HomeMy WebLinkAbout09-2858IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. Oq - cm% 0,1vit (erM
CREDIT UNION,
Plaintiff
VS.
MICHAEL B. HANLE
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 Soutn Bedford Streeet
Carlisle, PA 17013
1-800-990-9108
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff
VS.
MICHAEL B. HANLE
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 accion dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin ma's aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 Soutn Bedford Streeet
Carlisle, PA 17013
1-800-990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
MICHAEL B. HANLE
Defendant
NO. D 9_ ?L q-5(ir CH."t
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, Michael B. Hanle, is an adult individual with a last known address of
11 Clemson Drive, Camp Hill, PA 17070.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
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.
Document #: 180057.1
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
(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 September 15, 2004.
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.
Document #: 180057.1
17. As of May 6, 2009, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of One Thousand Seven Hundred Thirteen Dollars and 29/100
($1,713.29).
18. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on
the principal loan balance.
19. Due to the default of the Defendant and pursuant to the terms and conditions of
the Contract attached as Exhibit "B", Plaintiff is entitled to be reimbursed for all costs and
expenses, including reasonable attorney's fees incurred in bringing any action.
20. For purposes of this action, Plaintiff believes, and therefore avers, that One
Thousand Four Hundred Twenty-five Dollars and 00/100 ($1,425.00) constitutes reasonable
attorney's fees. However, Plaintiff recognizes that it is restricted by law to those attorneys' fee
that are actually incurred. If those fees are less than the aforegoing amount, Plaintiff agrees to
adjust its demand for attorneys' fees, if applicable, at the time of payment on any judgment is
made.
21. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
22. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
Document #: 180057.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Michael B. Hanle, in the amount of Three Thousand One Hundred Thirty-eight Dollars and
29/100 ($3,138.29), plus interest, the costs of this action, and such other relief as the Court
deems just and proper.
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.
Document #: 180057.1
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.
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 May 6, 2009, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Four Thousand Five Hundred Fifty-three Dollars and 23/100
($4,553.23).
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.
Document #: 180057.1
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 Nine Hundred Ten
Dollars and 64/100 ($910.64) have been added to the account.
39. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
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,
Michael B. Hanle, in the amount of Five Thousand Four Hundred Sixty-three Dollars and 87/100
($5,463.87), plus interest, the costs of this action, and such other relief as the Court deems just
and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 180057.1
VERIFICATION
I, Gregory R. Diffenderfer, Manager of the Pennsylvania State Employees Credit Union
verify that the statements made in the aforegoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unworn falsification to authorities.
Pennsylvania State Employees Credit Union
By:
n
Title: ?
Date: - 6 - 09
B I` (c ss
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PSEW800) Pennsylvania State Employees Cried-t Union
P.O. Box 6701 67013, Harrisburg, PA 17106-7013
237.7328 Nationwide - (717) 234.8484 in Harrisburg
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Name: }-,rn%e Home Phone: ( Business Phone 4 r ,
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Exhibit `T"
Pennsylvania State Employees Credit Union
PSE(# PO Box 67013 • Harrisburg. PA 17106-7013 • (800) 237-7328 Nationwide
Loan Disclosures
This LOANLINER Credit Agreement and Truth in Lending Disclosure will be referred
to as -tnis Plan.' "You" and "your' mean each person who signs this Plan. The
'credit union" means PSECU or anyone to whom the credit union transfers its rights
under this Plan.
HOW THIS PLAN WORKS - The credit union anticipates that you will borrow money
(called advances) under this Plan from time to time. The credit union, however,
is not required to make advances for you under this Plan and can refuse a
request for an advance at any time. The Addendum describes the different
types of credit (called subaccounts) available under this Plan. If you have been
approved for credit under a subaccount marked with a star ("), you will be given a
specific credit limit for that subaccount. For other subaccounts you may not be
given a specific dollar limit.
conforming to policy, the credit union reserves the right to charge the highest
signature subaccouni interest rate currently in effect at PSECU or may require
payment in full.
When you are in default the credit union can demand immediate payment of the
entire unpaid balance under this Plan without giving you advance notice. If
immediate payment is demanded, you will continue to pay interest, at the
applicable interest rates in effect under this Plan, until what you owe has been
repaid. If a demand for immediate payment has been made, the shares and
deposits given as security for this Plan can be applied towards what you owe. It
the case of Certificate Secured loans, you agree to pay any penalties in
connection with redemption of the certificate. The credit union can also exercise
any other rights given by law when you are in default.
PROMISE TO PAY - You promise to repay to the credit union all advances made to
you under this Plan and any applicable charges described in the Addendum together
with interest on what you owe until the total amount has been repaid The interest
rate depends on the subaccount under which the advance is made. The Addendum
shows the current interest rates as daily periodic rates and their corresponding
a5nnu' af-pe?EFnTi e'ralei. Irtfie tntiresl rate for any or all advances is a variable
interest rate, the Addendum explains how the variable interest rate works.
PAYMENTS - The amount of payments for an advance Is determined according to
the payment schedule in the Addendum. If the Addendum ties no payment
schedule for a subaccounC the amount and due date of payments will be
determined at the time of each advance. You may pay any or all of the principal
balance on any business day. PSECU will provide you a periodic statement
showing the status of your account. You promise to make payments in the amount
required under the payment schedule provided on your disclosure statement.
Payments are not reduced as the principal balance declines.
Payments must include any amount past due and any amount by which you have
exceeded any credit Emit you have been given for a subaccount. You may prepay
all or part of what you owe at any time without any prepayment penalty
LATE CHARGE - if your (minimum) payment is not received by us within 15 days
of its due date we may charge and you have to pay a tale charge of 5% of
overdwVayment.
COST OF CREDIT - The dollar amount you pay for money borrowed is called a
finance charge and begins an the date of each advance. To compute the finance
charge, the Unpaid balance for each day since your last payment (or since an
advance it you have not yet made a payment) is multiplied by the applicable daily
periodic rate. The stun of these amounts is the finance charge owed. The balance
Used to compute the finance charge is the unpaid balance each day after
payments and credits to that balance have been subtracted and any new advances
have been added. A finance charge will be computed separately for each separate
balance under this Plan.
SECURIT -INTERF-ST - You agree that all advances under this Plan except those
obtained by using your ATM Card to access your line of credit subaccount will be
secured by the shares and deposits in all pint and individual accounts you have
with the credit union now and in the future. You will give us a security interest in all
individual and joint accounts you have with the credit union now and in the future to
secure all advances obtained by use of your ATM card Additional security will 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. Shares and deposits in an Individual Retirement Account and any other
account that would lose special tax treatment under state or federal taw if given as
security are not subject to the security interest you have given in your shares and
deposits.
Property given as security under this Plan or for any other loan may secure as
amounts you owe the credit union now and in the future. However, for purposes of
loans made under this LOANLINER Agreement, the credit union specifically waives
any security interest it may have in your dwellings given through any other
mortgages or security agreements.
DEFAULT - You will be in default if you do riot make a payment of the amount
required when it is due. You will be in default if you break any promise you made
under this Plan or if anyone is in eelauh under any security agreement made in
connection with an advance under this Plan You will be in default if you die, file
for bankruptcy, become insolvent, have your PSECU account garnished. if you
make any false or misleading statements in any credit application or update of
credit information, or if something happens which the credit union believes may
substantially reduce your ability to repay what you owe. In. the case of loans not
PROPERTY INSURANCE • You will be required to purchase property insurance on
certain types of security that you give for advances You may purchase the
property insurance from anyone you choose that is acceptable to the credit union.
CANCELLING OR CHANGING THIS PLAN - The credit union has the right to
change the terms of this Plan from time to time after giving you any advance
notice required by law. Any change will apply to future advances, and at the
dtscreWn of the credit union and subject to any requirements of the applicable law,
will also apply to unpaid balances. An increase in the daily periodic rate under a
variable interest rate is not considered a change in terms tinder this Plan.
The credit union can cancel the entire Plan or any part of this Plan at any lime.
You can cancel this Plan at any time. Your obligation to pay the unpaid balances
under the Penns of this Plan continues whether you or the credit union Cancel this
Plan or any part of this Plan.
STATEMENTS AND NOTICES - On a regular basis you will receive a statement
showing all transactions under this Plan during the period covered by the
statement. Statements and notices will be matted to you at the most recent
address you have given the credit union in writing. Notice to any one of you will
be notice to all.
JOINT ACCOUNTS - if this is a joint account, each of you authorizes the other(s)
to gel advances individually under this Plan. That means an advance can be made
upon the request of only one of you and that the check can be issued to only one
of you. If you give inconsistent instructions, the credit union can refuse to follow
your instructions. Each of those who sign this Plan will be individually and jointly
responsible for paying the entire amount owed under this Plan. That means the
credit union can enforce its rights under this Plan against any one of you
individually or against all of y* together.
UPDATING INFORMATION - You promise that you will promptly give the credit
union written notice If you move, change your name or employm9M or if any
other information you provided to the credit union changes. You also agree to
provide the credit union updated financial information about yourself upon request.
The credit union Can delay enforcing any of its rights any number of times without
losing its rights. If the law makes any term(s) of this Plan unenforceable, the other
terms will remain in effect.
SECURITY AGREEMENT - In this agreement all references to 'credit union' mean
the credit union whose name appears on this agreement and anyone to whom the
credit union assigns the LOANLINER Credit Agreement. All references to 'the
advance" mean the amount in the box labeled -New Balance.' All references to
'you' mean each person who signs this agreement.
THE SECURITY FOR THE LOAN - By srgr>;ng this security agreement in the
signature area or under the statement referring to this agreement which is on the
back of the check or draft you receive for the advance. you give the credil union
what is known as a security interest in the property described in the 'Security
Offered' section of the voucher. 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 6r refinancing of the advance It also includes any money you receive
frorn selling the property or from insurance you have on the property. If the value
of the property declines, you promise to give the credit union more property as
security if asked to do so. The credit union wili cease to have a security interest in
the property descibed in the "Security Offered- section of the voucher when the
advance is repaid in full.
PSECU FORM rr 3146 (3198)
oantiner Credit greemenJ an?Trutth in Lending_Qi-- Q (confined)
WHAT THE SECURITY INTEREST COVERS - The security interest secures the
advance and any extensions. renewals or refinancings of the advance. it also
secures any other advances you have now or receive in the future under the
LOANLINER Credit Agreement and any other amounts you owe the credit union
for any reason now or in the future. If the property description is marked with two
stars (•'), the properly will secure only [tie advance and not other amounts you
ave.
OWNERSHIP OF THE PROPERTY - You promise that you own the properly, or if
this advance is to buy the property. you promise you will use the advance for that
purpose. You promise that no one else has any interest or claim against the
property that you have not already told the credit union about. You promise not to
sell or lease the property or to use it as security for a loan with another creditor
unfit the advancers repaid. You promise you will allow no security interest or lien
to attach to the properly either by your actions or by operation of law.
PROTECTING THE SECURITY INTEREST - If your state issues a title for the
property, you promise to have the credit union's security interest shown on the title.
The credit union may have to file what is caged a financing statement to protect its
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 the credit union
thinks is necessary to protect its security interest in the property.
USE OF THE PROPERTY - Unfit the advance has been paid oft, you promise you
will; (1) Use the property carefully and keep it in good repair. (2) Obtain written
permission from the credit union before making major changes to the property.
(3) Inform the credit union in wrtitrng before changing your address or the address
where the property is kept (d) Allow the credit union to inspect the property.
(5) Promptly notify the credit union if the property is damaged, stolen or abused.
(6) Not use the property for any unlawful purpose.
PROPERTY INSURANCE, TAXES AND FEES - 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. The amount and coverage of the property insurance
must be acceptable to the credit union. You may provide the property insurance
through a policy you already have, or through a policy you get and pay for, You
promise to make the insurance policy payable to the credit union and to deliver
the policy or proof of coverage to the credit union,
if you cancel your insurance and get a refund, the credit union has a right to the
refund. If the property is lost or damaged, the credit union can use the insurance
settlement to repair the property or apply it towards what you owe. You authorize
the credit union to endorse any draft or check which may be payable to you in
order for this credit union to collect any refund or benefits due under your
insurancs policy.
R you do not pay the taxes or tees on the property when due or keep it Insured,
the credd. union may pay these obligations, but is not required to do so. Any
This notice contains important Information about your rights and our responsibili-
ties 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 Bien 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
money the credit union spends for taxes, fees or insurance will loo added to the
unpaid balance of the advance or a new advance will be made and you will pay the
interest on those amounts at the same rate you agreed to pay on the advance. If
the credit union adds amounts for taxes, fees or insurance or makes a new
advance to include these funds, your payments will be increased by the amount
necessary for the total amount due to be paid off in the same number of months
originally scheduled.
DEFAULT - You will be in default if you break any promise you make under this
agreement. You will also be in default under the LOANLINER Credit Agreement.
if you are pledging property, but have not signed the LOANLINER Credit
Agreement, you will be in default if anyone is in default who has signed the
LOANUNER Credit Agreement.
WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default, the credit
union can, without advance notice to you, require immediate payment of what you
owe under the LOANLINER Credit Agreement and take possession of the property.
You agree the credit union has the right to take possession of the property without
going to court and without giving you advance notice. If you are asked to do so
by the credit union, you promise to deliver the property at a time and place the
credit union chooses. The credit union will not be responsible for any of your other
property, not covered by this agreement, that you leave inside the property. The
credit union will try to return that property to you or make it available for you to
Balm.
After the credit union has possession of the property, it can sell it and apply the
money received to any amounts you owe the credit union. The credit union wilt
give you notice of any public safe or the date after which a private We wig be
held. The expenses of the credit union 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 properly, preparing it for sale and attorney's
fees to the extant permitted under state taw or awarded tinder subsection 506(b)
of the Bankruptcy Code, The rest of Me sale money will fie applied to what you
owe under the LOANLINER Credit Agreement.
If you have agreed to pay the advance, you wig also have to pay any amount that
remains unpaid after the sale money has been applied to the unpaid balance of the
advance and to what you owe under this agreement. You agree to pay interest on
that amount at the same rate as the advance until that amount has been paid.
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - The
credit union can delay enforcing any of its rights under this agreement any number
of fines without losing the ability to exercise its rights later. The credit union can
enforce this agreement against your heirs or legal representatives. If the credit
union changes the terms of the LOANLINER Credit Agreement, you agree that this
agreement will continue to protect the credit union.
CONTMUED EFFECTIVENESS - If any part of this agreement is determined by a
court to be unenforceable, the rest will remain in effect.
amount you question, including finance charges, and we can apply any unpaid
amount against your credit limit. You do not have to pay any questioned amount
while we are investigating, but you are still obligated to pay the parts of your
statement that are not In question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges rotated 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.
N you fag to pay the amount that we think you owe, we may report you as
delinquent. However, if our explanation does not saUsfy you and you write to us
within tan 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'f 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 tt'al you purchased with a credit card, and you
have tried in good faith to coned the prootem 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 purcnase in your
home state. within 100 miles of your current mailing address; and (b) The purchase
price must have been more than 550.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the adverlisement for the property or services.
in this Agreement, the wads 'you' and "your" means each and at! of those who
apply for the card or who signs this Agreement. 'Card' means the VISA Credit
Card and any duplicates and renewals we issue 'Account' means your VISA
Credit Card Line of Credit account with us "We'. "us'. and "ours' means this
credit union.
RESPONSIBIUTY - if we issue you a card, you agree to repay all debts and the
Finance Charge arising from the use of the card and the card account. For
example, you are responsible for charges made by yourself, your spouse and
minor children. You are also responsible for charges made by anyone else to
whom you give the card, and this responsibility continues until the card is
recovered. You cannot disclaim responsibility by notifying us, but we will close
the account for new transactions if you so request and return all cards. Your
obligation to pay the account balance continues even though an agreement,
divorce decree or other court judgment to which wa are not a party may direct you
or one of the other persons responsible to pay the account
LOST CARD NOTIFICATION - if you believe the card has been lost or stolen, you
will immediately cad the credit union at (717) 234-8484 or (800) 237.7328. After
hours call (BOO) 558-5878.
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.
CREDIT LINE - It 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 win restore your Crook Line by the amount of
the payment which is applied to the principal. You may request an Increase in
your Croon Line only by w tten 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 creditworttd-
ness. You may also terminate this Agreement at any fine, 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.
CREDIT INFORMATION • You authorize us to investigate your credit standing when
openingwanewing 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.
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 lash advances, the Total Now Balance, the Finance
Charge due to date, and any other !tilled 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 nirrcihcourm, flay note 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 minfmum payment will be (a) 2% of your Total New Balance, rounded up to the
next even dollar. or (b) $20.00. whichever is greater. In addition, at any time your
Total Now Balance exceeds your Credit Line, you must immediately pay the
excess upon our demand. We will apply payments in the following manner first to
the previous late fees, men to previous cash advance 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.
FINANCE CHARGES - You can avoid Finance Charges 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 Charges. Cash advances are always subject to Fnance
Charges from the date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily Wian.0 (Sec explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate as disclosed on the addendum
Cash Advances Wile calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation bcioN) for cash
advances during the billing cycle by the monthly periodic advance rate.
Balance Computation Method
Average Adjusted daily Balance for Purchases - The Average Adjusted Daily
Balance for Purchase Transactions is calculated by adding the Adjusted 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 Adjusted Daily Balance
for purchases 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 ate 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 bitting cycle, This gives us the Adjusted Daily Balance for purchases.
Average Adjusted Dady Balance for Cash Advances - Cash Advance Transactions
which are posted to your account are not included in the Average Adjusted Daily
Balance calculation for purchases, and are therefore not suhjed to the monthly
periodic rate for purchases. The Average Adjusted Daily Balance is calculated
separately for Cash Advances and is_ subject to the Cash Advance Monthly
Periodic Rate. The Average Adjusted Daily Balance for Cash Transactions is
calculated by adding the Adjusted 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 Adjusted Daily Balance for cash each day. yve lake the following
steps: We take the outstanding balance (au 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 ft 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
Adjusted Daily Balance for Cash Advance Transactions. Note: Cash Advances
are always subject to finance charges from the day they are posted to your
account.
Payments are applied in the following manner. first to the previous late fees, then
to previous cash advance finance charges, men to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, men
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 Dud0ate shown on a statement is equal or exceeds the
New Balance shown on that statement, we will not apply the Monthly Periodic Rate
to your Account on the next statement.
DEFAULT - You will be in default if you fail to make any Minimum Payment within
25 days after your monthly statement closing date. You will also be in default if
your ability to .repay its 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 fun 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.
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, to us or another financial institution, and sign the
safes 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. The monthly statement win
identify the merchant, electronic terminal or financial institution at which transac-
tions 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.
RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may
give credit for returns and adjustments, and they will do so by sending us a credit
slip which we will post to your account If your credit and payments exceed what
you owe us, we will hold and apply this credit balance against future purchases and
cash advances. or it it is one dollar or more, refund it on your written request or
automatically after six months
VISA Credit Card Truth in Landing-Disclosure (continued)
FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign
countries and foreign currencies will be billed to you in U.S dollars. The
conversion rate to dollars will be (i) the wholesale market rate or la) the government-
mandated rate, whichever is applicable. in effect one day prior to the processing
date, increased by one percent
PLAN MERCHANT DISPUTES - iNe are not responsible for the refusal of any plan
merchant or financial institution to honor your card. We are subject to claims and
defenses (other than tort claims) arising out of goods and services you purchase
with the card only if you have made a good faith attempt, 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 stale or
within 100 miles of your tome Any other disputes you must tesolve directly with
the plan merchant
SECURITY INTEREST- To secure your account. you grant us a purchase money
security interest under the Uniform Commercial Code in any goods you purchase
through the account- If you defauft, 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 manna described in the Monthly Payment section. With respect to this
-MQNEY`ACCESS CARD CARDHOLDER AGREEMENT. The Undersigned ("I' or
"we'), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION ('you" or "your') issuing to me a MONEY ACCESS CARD, hereby agree to
be legally bound by the following terms and conditions. I agree that the use of my
MAC card(s) constitutes acceptance of the terms and conditions of this agreement.
I understand that MACS b a credit•ralated service and 1 authorize PSECU to obtain
a credit repot on any users of this account.
1. Accounts and Uses of MONEY ACCESS CARD
I have the account(s) (inektdtng Checking aria Regular Shares). which you set
forth on my application form with this Agreement. I hereby request that you
issue to me one or more MONEY ACCESS CARO(s) to be used in connection
with such accounts as described in this Agreement.
I understand I may use the MONEY ACCESS CARD at a MONEY ACCESS
CENTERS to (1) withdraw cash from, (2) make or arrange for deposits in,
(3) effect transfers to or from my account, (4) receive information regarding
the balance in my account(s) or (5) make cash advances from my credit
account(s) In the amounts I request. I may also use automated letter machines
throughout the United States and in certain foreign countries which bear the
PLUS SYSTEM name and fogo (1) to make withdrawals from, (2) effect
transfers to or from, (3) receive information regarding the balances in my
Checking or Regular shares. If i have a Personal Service Loan approved and
in place, 1 may also make a cash advance from my PSL. I further understand
I 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. if I use the MONEY ACCESS CARD
to make a Purchase to obtain cash, if permitted by the Merchant. I shall be
requesting you to withdraw funds in the amount of such Purchase (Including
any cash received from the Merchant) from my Checking Shares and directing
or ordering you to pay such funds to the Merchant
I request that you provide to me such other servic as or access to otter ATM
systems or networks using the MONEY ACCESS CARD which you may later
make available and which you advise me are offered in connection with my
account(s) sat forth on my application form. I also understand that from time
to time I may request in writing that you provide access to additional accounts
of mine through the MONEY ACCESS CARD you have issued to mm I 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.
Use of Personal Identification Number ("PIN") with MONEY ACCESS CARD
1 understand that a MONEY ACCESS CENTER or a PLUS SYSTEM ATM is an
automated letter, It can and will perform many of the same tasks as a human
teller. I acknowledge that the Personal Identification Number or PIN which.I use
with the MONEY ACCESS CARD is my 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 my actual
signature and other proof identify me and authenticate and validate my
directions to a human teller. I also understand that a Merchant which accepts
the MONEY ACCESS CARD for a Purchase transaction may have an
electronic terminal (Merchant operated or Se:f-Service) which requires the use
of my PIN and when my PIN is used at a Merchant's terminal, it will
authenticate and validate the directions given ;ust as my actual signature will
authenticate and validate my directions given to you. I acknowledge that my
PIN is an identification code that is personal and confidential and that the use
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 acmunt- 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.
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.
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.
COPY RECEIVED - You acknowledge receipt of a copy of this Agreement.
of the PIN with the MONEY ACCESS CARD is a security devise for my
account(s). Therefore, I AGREE TO TAKE ALL REASONABLE PRECAUTIONS
THAT NO ONE ELSE LEARNS MY PIN.
Liability for Unauthorised Transactions
I agree to contact you at once if I believe the MONEY ACCESS CARO(s)
issued to me or PIN has been lost or stolen or money is missing from my
account(s). I also agree that if my monthly statement shows transactions which
I did not make, and I do not contact you within 60 days after the statement was
mailed to me. I may not get any money lost after that time. I AGREE THAT IF
I GIVE MY MONEY ACCESS CARD(s) and PfN TO SOMEONE ELSE TO USE i
AM AUTHORIZING THEM TO ACT ON MY BEHALF AND I 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
Identification Number (PIN). Do not tell or disclose your PIN to any other
person. Do not write your PIN on your MONEY ACCESS CARD. Do not keep a
written record of your PIN near your MONEY ACCESS CARD. Do not choose a
PIN that is easily identifiable.
4. Charges
I agree to pay a 50 cent charge for each deposit or withdrawal exceeding 15 a
month. I agree to pay the 50 cent penalty charge on any cash disbursement
transaction (loan advance or share withdrawal) that is less then $20. 1 agree to
pay a 25 cent charge one4gh balance inquiry. 1 agree to pay the charges or
transaction fees which are Charged by you for these services or for services
which may later be offered as such fees or charges may be imposed or
changed from time to time.
Deposits
1 agree that when i make a deposit at a MONEY ACCESS CENTER that you
have the right to verify the deposit before you make the money available to
me. If I deliver cash, checks or other items to a MONEY ACCESS CENTER, I
understand and acknowledge that the funds from my deposit may not be
available for immediate withdrawal and that the availability of my deposit shall
depend on your rules and regulations regarding the particular account in which i
am making a deposit, the items that I am depositing and whether the deposit is
made at a MONEY ACCESS CENTER that is owned by you or another financial
institution. I also understand and acknowledge that not all MONEY ACCESS
CENTERs may accept deposits and some MONEY ACCESS CENTERS may
limit the amount of funds which may be deposited and you may not control
these limits.
Liability
If the MONEY ACCESS CARD is issued for a joint account, we agree to be
jointly and severally liable under the terms of this Agreement and the
agreement for such account. I agree that if 1 make deposits or payments to my
account(s) with items other than cash (checks. Crafts or other items) and you
make funds available to me from such deposits prior to their collection. I agree
that you may deduct the amounts of such funds from my account(s) which are
not collected or, if the funds in my account(s) are insufficient at such time. I
will promptly pay to you any amount of such funds which are not corrected.
Amendment of this Agreement
I agree that from time to time you may amend or change the terms of this
agreement including amendments or changes to add further MONEY ACCESS
CARD services or to amend or change the charges for these services. You
L__.
Electronic Fitnds TrTransfer, MAC AgrQgmeri(__and_Rggull(ign "E"_.Di5Glo5kfe
(continued)
may do so by notifying me in .mtirg of sucn amendments or changes and my
use of the MONEY ACCESS CARD after ;ne effective ;late of any such
amendment or change snail consvtute my acceptance of and agreerent to
such amendment or change.
8. Ownership
I agree that the MONEY ACCESS CARD is your property and I will surrender it
to you upon your request. I agree that the MONEY ACCESS CARD is non-
transferrable.
9. Disclosures
I hereby acknowledge receipt of the disclosure statement informing me of my
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 - Tell us at once 4 you believe your card has been lost or
stolen. Telephoning is the best way to keep your possible losses down. You
could We all the money in your account plus your maximum overdraft tine of
credit. if you bariieve your card has been lost or stolen, and you tell us within
two business nays after you team of the Ion or theft, you can lose no more
than $50 if someone used your card without your permission.
If you do not tail us within two business days alter you team 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 SSW.
Also, if your statement shows transfers that you did not make, tell us at once.
It you do not tell us within 6D days after the statement was mailed to you, you
may not get bath any money you lost alter the 60 days it 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 failing us.
we will extend the time periods.
2. Telephone Number and Address to Notify of Unauthorized Transfers.
If you believe your card has boon lost, stolen, or that someone has
transferred at may transfer money from your account without your
penr4asion, contact the following:
MAC - Contact PSECU at (800) 237-7328 or Money Access Service (MAC) at
(NO) 523-4175 during PSECU non-business tours, 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
PS1.90A.67013. ..._....., - ...
Harrisburg, PA 17106-7013
PSECU Business Hours
7700 a.m. - 5 00 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 wines on cheering, savings and PSL, withdrawals from
checkinglsavings; cash advance from PSL; deposits to checking/savings,
purchase goods and services at any accepting retail establishment.
ACH - Preauthorized debits acrd 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 ban account: withdrawals from any share except tRA
shares or certificates.
5, Any Charges for Electronic Funds Transfers or for the Right to Make
Transfers.
MAC - Fifty cents for each disburserrent (cash advance or withdrawal) less
than $20, fifty cents for each iransanion over 15 per month
ACH - $20 service charge for insufhaent hinds 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 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 Cali us at
(800) 237-7328 to find out whether or not the deposit has been made.
7. Right to Stop Payment Procedures.
MAC and SST- Not applicable.
ACH - Right to Stop Payment and Procedures for doing so. If you have
toll us in advance to make regular payments out of your account, you can
stop-any of those paymerits tiere'a howr ('eN vs nY(980)•437w732@
(Nationwide) or (717) 777.2100 (Harrisburg) or write us at: Pennsylvania State
Employee Credit Union, P.O. Box 67013, Harrisburg, PA 17106-7013, in time for
us to receive your request three business days or more before the payment is
scheduled to be made. If you call, we may also require you to put your
request in writing and get it to us within 14 days after you call.
Notice of Varying Amounts. If these regular payments may vary in amount,
the person you are going to pay will tell you. 10 days before each payment,
when it will be made and how much it will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would fall outside certain limits
that you set
' Liability for Failure to Stop Payment of Presufhoriaed 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 wig 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 fad 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 Slop Certain
Transfers.
MAC - If PSECU fails 40crmplete a transaction on time or in the correct
amounL when properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (1) theta 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;
(51-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 usfttg the reported cared; (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 fadure 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 faits 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 sub)ect 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 free error despite PSECU's procedures to avoid such
errors
Qef(ronic Funds Transf rr , MAC Agreement and Regulation "E' Disclosure
(continued)
9. Disclosure to Third Parties.
MAC, ACH and SST . PSECU will disclose information about your account ti:
third parties (t) when it is necessary to complete transactions; (2) to verify
the existence and standing of your account with PSECU upon request of third
party, such as a credit bureau: (3) to comply with government agency or court
orders: (4) in accordance with your written permission: (5) to comply with
government or administrative agency summonses, subpoenas. or court orders:
(6) on receipt of certification from a Fedoral Agency or department that a
request for information is to compliance with the Right to Financial Privacy
Act of t978: and (7) when it is necessary to take legal action to recover shares
10. MONEY ACCESS CENTER Services
' MAC Only - You may use your MONEY ACCESS CARD with your Personal
Identification Number (PIN) at MONEY ACCESS CENTERS located in
Delaware, Maryland. New Jersey and Pennsylvania 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, Regular Shares,
and Personal Service Loan (PSL).
b) Withdraw cash from your Checking and Regular Shares.
c) Make a cash advance from Your Personal Service Loan (PSL).
d). __.DapostLicurency, checks, or drafts (coins are not acceptable) for
transmission to PSECU for deposit in your Checking and Regular Shares.
NOTE: There are "led 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, Regular Shares, and
Personal Service Loan. Not as MONEY ACCESS CENTERs may accept
deposits. There may also be Omits 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
Iden tice0on Number, (PIN) at any PLUS SYSTEM automated taller machine
(PLUS SYSTEM ATM) located throughout the United States. Puerto Rico.
Canada, !Great 1kitafn 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, Regular Shares,
'*d Personal Service Loan (PSL).
b) Withdraw cash from your Checking and 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. HONORV System Services
MAC Only - You may use your MONEY ACCESS CARD with your Personal
Idandhcalion 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, Regular Shares,
and Personal Service Loan (PSL).
b) Withdraw cash from your Checking and 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 i"Merchant") where
MONEY ACCESS CARDS are accepted by such Merchant. The amount of at!
such Purchases will be deducted from your Checking. When you make a
Purchase using the MONEY ACCESS 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 MONEY ACCESS CARD
MAC Only - You may withdraw up to $500 per day from one or a combination
of your accounts by using a MONEY ACCESS CARD provided the funds are
available at a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System
ATM. In addition, you may withdraw up to 5500 at point of sale locations. The
day for wilhdrawat limits starts at 12 midnight each cay 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 Stale
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
withdrawal/purchase limit if you do not have adequate funds available in your
account, do not enter the correct Personal Identification Number (PIN), or
exceed the frequency of usage limitation. The receipt provided by the MONEY
ACCESS CENTER. PLUS SYSTEM, or HONOR 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 out MONEY ACCESS CARD. The number of attempts that result in machine
retention is not revealed for security purposes.
16. Error Resolution Procedures
MAC, ACH and SST - In case of errors or questions about your
transactions: Direct inquiries to PSECU at (800) 237-7328 Nationwide, TOO
(800) 472.1981 Nationwide, (71 T) 777.2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 67013,
Harrisburg, PA 171064013, as soon as you can if you think your statement
or receipt is wrong, or if you need more information aboui 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 MONEY ACCESS CARD number (if a MAC transacton), or reference
number (d Self-Service Telephone Transaction); (b) Describe the error or the
transaction you are unsure about, and explain as dearly as you can why you
believe it is an error or why you need the information, and; (e) The dollar
amount of the suspected error,
If you tag 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 DEBITICREDIT
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, q(.,DIRECT DEBITICREDIT TRANSACTIONS or 90
days for MONEY ACCESTCENTER 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 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 honey 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 wig 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.
Notice To Consumers Using ATM's
Be alert to your surroundings. If you doubt the safety of a particular
location, choose another ATM.
If the ATM has an entry door, close the door prior to initiating your
transaction.
Put your cash away immediately.
Direct complaints concerning ATM security to an appropiate department of
the owner of the ATM. New Jersey residents: you may call the New
Jersey Department of Banking at (609) 292.7272
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Alm
ADVANCE PROCEEDS VOUCHER
AND SECURITY AGREEMENT
Pennsylvania State
Employees Credit Union
P. 0. Box 67013
PSECO Harrisburg, PA 17106-7013
(717) 234-8484
the financial linkTM (800) 237-7328
MEMBER NAME, DATE : - MEMBER ACCOUNT NUMBER :.j ... NOTE NUMBER
MICHAEL B HANLE
439 MARKET ST
NEW CUMBERLAND PA 17070-1941 11/21/2003 0003551290
PURPOSE:
PRIVATE PARTY
TRANSACTION
TYPE
1. ?
NEW LOAN 2: ? LOOPEN END
AN ADVANCE 3.
? OTHER
)
DESCRIBE 4
?
HOME
EQUITY ADVANCE
YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS ADVANCE CREDIT DISABILITY SINGLE CREDIT LIFE JOINT CREDIT LIFE
INSURED WITH THE FOLLOWING COVERAGE YES ? No KI YES ? NO&] YES ? NO 91
DAILY PERIODIC RATE
(CHANGE IN TERMS ONLY) ANNUAL PER-.
CENTAGE RATE INTEREST RATE IS AMOUNT REQUESTED
+ OTHER CHARGES `
AMOUNT ADVANCED PREVIOUS BALANCE NEW BALANCE
.000000
00.000 % FIXED
® VARIABLE
?
4,260.00
4 260 00 $0.00 _
4,260.00
PAYMENT DUE DATE PAYMENT FREQUENCY PROJECTED LOAN TERM
127.67 09/21/04 MONTHLY
IF THIS IS A HOME EQUITY ADVANCE, THE ONLYSECURITY FOR THIS ADVANCE IS THE REAL PROPERTY (IN MOST CASES YOUR HOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT
WAS ESTABLISHED.
IF THIS IS NOTA HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARFR IN MI IR I nANI OdFOC rocnm er_occ- r n? .._ . _.....__ .
;=)TEM' - PROPERTY MODEL YEAR 4 I'Df:NUMBER `,' - - --
TYPE
; :VALUE
1.
2. CHEVROLET
3.
BARETTA
1995
1G1LW15MISY295104
CPE
4,260.00
4.OTHER
REVISED DISCLOSURE- Correct VIN#
YOU PLEDGE SHARES AND/OR DEPOSITS OF $ IN ACCOUNT NUMBER
OLD ACCOUNT/LOAN NUMBER (A) PAYOFF (PRINC. + INT.) OLD ACCOUNTA_OAN NUMBER (B) PAYOFF (PRINC. + INT.) OLD ACCOUNT/LOAN NUMBER (C) PAYOFF (PRINC. + INT.)
OLD ACCOUNT/LOAN NUMBER (D) PAYOFF (PRINC. + INT.) OLD ACCOUNT/LOAN NUMBER (E) PAYOFF (PRINC. + INT.) OLD ACCOUNT/L GAN NUMBER (F) PAYOFF (PRINC. + INT.)
By accepting the proceeds or by using the funds advanced and deposited into your share/share draft account, you agree (1) that the property referenced above
will secure the advance and any other advances you have now or receive in the future under the 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.
UUNA MUTUAL GROUP, 19M. 82, 84, 86, 89, 98, 99, 2000, 01, D4, ALL RIGHTS RESERVED PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM #3175 JVXX0100-1 037-2092-1 (4/04)
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 U
i
i
n
on ass
gns the Credit If you do not pay the taxes or fees on the property when due or keep it insured, we may
Agreement which will be referred to as the Plan. All references to you
your
and
,
,
pay these obligations, but we are not required to do so. Any money we spend for taxes,
borrower mean each person who signs this agreement. All references to the advance fees or insurance will be added to the unpaid balance of the advance and
mean the amount in the box labeled Amount Adv
d
Thi
ill
ance
.
s is a multi-state docume
which may be used to lend to borrowers in all states except Louisiana and Wisconsi you w
pay
nt interest on those amounts at.the same rate you agreed to pay on the advance. We may
n
. receive payments in connection with the insurance from a company which provides the
1. THE SECURITY FOR THE LOAN - By signing this security agreement in the insurance. We may monitor our loans for th
e purpose of determining whether you and
signature area or under the statement referring to this agreement which is on the back 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 kn
n
,
ow
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. (1) the insurance company's payments to us and (2) the cost
f d
t
Th
i
i
i
o
e
erm
e secur
n
ng compliance
ty interest you give includes all accessions. Accessions are things which are with the insurance requirements. If we add amounts for taxes, fees or insurance to the
attached to or installed in the property now or in the future
Th
it
i
.
e secur
y
nterest als
includes any replacements for the property which you buy within 10 days of th
d o unpaid balance of the advance, we may increase your payments to pay the amount
e added within the term of the insurance or ap
roximate te
f th
a
vance or any extensions, renewals or refinancings of the advance
It also include p
rm o
e advance.
s
.
8. NOTICE - If you do not purchase the required property insurance, the insurance
any money you receive from selling the property or from insurance you have on the we may purchase and charge you for will cover only our interest in the property. The
property. If the value of the property declines, you promise to give us more property I
as security if asked to do so. nsurance will not be liability insurance and will not satisfy any state financial
responsibility or no fault laws.
2. WHAT THE SECURITY INTEREST COVERS - The security interest secures the g. DEFAULT - You will be in default if you break any promise you make under this
advance and any extensions
renewals or refinancin
s of the
d
I
,
g
a
vance.
t also secures agreement. You will also be in default if you are in default under the Plan. If you are
any other advances you have now or receive in the future underthe Plan and any other pledging property, but have not
signed the Plan
amounts or loans
you will be in def
includin
an
cr
lt if
dit
d l
.
,
,
g
y
au
e
car
anyone is in
oan., you owe us for any reason now or default who has signed the Plari.
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 'Q 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
if this advance is to buy the property
you promise
ou will us
th
d ,
Massachusetts, Missouri, fifebrasks, South Carolina and West Virginia. When you
are in default and after expiration of any right you have under applicable state law to
,
y
e
e a
vance for that
purpose. You promise that no one else has any interest in or claim against the
ro
t
th cure your default, we can require immediate payment of your outstanding balance
under the Plan without giving you advanc
ti
p
per
y
at you have not already told us about. You promise not to sell or lease the
xoperty or to use it as security for a loan with another creditor until the advance is e no
ce.
The following paragraph applies to borrowers in all other states. When you are in
-epaid. You promise you will allow no other security interest or lien to attach to the
to default, we can require immediate payment (acceleration) of what you owe under the
-roperty either by your actions
by operation of law. Plan and take possession of the property. You waive any right you have to demand for
t. PROTECTING THE SECURITY INTEREST - If your state issues a title for the payment, notice of intent to accelerate and notice of acceleration.
property, you promise to have our security interest shown on the title. We may have The following paragraphs apply to all borrowers:
o 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
;laims of others: If asked to do so, you promise to sign a financing statement You
Iso promise to do whatever else we think is necessary to protect our securit
intere
t judicial process if this can be done without breach of the peace. If we ask, you promise
to deliver the properly at a time and place we choose
We will not b
y
s
i the property. You promise to pay all costs, including but not limited to any attorney .
e responsible for
any other property not covered by this agreement that you leave inside the property
:es, we incur in protecting our security interest and rights in the property, to the
xtent permitted by applicable law. or that is attached to the property. We will try to return that property to you or make ••
it available to you to claim.
. USE OFPROPERTY- 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 property carefully and keep it in good repair. (2) Obtain our written amounts you owe us. We will give you notice of any public sale or the date after which
ermission 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
here the property is kept. (3) Inform us in writing before changing your address. (4)
flow us to inspect the property. (5) Promptly notify us if the property is damaged 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
,
tolen 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
CO SUMERS' CLAIMS AND DEFENSES NOTICE -The following
g paragra
h
.
CO the sale money will be applied to what you owe under the Plan.
f
p
oplies
only when the box on reverse side is checked, i
you have agreed to pay the advance, you will also have to pay any amount that
OTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS remains unpaid after the sale money has been applied to the unpaid balance of the
advance and to what you owe under this agreement
Y
UBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD .
ou agree to pay interest on that
amount at the same rate as the advance until that amount has been paid.
SSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - We can
(iTH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE delay enforcing any of our rights under this agreement any number of times without
EBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
EREUNDE losing the ability to exercise our rights later. We can enforce this agreement against
your heirs or legal representatives. If we change the term
f th
Pl
s o
e
an, you agree that
this agreement will continue to protect us.
PROPERTY INSURANCE, TAXES AND FEES - You must maintain property
3urance on all property that you give as security under the Plan. You may purchase 12. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by
a court to be unenforceable, the rest will remain in effect
e property insurance from anyone you choose who is acceptable to the Credit Union.
e amount and coverage of the property insurance must be acceptable to us
Y .
13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE -
.
ou
iy provide the property insurance through a policy you already have, or through a
,icy you get and pay for
You
romi
t
k THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE
AND ALL
.
p
se
o ma
e the insurance policy payable to us
J 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
.
rou cancel your insurance and get a refund, we have a right to the refund. If the
)perty is lost or damaged, we can use the insurance settlement to re
ai
th MAY HAVE TO PAY THE DIFFERENCE.
14. NOTICE FOR ARIZONA OWNERS OF PROPERTY- It is unlawful for you to fail to
p
r
e
)perty or apply it towards what you owe. You authorize us to endorse any draft or
Eck which may be payable to you in order for us to collect any refund or benefits i 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
under your insurance policy. You also promise to pay all taxes and fees (like s your responsibility to notify us if your address changes. The maximum penalty for
unlawful failure to return a motor vehicle is
i
one year
n prison and/or a fine of $150,000:
THE PROPERTY DESCRIPTION 11IN TVF PRIPP"'Zinp rc QFDr no
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PEN.hSYLVAIIA STATE EMPLOYEES CREDIT UNION
Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • (717) 234-8484 • (800) 237-7328
Mailing Address: P.O. Sox 67013, Harrisburg, PA 17106-7013 • (717) 777-2100 (i DD) • (800) 472-1957 (TDD)
Web Address: w. ^n•.gsecu.corn
Savings federaNy'nsu.ed up to S 100,000 by the National Credit Union Administration.
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PAY -
TO THE ...
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PENNSYLVANIA STATE EMPLOYEES C.--EDIT UNION'
Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • (717) 234-8484 • (800) 237-7328
Aiailing Address: P.O. Box 87013, Harrisburg, PA 17108-7013 • (717) 777-2100 (TDD) • (800) 472-10.7 (TDD)
Web Address: wv,,v.psec co^1
:.. -- _ . _ _r.. .. .._ _ 5-M
Savings iede.ally insured up to 5100.000 by the National Credit Union Admmistation.
EXHIBIT "D"
PSECO Pennsylvania State Employees Credit Union
F.O. Box 67013 a Harrisburg, FA 17106-7013 e (717) 234-8454 Harrrsbtxg, (80J) 237-7328 Nahonw;de
the Financial link-u 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'advancesl 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
subacoounts. If a credit limit is set for a subaceount, 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
subaccourit, 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 it 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 ATM/Deblt card to access the Plan, you may be liable
for the unauthorized use of your Ai M/Debft card. You will not be liable for
unauthorftod use that occurs after you notify us, orally or in writing, of the loss, theft,
or posslble 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 ATiv fDebft 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 sinus
an advance if you have rot yet made a payment) is multiplied by the applicable daily
periodic rate. The stare 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 bean made. In addition to interest, we may charge oilier finance charges which
are disclosed on ft Addendum. If the interest rate is a variable Interest rate, the
Addendum explains stow the variable interest rate works.
6. SECURITY -You pledge as security for the Plan all shares and dividends and,
it any, all deposits and interest in all joint and individual accounts you have with us
now and in the future. 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, R 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.1 For all borrowers: The statutory lien and/or your pledge will allow us
to apply the funds in your account(s) to what you owe when you are in 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
C CUKA MUTUAL GROUP, 1989. 82, N. 88 89.98. 99. 2000, 01, D2. 08. ALL RIGHTS P.-HAVED 110111"
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance must be acceptable to
us. You may provide the property insurance through a policy you already have, or
through a policy you get and pay for. You promise to make the insurance policy
payable to us and to deliver the policy or proof of coverage to us if asked to do so.
If you cancel your insurance and get a refund, we have a right to the refund. if the
property is lost or damaged, we can use the insurance settlement to repair the
property or apply it towards what you owe. You authorize us to endorse any draft or
check which may be payabfs to you in order for us to collect any refund or benefits
due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
If you do not pay the taxes or fees on the property when due or keep It insured, we
may pay these obligations, but we are not required to do so. Any money we spend
for taxes, fees or insurance will be added to the unpaid balance of the advance and
you will pay interest on those amounts at the same rate you agreed to pay on the
advance. We may receive payments in connection with the insurance from a
company which provides the insurance. We may monitor our loans for the purpose
of determining whether you and other borrowers have complied with the insurance
requirements of 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 Insurtmce 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 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. 0 you
give us Inconsistent Instructions, we can refuse to k* w your instructions. Unless our
written policy requires all of you to sign for an advance, each of you auttnorizea 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 ue prior written
notice. If any of you terminate the Plan, the Man is terminated for aff of you.You remain
liable individually and jointly for all advances incurred before termination.
12. FEES AND CHARGES - ff 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 ?o you at the time you obtain an advance. We may
also charge you other fees In connection with the Plan. Those leers 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 Dur 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.
The following paragraph applies only to borrowers In Iowa: You will be in default
if you are more than 10 days late in making a payment. You will also be in default if
you do not comply with the terms of the Plan and your failure to comply materially
impairs any property you gave as security of your ability to repay what you owe
under the Plan.
FSECU FORM #31A6
J3Y.x0601.1 OV -2C92.1 (1'03)
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 it 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. 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
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 sae 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 forward 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 it available to you to claim.
After we have possession of the property, we can sell it and appty the money to any
amounts you owe us. We will give you notice of any public sale or the date after
which a private sate 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 tinder 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 safe money has
been applied to any unpaid balance under the Plan. You agree to pay interest on that
amount at the same rate as the advance, or, if applicable, at the default rate
disclosed on the Addendum, until that amount has been paid.
The following paragraph apppes 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. It Me property is a motor
vehicle, mobile horse, 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 wig 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 wig 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
322.4155 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 it you agree to the change or you use
the Plan after receiving notice that your use of the Pan means you agree the
j change applies to existing balances.
The following paragraph applies to borrowers in all other stales: We have the
right to change the terms of the Plae from time to time after giving you any advance
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 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 gore 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.
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 ban 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 OFTHE PROPERTY -Ycu 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 tease the
property or to use it as security for a loan with another creditor unfit 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 SECURITY INTEREST - if your state issues a free 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 also 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 cars" 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 darnaged,
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 mamr 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, ff 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 befieve the statement was correct.
In this Agreement, the wards you and your means each and all of those who apply
for the card or who signs this Agreement. Card mans the VISA Credit Card and any
duplicates and renewals we Issue. Account means your VISA Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY-- If we issue your a card, you agree to repay all debts and the
Finance Charge arhft from the use of the card and this card account. For example,
your are responsible for charges made by yoursellf, your spouse and honor children.
You ate also responeble for charges made by anyone Was to whom you give the
card, and this responsibility continues urdl the card is recovered. You cannot disclaim
responsibility by notifying us, but we will dose the account for new transactions g you
so request and return an cards. You obligation to pay the account balance continues
even through an agreement, divorce decree or other court Judgment to which we are
not a party may cored you or one of the other persons responsible to pay the account
2. LOST CARE) 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 cal (800) 55&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 Croft Card, unless you are grossly negligent in the handling of your Card. In
any case, your fiabigty wig not exceed $50.
4. CREDIT LINE - If we approve your application, we will establish a sel-
repierdshiing 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
Una only by wrfttan application to us, which must be approved by our credit committee.
or loan officer. By giving you written notice we may reduce your Credit Una from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us, or our adverse reevaluation of your,creditworthlness. You may also terminate this
Agreement at any, ttime, 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 remaautting 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 Mom 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. N your monody payment exceeds the total credit fine balance
awed, we will automatcally post the credit to your St shares.
The minimum payment will be (a) 21% 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,
c-_
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 ary unpaid amount against your
credit limit. You do not have to pay any questioned amount white we are investoatng,
but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, it our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a credit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right. (a) You must have made the purchase in your home state or,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
theft to preiylous cash advances finance charges, than to previous purchase finance
charges, than to current late fees, ttett to previous cash advance balances, then to
Wefts purchase balances in the order that they were posted to your account, then
to currant cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
paying the tug 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 data 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
dally 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
AvwWe Daffy 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 Daly Balance for purchases each day, we take tha following
steps: We take the outstanding balance (al 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 Daffy Balance for Cash Advances - Cash Advance Transactions which are
posted to yea account are not included in the Average Daily Balance cakxdation for
The
verase pa>;y 8alattce calauiatedseparatelyr forCash Adva and subject to the
Cash Advance fvWnthy Periodic Rata.Tfhe Average Daily Balance lot Cash Transactions
is calculated by adding the Daily eafanc?es (Cash Transaction) for each day in the bUgng
cycle, and titer dividing by the number of days in the bluing cycle To calculate the Daily
Balanc?e for rash each day, we take the following steps: We take the outstarndng balance
(al amounts you owe} at the start of the day. Then, in the suetµuance in which amounts
are posted to your account, we add the amounts of all debits and subtract tfte 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 tiling 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 wnich 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 Lendfnq__Qrscfosure (continued)
New Balance shown on that statement, we will not apply the Monthly Periodic Rate
to your Account on your next statement.
8. DEFAULT - You will be in default if you fail to make any Minimum Payment
within 25 days after your monthly statement closing date. You authorize u5 to transfer
funds sufficient to make the minimum payment due if your VISA loan is in default.
You agree that we may temporarily suspend your ATM card access if your VISA
payment is due for a period exceeding 30 days. You will also be in default if your
ability to repay us is materially reduced by a change in your employment, an
increase in your obligations, bankruptcy or insolvency proceedings involving you,
your 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 if you default, subject to our gluing 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
attemaWe procedures to be followed. One is for you to present the card to a
participating VISA plan merchant, or another financial institution, and sign the sales or
cash advance draft which will be imprinted with your card. The other is to complete the
transaction by using your Personal Identification Number (PIN) in conjunction with the
card In an Automated Teller Machine or other type of electronic terminal that provides
access to the VISA system. You agree that you will not use your card for any
transaction that is illegal. tinder applicable federal, state, or loom law. The monthly
statement wifi Identify, the merchant, electronic terminal or financial Institution at which
transactions were made, but sate, gash 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 gore credit for rattans 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 a7+e us, we will automatically post the excess credit balance to your S1
Shares within 75 days. 11 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 morchant or finandal institution to horror 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
followltg terms and conditions. You agree that the Lisa of your ATM card(';)
constihrtes aooeptence of the terms and conditions of this Agreement You
understand that ATM is a credit-related service and you authorize PSECU to obtain
a credit report on any users of this account.
1, ACCOUNTS AND USES OF ATM CARD -You have the account(s) (including
Checking and Regular Shares), which we set forth on your application form with this
Agreement. You hereby request that we issue to you one or more ATM CARD(s) to
be used In connection with such accounts as described in this Agreement.
You understand you may use the ATM CARD at a STAR SYSTEMS* ATM to (1)
withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from
your account, (4) reoeitrs 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 mac hirm throughout the United States and in certain
foreign counules which bear the PLUS SYSTEM name and logo (1) to make
withdrawals from, (2) e8sot 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. It 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
Cheddng 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 directions given just as your actual signature and other proof identify
defenses (other than tort claims) arising oat 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 S50 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 morchant.
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 to recover any of
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section. With respect to
this account only, we will not assert any statutory right we may have if you are in
default to prevent withdrawal of your unpledged credit union shares (Deposits)
below the unpaid balance of your account. However, if you give or have given us a
specific pledge of your credit union shares (Deposits) by signing the Pledge of
Shares or otherwise, or any other security interests for all your debts, your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agreements, except for your tome.
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 procassing 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.
14. ILLEGAL TRANSACTIONS PROHIBITED -You agree that you will not use your
cans 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. Thera may be occasions when a transaction is
dotiirted because It I8 I dicativie of possible frauidutarl activftK
you and aufhanflcate 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 deviiss for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
9. LIABfLITY FOR UNAUTHORIZED TRANSACTIONS -You agree to contact us
at once it you believe the ATM CARD(s) Issued to you or PIN has been lost or stolen
or money is missing from your account(s), You also agree that if your monthly
statement allows transactions which you did not make, and you do not contact us
within 80 days after the statement was matted 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 ELSETO USE YOU ARE AUTHORIZING THEMTO 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 lose of your ATM CARD or PIN. Safeguard your Personal
Identification Number (PIN). Do riot 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 time and a 'hold' will be placed on your
old card. After such time, if you find your old card, destroy the old card by cutting it
in half. If you attempt to use your old card, it will not work.
4. CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal
exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash
disbursement transaction (loan advance or share withdrawal) that is less than $20.
You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
for any adjustment that needs to be made to your account resulting from an error
you made while making a deposit at an Automated Teller machine (ATM). You agree
to pay the charges or transaction fees which are charged by us for these services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to 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 a ,--count in which you are making a
Electronic Funds Transfer AT mLA_g_regrrte/tt_.and Regu(atign ."E" A. isclosura
(continued)
deposit, the items that you are depositing and whether the deposit is made at a
STAR SYSTEMS ATM that is owred by us or another financial institution. You also
understand and acknowledge that not all STAR SYSTEMS ATMS may accept
deposits and some STAR SYSTEMS ATMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement for
such aoeouni. 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 shalt 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 it to us upon our request. You agree that the ATM CARD is non-
transferable.
8. 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 CONVERSIQiWELECTRONIC RETURNED CHECK
FEES - It you pay for something with a check or share draft, you may authorize it
to be converted to an electrordc 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 motley in your account plus your maximum overdraft Iute of credit. If you
believe your card has been lost or stolen, and you tali 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 Me 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 $SM.
Also, If your statement shows transfers that you did not make, tell us at once. It
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have 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 aden d 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, follow the directions for Lost Card Notification under the VISA Credit
Card Agreement and Truth-In-Lending Disclosures section of this document.
• ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717)
234-8484 (in Harrisburg).
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106-7013
PSECU Business Hours:
8:00 a.m. - 5:00 p.m. M - F
TDD (800) 472.1967 Nationwide
(717) 777-2100 in Harrisburg
4. FINANCIAL INSTITUTION'S BUSINESS DAYS -
• ATM, ACH and SST - PSECU's Business Days are Monday through Friday,
Holidays not included.
5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE -
• ATM - Balance inquiries on checking, savings and PSL; withdrawals from
checking/savings; cash advance from PSL; deposits to checking/savings;
purchase goods and services at any accepting retail establishment.
• ACH - Preauthorized debits and credits to checking and savings.
• SST - Balance inquiries and transaction histories on all share, certificate and
loan accounts; transfers from any share to another share or loan account from
your PSL to any share or Inan account: -mthdrav.,als from any Share except
IRA shares or certificates.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
• ATM - Fifty cents for each disbursement (cash advance or withdrawal) less
than $20; fifty cents for each transaction over 15 per month; 25 cent for each
balance inquiry; and there may be an additional charge for any adjustment
that needs to be made to the account of any member who makes an error
while depositing at an Automated Teller machine (ATM).
• ACH - $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. If you have told
us in advance to make regular payments out of your account, you can stop
any of time 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 1710e-7013, in fine for us to
receive your raciuW three business days or more before the payment is
scheduled to be made, tf you call, we may also require you to put your request
in writing and get it to us wiEfwrt 14 days after you calf.
• Nobto of Varying Amountla. If these regular payments may vary in amount,
the person you are going to pay will tell you, 10 days before each payment,
when it will be made and how much it will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would fall outside certain
limits that you set.
• UabXty for Fabure to Stop Payment of Presuthorized 71ransfartt. If you
order us to stop one of these payments three business days or more before
the transfer is sdwxk ed, and we do not do so, we will be liable tot your losses
or dartrages,.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 fag 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 CERTAINTRANSFERS -
• ATM - if PSECU fails to complete a transaction on time or in the correct
amount, when properly instructad by you, PSECU will be (fable for damages
caused by our failure unless: (1) there are insufficient funds in your account to
complete tfte 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) ff 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 only for actual proven and not consequential damages if the failure
to make the transaction resulted from a bona fide error despite PSECU's
procedures to avoid such errors.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will disclose information about your account to
third parties: (1) when it is necessary to complete transactions: (2) to verity
the existence and standing of your account with PSECU upon request, of third
party, such as a credit bureau: (3) to comply with government agency or court
jectrontC F ns.T?ans/grLgTNi_RgreeMg t end Reg_uf3tion "E'_.Di ctosgre
(continued)
orders; (4) in accordance with your v,ritten permission; (S) to comply with
government or administrative agency summonses, subpoenas, or court
orders; (6) on receipt of certiGcabon 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 ATtd 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 (ooins 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 Cheddng, 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 to 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 casts 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 grand 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 retell 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 ChecWQ
in the amount of the Purchase and directing PSECU to pay these funds to
such Merchant.
1 S. LWTA11ONS 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
wiftraw/purchase up to $500 at point of sale locations. PSECU reserves the
right to reduce this daft' limit at any time. In the event that your daily limit Is
less than $500, PSECU will advise you of the new tlmitation. The day for
withdrawal limits starts at 12 mkinight each day and ends at 12 midnight the
next day. For security purposes, there are also certain daily limitations on the
frequency of use of the ATM CARD. However, these limitations are not
revealed for security reasons. The Pennsylvania State Employees Credit
Union is not obliged to maintain such limitations.
You will be denied use of your ATM CARD if you exceed the daily
withdrawaL'purchase limit, if you do not have adequate funds available In your
account, do not enter the correct Personal ktent;fication Number (PIN), or
exceed the frequency of usage limitation. The receipt provided by the STAR
SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will notihj 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 (300) 237-7326 Nationwide, TOD (800) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA
17106-7013, as soon as you can if you think your statement or receipt is
wrong, or it you need more information about a transaction listed on the
statement or receipt. PSECU must hear from you no later than 60 days after
it sent you the first statement on which the problem or error appeared. You
must provide the following information: (a) Your name, account number, and
ATM CARD number (if a ATM transaction), or reference number (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.
N 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. N we need more time,
however, we may take up to 48 days for STAR SYSTEMS, PLUS SYSTEM,
SELF-SERVICETELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or
g0 days for STAR SYSTEMS purchase transactions. It PSECU decides to do
this, it will recredit your account within 10 business days for the amount you think
is in error H it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBITICREDIT transaction, or 20 business days tf it
is a STAR SYSTEMS purchase transaction. You will have the use of the money
during the time A 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 irnrestigafion is completed. You may ask for
copies of the documents PSECU used in the investigation. If PSECU credits
your account while investigating, you must repay those funds if PSECU
concludes no error has occurred.
17. ATM SURCHARGE -- If you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used in processing the transaction (and you may be charged a fee for a balance
Inquiry even If you do not complete a fund transfer). The ATM surcharge will be
debited from your account H 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.
• N the ATM has an entry door, close the door prior to initialing your transaction.
• Put your cash away immediately.
• Direct complaints concerning ATM security to an appropriate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking at (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the fallowing FTC Notice:
ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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4or rd??ro%TARY
2009 MAY -1 PM 12: 49
V N+ r i, sl' "'OUNTY
$'18.50 P 0 A?TV
Gc * 9aai
RT*- 1,2421;t
Sheriffs Office of Cumberland County
R Thomas Kline o "tn of c'uwb'P.. Edward L Schorpp
Sheri cla
Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy oFFjQE c? T"E RIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant to wit: Michael B. Hanle at 11 Clemson Drive, Camp Hill,
Cumberland County, Pennsylvania, 17070 but was unable to locate him in his bailiwick he therefore
returns the within Complaint as not found as to the defendant, Michael B. Hanle. Current resident advises
the defendant no longer resides here and the Post Office has no forwarding address.
SHERIFF COST: $41.50
May 15, 2009
SO ANSWER.
R THOMAS KLINE, SHERIFF
2009-2858
Pennsylvania State F]nployees Credit union
v
Michael Hanle
--4
- -Tj
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES N0.09-2858 Civil Term
CREDIT UNION, .
Plaintiff
vs. .
MICHAEL B HANLE
Defendant ~ CIVIL ACTION -LAW
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint with regard to the above defendant in the
above captioned matter.
Date: ~IrJ~
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
~~~
Melissa L. Van Eck, Esquire
Attorney ID No.: 85869
7810 Allentown Blvd., Suite B.
P.O. Box 6662
Harrisburg, PA 17112
(717)540-5406
t) ,~_,
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$Id.oo Q~ ATT~f
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY '~
Ronny R Anderson ~~i ~~
'
'
iff
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Sher -
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Jody S Smith t u .~ ~¢ ~,.
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Chief Deputy
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Edward L Schorpp CUI~ .,:. ,, .~ ,~"~
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Solicitor ..
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Pennsylvania State Employees Credit Union Case Number
vs. 2009-2858
Michael B. Hanle
SHERIFF'S RETURN OF SERVICE
05/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Michael B. Hanle, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michael
B. Hanle. Current residents of 439 Market Street Apartment 3, New Cumberland, PA 17070 advised
Deputies Michael B. Hanle does not reside at this location anymore. The defendant's ex father inlaw
resides at 11 Clemson Drive, Camp Hill, PA 17070 and he advised Deputies Michael B. Hanle does not
reside at this address and he has not seen him in years. Michael B. Hanle is thought to be residing in a
shelter in Harrisburg, PA.
SHERIFF COST: $61.80
May 18, 2010
SO ANSWERS,
~.~
RON R ANDERSON, SHERIFF
;c GounfSuitca She!'iYt. ~I~eleosofT. Inc.
of CUM
David D. BueCC e p Renee 1 Simpson
Prothonotary ;,, y 15` Deputy Prothonotary
r,
v a v
RirkS. Sohonage, ESQ
Irene E. Morrow
Solicitor X750 2nd Deputy Prothonotary
Office of the Prothonotary
Cum6er(and County, Pennsylvania
09„,f2a5c3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573