HomeMy WebLinkAbout08-4670IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. O$ - 4(v'70 Civil Term
CREDIT UNION,
Plaintiff
VS.
JAMES F DOUGHERTY
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 Street
Carlisle, 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.
JAMES F DOUGHERTY
Defendant CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Num. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACI6N ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
JAMES F DOUGHERTY
Defendant
NO. Of- Y4
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, James F Dougherty, is an adult individual with a last known address
of 1404 Walnut Street, Camp Hill, PA 17011-3966.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a Visa loan.
5. The application submitted by Defendant was approved by Plaintiff.
6. Pursuant to the Loan Activation Notice, 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 Loan Activation is attached
hereto, incorporated herein and marked as Exhibit "A". 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»
8. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit B".
9. Various charges and payments were made by Defendant on the account.
10. Defendant has defaulted on the loan by failing to make timely and regular
payments.
11. The last payment made by Defendant was on May 15, 2007.
12. Defendant is required under the contract to make regular and timely payments.
13. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
14. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
15. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
16. Despite plaintiffs reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan
account balance, all to the damage of Plaintiff.
17. As of July 31, 2008, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Twenty Thousand Six Hundred Twelve Dollars and 97/100
($20,612.97).
Document #: 180057.1
18. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on
the principal loan balance.
19. Due to the default of the Defendant and pursuant to the terms and conditions of
the Contract attached as Exhibit "B", Plaintiff is entitled to be reimbursed for all costs and
expenses, including reasonable attorney's fees incurred in bringing any action.
20. For purposes of this action, Plaintiff believes, and therefore avers, that One
Thousand Four Hundred Twenty-Five Dollars and 00/100 ($1,425.00) constitutes reasonable
attorney's fees. However, Plaintiff recognizes that it is restricted by law to those attorneys' fee
that are actually incurred. If those fees are less than the aforegoing amount, Plaintiff agrees to
adjust its demand for attorneys' fees, if applicable, at the time of payment on any judgment is
made.
21. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
22. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
Document #: 180057.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
James F Dougherty, in the amount of Twenty-Two Thousand Thirty-Seven Dollars and 97/100
($22,037.97), 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 . 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: t-1-9V
Title:
??p ??e c fl cuzSa?l gg??
Date: ? t ?0?
EMMIT «As,
i
......... .
Loan information
iEKYICE LOAN AND VISA
August 17, 2005
Approval Amount: $20,000.00
Home Telephone #:
AUG 1 8 2005`
Ref #: 479858 598
Account # : ;0780
Work Telephone #:
I acknowledge receipt of the PSECU LOANLU MR Disclosure and Credit Agreement and agree to be bound
by the terms set forth in s ' a e t.
7 1,05r
Signs f AMES F DOU TY Date
Applicant: JAMES F DOUGHERTY
Personal Service Loan Options
• I would like an immediate Personal Service Loan advance of $ Purpose:
Send a ? check or ? deposit to my Share 4
Select your Personal Service Loan repayment option.
? Automatic Transfer from PSECU account ? Homebanking ? Payroll deduction
? Direct Payment from another financial institution ? Self Service Telephone
• For overdraft options, complete the enclosed Overdraft Transfer Service sheet and return it with your Activation Notice.
VISA Options
I would hike an immediate VISA advance of $ . Purpose:
Send a ? check, or ? deposit to my Share 4
mtmutwm amount ? alternate payment amount of $ ? previous month's balance
? Mail a payment monthly by the 25th.
You must select your VISA loan repayment option.
? Transfer on Pay Day (select one): ? minimum amount ? alternate payment amount of $
? Tra
nsfer automatically frorn PSECU account on the 25th of each month (select one):
r-I
• For overdraft options, complete the enclosed Overdraft Transfer Service sheet and return it with your Activation Notice.
• You may have one additional card issued on your VISA account. Indicate your choice below:
13
Please issue an additional card in the name below. I authorize himTher to use it and I accept full responsibility for all chutes and/or cash advances just as
though I made them. Authorized card holders may not order replacement cards or obtain VISA account information (i e. detailed transactions, balance
intbrmadon, payment actinvity). JAMES F DOUGHERTY must sign below.
V f?U
Name of Authorized Holder -? Signature of JAMES F DOG RTY
SCANNED
Exhibit "B"
PSECO Pennsylvania State Employees Credit Union
P.O. Box 67013 1 Harrisburg, PA 17106-7013 • (717) 234-8484 Harrisburg, (800) 237.7328 Nationwide
the financial links
Loan Disclosures
i This LQANLINER$ 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
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 rats 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 all 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 subaccounL You may repay all
or part of what you owe at any time without any prepayment penalty. Even if you
prepay, you will stilt 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 wID 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 We 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 Pharr. If 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 shharedraft 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.
CCU .'A MUTUAL GROUP. IMO. 82. 84. 86. 89. 98. 99,20M, 01, 02,03 D4, 05. ALL R WS RESERVED interest on the entire balance. If you elect credit insurance, your payments may
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 muRiplied 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 M¢nich
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 security for the Plan all shares and dividends and, it
any, all deposits and interest in all joint and individual accounts you have with us
now and in the future. It a specific dollar amount is pledged for an advance, we will
freeze shares in that account to the extent of the outstanding balance for the
advance. Otherwise, your pledged shares may be withdrawn unless you are in
default The following paragraph applies in all states except in Ohio, Rhode
Island and Massachusetts: We have a statutory 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 it our name does not include the term "Federal Credit
Union 1 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 defautt
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 taw 0 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 "Outer 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 optional
under the Plan. if you quality for and purchase the insurance from us, you authorize
us to add the insurance premiums monthly to your loan balance and charge you
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 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. H 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 wip promptly give us
written notice If you move, change your name or employment, or If any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial information.
DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas,
Aleirre 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 paymertt, performance, or realization on any property given as security
is significantly impaired.
Trio following paragraph applies only to borrowers in Wisconsin: You will be in
default if you tail to make a payment when due two times during any 12 month
period. You will be in default If breaking any promise made under the Plan materially
Impairs your ability to repay what you owe or materially impairs the condition, value,
or protection of or our right in any property you gave as security.
The following paragraph applies only to borrowers in lolls: You will be in
default If you are more than 10 days late in making a paymenL 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, 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 also 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, Ahwaachusetts, Missouri,
Afebresks, South Carolfna and West Wrglnia: 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 Wowing paragraph applies to borrowers In all other states except Wisconsin
and LoulWens: When you are in default, we can require immediate payment
(acceleration) of the entire unpaid balance under the Plan. You wane any right you have
to demand for payment, notice of intent to accelerate and notice of acceleration.
The follow ng 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 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 motor vehicle or twat, you agree that we may
CPSMOI PSECU FORM $3146
JBXX0SOI.2 0374092.1 (3/05)
LOANLiNER' Credit and Security Credit Agreement (continued)
obtain a key or other device necessary to unlock and operate it, when you are in
default. Vie will not be responsible for any other property, rot covered by this
i 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.
After we have possession of the property, we can sell it and apply the money to any
amounts you owe us. We will give you notice of any public disposition or the date after
which a private disposition will be held. Our expenses for taking possession of and
selling the property will be deducted from the money received from the sale. Those
costs may include the cost of storing the property, preparing it for sale and attorney's
fees td the extent permitted under state law or awarded under the Bankruptcy Code.
You must pay any amount that remains unpaid after the sale money has been applied
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, if applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The following paragraph applies only to Wisconsin borrowers. When you are in
default and after expiration of any right you have under applicable state law to cure your
default, we may require immediate payment of your outstantSng 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 item 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
j the applicable interest rates in effect unless a detauft rate is disclosed on the
Addendum. If a demand for immediate payment has been made, the shares and
deposits given as security for the Plan can be applied towards what you owe. We
can also exercise 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 nl/nols: We have the right to change the terms of the Plan from
time to time attar giving you any advance notice required by law. Any change to the
interest rate or other charges w6 apply to future advances.
The following paragraph appfhs 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 terns under the Plan. We can cancel the entire Plan or any part of the
Plan at any time. You may cancel the Plan at any time by giving us prior written
notice. Your obligation to pay the unpaid balances under the terms of the Plan
continues whether you or the credit union cancel the Plan, except to the extent that
your liability is limited by Section 422.4155 of the Wisconsin Statutes.
The following paragraph applies only to borrowers In lowa: We can change the
1 terms of the Plan from time to time after giving you any advance notice required by
law. A change that increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otherwise adversely affects existing
balances will apply to existing balances only it you agree to the change or you use
the Plant after receiving notice that your use of the Plan means you agree the
change applies to existing balances.
The following paragraph applies to borrowers in all other states: We have the
right to change the terms of the Plan from time to time after giving you any advance
notice required by taw. 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.
j The following paragraph applies to aft but Wisconsin borrowers: An increase in
i the daily periodic rate under a variable interest rate is not considered a change in
terms under the Plan. We can cancel the entira 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 the
ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of the Plan, you agree that this Plan
will continue to protect us.
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 agreement is a final expression of
the agreement between you and the Credit Union. This written agreement may not
be contradicted by evidence of any oral agreement.
The fo(towlirp is required by 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 LENDER 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
accessions. Accessions are things which are attached to or installed in the property
now or In the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling
the property or from insurance you have on the property. If the value of the property
declines, you promise to give us more property as security if asked to do so.
WHATTHE 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,
except any loan secured by your principal residence. It 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 defier 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.
tf you do not pay the taxes or lees on the property when due or keep it insured, we may
pay these obligations, but we are not required to do so. Any money we spend for taxes.
fees or Insurance will be added to Ure 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 payrnarMS 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
outer borrowers have complied 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 cornpWa payments to us and (2) the cost of detemtinirtg compliance
with the Insurance requirements. It we add amounts for taxes. tees or insurance to the
unpaid balance of an advance, we may Increase your payments to pay the amount
added within the tarn 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 - If your state issues a title for the
property, you promise to have our security interest shown an 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 - Unfit the Advance has been paid off, you promise you will:
(1) Use the property carefully and keep it in good repair. (2) Obtain our written
permission before making major changes to the property or changing the address
where the property is kept. (3) Inform us in writing before changing your address. (4)
Allow us to inspect the property. (5) Promptly notify us if the property is damaged,
stolen or abused. (6) Not use the property for any unlawful purpose. (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 default. The notice will be mailed to the addreSS you
gave us. It is your responsibility to notify us if your address changes. The maximum
penalty for unlawful failure to return a motor vehicle is one year in prison 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 for any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. If you think your statement is wrong, or if you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your 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 meats 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 untcl the card is recovered You cannot disclaim
responsibility by notifying us, but we will dose the account for new transadlons it you
so request and return all cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or other court judgment to which we are
not a party may direct you or one of the other persons responsible to pay the account
2 LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (717) 234-8484 or (800) 237.7328. After
hours call (800) 556-5678.
3. LIABILITY FOR UNAUTHORIZED USE -You agree to notify us immediately,
orally or in writing of the loss, theft or unauthorized use of your Credit Carol. 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 tine 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 Una. Each
payment you make on the account will restore your Credit Une by the amount of the
payment which Is applied to the principal. You may request an Increase in your Credit
Lure 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 Una from time
to time, or with good cause, revoke your card and terminate this Agreement. Hood
cause includes your }allure to comply with this Agreement or any other agreement with
us, or our adverse reevaluation of your creditworthiness. You may also termvnate 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 Itansactions on your
account, the remaining credit available under your Credit Una, the New Balances of
purchases and cash advances, the Total New Balance, the Finance Charge due to date,
and any other billed foes, 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 I
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 ?
Mart the Minimum Payment, or pay the Total New Balance in full, and you will reduce the ,
finance charge by doing so. M your monthly payment exceeds the total credit line balance
owed, we will automatically post the credit to your $1 shares.
The minimum payment will be (a) 2% of your Total New Balance, rounded up to the
next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total
New Balance exceeds your Credit Una, 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 trie amount you
question, including finance charges, and we can apply any unpaid amount against your
credit fimft. You do not have to pay any questioned amount while we are investigating,
but you are stilt obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a credit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right. (a) You must have made the purchase In your home state or,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
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 dosing 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 Dally Balance for Purchases - The Average Daily Balance for Purchase
Transactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in ft 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 inducted in the Average Daily Balance calculation for
purchases, and are therefore riot subject to the monthly periodic rate for purchases. The
Average Dally 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 amount that day. After applying payments
and credits, we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
account on that day or in any previous day in the billing cycle. This gives us the Daily
Balance for Cash Advance Transactions. Note: Cash Advances are always subject to
finance charges and from the day they are posted to your account
Payments are applied in the following manner: first to previous late fees, then to
previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the particular type of debt which is being credited, if any, and then
to the balance of your account.
Visa' Credit Card Agreement and Truth in Lend/n9 Disclosure (continued)
Note also that if the total of the payments and credits which are posted to your
account by the Payment Due Date Shown on a statement is equal to or exceeds the
New Balance shown on that statement, we will not apply the Monthly Periodic Rate
to your Account on your next statement.
S. DEFAULT - You will be In default if you fail to make any Minimum Payment
within 25 days after your monthly statement closing date. You authorize us to transfer
funds sufficient to make the minimum payment due if your Visa loan is in default. You
agree that we may temporarily suspend your ATM card access if your Visa payment
is due for a period exceeding 30 days. You will also be in default if your ability to
repay us is materially reduced by a change in your employment, an increase in your
obligations, bankruptcy or insolvency proceedings involving you, your death or your
failure to abide by this Agreement, or if the value of our security interest materially
declines. We have the right to demand immediate payment of your full account
balance if you default, subject to our giving you any notice required by taw. 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
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 - 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 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 wig 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 It 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.
112, FOREIGN TRANSACTIONS - The exchange rate between the transaction
currency and the billing clemency 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
data In each Instance, an adjustment may be assessed based on the ISA foe imposed
by Visa. This fee, 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 clWaoree 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 soceptance of the terms and conditions of this Agreement. You
understand that ATM is a credit-related service and you authorize PSECU to obtain
a credit report on any users of this account.
1. ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including
Checking and Regular Shares), which we set forth on your application form with this
Agreement. You hereby request that we issue to you one or more ATM CARD(s) to
be used in connection with such accounts as described in this Agreement.
You understand you may use the ATM CARD at a STAR SYSTEMS* ATM to (1)
withdraw cash from, (2) make of 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 SYSTENO name and logo (1) to make
withdrawals from, (2) effect transfers to or from, (3) receive Information regarding the
balances in your Checking or Regular shares. If you have a Personal Service Loan
approved and in place, you may also make a cash advance from your PSL. You further
understand you may use the ATM CARD to purchase goods and services
(`Purchase') at any retail establishment ('Merchant') where ATM CARDS are
accepted by such Merchant, if you use the ATM CARD to make a Purchase to obtain
cash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the
amount of such Purchase (including any cash received from the Merchant) from your
Checking Shares and directing or ordering us to pay such funds to the Merchant.
You request that we will provide to you such other services or access to other ATM
systems or networks using the ATM CARD which we may later make available and
which we advise you are offered in connection with your account(s) set forth on your
application form. You also understand that from time to time you may request in
writing that we provide access to additional accounts of yours through the ATM
CARD we have issued to you. You agree that the uses of the ATM CARD described
transaction, and have tried in good fain to correct the problem with the mercnant or
the charges are the result of unauthorized or fraudulent use, or your purchase cost
more than S50 and was made from a plan mercharI in your state within 100 miles
of your home, contact PSECU. You are required to notity PSECU in writing within o0
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 Code in any goods you purchase
through the account If you default, we will have the right to recover any of these goods
which we have not been pad for through our application of your payments in the manner
described in the Monthly Payment section. With respect to this account only we will not
assert any statutory right we may have if you are in default to prevent withdrawal of your
unpledged credit union shares (Deposits) below the unpaid balance of your account
However, if you ghre 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- It 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 LUAfT FEE -A $20 fee" be applied for each monthly statement dosing date
on which the otdstandrtg balance exceeds the assigned credit limit 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 law.
22. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be dosed without notice to you after IS 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
dedirtad because It Is Indicative of possible fraudulent activity
in this Agreement shall be subject to the rules and regulations of each account
which is accessed by such Card.
2. USE OF PERSONAL IDENTIFICATION NUMBER ('PIN') WITH ATM CARD
You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated
teller. It can and will perform many of the same tasks as a human teller. You
acknowledge that the Personal Identification Number or PIN which you use with the
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 and authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts the ATM CARD for a Purchase
transaction may have an electronic terminal (Merchant operated or Self-Service)
which requires the use of your PIN and when your PIN is used at a Merchants
terminal, it will authenticate and validate the directions given just as your actual
signature will authenticate and validate your directions given to us. You acknowledge
that your PIN is an identification code that is personal and confidential and that the
use of the PIN with the 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 UNAUTHORIZED TRANSACTIONS -You agree to contact us
at once it you believe the ATM CARD(s) issued to you or PIN has been lost or stolen
or money is missing from your account(s). You also agree that if your monthly
statement shows transactions which you did not make, and you do not contact us
within 60 days after the statement was mailed to you, you may not get any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACTON YOUR
BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY
THEM. You could lose all your money in the account(s) if you take no action to notify
PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do
not write your PIN on your ATM CARD. Do not keep a written record of your PIN near
your ATM CARD. Do not choose a PIN that is easily identifiable.
! Flgctronic F?nds__Trarzsfer_ ATM_Agreement_?gd _R_?u?ion_'E"Disclosure
I (continued)
A new card may be ordered for you at that time and a 'hold' will be placed on your
old card. After such time, if you find your old card, destroy the old card by cutting it
in half. If you attempt to use your old card, it will 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.
You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
j for any adjustment that needs to be made to your account resulting from an error
i you made while making a deposit at an Automated Teller machine (ATM). You agree
f 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 acknowledge that the funds from your deposit may not be available
for immediate withdrawal and that the availability of your deposit shall depend on our
rules and regulations regarding the particular account in which you are making a
deposit, the items that you are depositing and whether the deposit is made at a
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 severalty liable under the terms of this Agreement and the agreement for
such account. You agree that if you make deposits or payments to your account(s)
f with items ether than cash (checks, drafts or other items) and we make funds
It 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
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
amendment or change shall constitute your acceptance of and agreement to such
amendment or change.
4 8. OWNERSHIP - You agree that the ATM CARD is our property and you will
surrender H to us upon our request. You agree that the ATM CARD is non-
transferable.
9. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement
j informing you of your rights under the Electronic Funds Transfer Act and a copy of
this Agreement.
REGULATION "E" DISCLOSURE
t. ELECTRONIC CHECK CONVERSION/ELECTRONIC RETURNED CHECK
j 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
i electronically debit your account for returned check fees. You are considered to have
authorized these electronic funds transfers if you complete the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
2. SUMMARY OF CONSUMER 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 lost or stolen, and you tell us within two business days
4 after you learn of the loss or theft, you can lose no more than $50 if someone used
f!) your card without your permission,
it 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, 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
i have stopped someone from taking the money if you had told us in time.
If a goad reason such as a long trip or a hospital stay kept you from telling us, we
fj will extend the time periods.
f 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED I
TRANSFERS -
• ATM - Contact PSECU at (800) 237.7328 EXT 3808 (nationwide) or (717)
234-8484 (in Harrisburg). After hours, follow the menu options on PSECU's
voice mail system to report a lost or stolen card. For Visa Credit or Debit
Cards, follow the directions for Lost Card Notification under the Visa Credit
Card Agreement and Truth-in-tending Disclosures section of this document
• ACH and SST - Contact-PSECU at (800) 237-7328 (nationwide) or (717)
234-8454 (in Harrisburg).
j Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106.7013
PSECU Business Hours:
8:00 a.m. - 5:00 p.m. M - F
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 - 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 wfthdrawaQ 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, arry 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) 237-7326 to find out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS -
• ATM and SST - Not applicable.
• ACH - Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop
any of these payments. Here's hew: Call its 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 171W7013, 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 ft 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 Fiffure to Stop Payment of Preauthorized Tkmwfers. It you
order us to stop one of these payments three business days or more before
the transfer is scheduled, and we do not do so, we will be liable for your kisses '
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 properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (1) there are insufficient funds in your account to
complete the transfer; (2) the funds in your account are uncollected; (3) the
funds are subject to legal process; (4) the transaction you request would exceed
the funds in your account plus any available overdraft protection; (5) the 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
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
lt(Qniunds_TranslgrTht Agrggmen.t_ and._Regulstion__':E" Disclosure
(continued)
permissible transaction listed above: or, (11) the transaction would exceed the
security limitations on the use of your AT K11 CARD.
• ACH and SST - If PSECU fails to complete a transaction on time or in the
correct amount, when properly instructed by you, PSECU will be liable for
damages caused by our failure unless: (1) there are insufficient funds in your
account to complete the transfer; (2) the funds in your account are
uricollected; (3) the funds are subject to legal process; (4) the transaction you
request would exceed the funds in your account plus any available overdraft
credit; (5) PSECU has reason to believe that the transaction requested is
unauthorized; (6) the failure was caused by an act of God, fire, or other
catastrophe, or by another cause beyond control. In any case, PSECU shall
be liable only for actual proven and not consequential damages if the failure
to make the transaction resulted from a bona fide error despite PSECU's
procedures to avoid such errors.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will disclose information about your account to
third parties: (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 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 Persona) 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) W&idraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not avaltabole 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 S500 at point of sale locations. PSECU reserves the
right to reduce this daily limit at any time. In the event that your daily limit is
i less than $500, PSECU will advise you of the new Imitation. The day for
withdrawal limits starts at 12 midnight each day and ends at 12 midnight the
next day. For security purposes, there are also certain daily limitations on the
frequency of use of the ATM CARD. However, these limitations are not
revealed for security reasons. The Pennsylvania State Employees Credit
Union is not obliged to maintain such limitations.
You will be denied use of your ATM CARD if you exceed the daily
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 notity 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 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 Self-
Service Telephone Transaction); (b) Describe the error or the transaction you
are unsure about, and explain as clearly as you can why you believe it is an
error or why you need the information, and; (c) The dollar amount of the
suspected error.
if you tell PSECU orally, you must send your Complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for 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
recredft 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 td 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 it you do not complete a fund transfer). The ATM surcharge will be
debited from your account 0 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 AGAINSTTHE SELLER OF
GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOR RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04670 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE EMPLOYEES
VS
DOUGHERTY JAMES F
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
DOUGHERTY JAMES F the
DEFENDANT , at 0019:45 HOURS, on the 13th day of August , 2008
at 1404 WALNUT STREET
CAMP HILL, PA 17011
TTT n r,M nnnnTTT1
by handing to
ADULT SISTER OF DEFENDANT
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 15.00
Affidavit .00
Surcharge 10.00
.00
II
q loqjd4n n V43.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
08/14/2008
VAN ECK & VAN ECK
By:
epu y heriff
of A. D.
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp HIII, PA 17011
717-731-9502
mst@mtravislaw
Attomey for Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES) NO. 2008-4670
CREDIT UNION }
Plaintiff )
vs. 1
JAMES F. DOUGHERTY )
Defendant ) Civil Action Law
ANSWER TO
COMPLAINT
NOW COMES the Defendant, James F. Dougherty, by and through the
office of the below signed counsel, and answers the Complaint of PSECU as
follows:
1-9. Admitted on information and belief.
trial.
10. Denied. Strict proof of any default is demanded at the time of trial.
11. Denied. Strict proof of the last payment demanded at the time of
12. Admitted.
13. Denied. Defendant is without information to admit or deny this
averment, and the same is denied.
14. Denied. Defendant and his counsel are without a current schedule
of payments made and amounts of interest and other charges which the Plaintiff
claims are currently due.
15. Admitted.
16. Denied. Defendant has contacted Plaintiff's counsel to make
arrangements for payment, Plaintiff has failed to discuss terms.
17. Denied. Strict proof of the amount due on the loan is demanded at
the time of trial.
18. Admitted.
19. Denied. The terms of the contract speak for themselves.
20. Denied. Defendant denies that he agreed to pay the sum of
$1,425.00 in counsel fees. Proof of actual fees incurred is demanded at the time
of trial.
21. Denied. Strict proof that Plaintiff has complied with all applicable
laws, and terms of the contract is demanded at the time of trial.
22. Admitted.
WHEREFORE, Defendant James F. Dougherty prays this Honorable
Court to enter a judgment in favor of Defendant in an amount actually due, and
grant such other relief as the Court deems just and proper,r?.
ti-
ichael S. Travis
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Defendant
,i•
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES) NO. 2008-4670
CREDIT UNION )
Plaintiff )
VS. )
JAMES F. DOUGHERTY )
Defendant ) Civil Action Law
VERIFICATION
The statements made in this Answer are true and correct to the best of my
knowledge, information and belief. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S. Sect. 490 ating to unsworn
falsification to authorities.
Data: JAa >'g Izo°?
James
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES) NO. 2008-4670
CREDIT UNION )
Plaintiff )
vs. )
JAMES F. DOUGHERTY )
Defendant ) Civil Action Law
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served
on the below persons by first class U.S. Mail, postage prepaid:
Melissa L. Van Eck, Esquire
PO Box 6662
Harrisburg, PA 17112
/044
Attorney for Defendant
3904 Trindle Road
Camp Hill, PA 17011
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PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION,
Plaintiff
VS.
JAMES F DOUGHERTY
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
8676
NO. 2008-476W
CIVIL ACTION -LAW
STIPULATION OF JUDGMENT
AND NOW, come Plaintiff and Defendant, by and through their attorneys and stipulate
to the following:
1. On or about August 4, 2008, Plaintiff filed a Complaint against Defendant to the
above-referenced number.
2. Plaintiff and Defendant agree that the amount owed on this matter is Twenty-two
Thousand Thirty-seven Dollars and 97/100 ($22,037.97), plus court costs.
3. Defendant entered into an agreement with Plaintiff, hereby Defendant agrees to
make monthly payments in the amount of Two Hundred Dollars and 00/100 ($200.00), until this
matter is paid in full.
4. The parties agree that the first payment on said matter is due on or before
February 21, 2009, and all subsequent payments are due on or before the twenty-first (21) day of
each month, until this matter is paid in full.
5. Plaintiff hereby agrees to take no action on the judgment, as long as the
Defendant continues to make regular and timely monthly payments as indicated herein.
V.
6. Plaintiff shall waive statutory interest, as long as the Defendant continues to make
regular and timely monthly payments as indicated herein.
P
VAN ECK & VANE C.
v
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Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
s9u4 innate Koaa
Camp Hill, PA 17011
717-731-9502
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