and you will pay
interest on those amounts at the same rate you agreed to pay on the advance. We may
receive payments in connection with the insurance from a company which provides the
insurance. We may monitor our loans for the purpose of determining whether you and
other borrowers have compiled with the insurance requirements of our loan agreements
or may engage others to do so. The insurance charge added to an 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 an advance, we may increase your payments to pay the amount
added within the term of the insurance or approximate term of the advance.
INSURANCE 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 premium for this insurance may be higher because the insurance
company may have given us the right to purchase insurance after uninsured
collateral is lost or damaged. The insurance will not be liability insurance and
will not satisfy any state financial responsibility or no fault laws.
PROTECTING THE SECURITY INTEREST - It your state issues a title for the
property, you promise to have our security interest shown on the title. We may have
to file what is called a financing statement to protect our security Interest from the
claims of others. if asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property. You promise to pay all costs, including but not limited to any
attorney fees, we incur in protecting our security interest and rights In the property,
to the extent permitted by applicable law.
USE OF PROPERTY - Until the Advance nas been paid off, you promise you will:
(i) 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. (7) Not to retitle
property in another state without telling us.
NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE
- THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE.
NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail
to return a motor vehicle that is subject to a security interest, within thirty days after
you have received notice of cefauit. The notice will be mailed to the address you
gave us. It is your responsibility to notify us if your address changes. The maximum
penalty for unlawful failure to return a motor vehicle is one year in prison and or a
fine of S150,000.
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act- You are advised to read your monthly statement
and review it far any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. If you think your statement is wrong, or if you need more informaton
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error.
If you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct.
In this Agreement, the words you and your means each and all of those who apply
for the card or who signs this Agreement. Card means the Visa Credit Card and any
duplicates and renewals we issue. Account means your Visa Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY -If we issue you a card, you agree to repay all debts and the
Finance Charge arising from the use of the card and the card account. For example,
you are responsible for charges made by yourself, your spouse and minor children.
You are also responsible for charges made by anyone else to whom you give the
card, and this responsibility continues until the card is recovered. You cannot disclaim
responsibility by notifying us, but we will close the account for new transactions if you
so request and return all cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or other court judgment to which we are
not a party may direct you or one of the other persons responsible to pay the account.
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7326. After
hours call (800) 556-5678.
3. LIABILITY FOR UNAUTHORIZED USE - You agree to notify us immediately,
orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may
be liable for the unauthorized use of your Credit Card. You will not be liable for
unauthorized use that occurs after you notify us of the loss, theft, or possible
unauthorized use. You will have no liability for unauthorized purchases made with
your Credit Card, unless you are grossly negligent in the handling of your Card- In
any case, your liability will not exceed $50.
4. CREDIT LINE - If we approve your application, we will establish a self-
replenishing Line of Credit for you and notify you of its amount when we issue the
card. You agree not to let the account balance exceed this approved Credit Line. Each
payment you make on the account will restore your Credit Line by the amount of the
payment which is applied to the principal. You may request an increase in your Credit
Line only by written application to us, which must be approved by our credit committee
or loan officer. By giving you written notice we may reduce your Credit Line from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us, or our adverse reevaluation of your creditworthiness. You may also terminate this
Agreement at any time, but termination by either of us does not affect your obligation
to pay the account balance. The cards remain our property and you must recover and
surrender to us all cards upon our request and upon termination of this Agreement.
5. CREDIT INFORMATION - You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
Of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current transactions on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, the Finance Charge due to date,
and any other bifled 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 authorze 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 Now Balance in full, and you will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line balance
owed, eve will automatically past tie credit to your 51 shares.
Thu Minimum payment will be (a) 2 of your Total New Balance, rounded up to the
next even dollar, or (b) S20.00, whichever is greater. in addition, at any time your Total
New Balance exceeds your Credit Line. You must immediately pay the excess upon our
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 against your
credit limit. You do not have to pay any questioned amount while we are investigating.
but you are still obligated to pay the parts of your statement that are not in questor.
If we find that we made a mistake on your statement, you vral not have to pay any
finance charges related to any questioned amount. 0 we didn't make a rristake, 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 awe and the dale 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 ton days
telling us that you still refuse to pay, we must tell anyone vie 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 !irst S50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a credit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right: (a) You must have made the purchase in your home state or,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services,
demand. We will apply payments in the following manner: first to previous late fees,
then to previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your mount, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Daily Balance for Purchases - The Average Daily Balance for Purchase
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, vre take the following
steps: We take the outstanding balance (ail amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daily Balance for purchases.
Average Daily Balance for Cash Advances - Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subject to the
Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions
is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily
Balance for cash each day, we take the following steps: We take the outstanding balance
(all amounts you owe) at the start of the day. Then, in the sequence in which amounts
are posted to your account, we add the amounts of all debits and subtract the amounts
of all credits or payments which post to your account that day. After applying payments
and credits, we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
account on that day or in any previous day m 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 f rancc• charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the particular type of debt wh,rh is bong credited, if any. and then
to the balance of your account.
Visa` Credit Card Agreement and Truth in Lending Disclosure (continued)
Note also that it the total of the payments and credits viNch 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, vie will not apply the 10onihly 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 data, You authorize us to transfer
funds sufficient to make the minimum payment due if your Visa lean is m 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 wilt also be in default if your ability to
repay us is materially reduced by a change in your employment, an increase in your
obligations, bankruptcy or insolvency proceedings involving you, your death or your
failure to abide by this Agreement, or if the value of our security interest materially
declines. We have the right to demand immediate payment of your full account
balance if you default, subject to our giving you any notice required by law. To the
extent permitted by law, you will also be required to pay our collection expenses,
including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures to be followed. One is for you to present the card to a
participating Visa plan merchant, or another financial institution, and sign the sales
or cash advance draft which will bo imprinted with your card. The other is to complete
the transaction by using your Personal Identification Number (PIN) in conjunction
with the card in an Automated Teller Machine or other type of electronic terminal that
provides access to the Visa System. You agree that you will not use your card for any
transaction that is illegal under applicable federal, state, or local law. The monthly
statement will identify the merchant, electronic terminal or financial institution at
which transactions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement. You will retain a copy of such slips furnished at the
time of the transaction in order to verify the monthly statement. The Credit Union may
make a reasonable charge for photocopies of slips you may request.
10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit
Card, that election is subject to the existing credit limit and the agreement ft represents
and the current loan policy at the time, of the overdraft. You also understand that an
overdraft will be considered the same as a cash advance on your PSECU Visa Credit
Card and that the current Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a credit
slip which we will post to your Visa line of credit. If your credit and payments exceed
what you owe us, we wiff automatically post the excess credit balance to your Si
Shares within 75 days. If the balance is one dollar or more, upon your written request,
we will rotund the credit balance to you.
12. FOREIGN TRANSACTIONS - The exchange rate between the transaction
currency and the billing currency used for processing international transactions is a rate
selected by Visa from the range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa itself
receives, or a government-mandated rate In effect for the applicable central processing
date. In each instance, an adjustment may be assessed based on the ISA fee imposed
by Visa. This tee, which totals I% of the transaction amount, will be assessed on all
transactions where the merchant country differs from the country of the card issuer.
13. DISPUTED TRANSACTIONS - If you disagree or find an error with a Visa i
transaction, and have tried in good fa!ih is correct tie problern will) the merchant or
the charges are the result of unauthorized or fraudulent use, or your purchase cost
more than 550 and was made from a plan merchant in your state within 100 miles
of your home, contact PSECU. You are required to notify PSECU in writing within 60
days following the date on which we sent your statement wherein the error or
problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form outlining the
details of your dispute. In cases of fraudulent card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
If we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question. PSECU must adhere to
strict dispute timeframes set forth by Visa.
14. SECURITY INTEREST-To secure your account, you grant us a purchase money
security interest under the Undorm Commercial Code in any goods you purchase
through the account. If you default, we will have the right to recover any of these goads
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 onty, we will not
assert any statutory right we may have if you are in default to prevent withdrawal of your
unpledged credit union shares (Deposits) below the unpaid balance of your account.
However, if you give or have given us a specific pledge of your credit union shares
(Deposits) by signing the Pledge of Shares or otherwise, or any other security interests
for all your debts, your account will be secured by your pledged shares (Deposits) and
by the property described in those other security agreements, except for your home.
15. EFFECT OF AGREEMENT -This Agreement is the contract which applies to
all transactions on your account even though the sales, cash advance, credit or
other slips you sign or receive may contain different terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
law. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as to future transactions.
16. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the
first day of the month following your due date, you will be subject to a $20 charge.
17. RUSH FEES -You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
18. OVER LIMIT FEE -A 520 fee will be applied for each monthly statement closing date
on which the outstanding balance exceeds the assigned credit limit by more than $1oo.
19. DRAFT COPIES - You may incur an additional charge for transaction
summary/sale draft documentation.
20. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement.
21. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use
your card for any transaction that is illegal under applicable federal, state, or focal law.
22. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
23. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity.
I ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in in this Agreement shalt be subject to the rules and regulations of each account
j consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, which is accessed by such Card.
! our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the 2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD
following terms and conditions. You agree that the use of your ATM card(s) You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated
constitutes acceptance of the terms and conditions of this Agreement. You
understand that ATM is a credit-related service and you authorize PSECU to obtain teller. It can and will perform many of the same tasks as a human teller. You
a credit report on any users of this account. acknowledge that the Personal Identification Number or PIN which you use with the
1. ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including ATM CARD Is your signature, identifies the bearer of the Card to the STAR
SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authonticates and
Checking and Regular Shares), which we set forth on your application form with this validates the directions given just as your actual signature and other proof identify
Agreement. You hereby request that we issue to you one or more ATM CARD(s) to you and authenticate and validate your directions to a human teller. You also
be used in connection with such accounts as described in this Agreement. understand that a Merchant which accepts the ATM CARD for a Purchase
You understand you may use the ATM CARD at a STAR SYSTEMS) ATM to (1) transaction may have an electronic terminal (Merchant operated or Self-Service)
withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from which requires the use of your PIN and when your PIN is used at a Merchant's
your account, (4) receive information regarding the balance in your account(s) or (5) terminal, it will authenticate and validate the directions given just as your actual
make cash advances from your credit account(s) in the amounts you request.You may signature will authenticate and validate your directions given to us. You acknowledge
also use automated teller machines throughout the United States and in certain that your PIN is an identification code that is personal and confidential and that the
foreign countries which bear the PLUS SYSTEMCN name and logo (1) to make use of the PIN with the ATM CARD is a security devise for your account(s).
withdrawals from, (2) effect transfers to or from, (3) receive information regarding the Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
balances in your Checking or Regular shares. It you have a Personal Service Loan ONE ELSE LEARNS YOUR PIN.
approved and in place, you may also make a cash advance from your PSL. You further 3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS -You agree to contact us
understand you may use ire ATM CARD to purchase goods and services
'
' at once if you believe the ATM CARD(s) issued to you or PIN nos been lost or stolen
(
Purchase
) at any retail establishment (`Merchant") where ATM CARDs are or money is missing from your account(s). You also agree that if your rnoninly
I accepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain
cash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the statement shows transactions which you did not make, and you do not contact us I
s after th
within 60 da
t
te
i
d
amount of such Purchase (including any cash received from the Merchant) from your y
e s
a
ment was ma
le
to you, you may not gat any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
! Checking Shares and directing or ordering us to pay such funds to the Merchant. TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR !.
You request that we will provide to you such other services or access to other ATM BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY
systems or networks using the ATM CARD which we may later make available and THEM. You could lose all your money in the account(s) if you take no action to notify
which we advise you are offered in connection with your account(s) set forth on your PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
application form. You a!so understand that from time to time you may request in Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do I
,vritirg that we provide access to additional accounts of yours through the ATiv1 not write your PIN on your ATM CARD. Do not keep a written record of your PIN near
CARD we have issued to you. You agree that the uses of the Al M CARD described i your ATM CARD. Do not choose a PIN that is easify identifiable.
Elecfroni-q -Funds Transfer AThf Agreement and Regulation E_ Disclosure or write to us at:
(continued) Pennsylvania S
-r P.O. Box 67013
A rew card rray he orderer !or you at that nmr no a hsa w'.., be p ace on yot.
old card. After such time, it you find your old card, destroy the old card by cutting it
in half. If you attempt to use your old card, it will not work.
1 4. CHARGES - You agree to pay a 50 cent cnarge for each deposit or withdrawal
exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash j
disbursement transaction (loan advance or share withdrawal) that is less than $20. '
You agrea to pay a 25 cent charge on each balance inquiry. You may incur a charge
i for any adjustment that needs to be made to your account resulting from an error
you made while making a deposit at an Automated Teller machine (ATM). You agree
to pay the charges or transaction fees which are charged by us for these services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to verity the deposit before we make the money available
to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you
understand and adrtnowledge that the funds from your deposit may not be available
for immediate withdrawal and that the availability of your deposit shall depend on our
rules and regulations regarding the particular account in which you are making a
deposit, the items that you are depositing and whether the deposit is made at a
i STAR SYSTEMS ATM that is owned by us or another financial institution. You also
understand and acknowledge that not art STAR SYSTEMS ATMS may accept
deposits and some STAR SYSTEMS ATMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement for
such account. You agree that if you make deposits or payments to your account(s)
with items other than cash (checks, drafts or other items) and we make funds
available to you from such deposits prior to their collection, you agree that we may
deduct the amounts of such funds from your account(s) which are not collected or,
if the funds in your account(s) are insufficient at such time, you will promptly pay to
us any amount of such funds which are not collected.
; 7. AMENDMENT OF THIS AGREEMENT-You agree that from time to time we
may amend or change the terms of this agreement including amendments or
changes to add further ATM CARD services or to amend or change the charges for
these services. We may do so by notifying you in writing of such amendments or
j changes and your use of the ATM CARD after the effective date of any such
I amendment or change shall constitute your acceptance of and agreement to Such
amendment or change.
8. OWNERSHIP -You agree that the ATM CARD is our property and you will
I surrender it to us upon our request. You agree that the ATM CARD is non-
I transferable.
9. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement
informing you of your rights under the Electronic Funds Transfer AM and a copy of
this Agreement.
REGULATION "E" DISCLOSURE
i. ELECTRONIC CHECK CONVERSION/ELECTRONIC RETURNED CHECK
FEES - If you pay for something with a check or share draft, you may authorize it
i to be converted to an electronic fund transfer. You may also authorize merchants to
1 electronically debit your account for returned check fees. You are considered to have
authorized these electronic funds transfers if you complete the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
i 2, SUMMARY OF CONSUMER LIABILITY -
• ATM, ACH and SST - Tell us at once it 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
j believe your card has been lost or stolen, and you tell us within two business days
{ after you learn of the loss or theft, you can lose no more than $50 If someone used
k your card without your permission.
If you do not tell us within two business days after you learn of the loss or theft of
i your card, and we can prove we could have stopped someone from using your card
i without your permission if you had told us, you could lose as much as 5500.
i Also, if your statement shows transfers that you did not make, tell us at once. If
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have stopped someone from taking the money it you had told us in time.
If a good reason such as a long trip or a hospital stay kept you from telling us, we
will extend the time periods.
3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS -
• ATM - Contact PSECU at (800) 23?-7323 EXT 3808 (nationwide) or (717)
23-1-8484 (in Harrisburg). After hours, lotlow the menu options on PSECU's
voice mail system to report a lost or stolen card. For Osa Credit or Debit
Cards, ;bfio,v me directions for Lost Ciro Not Tcation under the Visa Credit
Card Agreement and Trutrt-in-Lencing Disclosures section of rhrs document. _
• ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717)
234-B484 (m Harrisburg)
late Employees Credit Union
Harrisburg, PA 17106-7013
PSECU Business Hours:
8:00 a.m. - 5:00 p.m. ivt - F
TDD (800) 472.1967 Nationwide
(717) 777-2100 in Harrisburg
4. FINANCIAL INSTITUTION'S BUSINESS DAYS -
• ATM, ACH and SST - PSECU's Business Days are Monday through Friday,
Holidays not included.
5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE -
• ATM - Balance inquiries on checking, savings and PSL; withdrawals from
checking/savings; cash advance from PSL; deposits to checking/savings;
purchase goods and services at any accepting retail establishment.
• ACH - Preaurnorized debits and credits to checking and savings.
• SST - Balance inquiries and transaction histories on all share, certificate and
loan accounts; transfers from any share to another share or loan account from
your PSL to any share or loan account; withdrawals from any share except
IRA shares or certificates.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
• ATM - Fifty cents for each disbursement (cash advance or withdrawal) less
than $20; fifty cents for each transaction over 15 per month; 25 cent for each
balance Inquiry; and there may be an additional charge for any adjustment
that needs to be made to the account of any member who makes an error
while depositing at an Automated Teller machine (ATM).
• ACH - $30 service charge for insufficient funds for each electronic transfer,
• SST - none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFTS -
• ATM - You are entitled to receive a printed receipt at the time of each
transaction. You will 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.
8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS -
• ATM and SST - Not applicable.
• ACH - Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop
any of these payments. Here's how: Call us at (800) 237-7326 (Nationwide)
or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees
Credit Union, P.Q. 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 Varying Amounts. If these regular payments may vary in amount,
the person you are going to pay will tell you, 10 days before each payment,
when it will be made and how much it will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would fall outside certain
limits that you set.
• Liability for Failure to Stop Payment of Preauthorized Transfers. If you
order us to stop one of these payments three business days or more before
the transfer is scheduled, and we do not do so, we will be liable for your losses
or damages, unless we request and do not receive written confirmation of an
oral stop payment within 14 days and the transfer takes place after 14 days,
or you fail to give us proper instructions that would enable us to place the stop
on the transfer.
9, SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAIN TRANSFERS -
• ATM - if PSECU fails to complete a transaction on time or in the correct
amount, when property instructed by you, PSECU will be liable for damages
caused by our failure unless. (1) there are insufficient funds in your account to
complete the transfer; (2) the funds in your account are uncollected: (3) the
funds are subject to legal process; (4) the transaction you request would exceed
the funds in your account plus any available overdraft protection; (5) the STAR
Systems, PLUS system has insufficient cash to complete the transaction; (6)
your card has been reported lost or stolen and you are using the reported card;
(7) PSECU has reason to believe that the transaction requested is
unauthorized; (8) the failure s due to an equipment breakdown that you know
about when you started the transaction at the STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control, (10) if you attempt to complete a transaction that,
at a STAR Systems, PLUS System, or merchant terminal that is not a
Efectronic_Fgrids..Transfer, ATM Agropirpenf and Reguh1tign... E" Disclosure
(continued)
permissible transaction listed above; or, (11) the t:mnsaction wouid exceed the
Security IirnltationS on the use of your ATM CARD. I
• ACH and SST - if PSECU fails to complete a transaction on time or in the
correct amount, when property instructed by you, PSECU wd 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
ugcollected; (3) the funds are subject to legal process; (4) the transaction you
request would exceed the funds in your account plus any available overdraft
credit; (5) PSECU has reason to believe that the transaction requested is
unauthorized; (6) the failure was caused by an act of God, fire, or other
catastrophe, or by another cause beyond control. In any case, PSECU shall
be liable only for actual proven and not consequential damages if the failure
to make the transaction resulted from a Kona fide error despite PSECU's
procedures to avoid such errors
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will disclose information about your account to
third parties: (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; Regulation P, Privacy of Consumer Financial Information;
and (7) when it is necessary to take legal action to recover shares.
11. STAR SYSTEMS SERVICES -
• ATM Only -You may use your ATM CARD with your Personal Identification
Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New
Jersey and Pennsylvania to conduct any of the following transactions for the
accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking your Regular
Shares, and your Personal Service Loan (PSL),
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
d) Deposit currency, checks, or drafts (coins are not acceptable) for
transmission to 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 ATMs located in these areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not all ATMs may accept deposits. There may also be limits on the amount of
funds which you may deposit in certain ATMs.
12, PLUS SYSTEM' SERVICES -
• ATM Only -You may use your ATM CARD with your Personal Identification
Number (PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico,
Canada, Great Britain and Japan to conduct any of the following transactions on
the accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking, Your Regular
Shares, and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the STAR SYSTEMS services currently available through the PLUS
SYSTEM network. Other services may be offered in the future.
13. OTHER ATM NETWORK ACCESS -
• ATM Only - From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM CARDs. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also be described-
14. PURCHASE TRANSACTIONS -
• ATM Only - You may use the ATM CARD to purchase goods and services
("Purchase") at any retail establishment ("Merchant") where ATM CARDS are
accepted by such Merchant. The amount of all such Purchases will be
deducted from your Checking. When you make a Purchase using the ATM
CARD, you will be requesting PSECU to withdraw funds from your Checking
in the amount of the Purcnase and directing PSECU to pay these funds to
such Merchant.
15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
• ATM Only -You may withdraw up to $500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMs or PLUS SYSTEM ATM. In addition, you may
withdraw'purchase up to $500 at point of Sale locations. PSECU reserves the
rnSinl !0 reeuca this Gaily Ii n.t at any tire. In !hc event that your daily imt :s
less than $500, PSECU -riil advise ycu o' the ew I mdatior. Thr= any 'or
withdrawal limits starts at 12 midnight Bach day and en<IS nt 12 r, ,.inlgh:Ira
next day. For security purposes, there are also certain daiiy Iim,tat,ons on the
frequency of use of the ATM CARD. Hov.over, these lirn'tatiors are not
revealed for security reasons. The Pennsy!vania State Employees Credit
Union is not obliged to maintain such limitations.
You will be denied use of your ATM CARD if you exceed the daily
withdrawal/purchase limit, if you do not have adequate funds available in your
account, do not enter the correct Personal Identification Number (PIN), or
exceed the frequency of usage limitation. The receipt provided by the STAR
SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will notify you of the
denial. There is a limit on the number of such denials permitted. Attempts to
exceed the limit will result in machine retention of our ATM CARD. The number
of attempts that result in machine retention is not revealed for security purposes.
16. ERROR RESOLUTION PROCEDURES -
• ATM, ACH and SST - In case of errors or questions about your transactions:
Direct inquiries to PSECU at (800) 237-7328 Nationwide, TDD (800) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 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 frorn 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
ATM CARD number (if a ATM transaction), or reference number (if Self-
Service Telephone Transaction); (b) Describe the error or the transaction you
are unsure about, and explain as 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 uniting
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for
STAR SYSTEMS purchase transactions. If we need more time, however; we may
take up to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for
STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will
recredit your account within 10 business days for the amount you think is in error
if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or
DIRECT DEBIT/CREDIT transaction, or 20 business days if it is a STAR
SYSTEMS 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. It PSECU decides there is no error, you will be advised
within three business days after the investigation is completed. You may ask for
copies of the documents PSECU used in the investigation. If PSECU credits
your account while investigating, you must repay those funds if PSECU
concludes no error has occurred.
17. ATM SURCHARGE - if you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used in processing the transaction (and you may be charged a fee for a balance
inquiry even if you do not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to complete the transaction.
Notice To Consumers Using ATM's
• Be alert to your surroundings. It you doubt the safety of a particular location,
choose another ATM.
• If the ATM has an entry door, close the door prior to Wtaiing 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 AGAINSTTHE SELLER OF
GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-02263 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE EMPLOYEES
VS
TRAN SANDRA
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
TRAN SANDRA but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT
1713 HUMMEL AVENUE APT 1
CAMP HILL, PA 17011-5530
TRAN SANDRA
NOT FOUND , as to
PER POST OFFICE, DEFENDANT MOVED AND LEFT
NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing 18.00
Service 30.00
Not Found 5.00
Surcharge 10.00
.00
63.00
So answee..--
R. Thomas Kline
Sheriff of Cumberland County
VAN ECK & VAN ECK
05/08/2008
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS. .
SANDRA TRAN
Defendant
NO. DS - aQ(o3 0'i\A_1Wer*A
CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
1'*bJ'L COPY FROM RECORD
in Teshmony whereof, there uMo set my hand
d ale a" of said at Wisle, Pa.
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff .
VS.
SANDRA TRAN
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
despu6s que esta Demands 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 mss aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
SANDRA TRAN
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, Sandra Tran, is an adult individual with a last known address of 1713
Hummel Ave., Apt 1, Camp Hill, PA 17011-5530.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a signature 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 May 28, 2006.
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 continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of April 9, 2008, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Eight Thousand Seven Hundred Fifteen Dollars and 54/100
($8,715.54).
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 One Thousand Seven
Hundred Sixty-Eight Dollars and 11/100 ($1,768.11) 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.
Document #: 180057.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Sandra Tran, in the amount of Ten Thousand Four Hundred Eighty-Three Dollars and 65/100
($10,483.65), 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, Gregory R. Diffenderfer, 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
By: i_
A?--
Title: IL h Q 44,a!Q e- s`..
Date: ? -a ~OV
Os6i
SIGNATURE LOAN ACTIVATION NOTICE
April 21, 2005
Applicant
Information: SS #: Applicant: SANDRA TRAN
Ref #: 450613 309 Work Telephone M
Approval Amount: $10,000.00 Home Telephone #:
Account Number. 12958
Signature: I acknowledge receipt of the PSECU LQANLRM Disclosure an¢ Credit Agreement and
agree, be bound bt*&terms set?fith in said agreement.
Signature of SANDRA TRAN D to
SIGNATURE LOAN OPTIONS
Purpose--
Please select one of the following Signature Loan disbursement options:
Send a ? check, or I? deposit to my Share 4 (MoneyHandler/Checking Shares)
Please select one of the following Signature Loan repayment options:
? Payroll Deduction 1°l Automatic Transfer ? Direct Payment ? Homebanldng
? Self Service Telephone ? Coupon 4 "?
?
djxQ- 6cs, (34
PSE00
8T. 8QQARE
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SCANNER
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Pennsylvania State Employees Credit Union
P0. Sox 67013 • Harrisburg, PA x7106-7013 t (717) 234.8484 Harrisburg, (80U) 237-7328 Nation.vide
PSECi#
ttefrnanciallinka Loan Disclosures
! This LOANLINEW 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.
HOW THIS PLAN WORKS - This is an open-end, mufti-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
I different types of credit (called "subaccountsl available under the Plan, the current
interest rate for each subaccount expressed as a daily periodic rate and
j corresponding annual percentage rate and other charges. It may also have other
f terms and a schedule for determining the payment amounts.
CREDIT LIb11T - We may, but do not have to, establish a credit limit on certain
subaccounts. If a credit limit is sat for a subaccount, you promise not to exceed the
t established credit limit. If you exceed the credit limit, you promise to repay
I immedlately the amount which exceeds the credit limit.
i REPAYMENT - You promise to repay all amounts you owe under the Plan plus
j interest. Payments are due on the last day of the month unless we set a different day
at the time of an advance. If the Addendum has no payment schedule for a
subaccount, your payment will be determined at the time of each advance.
( Payments must include any amount past due and any amount by which you have
exceeded any credit limit you have been given for a subaccount. You may repay all
j or part of what you owe at any time without any prepayment penalty. Even if you
prepay, you will stiff be required to make the regularly scheduled payments unless
I we agree in writing to a change in the payment schedule. If you have a joint
sharedraft account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedraft account. Unless otherwise required by
j law, payments will be applied to amounts owed under the Plan, In the manner the
i Credit Union chooses.
t PLAN ACCESS -You can obtain credit advances in any manner authorized by us. if
we allow you to use your ATM/ Debit card to access the Plan, you may be liable for the
unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use
that occurs after you notify us, orally or in writing, of the loss, theft, or possible
unauthorized use. If you believe your ATM/Debit card has been lost or stolen,
immediately inform the Credit Union by calling or writing us at the telephone number or
address that appears elsewhere in the Plan. If the card is used to obtain unauthorized
j advances directly from the Phan, your liability will not exceed $50. If the unauthorized
withdrawal is from a sharedraft account, your lability is governed by the Regulation E
disclosures you received at the time you received your ATM/Debit card, evert ff the
withdrawal results in an advance being made from your overdraft subaccount.
FINANCE CHARGE - The dollar amount you pay for money borrowed is called a
'finance charge" and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance if you have not yet made a payment) is multiplied by the applicable daily
.periodic rate. The sum of these amounts Is the finance charge owed. The balance
used to compute the finance charge Is the unpaid balance each day after payments
and credits to that balance have been subtracted and any additions to the balance
have been made. In addition to interest, we may charge other finance charges which
M are disclosed on the Addendum. If the Interest rate is a variable interest rate, the
Addendum explains how the variable interest rate works.
I SECURITY - You pledge as security for the Plan all shares and dividends and, it
ally, all deposits and interest in all joint and individual accounts you have with us
now and in the future. If a speck dollar amount is pledged for an advance, we will
freeze shares in that account to the extent of the outstanding balance for the
advance. Otherwise, you pledged shares may be withdrawn unless you are in
f default. The following paragraph applies In all states except in Ohio, Rhode
Island and Massachusetts: We have a statutory lien on the shares and dividends
and, if any, the deposits and interest in all individual and joint accounts you have with
us and may exercise our rights under the lien to the extent permitted by state law.
(We are state chartered if our name does not include the term "Federal Credit
i Union.") For all borrowers: The statutory ffen and/or your pledge will allow us
to apply the funds in your account(s) to what you owe when you are In default.
j The statutory lien and your pledge do not apply to any individual Retirement
Account or any other account that would lose special tax treatment under state or
federal law if given as security.
Additional security for the Plan may be required at the time of an advance. If a
{ subaccount identifies a type of property (such as "New Cars") you must give that
type of property as security when you get an advance under that subaccount. A
subaccount name such as `Other Secured" means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed under the Plan and all other loans you
have with us now or in the future, except any loan secured by your principal dwelling.
Property securing other loans you have with us may also secure the Plan.
{ CREDIT INSURANCE - Credit life and/or credit disability insurance is opt;onal
under the Plan. If you qualify for and purchase the insurance from us, you authorize {
{ us to add the insurance premiums montnly to your loan balance and charge you I
I
i -t C;;r.A AILTi2AL GPCUP 1980. N. 84. c& 89 93. 99. 2Cr;0 G!, G2. 03 04. 05 Alt :. GHIS nESE'n7E
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended.
The credit insurance rates may change during the Plan. If the rates change, we will
provide any notices required by applicable law.
PERIODIC STATEMENT-On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by the statement.
Statements and notices will be sent to you at the most recent address you have
given us in writing. Unless applicable law requires notice to each joint borrower,
notice to any one of you will be notice to all.
JOINT ACCOUNTS - if this is a joint account, each of you Is individually and jointly
responsible for paying all amounts owed. That means we can enforce our rights
under the Plan against any one of you individually or against as of you together. lt you
I 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
J other(s) to obtain advances individually and agrees to repay advances made to the
1 other(s). Any joint accountholder may terminate the Plan by giving us prior written
notice. If any of you terminate the Plan, the Plan is terminated for all of you. You
remain liable individually and jointly for all advances incurred before termination.
FEES AND CHARGES - It you give us a security interest in certain types of
property, we may charge you a filing fee to perfect our interest In the property. If we
do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other fees in connection with the Plan. Our current tees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
UPDATING CREDIT INFORMATION -You promise that you will promptly give us
written notice It you move, change your name or employment, or 0 any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial Information.
DEFAULT - The following paragraph applies to borrowers In Idaho, Kansas,
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 will also be in default if we believe the
prospect of payment, performance, or realization on any property given as security
is significantly impaired.
The following paragraph applies only to borrowers In Wisconsin: You will be in
default if you tail to make a payment when due two times during any 12 month
period. You will be in default it breaking any promise made under the Plan materially
impairs your ability to repay what you owe or materially impairs the condition, value,
or protection of or our right In any property you gave as security.
The following paragraph applies only to borrowers In lows: You will be in
default if you are more than 10 days late in making a payment. You will also be in
default if you do not comply with the terms of the Plan and your failure to comply
materially impairs any property you gave as security or your ability to repay what you
owe under the Plan.
The following paragraph applies to borrowers In all other states: You will be in
default if you do not make a payment of the amount required when It is due. You will
be In default if you break any promise you made under the Plan or K 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 frtsofvent If you
make any false or misleading statements in any credit application or update of credit
information, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will be in default if any property you have given
us as security is repossessed by someone else, seized under a forfeiture or similar
law, or if anything else happens that significantly affects the value of the property or
our security interest in A. You will also be in default under the Plan it you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in
Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri,
Nebraska, South Carolina and West Virginia: 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 j
giving you advance notice.
The following paragraph applies to borrowers In all other states except Wisconsin iII
and Louisiana: When you are in default, we can require immediate payment I
(acceleration) of the entire unpaid balance under the Plan. You waive any right you have
to demand for payment, notice of intent to accelerate and notice of acceleration.
The following paragraphs apply to borrowers In all states except Wisconsin and
Louisiana: if immediate payment is demanded, you will continue to pay Interest until
what you owe has been repaid at the applicable interest rates in effect or, if applicable,
at the default rate disclosed on the Addendum. If a demand for immediate payment
has been made, your shares an&or deposits can be applied towards what you owe
as provided in the section above called `Security' We can also exercise any other
rights given by law when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security under the Plan, without jt:dlcfat process, it this can be done without
breach of the peace. If we ask, you promise to deliver the property at a time and
place we choose. If the property is a motor vehicle or boat, you agree that we may
CPsk1Qt PSECU FORM r3i48
JSXX0601-2 037-2092.1 (3105)
LOANLINER' Credit and _Security Credit Agreement (continued) The following paragraphs apply if you give security In connection with an
obtain a key or other device necessary to unlock and operate it, when you are in
default. We will not be responsible for any other property, rot covered by this advance under the Plan.They apply to borrowers in all states except Louisiana.
Louisiana borrowers will execute a separate security agreement. Borrowers in
Agreement, that you leave inside the property or that is attached to the property. We other states may also be asked to execute a separate security agreement.
will try to return that property to you or make it available for you to claim. THE SECURITY FOR THE PLAN - You give us what is known as a security
Atter we have possession of the property, we can sell it and apply the rroney to any interest in all property described in any receipt, voucher or other document you
amounts you owe us. We will give you notice of any public disposition or the date after
wnich a private disposition will be held. Our expenses for taking possession of and receive for an advance ("the Advance"). The security interest you give includes all
accessions. Accessions are chinas which are attached to or installed in the property
seffing the property will be deducted from the money received from the sale. Those now or in the future. The security interest also includes any replacements for the
costs may include the cost of storing the property, preparing it for sale and attorney's
fees tdthe extent permitted under state law or awarded under the Bankruptcy Code. property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling
You must pay any amount that remains unpaid after the sale money has beer applied 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 it asked to do so.
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, if applicable, at the default rate disclosed on the
WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS
Addendum, unlit that amount has been paid, The security interest secures the Advance described in the receipt, voucher or any
I
t The following paragraph applies only to Wisconsin borrowers: When you are in other document you receive at the time of the Advance and any extensions, renewals
or refinancings of the Advance. It also secures any other advances you have now
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 or receive In the future under the Plan and any other amounts or loans,
Plan and seek possession of property given as security. You may voluntarily give the
j 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
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 goods as defined by the Federal Trade Commission Credit Practices Rule, the
incurred in disposing of the property. If the property is a motor vehicle, mobile home, property will secure only the Advance and not other amounts you owe.
trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted OWNERSHIP OF THE PROPERTY - You promise that you own all property you
by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains give as security or if the Advance is to buy the property, you promise you will use
unpaid after the sale money has been applied to what you owe under the plan. You the Advance for that purpose. You promise that no one else has any interest in or
agree to pay interest on any unpaid amount at the same rate as the advance, or, if claim against the property that you have not already tofd us about. You promise not
applicable, at the default rate disclosed on the Addendum, until that amount is paid. to sell or tease the property or to use it as security for a loan with another creditor
It the property is located outside Wisconsin at the time of default, we may take until the Advance is repaid. You promise you will allow no other security interest or
hen to attach to the property either by your actions or by operation of law.
possession of the property without judicial process, if permitted by the state where
the property is located. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property
The following paragraph applies only to Louisiana borrowers: When you are in
default, we can require immediate payment (acceleration) of the entire unpaid insurance on aft property that you give as security under the Plan. You may purchase
the property insurance from anyone you choose who is acceptable to the Credit
balance under the Plan. You waive any right you have to demand for payment, notice
of Intent to accelerate and notice of acceleration. If immediate payment is 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
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 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.
Addendum. H a demand for immediate payment has been made, the shares and If you cancel your Insurance and get a refund, we have a right to the refund. If the
deposits given as security for the Plan can be applied towards what you owe. We property Is lost or damaged, we can use the insurance settlement to repair the
can also exercise any other rights given by law when you are in default and our property or apply it towards what you owe. You authorize us to endorse any draft or
rights under any security agreements you have with us. check which may be payable to you to order for us to collect any refund or benefits
CANCELLING OR CHANGING THE PLAN - The following paragraph applies due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property
wily to borrowan In Illinois: We have the right to change the terms of the Plan from .
time to time after giving you any advance notice required by law. Any change to the If you do not pay the taxes or fees on the property when due or keep ff insured, we may
interest rate or other charges will apply to future advances, pay these obligations, but we are not required to do so. Any
money we spend for texas,
The following paragraph applies only to borrowers in Wisconsin: We can lees or insurance will be added to the
unpaid balance of the advance and you wit pay
change the terms of the Plan from time to time in accordance with Section 422.415 interest on those amounts at the same rate you agreed to pay on the advance. We may
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 receive payments in connection with the insurance from a company which provides the
insurance. We may monitor our loans for the purpose of determining whether you and
change in terms under the Plan. We can cancel the entire Plan or any part of the other borrowers have compiled with the insurance requirements of our loan agreements
Plan at any time. You may cancel the Plan at any time by giving us prior written or may engage others to do so. The insurance charge added to an advance may include
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 (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
your liability is limited by Section 422.4155 of the Wisconsin Statutes. unpaid balance of an advance, we may increase your payments to pay the amount
The following paragraph applies only to borrowers In town: We can change the
rm
f th
t
Pl
f
ti
ft
i
i
ti
b added within the term of the insurance or approximate term of the advance.
INSURANCE NOTICE - It you do not purchase the re
uired
ro
ert
insurance
e
s o
rom
er g
e
an
me to
me a
v
ng you any advance notice required
y
law. A change that increases the rate of finance charge or other charge, that q
p
p
y
,
the insurance we may purchase and charge you for wilt cover only our interest in the
increases the amount of your payments, or that otherwise adversely affects existing Property. The premium for this insurance may be higher because the insurance
balances will apply to existing balances only if you agree to the change or you use company may have given us the right to purchase insurance after uninsured
the Plan after receiving notice that your use of the Plan means you agree the collateral Is lost or damaged. The Insurance will not be liability insurance and
change applies to existing balances. will not satisfy any state financial responsibility or no fault laws.
The following paragraph applies to borrowers In all other states: We have the PROTECTING THE SECURITY INTEREST - if your state issues a title for the
right to change the terms of the Plan from time to time after giving you any advance property, you promise to have our security interest shown on the title. We may have
notice required by law. Any change in the interest rate will apply to future advances, to file what is called a financing statement to protect our security interest from the
and at our discretion and subject to any requirements of applicable law, will also claims of others. 11 asked to do so, you promise to sign a financing statement. You
apply to unpaid balances. also promise to do whatever else we think is necessary to protect our security
The following paragraph applies to all but Wisconsin borrowers: An increase in interest in the property. You promise to pay all costs, including but not limited to any
attorney fees, we incur in protecting our security interest and rights in the property
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 ,
to the extent permitted by applicable law.
time. You may cancel the Plan at any time by giving us prior written notice. Your USE OF PROPERTY - Until the Advance has been paid off, you promise you will:
obligation to pay the unpaid balances under the terms of the Plan continues whether (1) Use the property carefully and keep it in good repair. (2) Obtain our written
you or the Credit Union cancel the Plan. permission before making major changes to the property or changing the address
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay where the property is kept. (3) Inform us in writing before changing your address.
(4)
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 Allow us to inspect the property. (5) Promptly notify us if the property is damaged,
stolen or abused. (6) Not use the property tot any unlawful purpose. (7) Not to retitle
legal representatives. If we change the terms of the Plan, you agree that this Plan properly in another state without telling us.
will continue to protect us. ' NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE
CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court ; -' THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO
to be unenforceable, the rest will remain in effect, i REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
NOTICE TO UTAH BORROWERS -This written agreement is a final expression of ? AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE
YOU MAY HAVE TO PAY THE DIFFERENCE
the agreement between you and the Credit Union. This written agreement may not I
be contradicted by evidence of any oral agreement. ! ,
.
NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail
The tollawing is required by yerniont law - NOTICE TO CO-SIGNER - YOUR
to turn motor vehicle is subect to a ou haveareceived notice oft default. The notice will interest,
y
mailed( oc the( address you
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE
I gave us. It is your responsibility to notity us if your address changes. The maximum
FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,
' penalty for unlawful failure to return a motor vehicle is one year in prison and 'or a
fine of S150
000
THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. . 1
,
.....__. .__.___-___-__._..__..__..- _J
This notice contains important information about your rights and our responsibilities
under the Fair Credit Bitting Act. You are advised to read your monthly statement
and review it for any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. It you think your statement is wrong, or if you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
fist appeared regarding any discrepancy or unauthorized transactions on your
aceou t. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error.
If you need more information, describe the item you are not sure about.
it you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment Is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE • We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct.
In this Agreement, the words you and your means each and all of those who apply
for the card or who signs this Agreement. Card means the Visa Credit Card and any
duplicates and renewals we issue. Account means your Visa Credit Card Una of
Credit account with us. We, us, and curs means this Credit Union.
1. RESPONSIBILITY -It 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
respor ibiBty by notifying us, but we will close the account for new transactions if you
so request and return all cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or other court judgment to which we are
not a party may direct you or one of the other persons responsible to pay the account.
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will Immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After
hours call (800) 5513-5878.
3. LIABILITY FOR UNAUTHORIZED USE - You agree to notify us immediately,
orally or In writing of the loss, theft or unauthorized use of your Credit Card. You may
be liable for the unauthorized use of your Credit Card. You will not be liable for
unauthorized use that occurs after you notify us of the loss, theft, or possible
unauthorized use, You will have no liability for unauthorized purchases made with
your Credit Card, unless you are grossly negligent in the handling of your Card. In
any case, your liability will not exceed $50.
4. CREDIT LINE - if we approve your application, we will establish a sell-
replenishing Una of Credit for you and notity you of its amount when we issue the
card. You agree not to let the account balance exceed this approved Credit Una. Each
payment you make on the account will restore your Credo Una by the amount of the
payment which is applied to the principal. You may request an increase in your Credo
Line only by written application to us, which must be approved by our credt committee
or loan 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 termination by either of us does not affect your obligation
to pay the account balance. The cards remain our property and you must recover and
surrender to us all cards upon our request and upon termination of this Agreement
S. CREDIT INFORMATION - You authorize us to Investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current transactions on your
account, the remaining credit availat4e under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, the Finance Charge due to date,
and any other billed fees, and the Minimum Payment required. Every month you must pay
at least the Minimum Payment within 25 days of your statement dosing date. By separate
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, of course, pay more frequently, pay more
than the Minimum Payment, or pay the Total Now Balance in full, and you will rid
finance charge by doing so. If your monthly payment exceeds the total credit line b
owed, ive will automatically post cite credit to your 31 shares.
The minimum payment will be (a) 2% of your Total New Balance, rounded up
next even dollar, or (b) $20.00, whichever is greater. In addition, at any time you
New Balance exceeds your Credit Line, you must immediately pay the excess u
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 against your
credit limit. You do not have to pay any questioned amount while we are investigating.
but you are still obligated to pay the parts of your statement that are not in queston.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first S50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - if you have a problem with
the quality of property or services that you purchased with a credit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right: (a) You must have made the purchase in your home state or,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
demand. We will apply payments in the following manner. first to previous late fees,
then to previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Daily Balance for Purchases - The Average Dally 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
cyde. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daily Balance for purchases.
Average Daily Balance for Cash Advances - Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subject to the
Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions
is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily
Balance for cash each day, we take the following steps: We take line outstanding balance
(all amounts you owe) at the start of the day. Then, in the sequence in which amounts
are posted to your account, we add the amounts of all debits and subtract the amounts
of all credits or payments which post to your account that day. After applying payments'
and credits, we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
account on that day or in ary 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
hen to current late fees, then to previous cash advance balances, then to
urchase balances in the order that they were posted to your account, then
cash advance balances, and then to current purchase balances. Credits
ash advances finance charges, then to previous purchase finance
first to the particular typo of dent which is ooing credited, if any, and then
nce of your account.
uea the previous c
glance ; charges, t
previous p
to the to current
r Total are applied
pon our i to the bala
= wo __
Visa- Credit Card Agreement and Truth in Lending OI closure (continued)
Note also that it the total of the payments and credits which are posted to your
account by the Payment Due Date shown on a statement is equal to or exceeds the
New Balance shown on that statement, we will not apply the Monthly Periodic Rate
to your Account on your next statement.
8. DEFAULT - You will be in default if you fail to make any Minimum Payment
within 25 days after your monthly statement closing date. You authorize us to transfer
funds sufficient to make the minimum payment due it 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 it the value of our security interest materially
declines. We have the right to demand immediate payment of your full account
balance if you default, subject to our giving you any notice required by law. To the
! extent permitted by law, you will also be required to pay our collection expenses,
including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures to be followed. One is for you to present the card to a
participating Visa plan merchant, or another financial institution, and sign the sales
or cash advance draft which will be imprinted with your card. The other is to complete
the transaction by using your Personal Identification Number (PIN) in conjunction
with the card in an Automated Teller Machine or other type of electronic terminal that
provides access to the Visa system. You agree that you will not use your card for any
transaction that is Illegal under applicable federal, state, or local law. The monthly
statement will identify the merchant, electronic terminal or financial institution at
which transactions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement. You will retain a copy of such slips furnished at the
I time of the transaction in order to verity the monthly statement. The Credit Union may
make a reasonable charge for photocopies of slips you may request
10. OVERDRAFT OPTION - if you elect to overdraft to your PSECU Visa Credit
Card, that election is subject to the existing credit limit and the agreement o represents
and the current loan policy at the time of the overdraft. You also understand that an
! overdraft will be considered the same as a cash advance on your PSECU Visa Credit
v Card and that the current Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a credit
slip which we will post to your Visa fine of credit. If your credit and payments exceed
what you owe us, we will automatically post the excess credit balance to your S1
Shares within 75 days. If the balance is one dollar or more, upon your written request,
we will refund the credit balance to you.
12- FOREIGN TRANSACTIONS - The exchange rate between the transaction
currency and the billing currency used for processing international transactions is a rate
selected by Visa from the range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa Itself
receives, or a government-mandated rate in affect for the applicable central processing
data In each Instance, an adjustment may be assessed based on the iSA fee imposed
by Visa. This fee, which totals 1% of the transaction amount, will be assessed on all
transactions where the merchant country differs from the country of the card issuer.
13. DISPUTEO TRANSACTIONS - if you dlsagree or find an error with a Visa
transaction, and have tried in good fa;th is correct the problem with the merchant of
the charges are the result of unauthorized or fraudulent use, or your purchase cost
more than $50 and was made from a plan merchant in your state within 100 miles
of your home, contact PSECU. You are required to notify PSECU in writing within 60
days following the date on which we sent your statement wherein the error or
problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form outlining the
details of your dispute. In cases of fraudulent card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
If we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question. PSECU must adhere to
strict dispute timeframes set forth by Visa.
14. SECURITY INTEREST -To secure your account, you grant us a purchase money
security interest under the Uniform Commercial Cade in any goods you purchase
through the account H 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 it you are in default to prevent withdrawal of your
unpledged credit union shares (Deposits) below the unpaid balance of your account.
However, if you give or have given us a specific pledge of your credo 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.
15. EFFECT OF AGREEMENT - This Agreement is the contract which applies to
all transactions on your account even though the sales, cash advance, credit or
other slips you sign or receive may contain different terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
law. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the taw permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as to future transactions.
18. LATE PAYMENT CHARGE - if your Minimum Payment is not received by the
first day of the month following your due date, you will be subject to a $20 charge.
17. RUSH FEES -You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
18. OVER LIMIT FEE -A $20 fee will be applied for each monthly statement dosing date
on which the outstanding balance exceeds the assigned cred8 RW by more than $100.
19. DRAFT COPIES - You may incur an additional charge for transaction
summary/sale draft documentation.
20. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement.
21. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use
your card for any transaction that is illegal under applicable federal, state, or local taw.
22. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
23. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction Is
declined because It is indicative of possible fraudulent acW4.
( ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in in this Agreement shall be subject to the rules and regulations of each account
j consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, which is accessed by such Card.
our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the 2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD
following terms and conditions. You agree that the use of your ATM card(s) You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated
constitutes acceptance of the terms and conditions of this Agreement. You
understand that ATM is a credit-related service and you authorize PSECU to obtain teller. it can and will perform many of the same tasks as a human teller. You
a credo report on any users of this account. acknowledge that the Personal Identification Number or PIN which you use with the
ATM CARD is your signature, identifies the bearer of the Card to the STAR
"ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and
Checking and Regular Shares), which we set forth on your application form with this validates the directions given just as your actual signature and other proof identify
Agreement. You hereby request that we issue to you one or more ATM CARD(s) to you and authenticate and validate your directions to a human teller. You also
be used in connection with such accounts as described in this Agreement. understand that a Merchant which accepts the ATM CARD for a Purchase
You understand you may use the ATM CARD at a STAR SYSTEMSO ATM to (1) transaction may have an electronic terminal (Merchant operated or Seff-Service)
withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from which requires the use of your PIN and when your PIN is used at a Merchant's
your account, (4) receive information regarding the balance in your account(s) or (5) terminal, it will authenticate and validate the directions given just as your actual
make cash advances from your credit account(s) in the amounts you request. You may signature will authenticate and validate your directions given to us. You acknowledge
also use automated teller machines throughout the United States and in certain that your PIN is an identification code that is personal and confidential and that the
foreign countries which bear the PLUS SYSTEMID name and logo (1) to make use of the PIN with the ATM CARD is a security devise for your account(s).
withdrawals from, (2) effect transfers to or from, (3) receive information regarding the Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
1 balances in your Checking or Regular shares. If you have a Personal Service Loan ONE ELSE LEARNS YOUR PIN.
approved and in place, you may also mane a cash advance from your PSL. You further 3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS -You agree to contact us
understand you may use the ATM CARD to purchase goods and services
' at once if you believe the ATM CARD(s) issued to you or PIN has been lost or stolen
('Purchase') at any retail establishment ("Merchant") where ATM CARDS are or money is missing from your account(s). You also agree that if your monthly
i accepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain statement shows transactions which you did not make, and you do not contact us
cash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the within 60 days alter the statement was mailed to you, you may not get any money
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. lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
I TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
You request that we will provide to you such other services or access to other ATM BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY
j systems or networks using the ATM CARD which we may later make available and ' THEM. You could lose all your money in the account(s) if you take no action to notify
which we advise you are offered in connection with your account(s) set forth on your I PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
application form. You also understand that from time to time you may request in j Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do
writing that we provide access to additional accounts of yours through the ATM not write your PIN on your ATM CARD. Do not keep a written record of your PIN near
CARD we have issued to you. You agree tnat the uses of the ATM CARD described , your ATM CARD. Do not choose a PIN that is easily identifiable.
jF_VPg.(Lonic -Funds- Transfer,. AThf Ag_reernent _ and -.Regulation '._OisGosu11
(continued)
A rew card may be ordered for you at that nme and a 'hold' will be placed on your
old card. After such time, it you find your old card, destroy the old card oy cutting it
in half. If you attempt to use your old card. it will not work.
4. CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal
exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash
disbursement transaction (loan advance or share withdrawal) that is less than $20.
i You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
I for any adjustment that needs to be made to your account resulting from an error
you made while making a deposit at an Automated Teller machine (ATM). You agree
to pay the charges or transaction fees which are charged by us for these services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
l 5. DEPOSITS -- You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to verify the deposit before we make the money available
I to you. It you deliver cash, checks or other items to a STAR SYSTEMS ATM, you
understand and acknowledge that the funds from your deposit may not be available
i for immediate withdrawal and that the availability of your deposit shall depend on our
{ rules and regulations regarding the particular account in which you are making a
! deposit, the items that you are depositing and whether the deposit is made at a
STAR SYSTEMS ATM that is owned by us or another financial institution. You also
understand and acknowledge that not all STAR SYSTEMS ATMS may accept
deposits and some STAR SYSTEMS ATMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement for
such account. You agree that if you make deposits or payments to your account(s)
with items other than cash (checks, drafts or other items) and we make funds
available to you from such deposits prior to their collection, you agree that we may
deduct the amounts of such funds from your account(s) which are not collected or,
I 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.
4 7. AMENDMENT OF THIS AGREEMENT-You agree that from time to time we
may amend or change the terms of this agreement including amendments or
i changes to add further ATM CARD services or to amend or change the charges for
these services. We may do so by notifying you in writing of such amendments or
changes and your use of the ATM CARD after the effective date of any such
1 amendment or change shall constitute your acceptance of and agreement to such
? amendment or change.
13. OWNERSHIP - You agree that the ATlvt CARD is our property and you will
surrender it to us upon our request. You agree that the ATM CARD is non-
transferable.
9. DISCLOSURES --You hereby acknowledge receipt of the disclosure statement
informing you of your rights under the Electronic Funds Transfer Act and a copy of
this Agreement.
REGULATION "E" DISCLOSURE
1. ELECTRONIC CHECK CONVERSIOWELECTRONIC RETURNED CHECK
FEES - If you pay for something with a check or share draft, you may authorize it
to be converted to an electronic fund transfer. You may also authorize merchants to
electronically debit your account for returned check teas. You are considered to have
authorized these electronic funds transfers if you complete the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or If you sign a written authorization.
2, SUMMARY OF CONSUMER LIABILITY -
• ATM, ACH and SST - Tell us at once if you believe your card has been lost
or stolen. Telephoning is the best way to keep your possible losses down. You could
lose all the money in your account plus your maximum overdraft line of credit. If you
believe your card has been fost or stolen, and you tell us within two business days
after you learn of the loss or theft, you can lose no more than Esc 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 5500.
Also, it your statement shows transfers that you did not make, tell us at once. It
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have slopped someone from taking the money if you had told us in time.
It a good reason such as a long trip or a hospital stay kept you from telling us, we
f will extend the time periods.
3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS -
• ATM - Contact PSECU at (800) 237-7:328 EXT 3808 (nationwide) or (717)
23.1.8484 (in Harrisburg). Aber hours, follow the menu options on PSECU's
voice mail system to report a lost or stolen card. For Visa Credit or Debit
Cards, folto v the directions for Lest Card Notification under the Visa Credit
Card Agreement and Truth-in-Landing Disclosures section of rhrs document.
• ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717)
234-8484 (in Harrisburg).
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106-,1013
PSECU Business Hours:
8:00 a.m. - 5:00 p.m. M - F
TOO (800) 472-1967 Nationwide
(717) 777-2100 in Harrisburg
4, FINANCIAL INSTITUTION'S BUSINESS DAYS -
• ATM, ACH and SST - PSECU's Business Days are Monday through Friday.
Holidays not included.
5, TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE -
• ATM - Balance inquiries on checking, savings and PSL; withdrawals from
checking/savings; cash advance from PSL; deposits to checking/savings;
purchase goods and services at any accepting retail establishment.
• ACH - Preauthorized debits and credits to checking and savings.
• SST - Balance inquiries and transaction histories on all share, certificate and
loan accounts: transfers from any share to another share or loan account from
your PSL to any share or loan account; withdrawals from any share except
IRA shares or certificates.
6, ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
• ATM - Fifty cents for each disbursement (cash advance or withdrawal) less
than $20; fifty cents for each transaction over 15 per month; 25 cent for each
balance Inquiry; and there may be an additional charge for any adjustment
that needs to be made to the account of any member who makes an error
white depositing at an Automated Teller machine (ATM).
• ACH - $30 service charge for insufficient funds for each electronic transfer.
• SST - none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFTS -
• ATM - Ybu 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 penafttes 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
(600) 237.7328 to find out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS -
• ATM and SST - Not applicable.
• ACH - Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop
any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide)
or (717) 234-8484 (Harrisburg) or write us at Pennsylvania State Employees
Credit Union, P.O. Box 67013, Harrisburg, PA 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 Varying Amounts. If these regular payments may vary in amount,
the person you are going to pay wig tell you, 10 days before each payment,
when it will be made and how much it will be. You may choose Instead to get
this notice only when the payment would differ by more thart a certain amount
from the previous payment, or when the amount would fall outside certain
limits that you set.
• Liability for Failure to Stop Payment of Preauthorized 7Yansfers. if you
order us to stop one of these payments three business days or more before
the transfer Is scheduled, and we do not do so, we will be liable for your losses
or damages, unless we request and do not receive written confirmation of an
oral stop payment within 14 days and the transfer takes place after 14 days,
or you fail to give us proper instructions that would enable us to place the stop
on the transfer.
9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAIN TRANSFERS -
• ATM - If PSECU fails 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 uncotleded; (3) the
funds are subject to legal process; (4) the transaction you request would exceed
the funds in your account plus any available overdraft protection; (5) the STAR
Systems, PLUS system has insufficient cash to complete the transaction; (6)
your card has been reported lost or stolen and you are using the reported card;
(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 STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any i
other cause beyond control; (10) if you attempt to complete a transaction that,
w? at a STAR Systems, PLUS System, or merchant terminal that is not a i
Ei?ti.(Io?r (g Funds Trgnsjg/,_.?tTlvf Ag?emgnf .arid Re9ulgtjgn._"E'"' Disclosure
(continued)
permissible transaction listed above: or, (11) the transaction would exceed the,
security limitations on the use of your ATM CARD.
• ACH and SST - If PSECU tails 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 ailure unless: (1) there are insufficient funds in your
account to complete the transfer; (2) the funds in your account are
ur)collected; (3) the funds are subject to legal process: (4) the transaction you
reguest would exceed the funds in your account plus any available overdraft
j credit; (5) PSECU has reason to believe that the transaction requested is
unauthorized; (6) the failure was caused by an act of God, fire, or other
catastrophe, or by another cause beyond control. In any case, PSECU shall
be liable only for actual proven and not consequential damages if the failure
to make the transaction resulted from a bona fide error despite PSECU's
procedures to avoid such errors.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will disclose information about your account to
third parties: (1) when it is necessary to complete transactions: (2) to verity
the existence and standing of your account with PSECU upon request of third
party, such as a credit bureau; (3) to comply with government agency or court
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; Regulation P, Privacy of Consumer Financial information:
and (7) when it is necessary to take legal action to recover shares.
11. STAR SYSTEMS SERVICES -
• ATM Only -You may use your ATM CARD with your Personal Identification
Number (PIN) at STAR SYSTEMs located in Delaware, Maryland, New
Jersey and Pennsylvania to conduct any of the following transactions for the
accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking your Regular
Shares, and your Personal Service Loan (PSL),
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Persona) 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 ATMs located in these areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not all ATMs may accept deposits. There may also be limits on the amount of
funds which you may deposit M certain ATMs.
12. PLUS SYSTEM• SERVICES -
• ATM Only - You may use your ATM CARD with your Personal Identification
Number (PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico,
Canada, Great Britain and Japan to conduct any of the following transactions on
the accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking, your Regular
Shares, and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the STAR SYSTEMS services currently available through the PLUS
SYSTEM network Other services may be offered in the future.
13. OTHER ATM NETWORK ACCESS -
• ATM: Only - From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM CARDs. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also be described.
14. PURCHASE TRANSACTIONS -
• ATM Only - You may use the ATM CARD to purchase goods and services
("Purchase") at any retail establishment ('Merchant') where ATM CARDs are
accepted by such Merchant. The amount of all such Purchases will be
deducted from your Checking. When you make a Purchase using the ATM
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 ATM CARD -
• ATM Only -You may withdraw up to $500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMS or PLUS SYSTEM ATM, In addition. you may
withdraw!purchase up to 5500 at point of saie iocations. PSECU reserves the
right ;d reduce this Wily lim;t at any !xre. In the event that your daily lima is
less than $500, PSECU will advise ycu of the new Gmilation. The day for
i withdrawal limits starts at 12 midnight each day and ends at 12 midnight the
next day. For security purposes, there are also certain daily lim.tat;ons on the
frequency of use of the ATM CARD. However, these limitations are not
revealed for security reasons. The Pennsylvania State Employees Credit
Union is not obliged to maintain such limitations.
You will be denied use of your ATM CARD if you exceed the daily
withdrawat/purchase limit, if you do not have adequate funds available in your
account, do not enter the correct Personal Identification Number (PIN), or
exceed the frequency of usage limitation. The receipt provided by the STAR
SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will notify you of the
denial. There is a limit on the number of such denials permitted. Attempts to
exceed the limit will result in machine retention of our ATM CARD. The number
of attempts that result in machine retention is not revealed for security purposes.
16. ERROR RESOLUTION PROCEDURES -
• ATM, ACH and SST.- In case of errors or questions about your transactions:
Direct inquiries to PSECU at (800) 237.7328 Nationwide, TOO (800) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA
17106x7013, 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
ATM CARD number (if a ATM transaction), or reference number (if Sell-
Service Telephone Transaction); (b) Describe the error or the transaction you
are unsure about, and explain as clearly as you can why you believe it is an
error or why you need the information, and; (c) The dollar amount of the
suspected error,
if you tell PSECU orally, you must send your complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for
STAR SYSTEMS purchase transactions. It we need more time, however, we may
take up to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for
STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will
recred'it your account within 10 business days for the amount you think Is in error
if It is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or
DIRECT DEBIT/CREDIT transaction, or 20 business days If it is a STAR
SYSTEMS purchase transaction. You will have the use of the money during the
time it takes to complete the investigation. it PSECU does not receive your
complaint or question in writing within 10 business days. PSECU may not
recredit your account. If PSECU decides there Is no error, you will be advised
within three business days after the investigation is completed. You may ask for
copies of the documents PSECU used In the investigation. If PSECU credits
your account while investigating, you must repay those funds if PSECU
concludes no error has occurred.
17. ATM SURCHARGE - It you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used in processing the transaction (and you may be charged a fee for a balance
inquiry even it you do not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to complete the transaction.
Notice To Consumers Using ATM's
• Be alert to your surroundings. If you doubt the safety of a particular location,
choose another ATM.
• It 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.
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08-2263
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
SANDRA TRAN,
Defendant
05 THE _! C AR'f
201 O MAR it AM 11: 36
rci wNSYLVANIA
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 08-2263
PRAECIPE TO WITHDRAW/ENTER APPEARANCE
Kindly withdraw the appearance of Melissa L. Van Eck, Esquire as counsel for
Pennsylvania State Employees Credit Union and enter the appearance of Shawn M. Long,
Esquire as counsel for Pennsylvania State Employees Credit Union, regarding the above-
captioned matter.
Papers may be served at the address set forth below.
BARLEY SNYDER LLC
By:
re
hawn MV
Court I.D126 East Lancaster, PA 17602-
2893
717.299.5201
Date: J w U
VAN ECK & VAN ECK, P.C.
By: L?
Melissa L. Van Eck, Esquire
Court I.D. 85869
7810 Allentown Blvd., Suite B
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Date: Ito
2853407-1
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08-2263
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BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
SANDRA TRAN,
Defendant
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
No. 08-2263
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-captioned action.
BARLEY SNYDER LLC
dawn M. Long, Esqu.
Attorneys for Plaintiff
Pennsylvania State Er~
Court I.D. No. 83774
126 E. King Street
Lancaster, PA 17602
717.299.5201
Credit Union
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2967026_1
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V3.
SANDRA TRAN
Defendant
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CIVIL ACTION -LAW ,~'r,,
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NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
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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 aze
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 aze 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 Baz Association
32 S. Bedford St.
Cazlisle, PA 17013
(717) 249-3166
(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.
SANDRA TRAN
Defendant CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Niue. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes p~ginas, usted tienen que tomaz accibn dentro veinte (20) dias
despu~s que esta Demanda y Aviso es servido, con entrando por escrito una apazencia
personalmente o por un abogado y azchivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si 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 paza 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 Baz Association
32 S. Bedford St.
Cazlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document #: 180057.1
~ ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
vs.
SANDRA TRAM
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 fmancial 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, Sandra Tran, is an adult individual with a last known address of 1713
Hummel Ave., Apt 1, Camp Hill, PA 17011-5530.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a signature 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 mazked as Exhibit
«B~,
7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract mazked 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 May 28, 2006.
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 continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of April 9, 2008, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Eight Thousand Seven Hundred Fifteen Dollazs and 54/100
($8,715.54).
Document #: 180057.1
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 One Thousand Seven
Hundred Sixty-Eight Dollars and 11/100 ($1,768.11) 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.
Document #: 180057.1
__ _ ~
WI~REFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Sandra Tran, in the amount of Ten Thousand Four Hundred Eighty-Three Dollazs and 65/100
($10,483.65), 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
i
VERIFICATION
I, Gregory R. Diffenderfer, 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
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SIGNATURE LOAN ACTIVATION NOTICE
April 21, 2005
Applicant
Information: SS #: Applicant: SANDRA TRAM
Ref #: 450613 309 Work Telephone #:
Approval Amount: 510,000.00 Home Telephone #:
Account Number. 12958 0
Signature: I acknowledge receipt of the PSECU INER Disclosure and Credit Agreement and
agree tp be bound b~katerms set in said agreement
Signature of SANDRA TRAM D to
SIGNATURE LOAN OPTIONS
Purpose:
Please select one of the following Signature Loan disbursement options:
Send a ^ check, or ~ deposit to my Share 4 (MoncyHandler/Checking Shares)
Please select one of the following Signature Loan repayment options:
^ Paymll Deduction ~ Automatic Transfer ^ Direct Payment ^ Homebanldng
^ Self Seavice Telephono ^ Coupon ~ ` ~~'~i~
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Pennsylvania State Employees Credit Union
P. D. Box 67c)13 • Harrisburg, PA 1 7 1176-70l3 • (7f7) 234.6-19J Herrrshurg, f9r7Q1 237-7328 Nationtvida
Loan Disclosures
This LO/1NLINER' Credit and Security Agreement, which includes the Truth in
i Lending thsclosures, will ba referred to as the Plan. The Ptan documents include this
agreement and an Addendum. You, your and borrower mean any person who signs
fha Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit
Union transfers its rights under the Plan.
HOW THIS PLAN WORKS -This is an open-end, multi featured credit plan. We
anticipate that, from time to lima, you will borcow money (called 'advances") under
the Plan. Wa 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 fha
j diflerent types of credit (called'subaccounts' available under the Plan, the curcent_
~ interest rata for each subaccount expressed as a daily periodic rate and
corresponding annual percentage rate arid other charges. It may also have other
I terms and a schedule for determining the payment amounts.
CREDIT LIb1fT - We may, but do not have to, establish a credit limit on certain
subaccounts. If a credit limit is sat for a subaccount, you promise not to exceed the
i pstabllshed credit limit. If you exceed the credit limit, you promise to repay
immediately the amount which exceeds the credit limit.
REPAYMENT -You promise to repay all amounts you owe under the Ptan plus
interest Payments era due on the last day of the month unless we set a different day
I at the fime of an advance. If the Addendum has no payment schedule for a
subaocount, your payment will be determined at the lima of each advance.
Payments must include arty 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
j or part of what you Owe at any time without arty prepaytnent penalty Even ft you
prepay, you will still be required to make the regularly scheduled payments unless
1 we agree in witting to a change in the payment schedule. ft you have a joint
j sharedratt acc:oun4 you will be responsible br paying all overdraft advances
1 obtained by a Joint holder of the sharedratt accotiM. Unless otherwise required by
J taw, payments will be applied to amounts owed under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can otrtah creclt advances fn any manner authorized by us. ft
we allow you to use your ATM1Debii turd to access the Plan, you may be liable br the
unauthorized use of your ATM/Debft card. You wUl not be fable for unauthorized use
that occurs after you notUy tJS, orally Or in writing, of fha loss, theft, or possU~le
unauthorized use. # you believe your ATM/Debit card has been bet or stolen,
i Immediately Inform the Credit Union by calling or wrtt(ng us at the telephone number or
I address that appears elsewhere in the Plan. If the card is used Do obtain unauthorized
i advances drecdy from the Pian, your 11abUity wUl not exceed $50. M the unauthorized
witTttlrawal is Isom a sharedraft account, your fiatx7Uy is governed by the Regulation E
disclosures you received at the time you recehred your ATM/Debit card, even U the
wlUidrewal results }n an advance being made from your overdraft subaccount.
FINANCE CHARGE -The dollar amount you pay for money borrowed is called a
"finance charge" artd begins on the date of each advance. A finance charge will be
Comt~ted separately for each separate balance under the Plan. To compute fha
finance charge, the unpaid balance for each day since your cast payment (or since
an advance it you have not yet made a payment) is mulbptied by the applicable daily
.per}odic 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 eddklon io interest, we may charge other finance charges tMhich
are disclosed on the Addendum. }f the Interest rate is a variable interest rate, the
~ Addendum explains how the variable interest rate works.
I SECURITY -You pledge as security for the Plan au shares and dividends and, if
{ any, all deposits and interest in alt joint and Individual accounts you have with us
j now and in the future. if a specific dollar amount is pledged for an advance, we will
j freeze shares in that account to fha extant of the ouistartding balance for the
I advance. Otherwise, your pledged shares may be withdrawn unI®ss you are in
I default. The iollowing paragraph applies In all states except in Ohio, Rhoda
Island and Massachusetts: Wa have a statutory lien on the shares and dividends
and, if any, the deposits and interest in all Individual and joint accounts you have with
us and may exercise our rights under the Ilan to the extent permitted by state law.
(We era state chartered if our name does not include the term "Federal Credit
I Union.' For ell borrowers: The statutory Ifen and/or your pledge will etlow us
i to apply the funds to your account(s) to what you owe when you are In default
The statutory Lien and your pledge do not apply to any Individual Retirement
I Account or any other account that would lase special tax treatment under state or
k fetlarel law if given as security.
~ Additional security for the Plan may be required at the time of an advance. If a
~ subaccount identifies a type of property (such as "New Cars') you must give that
type of properly as security when you get an edvanco under that subaccount. A
subaccount. name such as "Other Secured' means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed under the Plan and all other loans you
have with us now or in the future, except any town secured by your principal dwelling.
i Property securing other loans you have with us may also secure the Plan.
CREDIT INSURANCE -Credit ilia and/or credit disability insurance is opt;onal
j under the Plan. If you qualify For and purchase the insurance from us, you authorize
j us to add the insu2nce premiums montniy to your loan balance and charge you
C1r:.1 Nu?UL G'nCUf, ~9W. 92. D1, ES, dG. 98. 59.2tY:G G!. GZ. G3 OJ. Q5 A..( R.GNTS ni5ER7EU
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended.
The credit Insurance rates may change during the Pfan. if the rates change, via will
provide any notices required by applicable law.
PERIODIC STATEMENT - On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by the statement.
Statements and notices will be sent to you at the most recent address you have
given us In writing. Unless applcable law requires notice to each Joint borrower,
notice to any one of you will be Halite to all.
JOINT ACCOUNTS - If this is a Joint account, each of you IS individually and Jolntiy
responsible for paying all amounts owed. That means we can enforce our rlgttts
under the Plan against any one of you individually or against all of you together. if you
give us Inconsistent instructions, we can reluse to follow your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
other(s) to obtain advances individually and agrees to repay advances made to the
other(s), Any joint accountholder may terminate the Plan by giving us prior written
notice. If arty of you terminate the Plan, the Plan is termmated for all of you. You
remain liable individually and jointly for all advances incurred before termination.
FEES AND CHARGES - If you glue us a security interest in certain types of
property, twe may charge you a filing fee to perfect our interest In the property. If we
do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other fees in connection with the Plan. Our current fees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
UPDATING CREDIT INFORMATION -You promise that you will promptly give us
written notice If you move, change your name or empbyment or M any other
information you provided to us changes. Upon our request, you also agree to
provkte us updated financial Inlormatlon.
QEFAULT -The following paragraph applies to borrowers /n Idaho, Kansas,
Maine and South Carolina: You will be in defauU U you do not make a payment of
the amount required -when H is due. You will also be in default if we believe the
prospect of payment, parformamca, or realization on any property given as security
is significantly impaired.
The following paragraph applies only to borrowers In W/acona-n: You will be in
default if you fail io make a payment when due two times during any 12 month
perlod.You will be in default U breaking any promise made under the Plan materially
impairs your ability to repay what you owe or materially fmpalre the condition, value,
or protection of or our right In any property you gave as gecurlly.
Ths following paragraph applies only to borrowers in Iowa: Ytw will be in
default if you era more than f 0 days late In making a payment You will also be In
default it you do not comply with the terms of the Plan and your faAure to comply
materially impairs any property you gave as security or your ability to repay what you
owe under the Ptan,
The following paragraph applies fa borrowers fn all other states: You w11I be in
default if you do Hat make a payment of the amount required when K is due. You will
be In dafautt If you break any promise you made under the Plan or h anyone is in
default under arty security agreement made In cwtnectlort with an advance foxier
the Plan. You will be to default if you die, file for bankrupttry, become )resolvent, U you
make any false or misleading statements In arty credU applk:atlon or update of credit
information, or It something happens we believe may substanfially reduce. your
ability to repay what you owe. You will be in default it arty property you have given
us es security is repossessed by someone else, seized under a foAelture or similar
law, or if anything else happens that significanty affects the value of the property or
our security interest in il. You will also be in default under the Plan it you are in deisuR
under any other loan agreement with us.
ACTIONS AFTER DEFAULT -The following paragraph applies to borrowers In
Colorado, District of Coiumbia, Iowa, Kansas, Maine, Massachusetts, MJssourt,
Nebrsska, South Carolina and West Virginia: When you are in default and after
expiration of arty right you stave under appl'~cable state law to cure your defauh, we can
demand immediate pa)rment of the entire unpaid balance under the Plan without
giving you advance notice.
'The lollowing paragraph applies to borrowers In all otherstates except H/iscons/n
and Lou/slana: When you are in default, we can require immediate payment
(acceleration) of the entire unpaid balance under fha PIan.You waive any right you have
to demand for payment, notice of intent to accelerate and notice of acceleration.
The lolfotving paragraphs apply to borrowers In all states except Wisconsin and
Loulslana: If immediate payment is demanded, you will continue to pay Interest until
what you o+ue has bean repaid at the appl"roable interest rates in effect or, U applicable,
at the default rate disclosed on the Addendum. If a demand for immediate payment
has been made, your shares and/or deposits can be applied towards what you owe
as provided in the section above called `Security' We can also exercise any other
rights given by law when you are in default.
You scree the Credit Union has fha right to take possession of any property given
as security under the Plan, without judicial process, tf this can be done without
breach of the peace. If we ask, you promise to deliver the property at a time and
place we choose. if ttte praperry is a motor vehicle or boat, you agree that we may
CPSMGt PSECU FOAM r3t.t8
JBXXOG01-20.17.2092.1 (3/05)
__
LOANLlNER' Credit and_Securlt Credit Agreement (continued)
__ __
obtain a key or ether device necessary to unlock and operate it, when you are in
default. We vrill not be responsible for any other properly, riot covered byr this
Agreement, chat you leave inside the property or that is attached to the property. N!e
wilt try to return that property to you or make it available for you to claim.
After we have possession of the property, we can sell it and apply the money to any
amounts you ovre us. We wiU give you nonce of any public disposition or the date after
which a private disposition will be held. Our expenses for taking possession of and
sailing the prepertf will be deducted from the money received from the Sala. Those
costs may indutle the cost of storing the property, preparing it for sale and attorney's
fees tat the extent permitted under state law or awarded under the Bankruptcy Coda.
You must pay any amount that remains unpaid after the sale money has been applied
to any unpaid batanca under the Plan. You agree to pay intaresl on that amount at the
same rate as the advance, or, if applicable, at the default rate discbsed on the j
Addendum, until that amount has been paid.
The lollowing paragraph applies Doty to Wisconsin borrowers: When you are in
default and after expiration of any right you have under applicable state law to cure your
default, we may require immediate payment of your otrtstanding ban balance under the
Plan and seek possession of Property given as security. You may voltmtarily give the
property b us if you choose, or we may seek to take possession of the property by
judicial proc~ss.11 we repossess the property, you agree b pay reasonable expenses
incurred in disposing of the property. ff the property is a motor vehicle, mobile home,
trailer, snovrtrtobile, boat or aircraft, you wiH also tie required to pay any rbsts permitted
by Section d22.4t 3 of the Wisconsin Statutes. You must pay any amount that remains
unpaid after the sale money has been applied to what you owe under the Plan. You
agree to pay ktterest on arty unpaid amount al the same rate as the advance, or, fI
applicable, at iha default rate disclosed on the Addendum, until that amount is paid.
If the property is located outside Wisconsin at the time of default, we may take
possession of the property without Judicial process, it permitted by the state where
the property is lotxted.
The following paragrsph applies only to Louisiana borrowers: When you are in
default, wa can require immediate payment (acceleration) of the entire unpaid
balance under iha PIan.You waive any right you have to demand for payment, notice
of Intent to accelerate and notice of acceleration. II Immediate payment is
demanded, you will contatus to pay interest until what you owe has been repaid at
the applicable interest rates in effect unfesa a detauk rate is disclosed on the
Addendum. if a demand for immediate payment has been made, the shares and
deposits gnren as ssotrdty for iha Plan can be appfted towards what you owe. Ws
can also exercls9 any other rights given !>1r law when you era in default and our
rights under any security agreements you have with us.
CANCELUNCa OR CIiANGiN(i THE PLAN -The loNowing paragraph applies
only to borro-vars fn ffllnols: We have the right to char>~ the terms of the Plan hem
time to time shat giving you any advance notice required by law. Any change to the
interest rata or outer charges will apply to future advar~es.
The following paragraph applies only to borrowers !n W/sconsln: We can
change the terms at the Plan from time to time in accerdance with Section 422.415
of iha Wisconsin Statutes. You will be notfied of any change in terms. An Increase
In iha daily periodic rate under a variable rata interest rate is not considered a
change in terms under the Plan. We can cancel the entire Plan or any part of iha
Plan at any lima. You may cancel the Plan at any time by giving us prior written
notice. Your obligation fo 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 IEability is limited by Section 422.4155 of the Wisconsin Statutes.
The IoNowing paragraph applies Doty to borrowersln Iowa: We can change the
terms of the Plan from Ume to time after gNing you any advance notice required by
law. A change that increases the rats of finance charge or other charge, that
increases the amount o1 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 Plan after receiving notice that your use of the Plan means you agree the
change applies b extsUng balances.
The following paragraph appllas fo borrowers !n aU other states: We have the
right to change the terms of the Plan from Ume to Ume 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 lopowing paragraph applies fo ail but Wisconsin borrowers: An increase in
the dally periodic rata under a variable Interest rate fs 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 Ume by giving us prior written not'~ce. Your
obligation to pay the unpaid baiarices under the terms of the Plan continues whether
you or the Credit Union cancel the Plan.
DELAY IN ENFORCING RIGHTS AND CHANGES tN THE PLAN - We can delay
enforcing any of our rights under this Plan any number of limes without losing the
ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the farms of the Plan, you agree that this Plan ;
will continue to protect us.
CONTINUED EFFECTIVENESS - ll any part of this Plan is determined by a court
to do unenforceable, the rest will remain in affect. i
NOTICE TO UTAH 80RROWERS -This written agreement is a final expression of I
the agreement between you and the Credit Union. This written agreement may oat I
ba contradicted by evidence of any oral agreement. 1
The -ouowing is required by Vermont law -NOTICE TO CQ-SIGNER -YOUR ~
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE E4UALLY L1A8LE
FOR REPAYMENT OF THIS LOAN. IF THE BORROWER ODES NOT PAY, i
THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. ,
The following paragraphs apply If you give security In connection with an
advance under the PIan.They apply to borrowers in all states except Louisiana.
Louisiana borrowers will execute a separate security agreement. Borrowers in
.other states may also be asked to execute a separate security agreement.
THE SECURITY FOR THE PLAN -You give us vrhat is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an advance (`the Advance'). The security intaresl 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 arty replacements for the
property which you buy within 70 days of the Advance ar 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 it asked to do so.
WHATTHE SECURfTY INTEREST COVERSlCROSS COLLATERAL PROVISIONS
-The security interest secures the Advance described in the receipt, voucher or any
other document you receive at the time of the Advance and any extensions, renewals
or refinancings of the Advance. It also secures any other advances you have now
or recalve to the future under iha Plan and any other amounts or loans,
Including any credit card loan, you owe us far arty reason now or In tfie future,
except any loan secured by your principal residence. If the property is household
goods as defined ny the Federal Trade Commission Credit Practices Rule, the
property will secure only the Advance and not other amounts you owe.
OWNERSHIP OF THE PROPERTY -You promise that you own atl property you
give as security or if the Advance is to twy the property, you promise you will use
the Atlvancs for filet 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 ar 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 fry your actions or by operation of law.
PROPERLY INSURANCE, TAXES AND FEES - Yau must maintain property
insurance on all property that you give as security under the Plan. You may purchase
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance must be acceptable to
us. You may provide the praperty 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.
H you cancel your Insurance and get a refund, we have a right to the refund. tf the
property Is bet 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 wfUch may be payable to you In order for us to collect arty refund or benefits
due under your Insurance policy. You also promise to pay all taxes and tees (like
registration fees) due on the Property.
ft you do rtW pay the taxse or fees on the Property when due or keep it insured, we may
pay these obAgaUons, but we era not required to do so. Any money vtrs spend for taxes.
fees or insurance will be added to the unpaid balance of the advance arxf you will pay
interest on those amounts at the same rate you agreed to pay on the advance. We may
recalve payrrteras in conrtettlon with the insurance from a r:omparty which provides the
Insurance. We may monitor our loarta for the purpose of detertnirtktg whether you and
other borrowers have compAed with the insurance requirements of our loan agreements
or rttay engage others b do so.The insurance charge added to an advance may include
(i) the insurance contpartys payments to us and (2) the cost of determining compliance
wilts the Insurarx:e regttlrements. It we add amounts for taxes, fees or insurance to the
unpaid balance of an advance, we may increase your payments to pay the amount
added within iha term of the insurance or approximate tarts of the advance.
INSURANCE NOTICE - If you do not purchase the required property insurance,
iha insurance we may purchase and charge you for wilt cover only our intaresl in the
property. The premium for this Insurance may be higher because the insurance
company may have given us the right to purchase insurance aher uninsured
rrollateral I5 lost or damaged. Ths Insurance will not be liability Insurance and
wilt not satisfy arty state flnancfal responslblllty or no fault laws.
PROTECTING THE SECURITY INTEREST - If your state issues a true for the
property, you promise to have our security interest shown on the title. We may have
to file what is called a frnancing statement to protect our security Interest from the
ataims of others, li asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property You promise to pay all costs, including but not limited to any
attorney tees, we incur in protecting our security interest and rights In the property,
to iha extent permitted by applicable law.
USE OF PROPERTY -Until the Advance has bean paid off, you promise you will:
(1) Use Ute property carefully and keep it in good repair. (2) Obtain cur written
permission before making major changes to the property or changing the address
where the property is kept. (3) Inform us in writing before changing your address. (4)
Allow us to inspect the property. (5) Promptly notify us it the property is damaged,
stolen or abused. (6) Not use the property for any unlawful purpose. (7) Not to retitle
properly in another state without telling us.
NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE
- THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE, SUBJECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU h1AY HAVE TO PAY THE DIFFERENCE.
NOTICE FOR ARIZONA OWNERS OF PROPERTY - It Is unlawful for you to fail
to return a motor vehicle that is subject to a security interest, within thirty days after
you have received notice of default The notice will be mailed to the address you
gave us. It is your responsibility to notify us if your address changes. The maximum
penalty far unlawful failure to return a motor vehicle is one year in prison and %or a
fine of S150,000.
.__
This notice contains important information about your rights and our responsibilities
undei the Fair Credit Billing Act. Yau are advised to read your monthly statement
and review it for any error discrepancies or unauthorized transactions.
NOTIFY US IN' CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. If you think your statement is wrong, or if you need more information
about a transaction on your statement, writs us on a separate sheet at the address
listed on your statement. You are required Io notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
accou t. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights,
to your fetter, give us the fallowing Information:
' Your name and account number
' Tha 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.
it you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter wthin 30 days, unless we
have corrected tfte ernx by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct
Attar we receive your Letter, vre cannot try to collect any amount you question, or report
you as delinquent. We can continue to send slatemznts to you for the amount you
question, including finance charges, and we can apply any unpaid amount against your
credit limit. You do not havo to pay any questioned amount while we are investigating.
but you era still obligated to pay the parts of your statement that are not in quesEon.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If vre didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, if our explanatirn dons not satisfy you and you vrrite to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
It we don't follow these rules, we can't collect the first S50 0l 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 duo on the property or services. There are two
limitations on this right: (aj You must have made the purchase in your home state or,
H not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have bean more than 550.
These !Imitations do not appy it we own or operate the merchant, or if we mailed
you the advertisement for the propery or services.
In this Agreement, the words you and your means each and all of those who appy
for the card or who signs this Agreement Gard means the Visa Credt Card and any
duplicates and renewals we issue. Account means your Vise Credit Card Llne of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY - tf we issue you a card, you agree to repay all debts end the
Fnarroa Charge arising Irom the use of the card and the card arxount. For example,
you nre responsltNe for charges made by yourself, your spouse and minor children.
You are also responsible for charges made by anyone else to wtxxn you give the
card, and this rasponsi!>ility continues until the card is recovered. You cannot disclaim
responsibi0ty by rtotlfying tu, but we will close the account for new transactions if you
so request and Tatum a!1 cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or outer couR judgment to which wa are
not a party may direct you or ono of the other persona responsible to pay the account
2. LOST CARD NOTIFICATION - If you believe the card has been bst or stolen,
you will immediately call the Credit Union at (717) 234-13484 or (800) 237-7328. Alter
hours call (81)0} 558-5678.
3. LIABItJ'1•Y FOR UNAUTHORIZED USE -You agree to notify us immediatety,
orelty or In writing of the loss, theft or unauthorized use of your Credit Card. You may
be liable for the unauthorized use of your Credt Card. You will not be (table for
unauthorized use that occurs after you notify us of the Toss, theft, or possible
unauthorized use. You will have no liability for unauthorized purchases made with
your Credit Card, unless you are grossty negligent in the handling of your Card. In
any case, your I'rability will not exceed $50.
4. CREDIT LINE - If we approve your applicator, we will eslaMish a selt-
replenishing Une of Credit for you and notity you of Its amount when we issue the
card. You agree not to let the account balance exceed this approved Credlt Une. Each
payment you make on the account wiN restore your Credlt Urte by the amount of the
payment which is applied to the prindpai. You may request an increase in your Credit
tJrte only by written application to us, which must be approted t>)/ our credt committee
or loan otfker. By giving you written notice we may reduce your Credit Une from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to compty with this Agreement or arty other agreement with
us, or our adverse reevaluation of your creditworthiness. You may also terminate this
Agreement ai any time, but termination by either of us does not affect your obligation
to pay the account balance. The cards remain our property and you must recover and
surrender to us dtl cards upon our request and upon termination of this Agreement
5. CREDIT INFORMATION -You authorize us to Investigate your credit standing
whon opening, renewing or reviewing your accrount, end you authorize us to disclose
information regardng your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We wi8 mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current transactions on your
account, the remaining credit avaAabte under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, tits Finance Charge due to data,
and any other billed fees, and the Minimum Payment required. Every month yew must pay
at least the Minimum Payment within 25 days of your statement dosing date. By separate
agreement yvu may authonze us to charge the minimum payment automatically to your
share or dtacfdng account with us. You may, of course, pay more frequently, pay more
than the Minimum Payment, or pay the Total Now Balance in full, and you will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line b
awed, rve will automaticaly post tie credft to your S t shares.
The minimum payment will be (a) 2%a of your Total New Balance, rounded up
next even dollar, or (b) 320.00, whichever is greater. In addition, at any time you
Naw Balance exceeds your Credit Line, you must immediately pay the excess u
demand. We will appy payments in the following manner first to previous late fees,
then to previous cash advances finance charges, then to previous purchase finance
dtarges, then to current Iota fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES -You can avoid the Finance Charge on purchases by
paying the full amount of the Naw 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 that' are posted io your account, wiN ba subject
to Flrtance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: Ws cak:ulate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthy periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Ceah Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Camputatlon Method
Average Dally Balance for Purchases -The Average Dally Balance for Purchase
Transacfions is ca~ulated by adding Uta Dally Balances (Purchase Transaction) for
each day in the billing cyda, and then dividing try the number of days in the biting
eyrie. To ca~ulate the Dally Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you awe) 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 credts, 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 Baianca for purchases.
Average Dar7y Balance for' Cash Advances -Cash Advance Trensactlons 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 periods refs br purctases. The
Average Daffy Balance is calctttated separately for Cash Advances and is subject to the
Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions
is calculated by adding the Dally Balances (Cash Tiansactlort) br each day in the billing
cycle, aril then divldng by the number of days in the billing cycle. To calarlate the Daily
Balance for cash each day, we take the folbwing steps: We take the outstandng belarx:e
(ell 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 an-,curls
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 arty previous day ~n the billing cyde. 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
urchase balances in the order that they were posted to your account, then
cash advance balances, and then to current purchase balances. Credits
ash advances finance charges, then to previous purchase finance
en to current late tees, then to previous cash advance balances, then to
first to the particular typo of debt which is boing creditod, if any. and then
nee of your account.
previous c
alance charges, th
i previous p
to the R to current
r Total ~ are applied
port our f to the bola
•~--
__
Visa' Credit Card Agreement and Truth In Lending Disclosure (continued)
Note also that if the total of the payments and credits which era posted to your
account try the Payment Due Date shavn on a statement is equal to or exceeds the
New Balance shown on that statement, we will not apply the Monthly Perindic 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 suffroient to make the minimum payment due if your Visa loan is .n default. Vou
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 cur 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
aftarnative procedures to be foUOwed. One is for you to present the card to a
participating Visa plan merchant, or another financial institution, and sign the sales
or cash advance draft which vnN be imprinted with your card. The other is to complete
the transaction by using your Personal Identification Number (PIN) in conjunction
with the card kt an Automated Teller Machine or other type of electronic terminal that
provkies axess to the Visa system. You agree alai you wit! not use your card for any
transaction that is Ulegal under applicable federal, state, or local law. The monthly
statement wiM identify the merchant, electronic terminal or financial institution at
which ttansaetions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement. You will retain a copy of such slips furnished at the
lima of the iransactbri in orcler to verily the monthly statement. rns Credit Union may
make a reasonable charge for photocopies of slips you may request
10. OVERDRAFT OPTION - It you elect to overdraft to your PSECU Visa Credit
Card, that election is subject to the existing credit limit and the agreement it represents
and the current loan policy ai the time of the overdraft. You also understand that an
overdraft will be considered the same es a cash advance on your PSECU Visa Crodit
Card and that the current Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may ghre cxe~t for returns and adjustments, and they will do so by sanding us a credit
slip which we wUl post to your Visa ling of cradlt. If your credit and payments exceed
what you owe us, we will automatically post the excess credit balance to your St
Shares within 75 days. If the balance Is one dollar or more, upon your written request,
we will refund the credit balance to you.
12 FOREIGN TRANSACTIONS -The exchange rate between the transaction
currency and the t>ilUrtg arrrency used for processing kttemational Vansactions is a rate
selected by Visa from the range of rates available in wholesale currency markets for the
appUcable txirttral processing data, which rate may vary from the rata Visa itself
receives. or a gnvemment-mandated rate In affect for the appUCabie central processing
date. In each Instance, an adJustrnent may be assessed based on the ISA tee imposed
by Visa. rnis lea, wfiich totals 1°/a of the transaction amount, wlU be assessed on aU
transactkxts where the mercttartt country differs from the country of the card issuer.
13. DISPUTED TRANSACTIONS - h yiw rtisagree or find an error with a Visa
ATM CARD CARDHOLDER AGREEMENT -The Undersigned (you or your), in
consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we,
our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the
following terms and conditions. You agree that the use of your ATM card(s)
constitutes acceptance of the terms and conditions of this Agreement. You
understand that ATM is acredit-related service and you authorize PSECU Io obtain
a credit report on any users of this account
1. ACCOUNTS AND USES OF ATM CARD -You have the aecouM(s) (including
Checking and Regular Shares), which we set forth on your application form with this
Agreement. You hereby request that we issue to you one or more ATM CARD(s) to
be used in connection wNh such arxrounts as described in this Agreement.
You understand you rttay use the ATM CARD at a STAR SYSTEMS ATM 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 SYSTEMS Hama and logo (1) to make
withdrawals from, (2) effect transfers to or from, (3) receive information regarding the
balances in your Checking or Regular shares. If you have a Personal Service Loan
approved and in place, you may also make a cash advance from your PSL.Yau further
understand you may use the ATM CARD to purchase goods and services
('Purchase') at any retail establishment ("Merchant") where ATM CAROB era
accepted by such Merchant. If you use rho ATM CARD to make a Purchase to obtain
cash, ff permitted by the Merchant, you shall be requesting us to withdraw funds in the
amount of such Purchase (nGuding any cash received from the Merchant) from your
Checking Shares and directing or orctering us fo 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 ATM CARD which we may later make available and
which we advise you are offered in connection with your account(s) set fonh on your
application form. You also understand that from time to time you may request in
writing that we provitle access to additional accounts of yours through the ATM
CARD we have issued to you. You agree that the uses of the ATFA CARD described
__ __
transaction, and have tried to good faith tc correct ttte problem with the merchant cr
the charges are the result of unauthorized or fraudulent use, or your purchase cost
more than $50 and was made from a plan merchant in your state within 100 miles
of your home, contact PSECU. You are required to notify PSECU in writing within n0
days lollovring the data on which eve sent your statement wherein the error or
problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to prrnide us with documentation to support your dispute claims. In
addit'ron, you may be required to complete a standard dispute form outlining the
details of your dispute. In cases of fraudulent card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
It we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction{s) in question. PSECU must adhere to
strict dispute timeframes sat forth by Visa.
14. SECURITY INTEREST-To secure your account, you grant us a purchase money
security interest under the Uniform Commercial Code in any goods you purehaso
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 it you are in default to prevent withdrawal of your
unpledged credit union shares (Deposits) helav the unpaid balance of your account.
However, if you gnre or have given us a specific pledge of your crfld'd union shares
(Deposits) by signing fire Pledge of Shares or otherwise, or any other security interests
for all your debts, your account wUl be secured by your pledged shares (Deposits) and
by the property described in those other security agreements, except for your home.
15. EFFECT OF AGREEMENT -This Agreement is the contract which applies to
aU 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
Iaw.Yoat 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 welt as to tutus transactions.
18. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the
first day of the month following your due data, you will be subject to a 5?0 charge.
17. RUSH FEES -You may Incur additional charges for rush processing and rush
delivery of cards and/or PiN mailer.
18. OVER LIMIT FEE - A $20 lea wiU be applied for each monthy statement closing date
on whicdt the ot~tartdtrtg balance exceeds ttte assigned cradlt frntl by more than $100.
14. DRAFT COPIES -You may Incur an additional charge for transaction
summary/sale draft documentation.
20. COPY RECEIVED -You acknowledge rocelpt of a copy of this Agreement.
21. ILLEGAL TRANSACTIONS PROHIBITED -You agree that you will not use
your card for arty transaction that is illegal under applicable federal, state, or local law.
22. NO USE -Inactive Visa accounts that have no purchase or cash activity may
be clamed without notk:e to you after 18 months of no activity.
23. NEURAL NETWORK -PSECU uses neural network systems to predict and
prevent unauthorized transactions. There rttay be occasions when a transaction is
declined because It is indicative of poss3tle fraudulent activity.
in this Agreement shall be subject to the rules and regulations of each account
which is accessed t>y such Card.
2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WRH ATM CARD
You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM Is an automated
taller. tt can and will perform many of the same tasks as a human teller. You
acknowledge that the Personal Identification Number or PIN which you use with the
ATM CARD Is your signature, identifies the bearer of the Card to the STAR
SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and
validates the directions given just as your actual signature and other proof identify
you antl authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts iha ATM CARD for a Purchase
transaction may have an electronic terminal (Merchant operated or Seff-Service)
which requires the use of your PIN and wheh your PIN is used at a Merchant's
terminal, it will authenticate and validate the directions given just as your actual
signature will authenticate and vslidate your directions given to us. You arJtnowledge
that your PIN is an identification code that is personal and confidential and that the
use of the PIN with the ATM CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LIABILITY FOR UNAUTHORI2EDTRANSACTIONS -You agree to contact us
at once if you believe the ATM CARD(s) issued to you or PIN Has been Post or stolen
or money is missing from your acccurt(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
i lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARO(B) and PlN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
i BEHALF AND YOU WILL BE RESPONSIBLE FOfl ANY USE OF THE CARD(s) BY
THEM. You could loss all your money in the account(s) it you take no action to notify
PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
i Identification Number (PIN), oo not tell or disclose your PIN to any othor person. Oo
not write your PIN on your ATht CARD. Do not keep a wntten record of your PIN near
your ATM CARD. Do not choose a PIN that is easily identifiable.
• _ __ _
__ __~ _ _
_._ _ ~ _
' J=,(p,"~onic~pltds_7f~!is/er,.A.Thi.Agreernent__and l3@gulat/on_"E='_Ois~losurg
(continued)
A r.ew card may be ordered for you at that time and a "hold` will bs placed on your
old card. After such time, if you find your o!d card, destrcy the ofd card by culling it
in half. II you attempt to use your old card, it will not work.
4. CHARGES -Vou agree to pay a 50 cent cnarge for each depositor withdrawal
! exceeding 15 a month. You agree to pay the 50 cant penalty charge on any cash
s disbursement transaction (loan advance or share withdrawal) that is less than S20.
i You ag fee to pay a 25 cent charge on each balance inquiry. You may incur a charge
j for anyad}ustment that needs to be made to your account resulting from an ercor
you made while making a deposit of an Automated Teller machine (ATM). You agree
to pay the charges or transaction tees which are charged by us for theca services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
5. DEPOSITS -Vou agree that when you make a deposit at a STAR SYSTEMS
ATM that we Rave the right to verify the deposit before we make the money available
to you. if you deliver cash, checks or other items to a STAR SYSTEMS ATM, you
understand and acknowledge that the funds from your deposit may not be available
for immediate withdrawal and that the availability of your deposit shall depend on our
! rules and regulations regarding the particular account in which you are making a
I deposit, the kerns that you era depositing and whether the deposit is made at a
STAR SYSTEMS ATM that is owned by us or another finandal institution. You also
understand and acknowledge that not atl STAR SYSTEMS ATMS may accept
deposits and same STAR SYSTEMS ATMS may limit the amount of lands which
may be deposited and that we may not controt these limits.
6. LIABILITY - if the ATM CARD is Issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement for
such accourrt. 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 b you from suds 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,
i! the lands in your account(s) are insufficient at such time, you wilt promptly pay to
us any amount of such funds which are not collected.
7. AMENDMENT OFTHlS AGREEMENT-You agree that from time to time we
may amend or change the terms of this agreemerl including amendments or
j changes b add further ATM CARD services or to amend or change the charges for
these services. We may do so by notifying you in writing of such amendments or
i changes and your use of the ATM CARD after the effective date of any such
i amendment or change shall constitute your acceptance of oral agreement to such
. amendment or change.
8. OWNERSHIP -You agree that the ATM CARD is our property and you will
surrender it to us upon our request. You agree that the ATM CARD is non-
trans}arable.
9. DISCLOSURES--You heretry acknowledge receipt of the discbsure statement
informing you of your rights under the Electronic Funds Transfer Ad and a copy of
this Agreement.
REGULATION "E" DISCLOSURE
1. ELECTRONC CHECK CONVERSIONlELECTRONIC RETURNED CHECK
FEES - tf you pay for something with a check or share draft, you may authorize it
to be converted to an electronic fund transfer. You may also authorize merchants to
electronically deb}l your account for returned disdktaes.You are considered to have
authorized these electronk: funds transfers if you complete the transaction attar
being toil (oraly or by a notice posted ar sent to you) that the transfer may be
processed electronbatly or N you sign a written authorization. ,
2. SUMMARY OF CONSUMER LU-BILITY -
• ATM, ACM end SST - Teii us at once if you believe your card has been bat
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 a( credit. If you
believe your card has been bat or stolen, and you tell us within two txuiness days
after you learn of the loss or theft, you can lose no more than 550 H someone used
your card without your permission.
If you do not tell us within two business days aher you learn of the loss or theft of
your card, and we can prove we could have stopped someone from using your card
wittwut your permission if you had told us, you could lose as much as 5500.
Also, if your statement shows transfers that you did not make, tell us at once. If
you do not tell us within 60 days after the statement was mailed to you, you may
nut get back any money you lost after the 60 days if we can prove that we could
have slopped someone from taking the money ii 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
f will extend the time periods. j
! 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS -
• ATM -Contact PSECU at (800) 237-7328 EXT 3806 (nationwide) or (717)
234-8484 {in Harrisburg). After hours, follow the menu opt{ons on PSECU's '
voice mail system to report a lost or stolen card. For Visa Credit or Debit '
Cards, follow the directions tor. Lest Ciard Notification mroer the Visa Credir
Card Agreement and Truttt-in-Lending Disclosures section of this document.
• ACH and SST -Contact PSECU at (800) 237-7328 (natior+.wide) or (717)
234-8484 (in Harrisburg). ,
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106•.'013
PSECU Business Hours:
8:00a.m.-5:00p.m.M-F
TDD (800) 472-1967 PJationwide
(717) 777-2100 in Harrisburg
4, FINANCIAL INSTITUTION'S BUSINESS DAYS -
• ATM, ACH and SST - PSECU's Business Days are Monday through Friday,
Holidays not included.
5. TYPES OF ELECTRONICTRANSFERS ACONSUMER MAY MAKE --
• ATM -Balance inquiries an checking, savings and PSL; withdrawals from
checktngisavinga; cash advance from PSL; deposits to checking/savings;
purchase goods and services at any accepting retail estabiisttment,
• ACH - Preautttortzed debits and credits to checking and savings.
• SST - Balance inquiries and transaction histories on all share, certificate and
loan accounts: transfers from any share to another share or loan account from
your PSL to any share or loan account; withdrawals from any share except
IRA shares or certificates.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
• ATM -Fifty cents for each disbursement (cash advance or withdrawal) Isss
than S20; fifty cents for each transaction over 15 per month; 25 cant for each
balance Inquiry; and there may be an additional charge for any adjustment
that needs to be made to the account of any member who snakes an error
while depositing at an Automated Teller machine (ATM).
• ACH - $3D service charge for insuffclent funds for each electronic transfer.
• SST -none
7. SUMMARY OF CONSUMER'S Rit3fi7 TO RECEIVE DOCUMENTATION OF
EFTS -
• ATM -You are entitled to receive a printed rek~ipt at the time of each
transaction. You will receive a monthly statement sftowtrtg the status of your
account, any transactions made during the month, arld arty 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 arcanged to have a direct deposit made to your amxunt 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.
8. STOP PAYMENT R1GHT3 -PRE-AUTHORIZED TRANSFERS -
• ATM and SST -Not applicable.
• AGH -Right to Stop Payment and Procedures for doing so. 11 you have told
us in advance to make regular payments out of your atacount, you t;~trt stop
any of these payments. Ware's how: Call us at (800) 237-7328 (Natkxtwide)
or (717} 234-8484 (Harrisburg) or write us at Pennsylvania State Employees
Credft Urtion, P.O. Box 67013, Harrisburg, PA 1710&7013, In time for us to
receive your request three business days or more before the payment Is
scheduled b be made. If you call, we may also require you b put your request
in writing and gat R to us within 14 days after you call.
• Notlet of Varying Amounts. it these regular payments may vary In amount,
the person you are going to pay wl6 teq you, 10 days before each payment,
when it will be made and how much tt will be. You may choose Instead b get
this notice only when the payment would dtfter by more than a certain amount
from the previous payment, or when the amount would tali outside certain
limits that you set.
• LIablHty for Failure to Stop Payment of Presuthorhed 1'ransfan. If you
order us to stop one of these payments three business days or more before
the transfer fs scheduled, and we do not do so, we will be fable for your losses
or damages, unless we request and do not receive written confirmation of an
oral stop payment within 14 days and the transfer takes place after 14 days,
or you fail to give us proper instructions that would enable us to place the stop
on the transfer.
9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAIN TRANSFERS -
• ATM - If PSECU falls to complete a transaction on Lune or in the coned
amount, when propery instnrcted by you, PSECU will be liable for damages ~
caused tsy our failure unless: (1) there are insufficient funds in your account b
complete the transfer; (2} the funds in your account are unco6ected; (3) the
funds are subject to legal process; (4} the transaction you request would exceed
the funds in your account plus any available overdraft protection; (5) the STAR
Systems, PLUS system has insufficient cash to complete the transaction; (6)
your card has been reported lost or stolen and you are using the reported card;
(7] PSECU has reason to believe that the transaction requested is
unauthor(zed; (B) the failure is due to an equipment breakdown that you know
about v+hen you started the transaction at the STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control; (10) if you attempt to complete a transaction that,
_ at a STAR Systems, PLUS System, or merchant terminal that is not a
f=1~(I / oils 7rar~sJgO,,gTM Agrggmg_nf.af7cf~iegul,3t)q~."~° DiSdosyre
(continued)
permissible trartsac6on listed above; or, (t t) the transaction would exceed the,
i security limitations on the use of your ATM CARD.
I ACH and SST - If PSECU fails to complete a transaction on time or in the
correct amount, when properly instn,ctad by you, PSECU wdl be liable for
j damages caused by our failure unless: (1) there are insui tcient funds in your
account to complete Lhe transfer; (2) the funds in your account are
uncollected; (3} the funds are subject to legal process; (4) the transaction you
I ret)uest wauid exceed the funds in your account plus any available overdraft
i 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
j catastrophe, or by another cause beyond control. in arty case, PSECU shall
i be Liable only for actual proven and not consequential damages if the failure
to make the transaction resulted from a bona fide error despite PSECU's
l procedures to avoid such errors.
i 10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SSt -PSECU will disclose information about your account to
third parties: (1) when tt 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 govemment agency or court
orders; (4) in accordance with your wrihen permission; (5) to comply with
government or administrative agency summonses, subpoenas, or court
orders; (6) on receipt of certiticatfon from a Federal Agency or department
that a request for information is to compliance with the Right to Financial
Privacy Act of 1978; Regulation P, Privacy at Consumer Financial Information;
and (7) when it fs necessary to take legal action to recover shares.
11. STAR SYSTEMS SERVICES -
• ATM Only -You may use your ATM CARD with your Personal Identffication
Number (PIN) at STAR SYSTEMs located in Delaware, Maryland, New
Jersey and Pennsylvania to t~nduct any of the following transactions for the
# accounts accessed by your ATM CARD.
i a) getermine the account balance(s) of your Checking your Regular
i Shares, and your Personal Service Loan (PSLy.
b) Withdraw cash from your Checking and your Regular Shares.
c} Make a cash advance from your Personal Service Loan (PSL).
d) Deposit currency, chedts, or drafts (coins are not acceptable) for
iransm'tssion to PSECU for deposit in your Checking and your Regular
Shares.
NOTE: There are limfted locations in Maryland where deposits may be made.
We wish to Inform you that some ATMs located in These areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not ell ATMs may axept deposits. There may also be limits on the amount of
funds which you may deposit fn certain ATMs.
12. PLUS SYSTEM• SERVICES -
• ATM Only -You may use your ATM CARD with your Personal Identification
i Number {PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico,
Canada., Great Britain and Japan to conduct any of the following transactions on
the accounts accessed by your ATM CARD.
II a) Determine the account balance(s) of your Checking, your Ragutar
Shares, and your Personal Service Loan (PSL).
i b) Withdraw. cash From your Checking and your Regular Shares. ,
1 c) Make a trash advartCe from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These era the STAR SYSTEMs servkes currentty avat'lable through the PLUS
SYSTEM network. Other services may be offered in the future.
13.OTHER ATM NETWORK ACCESS -
• ATM Oniy -From time io lima, PSECU may make arrangements with other
ATM networks to grant access to ATM CARDS. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also tie described.
14. PURCHASE TRANSACTIONS -
j ATM Only -You may use the ATM CARD to purchase goods and services
i ('Purchase') at any retail establishment (`Merohant') where ATM CARDS are
i accepted by such Merchant. The amount of all such Purchases wilt be
detlucted from your Checking. When you make a Purchase using the ATM
CARD, you will be requesting PSECU to withdraw funds from your Checking
s in the amount of the Purchase and directing PSECU to pay these funds to
1 such Merchant.
j 15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
i ATM Only -You may withdraw up to S500 par day from one or a combination
i of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMs or PLUS SYSTEfr1 ATM. In addition. you may
E withdraw!purchase up to 5500 2t point of s21e locations. PSECU reserves the
-__-
nght 'o reduce this Caily rim+t at any !:rre. In the evert that your dairy lima is
less than 5500, PSECU will advise ycu of the new Imitation. rho day for i
withdrawal limits starts at 12 midnight each day and reds at t2 midnight the j
next day. For security purposes. there are also curtain daily lirn~tations on the i
frequency of use of the ATf•,1 CARD. Hov:over, !hose limitations are not
revealed for security reasons. Tha Pennsylvania State Employees Credit
Union is not obliged to maintain such limitations. I
You will be denied use of your ATM CARD if you exceed the daily
withdravrei/purchase limit, ff you do not have adequate funds available in your
account, do not enter the correct Personal Identification Number (PIN}, or
exceed the frequency of usage limitation. The receipt provided by the STAR
SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will notify you of the
denial. There is a limit on the number of such denials permitted. Attempts to
exceed the limit will result in machine retention of our ATM CARD. The number
of attempts that result in machine retention is not revealed for security purposes.
16. ERROR RESOLUTION PROCEDURES -
• ATM, ACH and SST - In Casa of errors or questions about your transactions:
Direct inquiries to PSECU at ($00) 237-7328 Nationwide, TDD (800) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 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 attar
R sent you the first statement an which ttte problem or error appeared. You
must provide the following information: (a) Your name, account number, and
ATM CARD number (if a ATM transaction), or reference number (if 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 sand your complaint or quostion in writing
within 10 business days. PSECU will tell you the results of the irrvestigation
within 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT OEBfT/CREOR TRANSACTIONS, or 20 daytt for
STAR SYSTEMS purchase transactions. If we need more time, however, we may
take up l0 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, m DIRECT DEBITICREOIT TRANSACTIONS or 90 days for
STAR SYSTEMS purchase transactions. It PSECU decides to do this, it will
recred'rt your account wi#tin 10 twsiness days br the amount you think is in error
if ff is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, a
DIRECT OEBIT/CREDIT transaction, or 20 bustrtess days if it is a STAR
SYSTEMS purchase transaction. You will have the use of the money during the
time it takes to t~mplete the investigation. M PSECU does not receive your
complaint or questlon in writing within 10 iwsiness days, PSECU may not
recredit your account If PSECU decides there is no error, you wiq he advised
within three twsiness days attar the investigation is completed. You may ask for
copies of the documents PSECU used in the investigation. If PSECU credits
your account while investigating, you must repay those funds if PSECU
concludes rto error has occurred.
17. ATM SURCHARGE - If you use an ATM that is not operated by us, you may be
charged a tae by the ATM operator and try any national, regional or kx;al network
used in processing the transaction (and yrou may be charged a fee for a balance
inquiry even if you do not complete a fund transfer). The ATM surcharge will be
debited hum your akxwunt ff you elect to complete the tn?;rtsaction.
Natice7o Consumers Using ATM's
• Be alert to your surroundings. If you doubt the safety of a particular location,
Choose another ATM.
• tf the ATM has an entry door, close the door prior to initiating your transaction.
• Put you(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 AGAINSTTHE SELLER OF
GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Pennsylvania State Employees Credit Union I Case Number
vs.
Sandra P. Tran 2008-2263
SHERIFF'S RETURN OF SERVICE
08/02/2010 07:26 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 2,
2010 at 1926 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Sandra P. Tran, by making known unto herself personally, at 219 S. 18th Street,
Apartment 1, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $41.94
August 03, 2010
~~
.~
RYAN BURGETT, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, TeleosoR, Inc.
FlP6-'-CE
7D ..9 P4 2: 09
CUIu .:- :j ..,C)UNTY
PENNSYLVANfA
BARLEY SNYDER LLC
Keith Mooney, Esquire
Court I.D. No. 74001
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
(610) 898-7155
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
SANDRA TRAN,
ndant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 08-2263
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union and
against Defendant Sandra Tran for want of an answer in the amount of $10,483.65 plus interest
and costs of suit.
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to
be due in the complaint and is calculable as a sum certain from the complaint.
( ) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify
that a copy of this praecipe has been mailed to each other party who has appeared in the action or
to his/her Attorney of Record.
4I4.oo PQ Am%(
0# ua?f7aa
a4'74q 7
No4ice M"4
30093881
08-2263
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.
(X) Pursuant to Pa. R.C.P. 237. certify that written notice of the intention to file this
BARLEY SNYDER LLC
Date:
By:
Keith Mooney, Esquire
Court I.D. No. 74001
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
(610) 898-7155
NOW, 2010, JUDGMENT IS ENTERED AS ABOVE.
Prothonotary/Clerk, Civil Division
By: F),
J
Deputy
30093881
08-2263
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
CARLISLIE, PA
TO: Sandra Tran
Defendant
YOU ARE HEREBY NOTIFIED that Pennsylvania State Employees Credit Union has
caused a judgment by default to be entered against you with the Prothonotary of Cumberland
County. The judgment was entered on -gig /10 , to No 08-2263 with the
Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount
of $10,483.65, plus costs of suit.
By:
30093881
PR ()TH(_1N()T A R V
08-2263
BARLEY SNYDER LLC
Keith Mooney, Esquire
Court I.D. No. 74001
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
(610) 898-7155
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 08-2263
SANDRA TRAN,
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
: ss
Before me, the undersigned authority, personally appeared KEITH MOONEY,
ESQUIRE, who being duly sworn according to law, doth depose and say that Sandra Tran, the
Defendant, is not in the Military or Naval Service based on the following facts:
Age of Defendant:
Last known place of employment:
Last known residences:
SWORN TO and subscribed before me
this day of September, 2010.
unknown
unknown
219 S. 18th St. Apt. 1
Camp Hill, PA 17011
Notary Public
30093881
08-2263
BARLEY SNYDER LLC
Keith Mooney, Esquire
Court I.D. No. 74001
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
(610) 898-7155
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
SANDRA TRAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 08-2263
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
ss.
Kelly Cunneen, Paralegal, being sworn according to law, deposes and says that she
served a true and correct copy of the 10-day Default Notice upon Sandra Tran at 219 S. 18th St.
Apt. 1, Camp Hill, PA 17011 by regular mail on August 24, 2010 at 5:00 p.m.
Sworn to and subscribed before me
this day of , 2010
Notary Public
BARLEY SNYDER LLC
By:
Kelly Cunnee Paralegal
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
(717)-399-1528
29922461
08-2263
BARLEY SNYDER LLC
Keith Mooney, Esquire
Court I.D. No. 74001
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
(610) 898-7155
ndant
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
SANDRA TRAN,
To: Sandra Tran
Date of Notice: August 24, 2010
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 08-2263
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH
29922461
08-2263
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
BARLEY SNYDER LLC
By:
Keith Mooney, Esquire '
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
Court I.D. No. 74001
50 North Fifth Street
P.O. Box 942
Reading, PA 19603-0942
610.898.7155
29922461