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08-7065
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff . NO. O$ 7otxS VS. JUSTIN C. SMITH Defendant : CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 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. JUSTIN C. SMITH Defendant : CIVIL ACTION -LAW AV I S O PARA DEFENDER Conforme a PA Num. 1018.1 USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despuds que esta Demands y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin rods aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUi ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. JUSTIN C. SMITH Defendant NO. d -f - '7065' 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, Justin C. Smith, is an adult individual with a last known address of 25 Grinnel Drive, Camp Hill, PA 17011-7716. 3. Defendant is, and at all relevant time material hereto has been, the primary loan applicants. COUNT I - BREACH OF CONTRACT (VISA LOAN) 4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth. 5. Defendant applied to Plaintiff for a Visa loan. 6. The application submitted by Defendant was approved by Plaintiff. 7. 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 Document #: 180057.1 (hereinafter referred to as "Contract"). A true and correct copy of the Loan Activation is attached hereto, incorporated herein and marked as Exhibit "A". A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit «B„ 8. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 9. Various charges and payments were made by Defendant on the account. 10. Defendant has defaulted on the loan by failing to make timely and regular payments. 11. The last payment made by Defendant was on July 1, 2005. 12. Defendant is required under the contract to make regular and timely payments. 13. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 14. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 15. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 16. Despite 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. 17. As of December 1, 2008, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of One Thousand Three Hundred Thirteen Dollars and 56/100 ($1,313.56). Document #: 180057.1 18. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 19. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "B", Plaintiff is entitled to be reimbursed for all costs and expenses, including reasonable attorney's fees incurred in bringing any action. 20. For purposes of this action, Plaintiff believes, and therefore avers, that One Thousand Four Hundred Twenty-five Dollars and 00/100 ($1,425.00) constitutes reasonable attorney's fees. However, Plaintiff recognizes that it is restricted by law to those attorneys' fee that are actually incurred. If those fees are less than the aforegoing amount, Plaintiff agrees to adjust its demand for attorneys' fees, if applicable, at the time of payment on any judgment is made. 21. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 22. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Justin C Smith, in the amount of Two Thousand Seven Hundred Thirty-eight Dollars and 56/100 ($2,738.56), plus interest, the costs of this action, and such other relief as the Court deems just and proper. Document #: 180057.1 COUNT II - BREACH OF CONTRACT (AUTO LOAN) 23. Paragraphs 1 through 22 are hereby incorporated as if more fully set forth. 24. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor vehicle. 25. 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 "C". 26. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "C", 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 "D". 27. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "D". 28. Various charges and payments were made by Defendant on the account. 29. 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. 30. 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. Document #: 180057.1 31. Plaintiff provided a letter to Defendant indicating that there was a resulting deficiency after the sale of the vehicle. 32. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 33. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 34. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 35. 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. 36. As of December 1, 2008, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Two Thousand Three Hundred Sixteen Dollars and 35/100 ($2,316.35). 37. 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. 38. 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 Four Hundred Sixty- three Dollars and 27/100 ($463.27) have been added to the account. 39. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. Document #: 180057.1 40. 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, Justin C Smith, in the amount of Two Thousand Seven Hundred Seventy-nine Dollars and 62/100 ($2,779.62), plus interest, the costs of this action, and such other relief as the Court deems just and proper. COUNT III - BREACH OF CONTRACT (SIGNATURE LOAN) 41. Paragraphs 1 through 40 are hereby incorporated as if more fully set forth. 42. Defendant applied to Plaintiff for a signature loan. 43. The application submitted by Defendant was approved by Plaintiff. 44. 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 "E". A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit «F„ 45. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "F". 46. Various charges and payments were made by Defendant on the account. Document #: 180057.1 47. Defendant has defaulted on the loan by failing to make timely and regular payments. 48. The last payment made by Defendant was on July 11, 2005. 49. Defendant is required under the contract to make regular and timely payments. 50. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 51. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 52. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 53. 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. 54. As of December 1, 2008, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Four Thousand Sixty-six Dollars and 79/100 ($4,066.79). 55. 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. 56. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "F", attorney's fees in the total amount of Eight Hundred Thirteen Dollars and 36/100 ($813.36) have been added to the account. 57. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. Document #: 180057.1 58. 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, Justin C Smith, in the amount of Four Thousand Eight Hundred Eighty Dollars and 151100 ($4,880.15), 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: 01 ?' '. d' kh Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 180057.1 VERIFICATION I, Gregory R. Diffenderfer, Manager of the Pennsylvania State Employees Credit Union verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Pennsylvania State Employees Credit Union By: r C - c Title: Date: Id -/- 0i B3(MI T «Ass I Students: open your service accounts?t A. Applying for OdaV. PSECU:, - PSECU AUG 15 ZOCO od ??" '"t''r"•psecu. corn 1. Complete the requested information to a services (PLEASE PRINT) (800)137-7328 nationwide or services and/or psecu PPiY for a student VISAO, checking service, ?y X 17) 234-8984 in Harrisburg 2. All Joint Owners (?homr?, A?u A tj r?Q011 ownershl , Please contact If applicable) must sign application. of you wish to thane t? D L ti 3. Complete all necessary p Ns/pas Words for each service requested, g your account kocy 3.cianv r a r.. j n : -- .....r rTDM r'lallbe/ -? 'tPpaeent's tael N_,m., Fr N e. M.4 Sdtod Pltsa Numbs t ?' 312000 ?' r, 1 It ??S city c«•tY slag -- p eddrou k s pool Oats 90; alto LP ad Waa a raldrtca 9•»- _? ...,,, J?, ZMA Address You must be at laatt to years o! VISA' t zpQe_ V'YES, tO ?° and Card will be issued k, stuo.rq'8 name only, my appucatlorl for the PSECU Capitol Card' [rtA Are you a U.S. citizen or Permanent resident alien', *a may also be used to ? NO I am a hrk fQ men our wsA credit card k?ent et EL4U8f TA 1%v,4 C LLC,i' rpe W SA 0* ad w cash from an ATM. Emar Your ATM PIN enhd the am It ?SoPhomoro N Junior ?Serdor Product alts wa sppktgpon for this service. ePWCe Provided receive your M"" allow two weeks to receive Your VISA carcL agreement and disclosure matedals you must be at tease to years of ogs to "Ply for a c Card. d?K "" o Chs ? YES, I ware Check Card servtcG (Check Card can be used you or* Under for ATMsterviyears Uwldwd ces.)f +ae our AM card w ? CJs.dt hero If you went a second Check Card. (Seoond person must be a joint Owner and at least to year. old to order a Check Card In their name.) Name M seo-d Chock Card Shares o* foCar r d Your wii au'lomet" ov.rdr.R Into Regular shares. F,wava, ? y?r ft" will not apply at On time to be 04 space provided below. Product d ter we at e recelalve?eyour?epPlicatlon for the stime of arvlca, Pl j p??? to, ic ?EdvaaPaYmert You will available in your Checking rsc lour Cheat Card• Erker Your Check Card /ATM PIN in I ----------------- LZCh*c9WdWQ , I wareualkstof ery wnertt )drt owner _ hacks names of )oink owners your doo aP P1 NO wart Ik mpri ted o Your List telephone number you were on checks tdsecs will mallealy overdra ft Imo The PSECU Custom Into Regular des. Th, addres, above Will be an lyla check, You receive ere free. Please allow two chocks. aooo rec ive yotr ?chocks?M orrnakon or choose Brother check style ? YES, I want BANKING /VO PsecuQhome, 8 Enter and o N*cu*h?ro (NO syrnbols). rdPau Provided at page bottom. Your M"home axount cannot 10 be activretM without a password. The password must be between F. SIGNATURES Please apply Was and WM 0 nditiong s, stated in the Agreements & Disclosures boo road enclosed rnalerlab cwft* services Wo indicate nVAOLMOd *me for each s.Mcs stance of the and terms o p0* cep d as ? the to kms PSECUIw?pl add be Provided tome as required by law, l Joint o`er upon Pe Penton c athil ssociation, firm, corporay? credit bureau or Y am announced announce kktnal services. My/Ouf use of kt . P omel office to tows pons, con scope of the and all W*ft Any ?•Ft akgayon, W*- VWs understand that I -1 any or all of my)olm otwnrs have ft right to _pW in writing, the nature and ape of the edit Anroneg balance sealed in this account -W beer Interest at pee obNgafion of an)oktt owners of ery..Dent owned highest unaeoured ban rats offered by PSECU until paid in full R. fAMe undWs%nd that k is a fedwof aims a wacco t owned by those Ind viduals. Pay-" of this o4orm, edit Union to or or in qtly Provide ktco ernount MO be the ? "Cr u-nd Tkb ieee Cod *I Ofif°nd that PSECU win ray on an #0 ? rrmatlofrn/n thai?n on requests made to Stele Chartered Credit lktiona insured b The I I $BOpon 1001, at seq. to the ks oomall on on a s mambarohiP aPPkcatlon to smut. m•mtxrshl Y 'eve W Se d not rogylm your cone, t r .. appllcakon is true and correct P eligibility Me SCANNED wee l ? /S.r7 /h % r /f Nt. --- _ w„rr Me,. a ? Exhibit "B" Pennsylvania State Emplovees Credit Unio n P.O. Box 67013 • Harrisburg, PA 17106-7013 • (717) 234.8484 Harrisburg, (30Q) 237-7328 Nat onwnas PSE(O Loan Disclosures This LOANLINER4 Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents include this Agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. This is a multi-state document which may be used to lend to borrowers in all states. 1. HOW THIS PLAN WORKS -This is an open-end, multi-featured credit plan. We i anticipate that, from time to time, you will borrow money (called 'advances") under the Plan. We are not required to make advances to you under the Plan and.can refuse a request for an advance at any time. The Addendum describes the different types of credit (called'subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3, REPAYMENT - You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different date at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even If you prepay, you will still be required to make the regularly scheduled payments unless we agree In writing to a change In the payment schedule. If you have a joint share draft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Payments will be applied in the order the Credit Union chooses. 4. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM1Debtt card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debft card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATWDebit card, even if the withdrawal results In an advance being made from your overdraft subaccount. 5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a -finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance rf you have not yet made a payment) is multiplied by the applicable dairy periodic rate. The sum of these amounts Is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. 6. SECURITY INTEREST - The Plan is secured by the shares and deposits in all joint and individual accounts you have with the Credit Union now and in the future. Shares and deposits in an Individual Retirement Account and any other account which would lose special tax treatment under state or federal law if given as security are not subject to the security interest you have given in your shares and deposits. Additional security may be required depending on the subaccount under which an advance Is requested. For example, a subaccount called "New Car Advances" means the security will be a new car. A subaccount called "Other Secured Advances" means you must offer security acceptable to the Credit Union for the advance. Property given as security for any advance under the Plan will secure all other amounts you owe under the Plan or under any other Agreement with us now or in the future. Property securing other loans with us may also secure the Plan. However, it you have given your dwelling as security for a loan with us, that dwelling will not secure an advance made under the Plan. 7. PROPERTY INSURANCE,TAXES AND FEES -You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us You may provide the property insurance through a policy you already have. or i :.CUNA MUTUAL GROU? 19,80. 82. e» 36. ?3. ?7, ALL ?'Gr•TS RESERVED 1 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 promise to pay all taxes and fees (like registration fees) due on the property and to keep the property insured against loss and damage. If you do not pay the. taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or Insurance 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 its loan agreements or may engage others to do so. The insurance charged added to your advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of your advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The Insurance will not be liability Insurance. 9. CREDIT INSURANCE - Credit life andlor credit disability insurance is optional under the Plan. If you quality for and purchase me insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you Interest on the entire balance, if you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended beyond the approximate term stated on the Addendum. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. 10. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable taw requires notice to each joint borrower, notice to any one of you will be notice to all. 11. JOINT ACCOUNTS - if this is a joint account, each of you is individually and jointly responsible for paying 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). 12. 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 so, 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. Those fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. 13. UPDATING CREDIT INFORMATION - You promise that you will promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request you also agree to provide us updated financial information. 14. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, (Maine and South Carolina: You will be in default it you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers in Wisconsin: You will be in default if you fail to make a payment when dua two times during any 12-month period. You will be in default it breaking any promise made under the Plan materially impairs your ability to repay what you owe. You will also be in default if breaking any promise made under a Security Agreement made in correction with an advance, materially impairs the condition, value, or protection of or our right in the property you gave as security. The following paragraph applies only to borrowers in Iowa: You will be m default if you are more than 10 days 'ate in maKing a payment. You will also be :n default if PSECU FOR+A s31-16 JBXXD6"01.7 037.2`92.1 (300) LOANLINER' Credit and Security Credit Agreement (continued) you do no! comply with the terms of the Plan and your failure to comply materalhi impairs any property you gave as security of your ability to repay what ya_i owe under the Plan.' The totiotying paragraph applies to borrowers in at/ other states: You will De it default if you do not make a payment of the amount required when it is due. You will be in default it 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 abi!ity to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us. 15. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia and South Carolina: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in all other states except, Wisconsin and Louisiana: When you are in default, we can require immediate j 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 untif what you owe has been repaid, at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default, You agree the Credit Union has the right to take possession of any property given as security for an advance under the Plan without judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time j 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 alter 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 §506(b) of the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Plan. i 16. ACTIONS AFTER DEFAULT - WISCONSIN - The following paragraph applies only to Wisconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of the property. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process, If we repossess the property, you agree to pay reasonable expenses incurred in disposing of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. , 17. ACTIONS AFTER DEFAULT - LOUISIANA - The Wowing paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid baler" under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. If Immediate payment Is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. It a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. 18. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers in Illinois: We have the right to change the terms of the Plan from time to time after giving you any advance notice. required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraphs apply only to borrowers In Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in, terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a I change in terms under the Plan. f We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. j The following paragraph applies only to borrowers in Iowa: We can change the j terms of the Plan from time to time after giving you any advance notice regwred oy law. A change that increases the rate of !inance charge or ether charge, that i increases the amount of your payments, or that otrermse adversely a"ects existing I balances will apply to existing balances only ;` you agree to the change or you use I the Plan after receiving notice that your use o` the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from tint, to time after giving you any advance notice required by taw. Any change in the inb9rest rate will apply to future advances, and at our discretion, and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all borrowers other than Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You can cancel the Plan at any time. Your obligation to pay the unpaid balances. under the terms of the Plan continues .vhetner you or tie Credit Union cancel the Plan. Sections 21-25 apply if you give security in connection with an advance under the Plan. They apply to borrowers In all states except Louisiana. Louisiana bortowers will execute a separate security agreement. Borrowers in other states may also be asked to execute a separate security agreement. 19. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. If we change the terms of the Plan, you agree that this Plan will continue to protect us. 20. CONTINUED EFFECTIVENESS - It any part of this Plan is determined by a court to be unenforceable, the rest will remair in effect. 21. THE SECURITY FOR THE LOAN -You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an Advance ("the Advance'). The 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. 22. WHAT THE SECURITY INTEREST COVERS -The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and 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. 23. OWNERSHIP OF THE PROPERTY -You promise that you own the property or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the Advance is repaid. You promise you will allow no other security interest or lien to attach to the property eftiter by your actions or by operation of law. 24. PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to fhe what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property, 25. USE OF PROPERTY - Until the Advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property tnr any unlawful purpose. 26. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE. THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECTTO REPOSSESSION, IF FT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 27. VERMONT NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OFTHIS LOAN. IFTHE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT- if you think your statement is wrong. or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your 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. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount In this Agreement, the words you and your means each and all of those who apply for the card or who signs this AgreemenL Card means the VISA Credit Card and any duplicates and renewals we Issue. Account means your VISA Credit Card Line of Credit aunt 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 also 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) 237-7329. After hours call (800) 556-5676. 3. LIABILITY FOR UNAUTHORIZED USE - You understand that your total liability to the Credit Union shall not exceed $50 for any card transactions resulting from the loss, theft or unauthorized use of the card that occurs prior to the time you give notice to the Credit Union. Such liability does not apply when the card Is used to make electronic fund transfers. The Credit Union uses neural networks, which by artificial intelligence can recognize and alert us to potential fraudulent transactions. These alerts may generate inquiries about your use of the card and we apologize for any inconvenience this might cause. 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 Una. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit Line only by written application to us, which must be approved by our credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and terminate this Agreement. Good cause includes your failure to comply with this Agreement or any other agreement with us, or our adverse reevaluation of your creditworthiness. You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 5, CREDIT INFORMATION - You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) 520.00, whichever is greater. In addition, at any time your Total against your credit limit. You do not have to pay any questioned amount while we are. investigating, but you are still oblicated':o p.:y the parts of your stwemew :hat 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 arnOUnt. 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 CARO 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. New Balance exceeds your Credit Line, you must immediately pay the excess upon our 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, than 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 Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate as disclosed on the addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate. Balance Computation Method Average Dally Balance 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 amount. 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 (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 is 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 marner: first to previous late tees. 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 bung credited, if any, and then to the balance of your account. VISA' Credit Card Agreement and Truth In Lending Disclosure (continued) Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to cr exceeds the New Balance shown on that statement, we will nct apply the Monthly Per odic Rata to your Account on your next statement. 8. DEFAULT - You wits be in default it you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to transfer funds sufficient to make the minimum payment due if your VISA loan is in default You agree that we may temporarily suspend your ATM card access if your VISA payment is due for a period exceeding 30 days. You will also be in default if your ability fo repay us is materially reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or if the value of our security interest materially declines. We have the right to demand immediate payment of your lull account balance If you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees, 9. USING THE CARD - To make a purchase or cash advance, there are two aRernative procedures to be followed. One is for you to present the card to a participating VISA plan merchant, to us or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the VISA system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statemenL You will retain a copy of such slips furnished at the time of the transaction in order to verify the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they wit) do so by sending us a credit slip which we will post to your account. If your credit and payments exceed what you owe us, we will hold and apply this credit balance against future purchases and cash advances, or If it is one dollar or more, refund it on your written request or automatically after six months. MONEY ACCESS CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our and us) issuing to you a MONEY ACCESS CARD, hereby agree to be legally bound by the following terms and conditions, You agree that the use of your MAC card(s) constitutes acceptance of the terms and conditions of this Agreement. You understand that MAC is a credit-related service and you authorize PSECU to obtain a credit report on any users of this account. 1. Accounts and Uses of MONEY ACCESS CARD You have the account(s) (including Checking and Regular Shares), which we set forth on your application form with this Agreement. You hereby request that we issue to you one or more MONEY ACCESS CARD(s) to be used in connection with such accounts as described in this Agreement. You understand you may use the MONEY ACCESS CARD at a MONEY ACCESS CENTER" to (1) withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from your account, (4) receive Information regarding the balance, in your account(s) or (5) make cash advances from your credit account(s) in the amounts you request. You may also use automated teller machines throughout the United States and in certain foreign countries which bear the PLUS SYSTEM' name and logo (1) to make withdrawals from, (2) effect transfers to or from, (3) receive information regarding the balances in your Checking or Regular shares. If you have a Personal Service Loan approved and in place, you may also make a cash advance from your PSL. You further understand you may use the MONEY ACCESS CARD to purchase goods and services ("Purchase') at any retail establishment ("Merchant") where MONEY ACCESS CARDS are accepted by such Merchant. It you use the MONEY ACCESS CARD to make a Purchase to obtain cash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant. You request that we will provide to you such other services or access to other ATM systems or networks using the MONEY ACCESS CARD which we may later make available and which we advise you are offered in connection with your account(s) set forth or, your application form. You also understand that from time to time you may request in writing that we provide access to additional accounts of yours through the MONEY ACCESS CARD we have issued to you. You agree that the uses of the MONEY ACCESS CARD described in this Agreement shall be subject to the rules and regulations of each account which is accessed by such Card. 2. Use of Personal Identification Number ("PIN") with MONEY ACCESS CARD You understand that a MONEY ACCESS CENTER or a PLUS SYSTEM ATM is an automated teller. It can and will perform many of the same tasks as a human teller. You acknowledge that the Personal identification Number or PIN which you use with the MONEY ACCESS CARD is your signature, identifies the bearer of the Card to the MONEY ACCESS CENTER, PLUS SYSTEM ATM, or other network ATM and authenticates and validates the directions given just as your actual signature and other proof identify you and authenticate and validate your 11. FOREIGN TRANSACTIONS - Purci ass: and cash advances made in foreign countries and foreign currer•cies will be bated to you ,n U.S. lours The corkers on rate to dollars will be (1) the wholesale market rate or {P; the government-mandated rate, whichever is applicable, in effect one day prier to the processing date. increased by one percent. 12. PLAN MERCHANT DISPUTES - We are not responsible for tie refusa! of any plan merchant or financial institution to honor your card. We are subject to claims and defenses (other than tort claims) arising out of goods and services you purchase witn the card only If you have made a good faith ahempt, but have been unable to obtain satisfaction from the plan merchant, and (a) your purchase was made it response to an advertisement we sent or participated in sending you, or (b) your purchase cost more than $50 and was made from a plan merchant in your state or within 100 miles of your home. Any other disputes you must resolve directly with the plan merchant. 13. SECURITY INTEREST - To secure your accourt, 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 al your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. 14. EFFECT OF AGREEMENT - This Agreement is the contract which applies to 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 amencments. 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. 15. LATE PAYMENT CHARGE - If your Minimum Payments not paid within 15 days after the Payment Due Date, you will be subject to a single charge of 5% of the minimum scheduled payment. 16. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement. directions to a human toiler. You also understand that a Merchant which accepts the MONEY ACCESS CARD for a Purchase transaction may have an electronic terminal (Merchant operated or Self-Service) which requires the use of your PIN and when your PIN is used at a 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 ccnfidentiat and that the use of the PIN with the MONEY ACCESS CARD is a security devise for your account(s). Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PIN. Liability for Unauthorized Transactions You agree to contact us at once if you believe the MONEY ACCESS CARD(s) issued to you or PIN has been lost or stolen or money is 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 last after that time. YOU AGREE THAT IF YOU GIVE YOUR MONEY ACCESS CARD(S) and PINTO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY THEM. You could lose all your money in the account(s) if you take no action to notify PSECU of the loss of your MONEY ACCESS CARD or PIN. Safeguard your Personal tdentifcation Number (PIN). Do not tell or disclose your PIN to any other person. Do not write your PIN on your MONEY ACCESS CARD. Do not keep a written record of your PIN near your MONEY ACCESS CARD. Do not choose a PIN that Is easily Identifiable. A new card may be ordered for you at that time and a "hold' will be placed on your old card. After such time, if you find your old card, destroy the old card by cutting it in half. If you attempt to use your old card, it will be captured and retained by the MONEY ACCESS CENTER, PLUS SYSTEM, or HONOR ATM. j 4. Charges II You agree to pay a 50 cent charge for each deposit or withdrawal exceeding 15 a month. You agree to pay the 50 cent peralty charge on any cash disbursement transaction (loan advance or share withdrawal) that is less than $20. You agree to pay a 25 cent charge on each balance inquiry. You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered as such fees or charges may be imposed or changed from time to time. 5. Deposits You agree that when you make a deposit at a MONEY ACCESS CENTER that we have the right to verity the deposit before we make the money available to you. I If you deliver cash, checks or other items to a MONEY ACCESS CENTER, you understand and acknowledge that the funds from your deposit may not be i available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular accourt in which you E c ronlc Fins nsjgy hfA,?c?re?menf_ and Regs?.l..Ation "E" Disclosure (continued) are making a deposit, the items that you are depositing and whether tha deposit is made at a MONEY ACCESS CENTER that is owred by us or another financial institution. You also understand and acknowledge that not all MONEY ACCESS CENTERS may accept deposits and some MONEY ACCESS CENTERS may lima the amount of funds which may be deposited and we may not control these limits. 6. Liability If the MONEY ACCESS CARD is issued for a joint account, you agree to be joinifly and severally liable under the terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks, drafts or other items! and we make funds available to you from such deposits prior to their collection, you agree that we may deduct the amounts of such funds from your account(s) which are not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are not collected. 7. Amendment of this Agreement You agree that from time to time we may amend or change the terms of this agreement including amendments or changes to add further MONEY ACCESS CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the MONEY ACCESS CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. 8. Ownership You agree that the MONEY ACCESS CARD is our property and you will surrender it to us upon our request You agree that the MONEY ACCESS CARD is non-transferrable. 9. Disclosures You hereby acknowledge receipt of the disclosure statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. REGULATION "E" DISCLOSURE 1. Summary of Consumer Liability MAC, ACH and SST - Tall us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your maximum overdraft tine of credit. If you believe your card has been lost or stolen, and you tell us within two business days after you loam of the loss or theft, you can loss no more than 550 if someone used your card without your permission. If you do not tell us within two business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as 5500. Also, if your statement shows transfers that you did not make, tell us at once. if you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days it we can prove that we could have stopped someone from taking the money it you had told us in time. If a good reason such as a long trip or a hospital stay kept you from telling us, we will extend the time periods. 2. Telephone Number and Address to Notify of Unauthorized Transfers MAC - Contact PSECU at (800) 237-7328 or Money Access Service (MAC) at (800) 523-4175 during PSECU non-business hours, then follow up by contacting PSECU at (800) 237.7328 the next business day. 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 7:00 a.m. - 5:DO p.m. M - F 8:00 a.m. - Noon Saturday TDD (800) 472-1967 Nationwide (717) 777-2100 in Harrisburg 3. Financial Institution's Business Days MAC, ACH and SST - PSECU's Business Days are Monday through Friday, Holidays not included. 4. Types of Electronic Transfers a Consumer May Make MAC - Balance inquiries on checking, savings and PSL; withdrawals from checking/savings; cash advance from PSL; deposits to 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. i 5. Any Charges for Electronic Funds Transfers or for the Right to Make Transfers MAC - Fifty cents for each disbursement Gash advance or witndrawal) less than S20; fifty cents for each transaction over 15 per month, and a 25 cent charge on each balance inquiry. ! ACH - $20 service charge for insufficient `unds for each electronic transfer. SST- none 6. Summary of Consumer's Right to Receive Documentation of EFT's MAC - You are entitled to receive a printed receipt at the tame of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the morth, and any penalties or charges I 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 1 every 60 days from the same person or company, you can call us at (800) 237- i 7328 to find out whether or not the deposit has been made. 7. Stop Payment Rights - Pre-authorized transfers • MAC and SST - Not applicable. • ACH - Right to Stop Payment and Procedures for doing so. 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: Cali 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 fimis that you set. • Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, unless we request and do not receive written confirmation of an oral stop payment within 14 days and the transfer takes place after 14 days, or you fail to give us proper instructions that would enable us to place the stop on the transfer. 8. Summary of the Financial Institution's Failure to Make or Stop Certain Transfers ` MAC - H PSECU fails to complete a transaction on time or in the correct amount, when properly Instructed by you, PSECU will be liable for damages caused by our failure unless: (1) there are insufficient funds in your account to complete the transfer; (2) the funds in your account are uncollected; (3) the funds are subject to legal process; (4) the transaction you request would exceed the funds in your account plus any available overdraft protection; (5) the Money Access Center, PLUS system or HONOR ATM has insufficient cash to complete the transaction; (6) your card has been reported lost or stolen and you are using the reported I card; (7) PSECU has reason to believe that the transaction requested is unauthorized; (8) the failure is due to an equipment breakdown that you know about when you started the transaction at the Money Access Center, PLUS System or HONOR ATM; (9) the failure was caused by an act of God, fire, or other catastrophe, or by any other cause beyond control; (10) if you attempt to complete a transaction that, at a Money Access Center, PLUS System or HONOR ATM, or merchant terminal that Is not a permissible transaction listed above; or, (11) the transaction would exceed the security limitations on the use of your Money Access Card. ACH and SST - if PSECU 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 credit; (5) PSECU has reason i to believe that the transaction requested is unauthorized; (6) the failure was j caused by an act of God, fire, or other catastrophe, or by another cause beyond i control. In any case, PSECU shall be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite PSECU's I procedures to avoid such errors. 9. Disclosure to Third Parties MAC, ACH and SST - PSECU will disciuse 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, I 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 j certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; and (7) when it is necessary to take legal action to recover shares. Ele?r4nc_E?rnds.Tr?nsfer_iiAC Agreement aiul_RegWpf_lop._E_Di$closure (continued) 10. MONEY ACCESS CENTER Services MAC Only - You may use your MONEY ACCESS CAPD wttn your Personal Identification Number (PIN) at MONEY ACCESS CEN" ERS IOCated in Delaware, Maryland, New Jersey and Pennsyivan,a to conduct any of the following transactions for the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some MONEY ACCESS CENTERs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all MONEY ACCESS CENTERS may accept deposits. There may also be limits on the amount of funds which you may deposit in certain MONEY ACCESS CENTERS. 11. PLUS SYSTEM' Services MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rico, Canada, Great Britain and Japan to conduct any of the following transactions on the accounts accessed by your MONEY ACCESS CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs. These are the MONEY ACCESS CENTER services currently available through the PLUS SYSTEM network. Other services may be offered in the future. 12. HONOR- System Services MAC Only - You may use your MONEY ACCESS CARD with your Personal Identification Number (PIN) at any HONOR automated teller machine (HONOR ATM) located throughout Florida and other areas where there are HONOR ATMs. The following transactions may be done on the accounts accessed by your MONEY ACCESS CARD, a) Determine the account balance(s) of your 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 HONOR SYSTEM ATMs. These are the MONEY ACCESS CENTER services currently available through the HONOR SYSTEM network. Other services may be offered in the future. 13. Other ATM Network Access MAC Only -From time to time, PSECU may make arrangements with other ATM networks to grant access to MONEY ACCESS CARDs. PSECU shall Inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described. 14. Purchase Transactions MAC Only - You may use the MONEY ACCESS CARD to purchase goods and services ('Purchase) at any retail establishment (*Merchant) where MONEY ACCESS CARDS are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking. When you make a Purchase using the MONEY ACCESS CARD, you wits be requesting PSECU to wrindraw funds from your Checking in the amount of the Purchase and directing PSECU to pay these funds to such Merchant. 15. Limitations on the Use of your MONEY ACCESS CARD MAC Only - You may withdraw up to 5500 per day from one or a combination of j your accounts by using a MONEY ACCESS CARD provided the funds are availabe at a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System ATM. In addition, you may withdrawlpu(chase up to 5500 at point of sale i locations PSECU reserves the right to reduce this daily limit at any time. In the event that your daily limit is less than 5500, PSECU will advise you of the new limitation The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the MONEY ACCESS CARD. However, these limitations are not revealed for security reasons. The Pennsylvania State Employees Credit Union is not obliged to maintain such limitations. You will be denied use of your MONEY ACCESS CARD if you exceed the daily withdrawalipurchase limit, if you do not have adequate funds available in your account, do not enter the correct Personal Identification Number (PIN), or exceed the trequency of usage limitation. The receipt provided by the MONEY ! ACCESS CENTER, PLUS SYSTEM, or HONOR System ATM. or Merchant terminal will notity you of the denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit will result in machine retention of j our MONEY ACCESS CARD The number c.r :,orn s lna' re-su t rrach ne retention is not revealed for security purpos.a 16. Error Resolution Procedures MAC, ACH and SST - In case of errnr, or r,.ues!;ons abou! your transactions: Direct inquiries to PSECU at 1,800) 237-'323 Nat!orrrae, TDD 13001 472.1967 Nationwide, (717) 777-2100 'n Harrisburg, or trite PSECU at. Pennsylvania State Employees Credit Union, P.G Box 67713, Harnsourg, 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 alter it sent you the f:rst statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and MONEY ACCESS CARD number (if a MAC transaction), or reference number (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 MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for MONEY ACCESS CENTER purchase transactions. If we need more time, however, we may take up to 45 days for MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF- SERVICE TELEPHONE, or DIRECT DEBIT!CREDIT TRANSACTIONS or 90 days for MONEY ACCESS CENTER purchase transactions. If PSECU decides to do this, It will recredit your accourit within 10 business days for the amount you think is in error 9 it is a MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-SERVICE TELEPHONE. or DIRECT DEBIT/CREDIT transaction, or 20 business days if it is a MONEY ACCESS CENTER purchase transaction. You will have the use of the money during the time 4 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. It PSECU credits your account while investigating, you must repay those funds if PSECU concludes no error has occurred. Notice To Consumers Using ATM's Be alert to your surroundings. If you doubt the safety of a particular location, choose another ATM. 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(OTHER 9E) 4 HOME TYPE _ EQUITYADIIANCE YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS AUJ MCE CREDIT DISABIU'rY?-?• INSURED WITH THE FOLLOWING COVERAGE YES ? NO [3 SINGLE CREDIT LIFE YES El NO ?X JOINT CREDIT LIFE . YES ? NO R LI DAILY PERIODIC RATE (CHANGEINTERMSONLY) ANNUAL PER- INTEREST RATE 19 AMOUNT REQUESTED +OTHER CHARGES AMOUNTADVANCED 4 PREVIOUS BALANCE NEW BN ANCE 020521 CENTAGE RATE 490 7 FIXED VARIABLE 4 + 13 4 N, ' 4 :' t 0 00 44 - 3 73 . . % . ,73 [3 El . , 1 4. PAYMENT DUE DATE PAYMENT FREQUENCY PROJECTED LOAN TERM 275.15 12/4/2002 MONTHLY SECURITY OFFERED IF THIS IS A HOME EQUITY ADVANCE, THE ONLY SECURITY FOR THIS ADVANCE 18 THE REAL PROPERTY (IN MOST CASES YOUR HOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT Y" ESTABLISHED. IF TWO 18 NOT A HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANUNER• CREDIT AGREEMENT, THE FOLLOWING PROPERTY SECURES THIS ADVANCE. ITEM : : p OPE ;I! !:. ::' ;;l::: I ' ::n: • ;I:; ::+: ....... . ..... . . ,. BMW 2. 3. Z3 1996 4USCH7322TLB7480 SW 15,900.00 4. OTHER YOU PLEDGE SHARES AND/OR DEPOSITS OF $ IN ACCOUNT NUMBER OLD ACCOUNTA.OIW NUMBER PAYOFF PRINC, + INT OLD ACCOUNTILOAN NUMBER PAYOFF PRINC.+ INT.) OLD ACCOUNTA.OAN NUMBER PAYOFF PRINC. + INT. OLD ACCOUNTILOAN NUMBER D PAYOFF PRINC.+ OLD ACCOUNTA.OAN NUMBER E PAYOFF PRINC.+ INL OLD ACCOUNT7LOAN NUMBER PAYOFF PRINC.+ INT By accepting the proceeds or by using the funds advanced and deposited Into your shale/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 LOANLINER• 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 In accordance with the terms of the Plan. CUM 16111FI . GROUP. 1900, 92, 84, 95. as. 98, 99, 2000, 2001• ALL RKHM RESERVED PSECU FORM 93175 JM01004 037-2092-I (4101) SECURITY AGREEMENT In this agreement all references to Credit Union, we, our, or us means Pennsylvania registration fees) due on the property. State Employees Credit Union and anyone to whom the Credit Union assigns the Credit Agreement which will be referred to as the Plan All references to ou d If you do not pay the taxes or fees on the property when due or keep it insured, we may . y , your, an borrower mean each person who signs this agreement All references to the advance pay these obligations, but we are not required to do so. Any money we spend for taxes, . 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 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 . 1. THE SECURITY FOR THE LOAN - By signing this security agreement in the 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 ou and signature area or under the statement referring to this agreement which is on the back y other borrowers have complied with the insurance requirements of our loan agreements of the check you receive for the advance,. you give us what is known as a security or may engage others to do so. The insurance charge added to the advance may include interest in the property described in the Security Offered section on the reverse side. The security interest you give includes all accessions Accessions are thin hi h (1) the insurance company's payments to us and (2) the cost of determining compliance with th i i . gs w c are attached to or installed in the property now or in the future. The security interest also e nsurance requ rements. 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 includes any replacements for the property which you buy within 10 days of the added within the term of the insurance or approximate term of the advance 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 . B. NOTICE - If you do not purchase the required property insurance, the insurance property. If the value of the property declines, you promise to give us more property as security if asked to do so. 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 2. WHAT THE SECURITY INTEREST COVERS - The security interest secures the advance and any extensions, renewals or refinancings of the advance It also secures responsibility or no fault laws. 9. DEFAULT - You will be in default if you break any promise you make under this . any other advances you have now or receive in the future under the Plan and any other a t 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 an one is in moun s 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 . , y default who has signed the Plan'. household goods as defined by the Federal Trade Commission Credit Practices Rule 10. WHAT HAPPENS IF YOU ARE IN DEFAULT - The following paragraph applies , the property will secure only the advance and not other amounts you owe, to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, 3. OWNERSHIP OF THE PROPERTY - You promise that you own the property or Massachusetts, Missouri, Nebraska, South Carolina and West Virginia. When you are in default and after expiration of any right you have under applicable state la t 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 a ainst th w o cure your default, we can require immediate payment of your outstanding balance g e property that you have not already told us about. You promise not to sell or lease the under the Plan without giving you advance notice. property or to use itas security for a loan with another creditor until the advance is The following paragraph applies to borrowers in all other states. When you are in repaid. You promise you will allow no other security interest or lien to attach to the default, we can require immediate payment (acceleration) of what you owe under the property either by your actions or by operation of law. Plan and take possession of the property. You waive any right you have to demand for 4. PROTECTING THE SECURITY INTEREST - If your state issues a title for the payment, notice of intent to accelerate and notice of acceleration. The following paragraphs apply to all borrowers. 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 You agree the Credit Union has the right to take possession of the property without claims of others: If asked to do so, you promise to sign a financing statement You judicial process if this can be done without breach of the peace. If we ask, you promise also promise to do whatever else we think is necessary to protect our security interest to deliver the property at a time and place we choose. We will not be responsible for in the property. You promise to pay all costs, including but not limited to any attorney any other property not covered by this agreement that you leave inside the property fees, we incur in protecting our security interest and rights in the property to the or that is attached to the property. We will try to return that property to you or make , extent permitted by applicable law. r it available to you to claim. , 5. USE PROPERTY-Until the advance has been paid off, you promise you will: After we have possession of the property, we can sell it and apply the money to any 1 Use the carefully and keep ? () property y p it in good repair" (_) Obtain our written amounts you owe us. We will give you notice of any public sale or the date after which permission before making major changes to the property or changing the address a private sale will be held. Our expenses for taking possession of and selling the where the property is kept. (3) Inform us in writing before changing your address. (4) property will be deducted from the money received from the sale. Those costs may y Allow us to inspect the property. (5) Promptly notify us if the property is damaged include the cost of storing the property, preparing it for sale and attorney's fees to the , stolen or abused. (6) Not use the property for any unlawful purpose, extent permitted under state law or awarded under the Bankruptcy Code. The rest of 6. CONSUMERS' CLAIMS AND DEFENSES NOTICE - The following paragraph li 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 an amount that app es only when the box on reverse side is checked. y remains unpaid after the sale money has been applied to the unpaid balance of the NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS advance and to what you owe under this agreement. You agree to pay interest on that SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD amount at the same rate as the advance until that amount has been paid. ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - We can WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE delay enforcing any of our rights under this agreement any number of times without DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR 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 th Pl HEREUNDER. . e an, you agree that this agreement will continue to protect us. 7. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property 12• CONTINUED EFFECTIVENESS - If any part of this agreement is determined by insurance on all property that you give as security under the Plan. You may purchase a court to be unenforceable, the rest will remain in effect. the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acce table to us You 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE O p . 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 insu li M TOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL . rance po cy payable to us ind to deliver the policy or proof of coverage to us if asked to do so AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU . MAY HAVE TO PAY THE DIFFERENCE. f you cancel your insurance and get a refund, we have a right to the refund. If the 14. NOTICE FOR ARIZONA OWNERS OF PROPERTY- It is unlawful for you to fail to ,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 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 add :heck which may be payable to you in order for us to collect any refund or benefits i lue under your insurance policy. You also promise to pay all taxes and fees (like . ress you gave us. It s your responsibility to notify us if your address changes. The maximum penalty for unl f l f il t aw u a ure o return a motor vehicle is one year in prison and/or a fine of $150,000. ?t9? r.{[y(F {Z [;nTlr R['[?RR[[1T[ft n[ (1FI T![F` nl-[rt•nnw rsrnw •n ws w.? w?......? - -_??_____ the t i Pennsylvania State Employees CreditUnlon Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • (717) 231.8484 • (800) 237-7328 ; Mailing Address: P.O. _Box 67013. Hard birg,_PA 17_106-7013. 717 777-2100 DD 800 472-1967 DD t ?? Sovings(ederallyinsaredaotoSl00,000SytheNationalCreditUnionAdminiftlion WWW.psecu,aom ` EXHIBIT "D" f PSECO the financial link- Pennsylvania State Employees Credit Union PO Box 57013 a Harrisburg, PA 17106-7013 is (717) 234-8484 Harrisburg, (800) 237-7328 Nationwide Loan Disclosures This LOANLINER' Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents include this Agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS PLAN WORKS - This is an open-end, multi featured credit plan. We anticipate that, from time to time, you will borrow money (called 'advances') under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called'subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain subaccwunts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. It you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT -- You promfs@ to. repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different date at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account, you will be responsible far paying all overdraft advances obtained by a joint holder of the share draft account Payments will be applied in the order the Credit Union chooses. 4. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATMIDebit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debit card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a share draft account, your ffabllity is governed by the Regulation E disclosures you received at the time you received your ATM/Debft carts, even if the withdrawal results in an advance being made from your overdraft subaccount. 5. FINANCE CHARGE -The dollar amount you pay for money borrowed is called a 'finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addend in-explafnsftow-the'variable interest rate works. 6. SECURITY -You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. The following paragraph applies in all states except In Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the depostts and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term 'Federal Credit Union') For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as `New Cars') you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as "Other Secured' means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future. except any loan secured by your principal dwelling. Property securing other loans you have with us may also secure the Plan 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 CUNA MUTLk GRUu: 1920 82 ca H, 59 92 93.:000 1 '2 Zi I RIGHTS ? ESER`,-7 W7 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 gel and pay for. You promise to make the Insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep 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 or Its loan agreements or may engage others to do so. The insurance charged added to your advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of your advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE- If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The Insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional under the Plan. If you quality for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance, your payments may increase for the period of time necessary to repay your advance may be extended beyond the approximate term stated on the Addendum. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. 10. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the penod 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. 11. JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly responsible for paylA all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against ell 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 fir all of you, You remain liable Individually and jointly for all advances incurred before termination. 12. 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 so, the amount of the fee wig be disclosed to you at this time you obtain an advance. We may also charge you other fees in connection with the Plan. Those fees are disclosed on the Addendum and Mil be added to your loan balance unless you pay them in cash. 13. UPDATING CREDIT INFORMATION -You promise that you will promptly give us written notice 9 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. 14. 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. rho 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 of your ability to repay what you owe under the Plan. PSECU FORM 03146 1RYynAni.l n17.1no9.1 011171 LOANLiNER` Credit and Security Credit Agreement (continued) 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 also be in default under the Plan if you are in default under any other loan agreement with us. 15. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missourf, Nebraska, West Virginia and South Carolina. When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in all other states except, 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 unless a defauft rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied toward what you owe. We can also exercise any other rights given by law when you are in default. You agree the Credit Union has the right to take possession of any property given as security for an advance under the Plan without judicial process if this can be done without breach of the peace. 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 4 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 4 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 win be applied to what you owe under the Plan. You will also have to pay any amount that remains unpaid after the sale money has been applied to any unpaid balance under the Plan. You agree to pay interest on that amount at the saute rate as the advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount has been paid. The foll4ling paragraph applies only to Wisconsin borrowers: When you are in default and after expiration of arty right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of the property given as security. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses Incurred in disposing of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. The following paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration, if immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied toward what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. 16. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers in Illinois: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraphs apply only to borrowers in Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes, You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers In all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion, and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all borrowers other than Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You can cancel the Plan at any time. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan. 17. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. If we change the terms of the Plan, you agree that this Plan will continue to protect us. 16. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court to be unenforceable, the rest will remain in effect. 19. NOTICE TO UTAH BORROWERS - This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. 20. THE SECURITY FOR THE LOAN -You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an Advance (`the Advance'). The security interest you give includes all accessions. Accessions are things which are attached to or instatted 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. 21. WHAT THE SECURITY INTEREST COVERS - The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and 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. 22. OWNERSHIP OF THE PROPERTY -You promise that you own the property or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a ban 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. 23. PROTECTING THE S*URITY 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 interests and rights in the property, to the extent permitted by applicable law. 24. 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 notity us if the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 25. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 26. VERMONT NOTICE TO COSIGNER - YOUR SIGNATURE ON THIS NOTE MEANSTHATYOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,THE LENDER HAS A LEGAL RIGHTTO COLLECT FROM YOU. 27. 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 notity 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 Iasus. Account means your VISA Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. RESPONSIBILITY- Ifwe issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card accounL For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will dose the account for new transactions it you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will Immediately, call the Credit Union at (717) 234-8484 or (800) 237.7328. After hours call L600) 556-5678. 3. LIABILfTY 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 W. A. CREDIT LINE - If we approve your application, we will establish a sell- 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 Lino,onfy.yy.writ> er+.?rpplicatfon to-us, which must be approved by our crad'a c ommitttee 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 conply with this Agreement or any other agreement with us, or our adverse reevaluationof your creditworthiness. You may also terminate this Agreement at any time, burl termination by either of us does not affect your obligation to pay the account balance. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 5. CREDIT INFORMATION -You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. The minimum payment will be (a) 2% of your Total New Balance, rounded tip 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 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 After we receive your letter, we cannot try to celled 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. It we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. 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 crust 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 owadVertlaemeW for-the-property or services. _.- charges, then to current late fees, then to previous casts advance balances, then to previous purchase balances in the order that they were posted to your account. than to cuff" crash advance balances, and then to current purchase balances. 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement dosing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Computation Method Average Dally Balance for Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily+i3alance 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 "ance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, arxd 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 Dally Balance for cash each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous day 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. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a st3ternent is equal to or exceeds the VISA' Credit Card Agreement and Truth In Lendfng Disclosure (continued) Vew Balance shown on that statement, we will not apply the Monthly Periodic Rate o your Account on your next statement. d, DEFAULT - You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to ransli r funds sufficient to make the minimum payment due if your VISA loan is in default. You agree that we may temporarily suspend your ATM card access if your VISA payment is due for a period exceeding 30 days. You will also be in default if your ability to repay us is materially reduced by a change in your employment, an ncrease in your obligations, bankruptcy or insolvency proceedings involving you. your death or your failure to abide by this Agreement, or if the value of our security merest materially declines. We have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 3. USING THE CARD - To make a purchase or cash advance, there are two alternative procedures to be followed. One is for you to present the card to a participating VISA plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides sccess to the VISA system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identify the merchant, efectronlo terminal or financial Institution at which transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statements. You will retain a copy of such slips furnished at the time of the transaction at order to verify the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your aooount. If your credit and payments exceed what you owe us, we will hold and apply this credit balance against future purchases and cash advances, or it it is one dollar or more, refund it on your written request or automatically after six months. It. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign ainencies will be bitted to you in U.S. dollars. The conversion rate to dollars will be made in accordance with the operating regulations for International transactions established by VISA U.S.A., Inc. 12. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any plan merchant or financial institution to honor your card. We are subject to claims and ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we. our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the following temG and conditions. You agree that the use of your ATM card(s) constitutes acceptance of the terms and conditions of this Agreement. You understand that ATM is a credit-belated service and you authorize PSECU to obtain a credit report on any users of this account. 1. ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including Checking and Regular Shares), which we set forth on your application form with this Agreement. You hereby request that we issue to you one or more ATM CARD(s) to be used in connection with such accounts as described in this Agreement. You understand you may use the ATM CARD at a STAR SYSTEbISS ATM to (1) withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from your account (4) receive information regarding the balance in your account(s) or (5) make cash advances from your credit ac rount(s) in the amounts you request. You may also use automated totter machines throughout, the United States and in certain foreign countries which bear the PLUS SYSTEMS name and logo (1) to make withdrawals from, (2) effect transfers to or from. (3) receive information regarding the balances in your Checking or Regular shares. If you have a Personal Service Loan approved and in place, you may also make a cash advance from your PSL. You further understand you may use the ATM CARD to purchase goods and services ("Purchase") at any retail establishment ('Merchant") where ATM CARDs are accepted by such Merchant If you use the ATM CARD to make a Purchase to obtain cash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the amount of such Purchase (Including any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant. You request that we will provide to you such other services or access to other ATM systems or networks using the ATM CARD which we, may later make available and which we advise you are offered in connection with your account(s) set forth on your application form. You also understand that from time to time you may request in writing that we provide access to additional accounts of yours through the ATM CARD we have issued to you. You agree that the uses of the ATM CARD described 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 defenses (other than tort claims) arising out of goods and services you purchase with the card only if you have made a good faith attempt, but have been unable to obtain satisfaction from the plan merchant, and (a) your purchase was made in response to an advertisement we sent or participated in sending you, or (b) your purchase cost more than $50 and was made from a plan merchant in your state or within 100 miles of your home. Any other disputes you must resolve directly with the plan merchant. 13. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. If you default, we will have the right torecover any of our these goods which we have not been paid for through our application Y 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. 14. 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. 15. LATE PAYMENT CHARGE - If your Minimum Payment is not paid within 15 days after the Payment Due Date, you will be subject to a single charge of 5% of the minimum scheduled payment 16. RUSH FEES -You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 17. DRAFT COPIES - You may incur an additional charge for transaction summaryisale draft documentation. 16. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement. 18. ILLEGALTRANSACTIONS PROHIBITED -You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. 20. 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. 21. NEURAL NETWORK - PSECU uses neural network systems to predict and prevent unauthorized transactions. There may be occasions when a transaction is declined because K is indicative of possible fraudulent activity. 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 TAI(E 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 CARO(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 rot 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 A new card may be ordered for you at that time and a "hold" will be placed on your old card. After such time, if you find your old card, destroy the old card by cutting it in half. If you attempt to use your old card, it will not work. 4. CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash disbursement transaction (loan advance or share withdrawal) that is less than $20. You agree to pay a 25 cent charge on each balance inquiry. You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered as such fees or charges may be imposed or changed from time to time. 5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS ATM that we have the right to verify the deposit before we make the money available to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular account in which you are making a deposit, the items that you are depositing and whether the deposit is made at a Electronic Funds Transfer. ATM Aaregltr ent and Reoufation _EL Discfosure (continued) STAR SYSTEMS ATM that is owned by us or another financial institution You also understand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the amount of funds which may be depos,ted and that we may not control these limits. 6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to be jointly and severalty liable under the terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks, drafts or other items) and we make funds available to you from such deposits prior to their collection. you agree that we may deduct the amounts of such funds from your account(s) which are not collected or. if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are not collected. 7. AMENDMENT OF THIS AGREEMENT - You agree that from time to time we may amend or change the terms of this agreement Including amendments or changes to add further ATM CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the ATM CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. 8. OWNERSHIP -You agree that the ATM CARD is our property and you will surrender lt to us upon our request. You agree that the ATM CARD is non- transferable. 9. DISCLOSURES - You hereby acknowledge receipt of the disclosure statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. REGULATION "E" DISCLOSURE 1. ELECTRONIC CHECK CONVERSIONiELECTRONiC RETURNED CHECK FEES - If you pay for something with a check or share draft, you may authorize it to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds transfers it you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY - • ATM, ACH and SST - Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. If you believe your card has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card without your permission. If you do not tell us within two business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason such as a long trip or a hospital stay kept you from telling us, we will extend the time periods. 3. 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, fallow the directions for Last 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: 7:00 a.m. - 5:00 p.m. M - F TDD (600) 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 checkingfsavings: 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, and a 25 cent charge on each balance inquiry, • ACH - $20 service charge for insufficient funds for each electronic transfer. • SST - none 7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF EFT'S - • ATM - You are entitled to receive a printed receipt at the time of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST - You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you can call us at (800) 237-7328 to find out whether or not the deposit has been made. 8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS - • ATM and SST - Not applicable. • ACH - Right to Stop Payment and Procedures for doing so. If you have told us in advance to make regular paymants out of your accoynt, you can stop - any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide) or (717) 2348484 (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 4 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 fail outside certain limits that you set. • Liability for Failure to Stop Payment of Praauthorized Transfers. It you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, unless we request and do not receive written 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 piece 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 faiure 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 compiete 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 unauthortzed;j8)1he failure is due to anti equiprnenTSfdSN"lfD6v-ir- 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 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 property instructed by you, PSECU will be liable for damages caused by our failure unless: (1) there are insufficient funds in your account to complete the transfer; (2) the funds in your account are uncollected; (3) the funds are subject to legal process; (4) the transaction you request would exceed the funds in your account plus any available overdraft credit; (5) PSECU has reason to believe that the transaction requested is unauthorized; (6) the failure was caused by an act of God, fire, or other catastrophe, or by another cause beyond control. In any case, PSECU shall be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. 10. DISCLOSURE TO THIRD PARTIES - • ATM, ACM 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 Electronic Funds Transfer ATM Agreement and Regulation "E" Disclosure (continued) government or administrative agency summonses, subpoenas, or court orders: (6) on receipt of certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; Regulation P, Privacy of Consumer Financial Information: and (7) when it is necessary to take legal action to recover shares. 11. STAR SYSTEMS SERVICES - • ATM Only - You may use your ATM CARD with your Personal Identification Number (PIN) at STAR SYSTEMs located in Delaware, Maryland, New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your ATM CARD, a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some ATMs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all ATMs may accept deposits. There may also be limits on the amount of funds which you may deposit in certain ATMs. 12. PLUS SYSTEM' SERVICES - • ATM Only -You may use your ATM CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rico, Canada, Great Britain and Japan to conduct any of the fallowing transactions on the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL), b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs. These are the STAR SYSTEMs services currently available through the PLUS SYSTEM network. Other services may be offered in the future. 13. OTHER ATM NETWORK ACCESS -- • ATM Only - From time to time, PSECU may make arrangements with other ATM networks to grant access to ATM CARDS. PSECU shall inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described. 14, PURCHASE TRANSACTIONS - • ATM Only - You may use the ATM CARD to purchase goods and services ("Purchase") at any retail establishment ("Merchant) where ATM CARDS are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking, When you make a Purchase using the ATM CARD, you will be requesting PSECU to withdraw funds from your Checking in the amount of the Purchase and directing PSECU to pay these funds to such MerchariL 15. LIMITATIONS ON THE USE OF YOUR ATM CARD - • ATM Only -You may withdraw up to $500 per day from one or a combination of your accounts by using a ATM CARD provided the funds are available at a STAR SYSTEMs or PLUS SYSTEM ATM, In addition, you may withdrawipurchase up to $500 at point of sale locations. PSECU reserves the right to reduce this daily limit at any time. In the event that your daily limit is 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 Stale Employees Credit Union is not obliged to maintain such limitations. You will be denied use of your ATM CARD if you exceed the daily withdrawavpurchase 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 if you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no later than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and ATM CARD number (if a ATM transaction), or reference number (if Self- Service Telephone Transaction): (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need the information, and; (c) The dollar amount of the suspected error. If you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will tail you the results of the investigation within 10 business days for STAR SYSTEMS, PLUS SYSTEM, , SELF- SERVICE TELEPHONE, or DIRECT DEBITICREDIT 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 rec redft 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 - If you use an ATM that is not operated by us, you may be charged a fee by the ATM operator and by any national, regional or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even it you do not complete a fund transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction. Notice To Consumers Using ATM's • Be alert to your surroundings. 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E?Eo u n tO ? ca c y" C m p_ ? d a x 7 y ?c" $$ w or :s t o N EN co y W .? y h c c • a x m SSS i E> E x o E 0g ` - ° o a m'9 °$u E m(D ,? 023 °cy? u ??aw O T p ) 16 o w a c o cppca v U 1L-n5 crSL 5 d d? ?? EXHIBIT "E" r i EC.11. ?p0? SIGNATURE LOAN ACTIVATION NOTICE December 3, 2003 Applicant Information: SS #; Applicant: JUSTIN C SMITH Ref #: 357171 598 Work Telephone #: Approval Amount: $5,000.00 Home Telephone #: Account Number: Signature:--- I acknowledge teceipf of the PSECU LOANLTNER Disclosure and Credit A`gi'eeinent and agree to ound by the to s set forth in said agreement. C. o4. Signatur of JUSTIN SMITH Dat SIGNATURE LOAN OPTIONS Purpose: ? jA1 4, Please select one of the following Signature Loan disbursement options: Send a ? check, or I deposit to my Share 4 (MoneyHandler/Checking Shares) Please select one of the following Signature Loan repayment options: ? Payroll Deduction ? Automatic Transfer Dir aym ? Homebanking Self Service Telephone -? Coupon EXHIBIT `6F" PSECO the financial link Pennsylvania State Employees Credit Union PO Box 6'013 a llarrrsburg. PA 17106-7013 . (717) 234-8484 Harrisburg. (800' 237-7728 N!borwde Loan Disclosures This LOANLINER" Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents include this Agreement and an Addendum. You, your and borrower mean arty person who signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called 'advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called'subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain i subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT - You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different date at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Payments M11 be applied in the order the Credit Union chooses. 4. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. N we allow you to use your ATWDebit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM(Debit card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. if the card is used to obtain advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATMMebit card, even if the withdrawal results in an advance being made from your overdraft subaccount. 5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a'finance charge' and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance N you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. 6. SECURITY - You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. The following paragraph applies in all states except In Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term 'Federal Credit Union') For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds In your account(s) to what you owe when you are In default. The statutory lien and your pledge do not apply to any individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as 'New Cars") you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as 'Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans you have with us may also secure the Plan. 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 .• CUBA Wi-jAL GRrl, ?R 198-_ 82, 34. 86 8' ' 83. 99. 2"00 C 12 U A,, P64 7S R;S-RVF0 MOT. I the property insurance from anyone you choose who is acceptable to the Credit i Union. The amount and coverage of the property insurance must be acceptab 4o to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep 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 bans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of its loan agreements or may engage others to do so. The insurance charged added to your advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of your advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE - N 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. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional under the Plan. If you qualify for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. It you elect credit insurance, your payments may increase for the period of time necessary to repay your advance may be extended beyond the approximate term stated on the Addendum. The credit insurance rates may change during the Plan. N the rates change, we will provide any notices required by applicable law. 10. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices 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. 11. 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. N 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. 12. FEES AND CHARGES - N you give us a security interest in certain types of property, we may charge you a fling fee to perfect our interest in the property. If so, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other ices in connection with the Plan. Those fees are disclosed on the Addendum and will be added to your ban balance unless you pay them in cash. 13. UPDATING CREDIT INFORMATION - You promise that you will promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request you also agree to provide us updated financial information. 14. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, 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 wilt 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 premise 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: Ycu will be in tletault 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 of your ability to repay what you owe under the Plan. PSECU ?URAI *3'46 J8XXC60?-t 037-2092.1 (tr 3) LOANLINER`' Credit and Sec Credit Agreement (continued) 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 w,th an advance urcer the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you i 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 also be in default under the Plan it you are in default under any other loan agreement with us. 15. A&IONS AFTER DEFAULT - The following paragraph applies to borrowers In Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia and South Carolina. When you are in default and after expiration of any right you have under applicable state I 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, j 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: It immediate payment is demanded, you will continue to pay interest until what you owe has been repaid, at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied toward what you owe. We can also exercise any other rights given by law when you are in default. You agree the Credit Union has the right to take possession of any property given as security for an advance under the Plan without judicial process if this can be done without breach of the peace. 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 affached 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 ii for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the safe money will be applied to what you owe under the Plan. You will also have to pay any amount that remains unpaid after the sale money has been applied to any unpaid balance under the Plan. You agree to pay interest on that amount at the same rate as the advance, or, R applicable, at the default rate disclosed on the Addendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of the property given as security. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses incurred in disposing of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. The following paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be apps ed toward what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. 16. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers in Illinois: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraphs apply only to borrowers In Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase , in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section i 422.4155 of the Wisconsin Statutes. i The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by taw. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing i balances will apply to existing balances orly if you agree to t.-,e change or you use the Plan after receiving notice trial your use of the Plan means you agree tie change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plar from time to time after giving you any acvance notice required by law. Any change in the interest rata will apply to future advances. and at our discretion, and subject to any requirements of app icabie law, will also apply to unpaid balances. The following paragraph applies to all borrowers other than Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You can cancel the Plan at any bn?e. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan. 17. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. It we change the terms of the Plan, you agree that this Plan will continue to protect us. 18. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court to be unenforceable, the rest will remain in effect. 19. NOTICE TO UTAH BORROWERS - This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. 20. THE SECURITY FOR THE LOAN - You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an Advance ("the Advance"). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the properly 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, 21. WHAT THE SECURITY INTEREST COVERS - The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and 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 sficured 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. 22. OWNERSHIP OF THE PROPERTY -You promise that you own the property or it 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 h as security for a loan with another creditor unfit the Advance is repaid. You promise you will allow no other security interest or Mn to attach to the property either by your actions or by operation of law. 23. 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 ,s necessary to protect our security interest in the property. You promise to pay all costs, including but not timfted to any attorney foes, we incur in protecting our security interests and rights in the property, to the extent permitted by applicable law. 24. USE OF PROPERTY - Until the Advance has been paid off, you promise you will: (i) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us 0 the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 25, NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 26. VERMONT NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANSTHATYOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,THE LENDER HAS A LEGAL RIGHTTO COLLECT FROM YOU. 27. 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 advisea 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 Lime 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 responsibifity, continues unlit the card is recovered. You cannot disclaim responsibility by notifying us, but we will dose the account for new transactions If you so request and return all cards. Your obligation to pay the account balance continues 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 self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit Line only by written application to us, which must be approved by our credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and terminate this Agreement. Good cause includes your failure to comply with this Agreement or any other agreement with us, or our adverse reevaluation of your creditworthiness. You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 5. CREDIT INFORMATION - You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Una, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement 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 ,he 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 automatically post the credit to your St shares. The minimum payment will be (a) 2°1a 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 demand. We will apply payments in the following manner: first to previous late fees, 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 wh,le we are investigating, but you are still obligated to pay the parts of your statement that are not in question. j It we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. 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. It 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 - It 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. 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 hitting 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 than 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. Tien, 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 Purztase 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. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the VISA" Credit Card Agreement and Truth In Lending Disclosure (continued) New Balance shown on that statement, re will riot apply the Montnly Periodlr. Rate to your Account on your next statement. 8. DEFAULT - You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to transfer funds sufficient to make the minimum payment due if your VISA loan is in default. You agree that we may temporarily suspend your ATM card access it your VISA payment is due for a period exceeding 30 days. You will also be in default if your ability to repay us is materially reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings involving you, your dedth or your failure to abide by this Agreement. or if the value of our security interest materially declines. We have the right to demand immediate payment of your full account balance it you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are two alternative procedures to be followed. One is for you to present the card to a partidpating VISA plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjuration with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the VISA system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statement. You will retain a copy of such slips furnished at the time of the transaction in order to verify the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your VISA line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your Si Shares within 75 days. if the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 11. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign currencies will be billed to you in U.S. dollars. The conversion rate to dollars will be made in accordance with the operating regulations for international transactions established by VISA U.S.A., Inc. 12. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any plan merchant or financial institution to honor your card. We are subject to claims and ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the following terms and conditions. You agree that the use of your ATM card(s) constitutes acceptance of the terms and conditions of this Agreement. You understand that ATM is a credit-related service and you authorize PSECU to obtain a credit report on any users of this account. 1. ACCOUNTS AND USES OF ATM CARD -You have the account(s) (including Checking and Regular Shares), which we set forth on your application form with this Agreement, You hereby request that we issue to you one or more ATM CARO(s) to be used in connection with such accounts as described in this Agreement. You understand you may use the ATM CARD at a STAR SYSTEMSO ATM to (1) withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from your account, (4) receive information regarding the balance in your account(s) or (5) make cash advances from your credit account(s) in the amounts you request. You May also use automated teller machines throughout the United States and in certain foreign countries which bear the PLUS SYSTEM® name and logo (1) to make withdrawals from, (2) effect transfers to or from, (3) receive information regarding the balances in your Checking or Regular shares. If you have a Personal Service Loan approved and in place, you may also make a cash advance from your PSL. You further understand you may use the ATM CARD to purchase goods and services ("Purchase") at any retail establishment ('Merchant") where ATM CARDS are accepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain cash, it permitted by the Merchant, you shall be requesting us to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant. You request that we will provide to you such other services or access to other ATM systems or networks using the ATM CARD which we may later make available and which we advise you are offered in connection with your account(s) set forth on your application form. You also understand that from time to time you may request in writing that we provide access to additional accounts of yours through the ATM CARD we have issued to you. You agree that the uses of the ATM CARD described 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 d+recaens given just as your actual signature and other proof defenses (other than tort claims) arising out of g)cds and services you purchase with the card only it you have made a good faith attempt, but have been unable to obtain satisfaction from the plan merchant, and (a) your purchase was made in response to an advertisement we sent or participated in sending you, or (b) your purchase cost more than S50 and was made from a plan mercnant in your state or within 100 miles of your home. Any other disputes you must resnlve directly with the plan merchant. 13. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. It you default, we will have tie right to recover any of these goods which we have not been paid ror 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 unpiedged credit union shares tDeposits) 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. 14. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on your account even though the sales, cash advance, credit or other slips you sign or receive may contain different terms. We may amend the Agreement from time to time by sending you the advance written notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To the extent the taw permits, and we indicate in our notice, amendments will apply to your existing account balance as well as to future transactions. 15. LATE PAYMENT CHARGE - If your Minimum Payment is not paid within 15 days after the Payment Due Date, you will be subject to a single charge of 5% of the minimum scheduled payment. 18. RUSH FEES - You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 17, DRAFT COPIES - You may incur an additional charge for transaction summary/sale draft documentation. 18. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement. 19. 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. 20. 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. 21. NEURAL NETWORK - PSECU uses neural network systems to predict and prevent unauthorized transactions. There may be occasions when a transaction is declined bemuse it is indicative of passible fraudulent activity. 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) ri 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. A new card may be ordered for you at that Ume and a "hold' will be placed on your old card. After such time, if you find your old card, destroy the old card by cutting it in half. If you attempt to use your old card, it will not work. 4. CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash disbursement transaction (loan advance or share withdrawal) that is less than $20. You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge for any adjustment that needs to be made to your account resulting from an error you made white making a deposit at an Automated Teller machine (ATM). You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered as such fees or charges may be imposed or changed from time to time. 5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS ATM that we have the right to verify the deposit before we make the money available to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM. You understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability Df your deposit snall depend on our gulations regarding the particular a?couct in which you are making a i +oent fy rules and re Fl_QjPicentq F_l[n(is...Iransfer A.Tfrf. 4greemeat and. ttegu(fltloa_"E" Disclosure (continued) 6 A deposit, the items that you are depositing and whether the deposit •s made at a STAR SYSTEMS ATM that is owned by us or another financial irstitution. You also understand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the arnount of funds which may be deposited and that we may not control these limits. 6. LIABILITY - if the ATM CARD is issued for a joint account, you agree to be jointly and severally liable under the terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks, drafts or other items) and we make funds available to you from such deposits prior to their collection, you agree that we may deduct the amounts of such funds from your account(s) which are not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are not collected. 7. AMENDMENT OF THIS AGREEMENT - You agree that from time to time we may amend or change the terms of this agreement including amendments or changes to add further ATM CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the ATM CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. B. OWNERSHIP - You agree that the ATM CARD is our property and you will surrender it to us upon our request. You agree that the ATM CARD is non- transferable. 9. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. REGULATION "E" DISCLOSURE 1. ELECTRONIC CHECK CONVERSIOWELECTRONIC RETURNED CHECK FEES - if you pay for something with a check or share draft, you may authorize it to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY - • ATM, ACH and SST - Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. It you believe your card has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card without your permission. If you do not tell us within two business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500. Also, it your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason such as a long trip or a hospital stay kept you from telling us, we will extend the time periods. 3. 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 Cradit 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 (B00) 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; 8:00a.m.-5:00p.m.M•F TDO (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, Hofidays 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: withdrax Is frorn any share except IRA shares or certificates. NY 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 addil+oral charge for any adjustment that needs to be made to the account of any member who makes an error while depositing at an Automated Teller machine (ATM). • ACH - $20 service charge for insufficient funds for each electronic transfer. • SST - none 7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF EFTS - • ATM - You are entitled to receive a printed receipt at the time of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST -You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you can call us at (800) 237-7328 to find out whether or not the deposit has been made. 8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS - • ATM and SST - Not applicable. • ACH - Right to Stop Payment and Procedures for doing so. It you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: 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, 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. • UablI ty for Failure to Stop Payment of Preauthorized Transfers. It you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, unless we request and do not receive written confirmation of an oral stop payment within 14 days and the transfer takes place after 14 days, or you fail to give us proper instructions that would enable us to place the stop on the transfer. 9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR STOP CERTAIN TRANSFERS - • ATM - If PSECU fails to complete a transaction on time or in the correct amount, when property instructed by you, PSECU will be liable for damages caused by our failure unless: (i) 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 permissible transaction listed above; or, It 1) 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 uncollected; (3) the funds are subject to legal process; (4) the transaction you request would exceed the funds in your account plus any available overdraft credit; (5) PSECU has reason to believe that the transaction requested is unauthorized; (6) the failure was caused by an act of God, fire, or other catastrophe, or by another cause beyond control. In any case, PSECU shall be liable only for actual proven ane not consequential damages if the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. 10, DISCLOSURE TO THIRD PARTIES - • ATM, ACH and SST- PSECU will disclose information about your account to third parties: (1) when it is necessary to complete transactions: (2) to verity the existence and standing of your account with PSECU upon request of third party, such as a credit bureau; (3) to comply with government agency or court fl_ectIQ_ni-u_nds_Transfer-ATMt_Agreeme_nt_a24_Et??latl?rt_" ' Djscjo?ur? (continued) 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 cortificat:on from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; Regulation P, Privacy of Consumer Financial Information; and (7) when it is necessary to take legal action to recover shares. 11. STAR SYSTEMS SERVICES - • AYM Only - You may use your ATM CARD with your Personal Identification Number (PIN) at STAR SYSTEMS located in Delaware, Maryland. New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL), d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some ATMs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all ATMs may accept deposits. There may also be limits on the amount of funds which you may deposit in certain ATMs. 12. PLUS SYSTEM* SERVICES - • ATM Only - You may use your ATM CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rico, Canada, Great Britain and Japan to conduct any of the following transactions on the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs. These are the STAR SYSTEMs services currently available through the PLUS SYSTEM network. Other services may be offered in the future. 13, OTHER ATM NETWORK ACCESS - • ATM Only - From time to time, PSECU may make arrangements with other ATM networks to grant access to ATM CARDs. PSECU shall inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described. 14. PURCHASE TRANSACTIONS - • ATM Only - You may use the ATM CARD to purchase goods and services (`Purchase") at any retail establishment ("Merchant) where ATM CARDS are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking. When you make a Purchase using the ATM CARD, you will be requesting PSECU to withdraw funds from your Checking in the amount of the Purchase and directing PSECU to pay these funds to such Merchant. 15. LIMITATIONS ON THE USE OF YOUR ATM CARD - • ATM Only - You may withdraw up to $500 par 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 limit at any time. In the event that your daily limit is less than $500, PSECU will advise you of the new limitation. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the 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 Perscnai Identdlcahon 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 Inv security purposes 16. ERROR RESOLUTION PROCEDURES - • ATM, ACH and SST - In case of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237-7328 Nationwide, TDD (800) 472- 1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at: Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA 17106-7013. as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no later than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and ATM CARD number (it a ATM transaction), or reference number (it Self- Service Telephone Transaction); (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need the information, and; (c) The dollar amount of the suspected error. 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 DEBITICREDIT 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 DEBITICREDIT TRANSACTIONS or Do 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 it 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 mays 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 it PSECU co rwJudes no error has occurred. 17. ATM SURCHARGE - If you use an ATM that is not operated by us, you may be charged a fes 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 ties 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. i For those members who purchase a vehicle under the DRIV Program, please review the following FTC Notice: RQJLC. 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R N ?? s C? 060.1 ,-'Y' t N `i -i W03 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS SMITH JUSTIN C SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SMITH JUSTIN C was served upon the DEFENDANT , at 0011:15 HOURS, on the 6th day of December-, 2008 at 25 GRINNEL RIVE CAMP HILL, PA 17011-7716 JUSTIN SMITH DEFENDANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 00 42.40 Sworn and Subscibed to before me this day So Answers: R. homas Kline 12/08/2008 VAN ECK & V t By: ). ` Deputy Sheriff of A. D. PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-7065 VS. JUSTIN C. SMITH Defendant CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Justin C. Smith for want of ANSWER TO COMPLAINT. (X) Assess damages as follows: Debt -----------------------------------------------------------------$7,696.70 Attorney's Commission ------------------------------------------- $2,701.63 Filing costs ---------------------------------------------------------- $to be determined TOTAL -------------------------------------------------------------- $10.398.33plus costs (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice i? attached. DATE: C ` Signature: Melissa L. Van Eck, Esquire Attorney for Plaintiff 7810 Allentown Blvd., Suite B, Hbg., PA 17112 (717) 540-5406 ID#: 85869 Am? NOW, Jan 13 ,2965, JUDGMENT IS ENTERS S ABOVE. P thonot k, Ci Division By: Deputy PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-7065 VS. JUSTIN C. SMITH . Defendant CIVIL ACTION -LAW TO: Justin C. Smith 25 Grinnel Drive Camp Hill, PA 17011-7716 DATE OF NOTICE: December 30, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 By: i Ve-liss'a-L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540:5406 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO. 08-7065 VS. JUSTIN C. SMITH Defendant CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Henry W. Van Eck, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Justin C. Smith, above named, is not a corporation and is not an adult individual under the age of 21 years of age; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. V ECK & VAN ECK C. B y: enry Van Eck, Esquire Attorne D. No. 83087 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Attorney for Plaintiff Sworn and subscribed to le) d, day before me this I of January 09 r Notary Public NOTARIAL SEAL MELISSA L VANECK Notary Public WEST HANOVER TWP, DAUPHIN COUNTY MY Commission Expires Mar 22, 2011 C+` 7? fT- ? N ? 4c+ ? 4J 3 c.az PENNSYLVANIA STATE EMPLOYEES: CREDIT UNION, PENNSYLVANIA Plaintiff NO. 08-7065 VS. JUSTIN C. SMITH Defendant TO: Justin C. Smith, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION -LAW You are hereby notified that on jas , the following (Order-) (DegFee) (Judgment) has been entered against you in the above captioned case for ,your failure to file an answer to the complaint A Judgment in the total amount of $10,398.33 plus costs is herebv entered. DATE: Frothonotwy-k' I hereby certify that the name and address of the proper person(s) to receive this notice is: Justin C. Smith 25 Grinnel Drive Camp Hill, PA 17011-7716 A: Justin C. Smith, Defendant, Defendido/a (Defendidos/as) Por este medio se le esta notificando que el del de el/la siguiente (Order) (DernAe) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Justin C. Smith 25 Grinnel Drive Camp Hill, PA 17011-7716 PENNSYLVANIA STATE EMPLOYEES: CREDIT UNION, PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 08-7065 VS. JUSTIN C. SMITH Defendant CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the Appearance of Van Eck & Van Eck, P.C, as counsel for Plaintiff in the above captioned action. Respectfully Submitted, VAN ECK & VAN ECK, P.C. Date:,January 12, 2009 By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 Henry W. Van Eck, Esquire Attorney I.D: No. 83087 P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 Attorneys for Plaintiff tt c. .rs XPO g