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Home My WebLink About08-4918 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. HEATHER L BENOIST Defendant . NO. 0% - 4q18 Oiyt l rterK : 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 Carlsile, 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. HEATHER L BENOIST 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 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 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 Carlsile, 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. HEATHER L BENOIST Defendant NO. 6 7, 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, Heather L Benoist, is an adult individual with a last known address of 312 2nd Street, Enola, PA 17025-3207. 3. Defendant is, and at all relevant times material hereto has been, the primary loan applicant. COUNTI BREACH OF CONTRACT - AUTO LOAN 4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth. 5. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor vehicle. Document #: 180057.1 6. The loan application submitted by Defendant was approved by Plaintiff and Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated herein and marked as Exhibit "A". 7. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "A", Defendant agreed to the terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security Agreement (hereinafter referred to as "Contract"). A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B". 8. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 9. Various charges and payments were made by Defendant on the account. 10. Plaintiff provided a letter to Defendant stating that the vehicle purchased by Defendant was deemed repossessed. The letter further advises Defendant that unless payment in full was made on the outstanding loan balance, the said vehicle would be sold at a public sale and Defendant will be responsible for any resulting deficiency. 11. As a result of Defendant's failure to cure the default in payment, and pursuant to state law remedies, Plaintiff sold the vehicle at public sale. 12. Plaintiff provided a letter to Defendant indicating that there was a resulting deficiency after the sale of the vehicle. 13. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. Document #: 180057.1 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 August 14, 2008, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Four Thousand Five Hundred Ninety-Three Dollars and 33/100 ($4,593.33). 18. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 19. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "B", attorney's fees in the total amount of Nine Hundred Forty- Three Dollars and 67/100 ($943.67) have been added to the account. 20. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 21. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Heather L Benoist, in the amount of Five Thousand Five Hundred Thirty-Seven Dollars and Document #: 180057.1 00/100 ($5,537.00), plus interest, the costs of this action, and such other relief as the Court deems just and proper. COUNT II BREACH OF CONTRACT - SIGNATURE LOAN 22. Paragraphs 1 through 21 are hereby incorporated as if more fully set forth. 23. Defendant applied to Plaintiff for a signature loan. 24. The application submitted by Defendant was approved by Plaintiff. 25. 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 "C". A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit «D" 25. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "D". 26. Various charges and payments were made by Defendant on the account. 27. Defendant has defaulted on the loan by failing to make timely and regular payments. 28. The last payment made by Defendant was on June 5, 2007. 29. Defendant is required under the contract to make regular and timely payments. 30. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. Document #: 180057.1 31. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 32. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 33. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 34. As of August 13, 2008, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Three Thousand Five Hundred Forty-One Dollars and 08/100 ($3,541.08). 35. 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. 36. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "D", attorney's fees in the total amount of Seven Hundred Eight Dollars and 22/100 ($708.22) have been added to the account. 37. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 38. 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, Heather L Benoist, in the amount of Four Thousand Two Hundred Forty-Nine Dollars and 30/100 ($4;249.30), 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 unswom falsification to authorities. Pennsylvania State Employees Credit Union By. , Title: Date: ?14 6? EDIT «Ns f i LO MUNSO ADVANCE PROCEEDS VOUCHER AND SECURITY AGRE MENT i :HEATHER BENOIST 312 2ND STREET ENOLA, PA 17025 E' PSECO ??YY the financial AnkTM '?.IJ4 !!1f,? `` lY'?' ? ?.14fEfiSEF,?/lCf?l'2U14t9;? "'.`". ;•v: 3/22/2005-^8903559030 L10 uRPOSbealer Purchase I TRANSACTION TYPE 11. ? NEW LOAN 2 a LOOPEN-END AN ADVANCE 3 OTHER HOME (DESCRIBE) 4. ? EQUITY ADVANCE YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS ADVANCE CREDIT DISABILITY( INSURED WITH THE FOLLOWING COVERAGE YES ? N09 DAILY PERIODIC RATE ANNUAL PER- INTEREST RATE IS AMOUNT REQUESTS CHANGE IN TERMS ONLY) CENTAGE RATE + OTHER CHARGES .015041 5.490 F VAR" VARIABLE ?- q, ? 16,625. PAYMENT DuE DATE 271.57 4/21/2005 SINGLE CREDIT LIFE YES 0 No QX Pennsylvanla State Employees Credit Union P. O. Box 67013 Harrisburg, PA 17106-7013 (717) 234-8484 (800) 237-7328 M'?a i 00.01( ?--Vgzz-- UP 443350 JOINT CREDIT LIFE --???(( YES 0 NO [ ?]X 0.00 16,625.00 MONTHLY -r --pullu -to proceeds or Dy using the funds advanced and deposited Into your share/share draft account, you agree (1) that the property referenced above will secure the advance and any other advances you have now or receive in the future under the LOANLINtR• Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or In the future In accordance with the terms of the Plan and (2) to make payments as disclosed above to accordance with the terms of the Plan. 0 CUNA MWLAL OROUR 11000, 82, 84, 86.89, 08.09, 2000, 01, 04, ALL MONTS RESERVED PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM 03175 JVXX0100.1 037.2092.1 (4104) X SECURITY AGREEMENT In this agreement all references to Credit Union, we, our, or us means Pennsylvani State Employees Credit Union and anyone to whom the Credit Union assigns the Credi Agreement which will be referred to as the Plan. All references to you, your, and borrower mean each person who signs this agreement. All references to the advance mean the amount in the box labeled Amount Advanced. This is a multi-state document which may be used to lend to borrowers in all states except Louisiana and Wisconsin 1. THE SECURITY FOR THE LOAN - By signing this security agreement in the signature area or under the statement referring to this agreement which is on the back of the check you receive for the advance,. you give us what is known as a security interest in the property described in the Security Offered section on the reverse side. 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 refinancings 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. 2. WHAT THE SECURITY INTEREST COVERS - The security Interest secures 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.. 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. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the property or if this advance is to buy the property, you promise you will use the advance for that purpose. You promise that no one 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. 4. PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the 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. 5. USE OF PROPERTY- Until the advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our *ritten 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. 6. CONSUMERS' CLAIMS AND DEFENSES NOTICE - The fallowing paragraph applies only when the box on reverse side is checked. 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. 7. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Plan. You may purchase 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 -nay provide the property insurance through a policy you already have, or through a )olicy you get and pay for. You promise to make the insurance policy payable to us ind to deliver, the policy or proof of coverage to us if asked to do so. f you cancel your insurance and get a refund, we have a right to the refund. If the )roperty is lost or damaged, we can use the insurance settlement to repair the )roperty or apply it towards what you owe. You authorize us to endorse any draft or :heck which may be payable to you in order for us to collect any refund or benefits lue under your insurance policy. You also promise to pay all taxes and fees (like a registration fees) due on the property. t If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, e fees or insurance will be added to the unpaid balance of the advance and you will pay t 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 e insurance. We may monitor our loans for the purpose of determining whether you and k other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the 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 the advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE- If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 9. DEFAULT - You will be in default if you break any promise you make under this agreement. You will also be in default if you are in default under the Plan. If you are pledging property, but have not, signed the Plan, you will be in default if anyone is in default who has signed the Plan. 10. WHAT HAPPENS IF YOU ARE IN DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, h1ebraska, 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 require immediate payment of your outstanding balance under the Plan without giving you advance notice. The following paragraph applies to harrowers in all other states: When you are in default, we can require immediate payment (acceleration) of what you owe under the Plan and take possession of the property. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraphs apply to all borrowers: You agree the Credit Union has the right to take possession of the property without judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time and place we choose. We will not be responsible for any other property not covered by this agreement that you leave inside the property or that is attached to the property. We will try to return that property to you or make it available to you to claim. After we 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 sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Plan. If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the advance and to what you owe under this agreement. You agree to pay interest on that amount at the same rate as the advance until that amount has been paid. 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - We can delay enforcing any of our rights under this agreement any number of times without losing the ability to exercise our rights later. We can enforce this agreement against your heirs or legal representatives. If we change the terms of the Plan, you agree that this agreement will continue to protect us. 12. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by a court to be unenforceable, the rest will remain in effect. 13. 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. 14. 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 vear in orison anrilnr a fina of z1 5n nnn PennsylGania ' State Employees. Credit Union POBo. 6100 1Wu6.q,PA 11106.7013 . (717) 23444"..(#W) 237-7320 No. 4433500 AUTOORAFr` VOID OVER S 16,625.00 - REFERENCE, 8903559030 VOID 120 DAYS AFTER. 03/18105, PAY TO THE . ':? : \'ll:// : `::•' ?It 7 ?:. 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NOCO•APPLICANT? 5000 ?:2313B11.i6?:• 3i07581859u'.,.44 ,•;'0003662500x'. i s5a 31534 FJ32295 614 26 i ig0 ?)a ?liw?'211.1, 1 n a °6ia C; 14, Wit. ?m It'K9 c?nz0 iBIft.; 4 T. 0 0 Q a.ax?a9YyBKut r ? ? E alge.°E? } flue f Box 143134 unt a R? g g 43-21•G5• • 18114ti71T9? •I S?It??ig?° rrgIl36 ;f2al gaffg("I£it I Co XCH, gI? m 2 3?ap??i s JR!s#, jB oom y ! B ? qz i p?lg. :o° Exhibit "B" 'SEC* the financial linka Pennsylvatiria State Employees Crcwdit Union P.O. Box 67013 I Harrisburg, PA 17106-7013 • (717) 234-8484 Harrisburg, (800) 237-7328 Nationwide Loan Disclosures its LOANLINER° Credit and Security Agreement, which includes the Truth in coding Disclosures, will be referred to as the Plan. The Plan documents include this ireement and an Addendum. You, your and borrower mean any person who signs e Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit lion transfers its rights under the Plan. DW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We iticipate that, from time to time, you will borrow money (called "advances") under e Plan. We are not required to make advances to you under the Plan and can fuse a request for an advance at any time. The Addendum describes the fferent types of credit (called "subaccounts") available under the Plan, the current terest rate for each subaccount expressed as a daily periodic rate and )rresponding annual percentage rate and other charges. It may also have other rms and a schedule for determining the payment amounts. REDIT LIMIT - We may, but do not have to, establish a credit limit on certain ibaccounts. If a credit limit is set for a subaccount, you promise not to exceed the dablished credit limit. If you exceed the credit limit, you promise to repay tmediately the amount which exceeds the credit limit. EPAYMENT - You promise to repay all amounts you owe under the Plan plus serest. Payments are due on the last day of the month unless we set a different day the time of an advance. If the Addendum has no payment schedule for a ibaccount, your payment will be determined at the time of each advance, iyments must include any amount past due and any amount by which you have (ceaded any credit limit you have been given for a subaccount. You may repay all part of what you owe at any time without any prepayment penalty. Even it you epay, you will still be required to make the regularly scheduled payments unless e agree in writing to a change in the payment schedule. If you have a joint iaredraft account, you will be responsible for paying all overdraft advances )tained by a joint holder of the sharedraft account. Unless otherwise required by w, payments will be applied to amounts owed under the Plan, in the manner the redit Union chooses. LAN ACCESS - You can obtain credit advances in any manner authorized by us, If e allow you to use your ATM/Debit card to access the Plan, you may be liable for the iauthorized use of your ATMIDebit card. You will not be liable for unauthorized use at occurs after you notify us, orally or in writing, of the loss, theft, or possible iauthorized use, if you believe your ATM/Debit card has been lost or stolen, imediately inform the Credit Union by calling or writing us at the telephone number or idress that appears elsewhere in the Plan. If the card Is used to obtain unauthorized fvvances directly from the Plan, your liability will not exceed $60. If the unauthorized tthdrawaf is from a sharedraft account your liability is governed by the Regulation E sclosures you received at the time you received your ATM/Debit card, even if the fthdrawal results in an advance being made from your overdraft subaccount. INANCE CHARGE -The dollar amount you pay for money borrowed is called a inane charge" and begins on the date of each advance. A finance charge will be imputed separately for each separate balance under the Plan. To compute the lance charge, the unpaid balance for each day since your last payment (or since i advance it you have not yet made a payment) is multiplied by the applicable daily anodic rate. The sum of these amounts is the finance charge owed. The balance sed to compute the finance charge is the unpaid balance each day after payments id credits to that balance have been subtracted and any additions to the balance ave been made, In addition to interest, we may charge other finance charges giich ,e disclosed on the Addendum, If the interest rate is a variable interest rate, the ddendum explains how the variable interest rate works. ECURITY -You pledge as security for the Plan all shares and dividends and, If iy, all deposits and Interest in all joint and Individual accounts you have with us Dw and in the future. If a specific dollar amount is pledged for an advance, we will eeze shares in that account to the extent of the outstanding balance for the dvance. Otherwise, your pledged shares may be withdrawn unless you are in stault. The following paragraph applies in all states except in Ohio, Rhode land and Massachusetts: We have a statutory lien on the shares and dividends nd, if any, the deposits and interest in all individual and joint accounts you have with s and may exercise our rights under the lien to the extent permitted by state law. Me are state chartered if our name does not Include the term "Federal Credit nion ") For all borrowers: The statutory lien and/or your pledge will allow us 1 apply the funds in your account(s) to what you owe when you are in default. he statutory lien and your pledge do not apply to any Individual Retirement ccount or any other account that would lose special tax treatment under state or ideral law if given as security. dditional security for the Plan may be required at the time of an advance. If a .ibaccount identifies a type of property (such as "New Cars you must give that ,pe of property as security when you get an advance under that subaccount. A ubaccount name such as "Other Secured" means you must provide security cceptable to us when you obtain an advance under that subaccount. Property you ive as security will secure all amounts owed under the Plan and all other loans you ave with us now or In the future, except any loan secured by your principal dwelling. roperty securing other loans you have with us may also secure the Plan. 'RED(T INSURANCE - Credit life and/or credit disability insurance is optional nder the Plan. If you quality for and purchase the insurance from us, you authorize s to add the insurance premiums monthly to your loan balance and charge you CuNA MUTUAL GROUP. 1980, 92, 84, 86. 89. 98. 99, 2004 01. 02. M. 04, 05. ALL RIGHTS RESERVED' .. 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 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 - if 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 to cash. UPDATING CREDIT INFORMATION -You promise that you will promptly give us written notice 0 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 it 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 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 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 Wisconsin and Loulsiana: 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, 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 boat, you agree that we may CPSM01 PSECU FORM #3146 JSXX0601.2 097-2092.1 (3/05) COANLINER' Credit and Security Credit Agreement (continued) )btain a key or other device necessary to unlock and operate it, when you are in Jefautt. We will not be responsible for any other property, not covered by this kgreement, that you leave inside the property or that is attached to the property. We Nill try to return that property to you or make it available tot you to claim. kfter 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 Nhich 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 :osts may include the cost of storing the property, preparing it for sale and attorney's ees ta. 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 o 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 kddendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in 9efault and after expiration of any right you have under applicable state law to cure your iefault, we may require immediate payment of your outstanding loan balance under the 'Ian and seek possession of property given as security. You may voluntarily give the )roperty to us if you choose, or we may seek to take possession of the property by udicial process. If we repossess the property, you agree to pay reasonable expenses ncurred in disposing of the property. If the property is a motor vehicle, mobile home, ,railer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted )y Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains anpaid 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. I the property Is located outside Wisconsin at the time of default, we may take aossession of the property without judicial process, if permitted by the state where he 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 aalance 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 iemanded, you will continue to pay interest unfit what you owe has been repaid at he applicable interest rates in effect unless a default rate is disclosed on the kddendum. If a demand for immediate payment has been made, the shares and ieposits given as security for the Plan can be applied towards what you owe. We .an also exercise any other rights given by law when you are in default and our ights under any security agreements you have with us. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers in 1111nols: We have the tight to change the terms of the Plan from ime to time attar giving you any advance notice required by law. Any change to the nterest rate or other charges will apply to future advances. The following paragraph applies only to borrowers In Wisconsin: We can ,hangs 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 n the daily periodic rate under a variable rate interest rate is not considered a :hangs 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 ,ontinues 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 :erms of the Plan from time to time after giving you any advance notice required by aw. A change that Increases the rate of finance charge or other charge, that ncreases the amount of your payments, or that otherwise adversely affects existing oalances 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 :hangs applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in :arms under the Plan. We can cancel the entire Plan or any part of the Plan at any :ime. You may cancef 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 egal representatives. If we change the terms of the Plan, you agree that this Plan .viii continue to protect us. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court ;o be unenforceable, the rest will remain in effect. NOTICE TO UTAH BORROWERS - This written agreement is a final expression of he agreement between you and the Credit Union. This written agreement may not De contradicted by evidence of any oral agreement. rile following is required by vermout law - NOTICE TO GO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, f THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragraph`s 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 COVERS/CROSS 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. 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 tees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Arry 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 raceme 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 - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the 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 has been paid off, you promise you will: I (1) Use the property carefully and keep it in good repair. (2) Obtain our written I} 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 i 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 j 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 t 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 i fine of $150,000. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. You are advised to read your monthly statement and review it for any error discrepancies or unauthorized transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. if you think your :statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. You are required to notify us in writing within 60 days following the 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 cared 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) 234-6484 or (800) 237-7326. After hours call (600) 566-5678. 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 Lana by the amount of the payment which Is applied to the principal. You may request an increase in your Credit Line only by written application to us, which must be approved by our credit committee or ban 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 Rnance 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 New Balance in full, and you will reduce the i finance charge by doing so, if your monthly payment exceeds the total credit line balance owed, we will automatically post the credit to your 31 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 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 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 rnay 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 Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is 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. Attar 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. ge Credit Card Agreement and Truth In Lending Disclosure (continued) to also that if the total of the payments and credits which are posted to your -ount by the Payment Due Date shown on a statement is equal to or exceeds the w Balance shown on that statement, we will not apply the Monthly Periodic Rate your Account on your next statement. DEFAULT - You will be in default if you fail to make any Minimum Payment Min 25 days after your monthly statement closing date. You authorize us to transfer ids sufficient to make the minimum payment due if your Visa loan is in default. You roe that we may temporarily suspend your ATM card access if your Visa payment due for a period exceeding 30 days. You will also be in default if your ability to )ay us is materially reduced by a change in your employment, an increase in your ligations, bankruptcy or insolvency proceedings involving you, your death or your !ure to abide by this Agreement, or if the value of our security interest materially clines. We have the right to demand immediate payment of your full account lance if you default, subject to our giving you any notice required by law. To the tent permitted by law, you will also be required to pay our collection expenses, :luding court costs and reasonable attorney fees. USING THE CARD To make a purchase or cash advance, there are two ernative procedures to be followed One is for you to present the card to a rticipating Visa plan merchant, or another financial institution, and sign the sales cash advance draft which will be imprinted with your card. The other is to complete i transaction by using your Personal Identification Number (PIN) in conjunction h the card in an Automated Teller Machine or other type of electronic terminal that wides access to the Visa system. You agree that you will not use your card for any nsaction that is illegal under applicable federal, state, or local law. The monthly dement will identify the merchant, electronic terminal or financial institution at fich transactions were made, but sale, cash advance, credit or other slips cannot returned with the statement. You will retain a copy of such slips furnished at the to of the transaction in order to verify the monthly statement. The Credit Union may ike a reasonable charge for photocopies of slips you may request. . OVERDRAFT OPTION - if you elect to overdraft to your PSECU Visa Credit ird, that election is subject to the existing credit limit and the agreement it represents d the current loan policy at the time of the overdraft. You also understand that an erdraft will be considered the same as a cash advance on your PSECU Visa Credit ird and that the current Annual Percentage Rate for cash advances will apply. . RETURNS AND ADJUSTMENTS - Merchants and others who donor the card iy give credit for returns and adjustments, and they will do so by sending us a credit p which we will post to your Visa line of credit. If your credit and payments exceed tat you owe us, we will automatically post the excess credit balance to your S1 cares within 75 days. If the balance is one dollar or more, upon your written request, i will refund the credit balance to you. FOREIGN TRANSACTIONS - The exchange rate between the transaction rreney and the billing currency used for processing international transactions is a rate lected by Visa from the range of rates available In wholesale currency markets for the plicable central processing date, which rate may vary from the rate Visa itself :elves, or a government-mandated rate in effect for the applicable central processing .te. In each Instance, an adjustment may be assessed based on the ISA fee imposed Visa. This fee, which totals 1 % of the transaction amount, MR be assessed on all insactions where the merchant country differs from the country of the card issuer. i. DISPUTED TRANSACTIONS - It you disagree or find an error with a Visa 'M CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in -nsideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, it and us) issuing to you an ATM CARD, hereby agree to be legally bound by the lowing terms and conditions. You agree that the use of your ATM card(s) ,nstitutes acceptance of the terms and conditions of this Agreement. Ybu iderstand that ATM is a credit-related service and you authorize PSECU to obtain credit report on any users of this account. ACCOUNTS AND USES OF ATM CARD -You have the account(s) (including iecking and Regular Shares), which we set forth on your application form with this jreement. You hereby request that we issue to you one or more ATM CARD(s) to i used in connection with such accounts as described in this Agreement. xi understand you may use the ATM CARD at a STAR SYSTEMS9 ATM to (1) thdraw cash from, (2) make or arrange for deposits In, (3) effect transfers to or from nu account, (4) receive information regarding the balance in your account(s) or (5) ake cash advances from your credit account(s) in the amounts you request. You may so use automated teller machines throughout the United States and in certain reign countries which bear the PLUS SYSTEMO name and logo (1) to make thdrawals from, (2) effect transfers to or from, (3) receive information regarding the dances in your Checking or Regular shares. If you have a Personal Service Loan )proved and in place, you may also make a cash advance from your PSL. You further )derstand you may use the ATM CARD to purchase goods and services 'urchase") at any retail establishment ("Merchant") where ATM CARDs are ;cepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain ish, if permitted by the Merchant, you shall be requesting us to withdraw funds in the nount of such Purchase (including any cash received from the Merchant) from your necking Shares and directing or ordering us to pay such funds to the Merchant. )u request that we will provide to you such other services or access to other ATM stems or networks using the ATM CARD which we may later make available and Mich we advise you are offered in connection with your account(s) set forth on your )placation form. You also understand that from time to time you may request in riting that we provide access to additional accounts of yours through the ATM ARD we have issued to you. You agree that the uses of the ATM CARD described transaction, and have tried in good faith to correct the problem with the merchant or 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 Code in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, it you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for 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 $20 fee will be applied for each monthly statement closing date on which fife outstanding 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 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 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 identity you and authenticate and validate your directions to a human teller. You also understand that a Merchant which accepts the ATM CARD for a Purchase transaction may have an electronic terminal (Merchant operated or Self-Service) which requires the use of your PIN and when your PIN is used at a Merchant's terminal, it 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 if you believe the ATM CARD(s) issued to you or PIN has been lost or stolen or money is missing from your account(s). You also agree that if your monthly statement shows transactions which you did not make, and you do not contact us within 60 days after the 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. 7ectronic Funds Trans er_ATM Agreement and f?-yulation "E" Disclosure eont)nued) new card may be ordered for you at that time and a "hold" will be placed on your Id card. After such time, if you find your old card, destroy the old card by cutting it i half. If you attempt to use your old card, it will not work. . CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal xceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash isbursement transaction (loan advance or share withdrawal) that is less than $20. bu ag fee to pay a 25 cent charge on each balance inquiry. You may incur a charge ?r any adjustment that needs to be made to your account resulting from an error ou made while making a deposit at an Automated Teller machine (ATM). You agree ) pay the charges or transaction fees which are charged by us for these services r for services which may later be offered as such fees or charges may be imposed r changed from time to time. 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 you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you nderstand and acknowledge that the funds from your deposit may not be available )r immediate withdrawal and that the availability of your deposit shall depend on our ales 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 ;TAR SYSTEMS ATM that is owned by us or another financial institution. You also nderstand and acknowledge that not all STAR SYSTEMS ATMS may accept leposits and some STAR SYSTEMS ATMS may limit the amount of funds which lay be deposited and that we may not control these limits. ;. LIABILITY - If the ATM CARD Is Issued for a joint account, you agree to be )intly and severally liable under the terms of this Agreement and the agreement for uch account. You agree that if you make deposits or payments to your account(s) All items other than cash (checks, drafts or other items) and we make funds ivailabie to you from such deposits prior to their collection, you agree that we may leduct the amounts of such funds from your account(s) which are not collected or, the funds In your account(s) are insufficient at such time, you will promptly pay to is any amount of such funds which are not collected. AMENDMENT OF THIS AGREEMENT - You agree that from time to time we nay amend or change the terms of this agreement including amendments or flanges to add further ATM CARD services or to amend or change the charges for hose services. We may do so by notifying you in writing of such amendments or :hanges and your use of the ATM CARD after the effective date of any such tmendment or change shalt constitute your acceptance of and agreement to such tmendment or change. 1. OWNERSHIP - You agree that the ATM CARD is our property and you will urrender it to us upon our request. You agree that the ATM CARD is non- ransferable. I. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement iforming you of your rights under the Electronic Funds Transfer Act and a copy of his Agreement. REGULATION "EN DISCLOSURE ELECTRONIC CHECK CONVERSIONJELECTRONIC RETURNED CHECK *EES - if you pay for something with a check or share draft, you may authorize it o be converted to an electronic fund transfer. You may also authorize merchants to ilectronicalty debit your account for returned check fees. You are considered to have tuthorized these electronic funds transfers if you complete the transaction after leing told (orally or by a notice posted or sent to you) that the transfer may be irocessed electronically or if you sign a wrttten authorization. ',. SUMMARY OF CONSUMER LIABILITY - ATM, ACM and SST - Tell us at once if you believe your card has been lost it stolen. Telephoning is the best way to keep your possible losses down. You could ose alf the money in your account plus your maximum overdraft line of credit, If you relieve your card has been lost or stolen, and you'tell us within two business days Ifter you team of the toss or theft; you can lose no more than $50 if someone used ,our card without your permission. I you do not tell us within two business days after you learn of the loss or theft of tour card, and we can prove we could have stopped someone from using your card vithout your permission if you had told us, you could lose as much as $500. klso, if your statement shows transfers that you did not make, tell us at once. If tou do not tell us within 60 days after the statement was mailed to you, you may tot get back any money you lost after the 60 days if we can prove that we could lave stopped someone from taking the money if you had told us in time. f a good reason such as a long trip or a hospital stay kept you from telling us, we vill extend the time periods. 1. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED TRANSFERS - • ATM - Contact PSECU at (800) 237-7328 EXT 3808 (nationwide) or (717) 234-8484 (in Harrisburg). After hours, follow the menu options on PSECU's voice mall 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-Lending Disclosures section of this document. • ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717) i 234-8484 (in Harrisburg). Or write to us at: Pennsylvania State Employees Credit Union P.O. Box 67013 Harrisburg, PA 17106-7013 PSECU Business Hours: 8:00 a.m. - 5:00 p.m. M - F 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 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 Taller 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 Ume 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 acoount, 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. It you call, we may also require you to put your request in writing and get it to us within 14 days after you call. • Notice of Varying Amounts. It these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when It will be made and how much it will be. You may choose instead to get this notice only when the payment would 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 PreauthaNzed 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 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 tc ronic Funds Transfer, AT&I Agreemept and k,ation_E" Disclosure )ntinued) permissible transaction listed above; or, (11) the transaction would exceed the security limitations on the use of your ATM CARD. • ACH and SST - It 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 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 retluest 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. 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. 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. t. 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. 1. 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. 1. 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. S. 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 right to reduce this da , , mit at any time. In the event that your daily limit is less than $500, PSECU will advise you of the new limitation. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the 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 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.Q. Box 67013, Harrisburg, PA 17106-7013, as soon as you can if you think your statement or receipt is wrong, or 4 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 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. 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, • If the ATM has an entry door, close the door prior to initiating your transaction. • Put your cash away immediately. • Direct complaints concerning ATM security to an appropriate department of the owner of the ATM. 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OM hOonolok) VMNZOP WNIOh V'M MNOPP hdddd 10 10 10 do Ln kn nolnuNh Ln 1l'/In V V 660006 000000 000000 000060 hCOPO'-N M`TOlofl o POZNMV LnlONOPO OdOhhh hhhhhh rlwCO www QOCOODQDOOP NOOVMO N01O-rlow NW)dh VO PcO aDhcaP NOdMOao u9NPhvIN cOdVM-- coh.tnMNO MMNNN- 0000 OPOPPPP mcOmmmw ?•-•-•-•-•- CVNNCVCV(V NNNNCVN N•- - 000000 000000 000000 000000 hNPO-N M??AdhtO OO-NMI' vldho]PO MMM V V V V V V V V'P Vu71ANNN N1!'IN?u)d NOVInh V PV VMC00 d04;,Z(')MO Nh PMOV Nrlowoh dNaOVVV TVhcO.-0 c0.--?r-h.--- MOaO1AVN OPI"dv)V MN?OOP CO co hhdd hN V V V V V M MMMM MMMMMM NNNNN" 000000 000000 000000 000000 h0O0-N M V 1A O t?tO OO?NM'R 1()dh OPO •-.-? ?-?.-.-- -NNNNN MMMMMM EXHIBIT "C" I SIGNATURE LOAN ACTIVATION NOTICE I June 23, 2005 Applicant Information: SS M •3882 Applicant: HEATHER L BENOIST Ref M 465409 309 Work Telephone M Approval Amount: $5,000.00 Home Telephone M Account Number: 9030 Signature: I acknowledge receipt of the PSECU LOANLMR Disclosure and Credit Agreement and agree to be bound by the terms set forth in said agreement. *nu *oHATHER L B eO:I SIT to SIGNATURE LOAN OPTIONS C3 Purpose:_ rv C7 co ? Please select one of the following Signature Loan disbursement options: O M C:: Q r Send a Ca check, or Cl deposit to my Share 4 (MoneyHandler/Checking Shares) T NJ M Please select one of the following Signature Loan repayment options: ? Payroll Deduction 0/Home banking ? Automatic Transfer from PSECU account ? Self Service Telephone M Coupon ? Direct Payment from another financial institution NNED EXHIBIT "D" )SEC* Pennsylvania State Employees Credit Union P.O. Box 67013 • Harrisburg, PA 17106-7013 • (717) 234-8484 Harrisburg, (800) 237-7328 Nationwide the financial links Loan Disclosures its LDANLINER' Credit and Security Agreement, which includes the Truth in tnding Disclosures, will be referred to as the Plan. The Plan documents include this ireement and an Addendum. You, your and borrower mean any person who signs e Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit hion transfers its rights under the Plan. OW THIS PLAN WORKS - This is an open-end, mufti-featured credit plan. We tticipate that, from time to time, you will borrow money (called "advances") under e Plan. We are not required to make advances to you under the Plan and can fuse a request for an advance at any time. The Addendum describes the tterent types of credit (called "subaccounts) available under the Plan, the current terest rate for each subaccount expressed as a daily periodic rate and irresponding annual percentage rate and other charges. it may also have other rms and a schedule for determining the payment amounts. REDIT LIMIT - We may, but do not have to, establish a credit limit on certain ibaccounts. If a credit limit is set for a subaccount, you promise not to exceed the >tabiished credit limit. It you exceed the credit limit, you promise to repay tmediately the amount which exceeds the credit limit. EPAYMENT - You promise to repay all amounts you owe under the Plan plus terest. Payments are due on the last day of the month unless we set a different day the time of an advance. If the Addendum has no payment schedule for a cbaccount, your payment will be determined at the time of each advance. iyments must include any amount past due and any amount by which you have cceeded any credit limit you have been given for a subaccount. You may repay all . part of what you owe at any time without any prepayment penalty, Even if you 'spay, you will still be required to make the regularly scheduled payments unless e agree in writing to a change in the payment schedule. if you have a joint iaredraft account, you will be responsible for paying all overdraft advances stained by a joint holder of the sharedraft account. Unless otherwise required by w, payments will be applied to amounts owed under the Plan, in the manner the redit Union chooses. LAN ACCESS - You can obtain credit advances in any manner authorized by us. If e allow you to use your ATM/Debit card to access the Plan, you may be liable for the lauthorized use of your ATM/Deblt card. You will not be liable for unauthorized use at occurs after you notify us, orally or in writing, of the loss, theft, or possible hauthorized use, if you believe your ATM/Debit card has been lost or stolen, tmediately inform the Credit Union by caging or writing us at the telephone number or 1dress that appears elsewhere in the Plan. If the card is used to obtain unauthorized ivances directly from the Plan, your gablifty will not exceed $50. If the unauthorized Ithdrawal is from a sharedraft account, your liability is governed by the Regulation E sdosures you received at the time you received your ATM/Debit card, even 0 the ithdrawal results in an advance being made from your overdraft subaccount. INANCE 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 smputed separately for each separate balance under the Plan. To compute the Lance charge, the unpaid balance for each day since your last payment (or since h advance if you have not yet made a payment) is multiplied by the applicable dally ariodic rate. The sum of these amounts is the finance charge owed. The balance sed to compute the finance charge is the unpaid balance each day after payments id credits to that balance have been subtracted and any additions to the balance ave been made. In addition to Interest, we may charge other finance charges v¢tich •e disclosed on the Addendum. If the interest rate is a variable interest rate, the ddendum explains how the variable interest rate works. ECURiTY - You pledge as security for the Plan all shares and dividends and, if iy, all deposits and Interest in all joint and individual accounts you have with us aw and in the future. It a specific dollar amount is pledged for an advance, we will seze shares in that account to the extent of the outstanding balance for the Jvance. Otherwise, your pledged shares may be withdrawn unless you are in afault. The following paragraph applies in all states except in Ohio, Rhode land and Massachusetts: We have a statutory lien on the shares and dividends rid, if any, the deposits and interest in all Individual and joint accounts you have with s and may exercise our rights under the lien to the extent permitted by state law. lie are state chartered if our name does not include the term "Federal Credit nion") For all borrowers: The statutory lien and/or your pledge will allow us t apply the funds In your account(s) to what you owe when you are in default. he statutory lien and your pledge do not apply to any Individual Retirement ccount or any other account that would lose special tax treatment under state or Iderat law if given as security. dditional security for the Plan may be required at the time of an advance. If a ibaccount Identifies a type of property (such as "New Cars") you must give that ,pe of property as security when you get an advance under that subaccount. A ubaccount name such as "Other Secured" means you must provide security cceptable to us when you obtain an advance under that subaccount. Property you ive as security will secure all amounts owed under the Plan and all other loans you aye with us now or in the future, except any loan secured by your principal dwelling. roperty securing other loans you have with us may also secure the Plan. REDIT INSURANCE - Credit life and/or credit disability insurance is optional nder the Plan. if you quality for and purchase the insurance from us, you authorize s to add the insurance premiums monthly to your loan balance and charge you CUYA MUTUAL GROUP, 1980, 82, 84, 86. 89, 98, 99. 2000. Ot. 02, 03. 04, O5, ALL RIGHTS RESERVED 1111111111119, ORALLE 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 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 - If 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. It 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 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 materialty 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 else happens that significantly affects the value of the property or our security interest in ft. 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 Wisconsin and Louisiana: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraphs apply to borrowers In all states except Wisconsin and Louisiana: If immediate payment is demanded, you will continue to pay Interest until what you owe has been repaid at the applicable interest rates in effect 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 boat, you agree that we may CPSMOi PSECU FORM 93146 JBXX0601-2 037-2092.1(3/05) LOANLINERI Credit and Security Credit Agreement (continued) )btain a key or other device necessary to unlock and operate it, when you are in iefault. We will not be responsible for any other property, not covered by this 4greement, that you leave inside the property or that is attached to the property. We mil try to return that property to you or make it available for you to claim. 4fter 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 Nhich a private disposition will be held. Our expenses for taking possession of and >elling the property will be deducted from the money received from the sale. Those :osts may include the cost of storing the property, preparing it for sale and attorney's ees to the extent permitted under state law or awarded under the Bankruptcy Code. fou must pay any amount that remains unpaid after the sale money has been applied o 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 4ddendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in iefault and after expiration of any right you have under applicable state law to cure your 9efauh, we may require immediate payment of your outstanding ban balance under the 3Ian and seek possession of property given as security. You may voiuntarity give the )roperty to us if you choose, or we may seek to take possession of the property by udiciai process. If we repossess the property, you agree to pay reasonable expenses ncurred in disposing of the property. If the property is a motor vehicle, mobile home, railer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted )y Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains 2npaid 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. i 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 be property is located. The following paragraph applies only to Louisiana borrowers: When you are in iefault, we can require immediate payment (acceleration) of the entire unpaid valance under the Plan. You waive any right you have to demand for payment, notice 3f intent to accelerate and notice of acceleration. It Immediate payment is lemanded, you will continue to pay interest until what you owe has been repaid at :he applicable interest rates In effect unless a default rate is disclosed on the 4ddendum. If a demand for immediate payment has been made, the shares and leposits given as security for the Plan can be applied towards what you owe. We :an also exercise any other rights given by law when you are in default and our fights 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 :ime to time after giving you any advance notice required by law. Any change to the nterest rate or other charges will apply to future advances. The following paragraph applies only to borrowers in Wisconsin: We can :hangs the terms of the Plan from time to time in accordance with Section 422.415 :)f the Wisconsin Statutes. You will be notified of any change in terms. An increase n the daily periodic rate under a variable rate interest rate is not considered a :hange in terms under the Pian. 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 }otice. Your obligation to pay the unpaid balances under the terms of the Plan :onbnues 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 :arms of the Plan from time to time after giving you any advance notice required by aw. A change that increases the rate of finance charge or other charge, that ncreases the amount of your payments, or that otherwise adversely affects existing oalances will apply to existing balances only if you agree to the change or you use he Plan after receiving notice that your use of the Plan means you agree the ;hange 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 7otice 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 :he daily periodic rate under a variable interest rate is not considered a change in :arms under the Plan. We can cancel the entire Plan or any part of the Plan at any ;ime. 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 egal representatives. If we change the terms of the Plan, you agree that this Plan mill continue to protect us. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court :o be unenforceable, the rest will remain in effect. NOTICE TO UTAH BORROWERS - This written agreement is a final expression of .he agreement between you and the Credit Union. This written agreement may not 5e contradicted by evidence of any oral agreement. The following Is required by Vermont law - NOTICE TO GO-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 stales 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. It the value of the property declines, you promise to give us more property as security if asked to do so. WHATTHE SECURITY INTEREST COVERS/CROSS 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. 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 0 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. It 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 it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the Insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of 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 - It 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 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 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 $150,000. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. You are advised to read your monthly statement and review it for any error discrepancies or unauthorized transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. You are required to notify us in writing within 60 days following the 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) 237-7328. 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 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 seif- 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 stowing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically, to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. If your monthly payment exceeds the total credit line balance owed, we will automdW41ty post the credit to your St shares. The minimum payment will be (a) 2016 of your Total New Balance, rounded up to the next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total New Balance exceeds your Credit Line, you must immediately pay the excess upon our 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 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 ate 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 then to c urrrrent cash advance balances, and then that they to current r purchaasse balances. 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Computation Method Average Daily Balance for Purchases - The Average Daily Balance for Purchase 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 ail 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 Bafanee for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daffy Balance calculation for purchases, and are therefore not subJea to the monthly periodic rate for purchhases. The Average Daily Balance is calculated separately for Cash Advances and ih6'ubject to the e MPeriodic Rate. Th e Average Dally Blance for Transactions caaed addithDaily Balances (Cash Transaction} for eacin the billing cycl nd than dg by number of days in the billing cycle. To aate the Deity alance for castake thlwing eps: We ake thoutsg 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 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. ;a` Credit Card Agreement and Truth In Lending Disclosure (continued) to also that if the total of the payments and credits which are posted to your count by the Payment Due Date shown on a statement is equal to or exceeds the w Balance shown on that statement, we will not apply the Monthly Periodic Rate your Account on your next statement. DEFAULT - You will be in default if you fail to make any Minimum Payment hin 25 days after your monthly statement closing date.You authorize us to transfer ids sufficient to make the minimum payment due if your Visa loan is in default. You ree that we may temporarily suspend your ATM card access if your Visa payment due for a period exceeding 30 days. You will also be in default if your ability to )ay us is materially reduced by a change in your employment, an increase in your ligations, bankruptcy or Insolvency proceedings involving you, your death or your ure to abide by this Agreement, or if the value of our security interest materially clines. We have the right to demand immediate payment of your full account lance 0 you default, subject to our giving you any notice required by law. To the tent permitted by law, you will also be required to pay our collection expenses, :luding court costs and reasonable attorney fees. USING THE CARD - To make a purchase or cash advance, there are two emative procedures to be followed. One is for you to present the card to a rticipating Visa plan merchant, or another financial institution, and sign the sales cash advance draft which will be imprinted with your card. The other is to complete 3 transaction by using your Personal Identification Number (PIN) in conjunction :h the card in an Automated Teller Machine or other type of electronic terminal that >vides access to the Visa system. You agree that you will not use your card for any nsaction that is illegal under applicable federal, state, or local law. The monthly ttement will identity the merchant, electronic terminal or financial institution at rich transactions were made, but sale, cash advance, credit or other slips cannot returned with the statement. You will retain a copy of such slips furnished at the to of the transaction in order to verify the monthly statement. The Credit Union may ike a reasonable charge for photocopies of slips you may request. . OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit Ird, that election is subject to the existing credit timft and the agreement it represents d the current loan policy at the time of the overdraft. You also understand that an erdraft Will be considered the same as a cash advance on your PSECU Visa Credit trd and that the current Annual Percentage Rate for cash advances will appfyc . RETURNS AND ADJUSTMENTS - Merchants and others who honor the card 3y give credit for returns and adjustments, and they will do so by sending us a credit p which we will post to your Visa fine of credit. If your credit and payments exceed tat you owe us, we will automaticalty post the excess credit balance to your S1 tares within 75 days. it the balance is one dollar or more, upon your written request, will refund the credit balance to you. . FOREIGN TRANSACTIONS - The exchange rate between the transaction rrency and the biffing currency used for processing international transactions is a rate [acted by Visa from the range of rates available in wholesale currency markets for the placable central processing date, which rate may vary from the rate Visa itself :elves, or a government-mandated rate in effect for the applicable central processing te. In each Instance, an adjustment may be assessed based on the ISA fee imposed Visa. This fee, which totals 1% of the transaction amount, will be assessed on all tnsacfions where the merchant country differs from the country of the card issuer. 1. DISPUTED TRANSACTIONS -- It you disagree or find an error with a Visa 'M CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in ,nsideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, r and us) issuing to you an ATM CARD, hereby agree to be legally bound by the lowing terms and conditions. You agree that the use of your ATM card(s) institutes acceptance of the terms and conditions of this Agreement. You iderstand that ATM is a credit-related service and you authorize PSECU to obtain credit report on any users of this account. ACCOUNTS AND USES OF ATM CARD -You have the account(s) (including -iecking and Regular Shares), which we set forth on your application form with this Ireement. You hereby request that we issue to you one or more ATM CARD(s) to ) used in connection with such accounts as described in this Agreement iu understand you may use the ATM CARD at a STAR SYSTEMSO ATM to (1) thdraw cash from, (2) make or arrange for deposits In, (3) effect transfers to or from ,ur account, (4) receive information regarding the balance in your account(s) or (5) ake cash advances from your credit account(s) in the amounts you request. You may so use automated teller machines throughout the United States and in certain reign countries which bear the PLUS SYSTEMO name and logo (1) to make thdrawals from, (2) effect transfers to or from, (3) receive information regarding the dances in your Checking or Regular shares. If you have a Personal Service Loan )proved and in place, you may also make a cash advance from your PSL. You further )derstand you may use the ATM CARD to purchase goods and services 'urchase') at any retail establishment ('Merchant) where ATM CARDs are .cepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain ash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the nount of such Purchase (including any cash received from the Merchant) from your necking Shares and directing or ordering us to pay such funds to the Merchant. w request that we will provide to you such other services or access to other ATM ,stems or networks using the ATM CARD which we may later make available and hich we advise you are offered in connection with your account(s) set forth on your )plication form. You also understand that from time to time you may request in riting that we provide access to additional accounts of yours through the ATM ARD we have issued to you. You agree that the uses of the ATM CARD described transaction, and have tried in good faith to correct the problem with the merchant or 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 Code in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, 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 $20 fee will be applied for each monthly statement dosing date on which the outstanding balance exceeds the assigned credit Omit by more than $100. 18. 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 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. 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 Merchant's 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 if you believe the ATM CARD(S) issued to you or PIN has been lost or stolen or money is missing from your account(s). You also agree that if your monthly statement shows transactions which you did not make, and you do not contact us within 60 days after the 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 ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY THEM. You could lose all your money in the account(s) if you take no action to notify PSECU of the loss of your 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. 'lectronic Feuds Transfer. ATM Agreement and Regulation "E" Disclosure :ontinued) new card may be ordered for you at that time and a 'hold' will be placed on your Id card. After such time, if you find your old card, destroy the old card by cutting it i half. If you attempt to use your old card, it will not work. . CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal xceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash isbursement transaction (loan advance or share withdrawal) that is less than $20. bu agree to pay a 25 cent charge on each balance inquiry. You may incur a charge )r any adjustment that needs to be made to your account resulting from an error ou made while making a deposit at an Automated Teller machine (ATM). You agree pay the charges or transaction fees which are charged by us for these services r for services which may later be offered as such fees or charges may be imposed r changed from time to time. . DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS TM that we have the right to verify the deposit before we make the money available you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you nderstand and acknowledge that the funds from your deposit may not be available )r immediate withdrawal and that the availability of your deposit shall depend on our ules and regulations regarding the particular account in which you are making a leposft, the items that you are depositing and whether the deposit is made at a ;TAR SYSTEMS ATM that is owned by us or another financial institution. You also nderstand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the amount of funds which fay be deposited and that we may not control these limits. ;. LIABILITY - If the ATM CARD Is issued for a joint account, you agree to be )intly and severally liable under the terms of this Agreement and the agreement for uch account. You agree that If you make deposits or payments to your account(s) iith 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 leduct the amounts of such funds from your account(s) which are not collected or, ' the funds in your account(s) are insufficient at such time, you will promptly pay to is any amount of such funds which are not collected. AMENDMENT OF THIS AGREEMENT - You agree that from time to time we nay amend or change the terms of this agreement including amendments or :hanger to add further ATM CARD services or to amend or change the charges for nese services. We may do so by notifying you In writing of such amendments or :hanges 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 rmendment or change, 1. OWNERSHIP - You agree that the ATM CARD is our property and you will ;urrender It to us upon our request. You agree that the ATM CARD is non- ransferable. 1. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement iforming you of your rights under the Electronic Funds Transfer Act and a copy of his Agreement. REGULATION "E" DISCLOSURE ELECTRONIC CHECK CONVERSION/ELECTRONIC RETURNED CHECK 'EES - If you pay for something with a check or share draft, you may authorize it o be converted to an electronic fund transfer. You may also authorize merchants to ilectronicaity debit your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after reing told (orally or by a notice posted or sent to you) that the transfer may be rrocessed electronically or if you sign a written authorization. L SUMMARY OF CONSUMER LIABILITY - • ATM, ACH and SST - Tell us at once if you believe your card has been lost it stolen. Telephoning is the best way to keep your possible losses down. You could ose all the money in your account plus your maximum overdraft line of credit If you relieve 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 ,our card without your permission. f you do not tell us within two business days after you learn of the loss or theft of ,our card, and we can prove we could have stopped someone from using your card vithout your permission if you had told us, you could lose as much as $500. %lso, if your statement shows transfers that you did not make, tell us at once. If rou do not tell us within 60 days after the statement was mailed to you, you may iot gat back any money you lost after the 60 days it we can prove that we could cave stopped someone from taking the money if you had told us in time. I a good reason such as a long trip or a hospital stay kept you from telling us, we viii extend the time periods. 1. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED TRANSFERS - • ATM - Contact PSECU at (800) 237-7328 EXT 3808 (nationwide) or (717) 234-8484 (in Harrisburg). 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-Lending Disclosures section of this document. • ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717) 234-8484 (in Harrisburg). Or write to us at: Pennsylvania State Employees Credit Union P.O. Box 67013 Harrisburg, PA 17106-7013 PSECU Business Hours: 8:00 a.m. - 5:00 p.m. M - F 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 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). • ACM - $30 service charge for insufficient funds for each electronic transfer. • SST - none 7. SUMMARY OF CONSUMER'S RIGHT TO RECEfVE 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 stowing the status of your account, any transactions made during the month, and any penalties or charges PSECU may Impose during the month. • If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you can tali 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) 237-7328 (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 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 Preauthorhred 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 recehre 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 j 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 •ctronlc- Funds Trans/e0 AThf Agreement and Regulation -Disclosure )ntinued) 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 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, tire, 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. 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. 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. t. 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. 1. 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. 1. 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. i. 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 right to reduce this daily omit at any time. In the event that your daily limit is less than $500, PSECU will advise you of the new limitation. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the 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 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, TOD (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 it 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/CREDFT 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 recredt 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. 47, ATM SURCHARGE - if you use an ATM that is not operated by us, you may be charged a fee by the ATM operator and by any national, regional or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even If you do not complete a fund transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction. Notice To Consumers Using ATM's • Be alert to your surroundings. If you doubt the safety of a particular location, choose another ATM. • if the ATM has an entry door, close the door prior to initiating your transaction. • Put your cash away immediately. • Direct complaints concerning ATM security to an appropriate department of the owner of the ATM. New Jersey residents: you may call the New Jersey Department of Banking at (609) 292-7272. 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T«-OKr«._ E x ^^ ^NNNNN NNNNNN t 0 3 W 00 ? r.a sf cr; ro y L_ Cj •< SHERIFF'S RETURN - REGULAR CASE NO: 2008-04918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS BENOIST HEATHER L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BENOIST HEATHER L the DEFENDANT , at 1350:00 HOURS, on the 6th day of September, 2008 at 312 2ND STREET ENOLA, PA 17025-3207 HEATHER BENOIST by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 00 43 .00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/08/2008 VAN ECK & V ECK C By. Dep Sheriff A. D. (David D. Bueff Prothonotary KirkS. Sohonage, E,S'Q, Solicitor &nee X Simpson 15T Deputy ftothonotary Irene E. Morrow 2"d Deputy (Prothonotary Office of the (Prothonotary Cum6erfand County, Tennsy(vania n9- -'/ 718 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square -8 Suite 100 * Carfisfe, (A 17013 • (717 240-6195 9 Fax (717 240-6573