HomeMy WebLinkAbout09-2864IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. OQ _ a8(oq eill(Term
CREDIT UNION,
Plaintiff
VS.
MICHAEL D CRAIG
Defendant CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff _
VS.
MICHAEL D CRAIG
Defendant : CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Num. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACI6N DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Document #.• 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
MICHAEL D CRAIG
Defendant
NO.
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and
through its attorneys, Van Eck & Van Eck, P.C. and states the following cause of action and in
support thereof, avers as follows:
1. Plaintiff, Pennsylvania State Employees Credit Union, is a financial institution
qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place
of business situate at 1 Credit Union Place, Harrisburg, Dauphin County, Pennsylvania.
2. Defendant, Michael D Craig, is an adult individual with a last known address of
237 W King Street, Apt 1, Shippensburg, PA 17257-1122.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicants.
COUNT I - BREACH OF CONTRACT (PERSONAL SERVICE & VISA LOAN)
4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth.
5. Defendant applied to Plaintiff for a personal service and 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 on the personal service and Visa loan was
on December 8, 2005.
12. Defendant was 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 have
failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
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 Five Thousand One Hundred Seventy-seven Dollars and
49/100 ($5,177.49).
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 Seven Hundred Twenty-one Dollars and 82/100 ($1,721.82) 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 D Craig, in the amount of Six Thousand Eight Hundred Ninety-nine Dollars and 31/100
($6,899.31), 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 continue 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 One Thousand Five Hundred Eighty-Two Dollars and 45/100
($1,582.45).
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 Three Hundred
Sixteen Dollars and 49/100 ($316.49) 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.
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 D Craig, in the amount of One Thousand Eight Hundred Ninety-eight Dollars and
94/100 ($1,898.94), plus interest, the costs of this action, and such other relief as the Court
deems just and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
By:
Melissa Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 180057.1
VERIFICATION
I, Gregory R. Diffenderfer, Manager of the Pennsylvania State Employees Credit Union
verify that the statements made in the aforegoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unworn falsification to authorities.
Pennsylvania State Employees Credit Union
By:
Title: 4"01
Date: 5-?
Exhibit "A7
PERSONAL SERVICE LOAN AND VISA ACTIVATION NOTICE
February 26, 2001
t_oan
Information: SS # '- Applicant: MICHAEL D CRAIG
Ref #: 131423 598
Approval Amount: $5,000
Home Telephone #: ' Work Telephone #--
Signature: I acknowledge receipt of the PSECU LOANLINER Disclosure and Credit
Agreement and agree to be bound by the terms set forth in said agreement. -A-
Signature of MIC lb D CRAIG Date
• I would like an immediate PSL advance of $ w'? PUPOSE: 1k
Send a P check, or 13 deposit to my ? 4 (loneyHaRdler/Checki ?1t l?
ng Shares)
• Select your Personal Service Loan repayment option.
? Payroll deduction ? Automatic Transfer ? Direct Payment Homebanking
? Self Service Telephone
• 11:1 want 1P do not want overdraft protection from my Personal Service Loan.
I would like an immediate VISA advance of $ . PURPOSE:
Send a ? check, or deposit to my S4 (MoneyHandler/Checking Shares)
• You may have one additional card issued on your VISA account. Indicate your choice below:
? Please Issue an additional card in the name below. I authorize himttw to use It and I accept full responsibility
for all charges and/or cash advances just as though I made them. Authorized card holders may not order
replacement cards or obtain VISA account Information Q.e. detailed transacttons, balance information, payment
activity). MICHAEL D CRAIG must sign below.
Name of Authorized Card Holder Signature of MICHAEL D CRAIG
T
_ Personal Identification Number
°''l- rrnir diutts or four letters. Please do not use the fetters Q or Z as part of your PIN. Please record
SCANNED
Exhibit "B"
PSE(O
Pennsylvania State ,Employees Credit Union
P.O. Box 67013 • Harr!sharg.. PA 17,106-7,31 3 • (717) 23-t-848a N,arrr '( 2:37-7326 1A.3.*
ll-?a .. r.
Loan Disclosures
This LOANLINER" Credit and Security Agreement„ which includes the Truth in
i 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 Plar. This is a multi-stale document which
may be used to lend to borrowers in all states.
1. HOW THIS PLAN WORKS - This is as open-er•d, multi-featured credit plan. `i`ie
anticipate that, from time to time, you will borrow money (called `advances') under
the Plan. We are not required to make advances to you under the Plan and can
refuse a request for an advance at any time. The Addendum describes the
different types of credit (called "subaccounts") available under the Plan. the currant
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
subacxrounts. If a credit: limit is set for a subaccount, you promise not to exceed the
established credit limit. If you exceed the credit limit, you promise to repay
immediately the amount which exceeds the credit limit.
3. REPAYMENT - You promise to repay all amounts you owe under the Plan plus
interest. Payments are due on the last day of the month unless we set a different
date at the time of an advance. If the Addendum has no payment schedule for a
subaccount, your payment will be determined at the time of each advance.
Payments must include any amount past due and any amount by which you have
exceeded any credit limit you have been given for a subaccount. You may repay all
or part of what you owe at any time without any prepayment penalty. Even if you
prepay, you will still be required to make the regularly scheduled payments unless
we agree in writing to a change in the payment schedule. If you have a joint share
draft account, you will be responsible for paying all overdraft advances obtained by
a joint holder of the share draft account. Payments will be applied in the order the
Credit Union chooses.
4. PLAN ACCESS-You can obtain credit advances in any manner authorized by
us. If we allow you to use your AThi/Debit card to access the Plan, you may be liable
for the unauthorized use of your ATM/Debit card, You will not be Ifabie for
unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft,
or possible unauthorized use. If you believe your ATM/Debit card has been lost or
stolen. Immediately inform the Credit Union by calling or writing us at the telephone
number or address that appears elsewhere in the Plan. If the card is used to obtain
advances directly from the Plan, your liability will not exceed S50. If the unauthorized
withdrawal Is from a share draft account, your liability is govemed by the Regulation
E disclosures you received at the time you received your ATM/Debit card, even it the
withdrawal results in an advance being made from your overdraft subaccount.
5. FINANCE CHARGE -The dollar amount you pay for money borrowed is called
a finance charge" and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance if you have not yet made a payment) is multiplied by the applicable daily
periodic rate. The sum of these amounts Is the finance charge owed. The balance
used to compute the finance charge is the unpaid balance each day after payments
and credits to that balance have been subtracted and any additions to the balance
have been made. In addition to interest, we may charge other finance charges which
are disclosed on the Addendum. If the interest rate is a variable interest rate, the
Addendum explains how the variable interest rate works.
6. SECURITY INTEREST - The Plan is secured by the shares and deposits in all
joint and individual accounts you have with the Credit Union now and in the future.
Shares and deposits in an Individual Retirement Account and any other account
which would lose special tax treatment under state or federal law if given as security
are not subject to the security interest you have given in your shares and deposits.
Additional security may be required depending on the subaccount under which an
advance is requested. For example, a subaccount called "New Car Advances"
means the security will be a new car. A subaccount tailed "Other Secured
Advances" means you must offer security acceptable to the Credit Union for the
advance. Property given as security, for aay advance under tt e Pian ,vile secure all
other amounts you owe under the Plan or under ary otter Agraement filth us now
or in the future. Property securing other loans with us may also secure the Plan.
However, if you have given your dwelling as security for a loan with us. that dwelling
will not secure an advance made under the Plan.
7. PROPERTY INSURANCE,TAXES AND FEES -You will be requirec to pLrchase
property insurance on certain types of security that you give for advances. You may
purchase the property insurance from anyone you choose who is acceptable to the
Credit Union. The amount and coverage of the property insurance must De acceptable
to us. You may provide the property insurance through a policy you already have, or
CCUNA KWT,JAL GROU> 1960. 32. B4. 86. a9, 97, ALL PiGH-S RESERVED
through a policy you get and pay for. You promise to make the insurance policy
payable t0 us and to deliver the policy or proof of coverage to us if asked to do so.
if you cance: your insurance and get a refund, va have a rgnt to the refund, if thi,
property is lost or damaged, we can use the insurance seitlemert to repair the
properly or apply it towards what you owe. You authorize us to endorse any draft or
check which may be payable to you is order for us to collect any refund er benefits
due under your insurance policy. You promise to pay all taxes and fees Qika
registration fees) cue on the property and to keep the property irsured aca rst loss
and damage.
If you do not pay the taxes or fees on the property when due or keep it ensured, we
may pay these obligations, but we are not requ red 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 i
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 (t) the insurance company's payments j
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 '.he requires property insurance, the insurance
we may purchase and charge you for will cover only our interest in the property. The
Insurance will not be liability insurance.
9. CREDIT INSURANCE - Credit life and.'or credit disability insurance is optional
under the Plan. If you qualify for and purchase the insurance from us, you authorize
us to add the insurance premiums monthly to your loan balance and charge you
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended
beyond the approximate term stated on the Addendum. The credit insurance rates Ii
may change during the Plan, if the rates change, we will provide any notices I
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 l
jointly responsible for paying all amounts owed. That means we can enforce our
rights under the Plan against any one of you individually or against all of you
together. If you give us inconsistent instructions. we can refuse to follow your
instructions. Unless our written policy requires all of you to sign for an advance, each i
of you authorizes the other(s) to obtain advances individually and agrees to repay ,
advances made to the other(s). 1
i
12. FEES AND CHARGES - If you give us a security interest in certain types of
property, we may charge you a filing fee to perfoct our interest in the property, if so,
the amount of the fee will be disclosed to you at the time you obtain an advance. We
may also charge you other fees in connection with the Plan. Those tees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
13. UPDATING CREDIT INFORMATION -You promise that you will promptly give
us written notice if you move, change your name or employment, or If any other
information you provided to us changes. Upon our request you also agree to provide
us updated financial information.
14. DEFAULT - The following paragraph applies to borrowers in Idaho,
Kansas, Maine and South Carolina: You will he it default if you do not make a l
payment of the amount required when it Is dice. 'You will also be in detault if we
believe the prospect of payment, perf--rmance. 0i- rea6zatiorr on any property given
as securty is significanily impaired.
The following paragraph applies only to borrowers in Wisconsin: Y7t, 4if be ,n
default If you fail to make a payment when, cie 'wo times during any 12-month
period. You will be In default it breaking any promise made under the Plan materially
impairs your ability to repay wnat you owe. You v'8 also be in default if break rc any
promise made under a Security Agrearnert made in connection •,v h a-. advance,
materially impairs the condit on, value, or pr^tector of or our right in the property you
gave as security.
The following paragraph applies only to borrowers in lows: You v;ifi DE in de-tault
if you are more than 10 days :ate in makinG a cayrre.nt. Yo.; will also to ,n default f
-42 3,
LOANLiNER' Credit and Security Credit Aareerrrertt (continued)
you do not comply with the terms -of the Flan and your failure to corr.ply ma'eria ly
impairs any property you gave as security of your ab dy to !spay ,vhat yo-., owe
under the Plan,
The following paragraph applies to borrowers in all other states: You ;•i,':
default if you do rot make a payment of the amount requirFl1 when a is o:.e.Yon L•:A
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 conne- tier, with an advance Linder
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 uprJate of c,edi!
information, or if something happens we believe may suostanlial:y reduce ycor
ability to repay what you owe. You will also be in default under t^.e Plan 0 you a•e it
default under any other loan agreement with us.
15. ACTIONS AFTER DEFAULT - The following paragraph applies to
borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine,
Massachusetts, Missouri, Nebraska, West Virginia and South Caroilna: 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: It immediate payment is demanded, you will continue to pay interest
until what you owe has been repaid, at the applicable interest rates in effect urless
a default rate is disclosed on the Addendum. If a demand for immediate payment
has been made, the shares and deposits given as security for the Plan can be
applied towards what you owe. We can also exercise any other rights given by law
when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security for an advance under the Plan without judicial process If this can be done
without breach of the peace. If we ask, you promise to deliver the property at a time
and place we choose. We will not be responsible for any other property, not covered
by this Agreement, that you leave inside the property or that is attached to the
property. We will try to return that property to you or make it available to you to claim.
After we have possession of the property, we can sell it and apply the money to any
amounts you owe us. We will give you notice of any public sale or the date after which
a private sale will be held. Our expenses for taking possession of and selling the
property will be deducted from the money received from the sale. Those costs may
include the cost of storing the property, preparing it for sale and attorney's fees to the
extent permitted under state law or awarded under §506(b) of the Bankruptcy Code.
The rest of the sale money will be applied to what you owe under the Plan.
16. ACTIONS AFTER DEFAULT - WISCONSIN - The following paragraph
applies only to Wisconsin borrowers: When you are in default and after expiration
of any right you have under applicable state law to cure your default, we may require
immediate payment of your outstanding loan balance under the Plan and seek
possession of the property. You may voluntarily give the property to us if you Choose,
or we may seek to take possession of the property by judicial process. If we
repossess the property, you agree to pay reasonable expenses incurred in disposing
of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile,
boat or aircraft, you will also be required to pay any costs permitted by Section
422.413 of the Wisconsin Statutes.
17. ACTIONS AFTER DEFAULT - LOUISIANA - The following paragraph
applies only to Loulidans borrowers: When you are in default, we can require
immediate payment (acceleration) of the enure unpaid balance under the Plan. You
waive any right you have to demand for payment, notice of intent to accelerate and
notice of acceleration. If immediate payment is demanded, you will continue to pay
interest until what you owe has been repaid at the applicable interest rates in effect
unless a default rate is disclosed on the Addendum. If a demand for immediate payment
has been made, the shares and deposits given as security for the Plan can be applied
towards what you owe. We can also exercise any other rights given bylaw when you are
in default and our rights under any security agreements you have with us.
18. CANCELLING OR CHANGING THE PLAN - The following paragraph
l
applies only to borrowers in Illinois: We have ins right to change the terms of
the Plan from time to time after giving you any advance notice required by law. Any
change to the interest rate or other charges will apply to future advances.
The following paragraphs apply only to borrowers in Wisconsin: We can
change the terms of the Plan from time to time in accordance with Section 422.415
of the Wisconsin Statutes. You will be notified of any change in terms. An increase i
in the daily periodic rate under a variable rate interest rate is not considered a
change in terms under the Plan. i
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 Pian continues whether you or the credit ,
union cancel the Plan, except to the extent that your liability is limited by Sector
422.4155 of the Wisconsin Statutes.
The following paragraph applies only to torrowers in lot-la: 1,Ye c,n C.mange !ne
terms of the Plan from time to time after g vi Ig YOU Hr ic-Enc x Co 'e-quircd by
law. A change that inc.easas the rate of f:na ce c arge of cti.cr chi ge, ha:
increases the amoun: of your payrrents. or r.?at otner,4lse acve'sc y sects ex's"na
balances will pp,-,1y to existing oa!runes only yo_ to the _r.a•,Se or you L,s<a
ine Pan after rece iinq notice tnat yo,:r o` t P:an rte r
8""- qi.,u dyr.eP ., ;.tE
change applies to existing, balances.
The following paragraph applies to borrowers In all other states: VIA) ^.ave the
right to change the terms cf the Plan from tirie to time aflor giving you any advance
notice required by law. Any change n the nt. rest rate va+l apply to `ut re advances.
and at our discretion, and sub;ect to ar.y require-nens of aip!icauie !a:v. wait a-so
apply to unpaid balances.
i The following paragraph applies to all borrowers other than Wisconsin
i borrowers: An increase in the daily periodic rate under a variable irforest rate :s not
considered a change in terms under the Plan. We car cancel the entire Plan or any
part of the Plan at any time, You can cancel the Plan at any tame. Your obligation to
pay the unpaid balances under the terms of the Plan continues whether you or the
Credit Union cancel the Plan.
Sections 21-25 apply It you give security In connection with an advance under
the Plan. They apply to borrowers in all states except Louisiana. Louisiana !
borrowers will execute a separate security agreement. Borrowers in other
states may also be asked to execute a separate security agreement.
19. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can
delay enforcing any of our rights under this Plan any number of times without losing i
the ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of me Plan, you agree that :his Plan
will continue to protect us.
20. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a
court to be unenforceable, the rest will remain in effect.
21, THE SECURITY FOR THE LOAN -You give us what is kronn as a security j
interest in all property described in any receipt, voucher or other document you
receive for an Advance (the Advance'). The security interest you give Includes all
accessions. Accessions are things which are attached to or installed in the property
now or in the future. The security interest also includes any replacements tot the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling
the property or from insurance you have on the property. If the value of the property
'
declines, you promise to give us more property as security if asked to do so,
22. WHAT THE SECURITY INTEREST COVERS -The security interest secures
the Advance described in the receipt, voucher or any other document you receive at
the time of the Advance and any extensions, renewals or refinancings of the
Advance. It also secures any other advances you have now or receive in the future I
under the Plan and any other amounts or loans, including any credit card loan. you i
owe us for any reason now or in the future, except any loan secured by your principal
residence. If the property is household goods as defined by *ine Federal Trade
Commission Credit Practices Rule, the property will secure only the Advance and i
not other amounts you owe.
23. OWNERSHIP OF THE PROPERTY -You promise that you own the property or
if the Advance is to buy the property, you promise you will use the Advance for that
purpose. You promise that no one else has any interest in or claim against the i
property that you have not already told us about. You promise not to sell or lease the j
properly or to use it as security for a loan with another creditor until the Advance Is
repaid. You promise you will allow no other security interest or lien to attach to the i
property either by your actions or by operation of law.
i
24. PROTECTING THE SECURITY INTEREST - If your state issues a title for the
property, you promise to have our security interest shown on the title. We may have 1
to file what is called a financing statement to protect our security interest from the
claims of others. If asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we thine is necessary to protect our security
interest in the property.
25. USE OF PROPERTY - Until the Advance has been paid off, you promise you
will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written
permission before making major changes to the property or changirg the address
where the property is kept (3) Inform us in vrriting before changing your address. (4) i
Allow us to inspect the property. (5) Promptly notify us if the property is damaged, i
stolen or abused. (6) Not use the property for any unlawful purpose
26. 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.
27. VERMONT NOTICE TO CO-SIGNER - YOUR
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE
EQUALLY LIABLE FOR REPAYMENT OFTHIS LOAN. IFTHE
BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL ;
RIGHT TO COLLECT FROM YOU.
This notice contains important information about your .ehts and run responsb!1ities
,;nder the Fair Credit Rill,nc. An!.
NOTIFY US IN CASE OF ERRORS OR OUESTIONS ABOUT YOUR STATEMENT
If you think your statement is wrong, or if ycu need more information, about a
transaction on your statement, wnte us on a sepa-ate sheet at the accress 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 pr;rblem
appeared. You can telephone us, but doing so w;II 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 accourt 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 react, 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 w0 in 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain wily we believe the statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or
report you as delinquent. We can continue to send statements to you for the amount
you question, including finance charges, and we can apply any unpaid amount
against your credit Iirnit. You do not have to p y a"r, cue o^ed ar-ount While se are I
,nvestiaating, b.i! yc:, are still c;bGc a;ed :,j l:t s of y;a:r t tr er, h;. 4,e
nct in q1 "estion
If we find that we made a mistake on ycr <_.t,ternen!..:.u Pli;: ^Ct rla,e to pay ar)r
trance charges ruiated to any quesho.^.cu cr-.ount, if we Jun'! r-.cka a m!s; ke, yo:;
may nave to pay finance charges, and y,a w ha.,, to ria;e up any m,ssec
payments on the questioned amount. Ir either case vie will send you a stateria-.t
of the amount you owe and the date that it :e. due
It you fail to pay the amount that we think you cwe. we r':ay r?Por, you as cefinquar,t
However, if our explanatior does not satis y fou and you write to :s w tmn 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 ranter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first 550 of the quest:rned 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 file
right not to pay the remaining amount due on the property or servrcos. There are two
limitations on this right: (a) You must nave made the purchase in your riorne state or. 'i
if not within your home stale, within 100 miles of your current mailing address; and
(b) The purchase price must have been mor3 than S50.
These limitations do not apply if we own or operate the merchant, or we mailed
you the advertisement for the property or services.
In this Agreement, the words you and your means each and all of those who apply
for the card or who signs this Agreement. Card means the VISA Credit Card and any
duplicates and renewals we issue. Account means your VISA Credit Card Line of
Credit account with us, We, us, and ours means this Credit Union.
1. RESPONSIBILITY - if we issue you a card, you agree to repay all debts and
the Finance Charge arising from the use of the card and the card account. For
example, you are responsible for charges made by yourself, your spouse and minor
children. You are also responsible for charges made by anyone else to whom you
give the card, and this responsibility continues until the card is recovered. You
cannot disclaim responsibility by notifying us, but we will close the account for new
transactions if you so request and return all cards. Your obligation to pay the account
balance continues even though an agreement, divorce decree or other court
judgment to which we are not a party may direct you or one of the other persons
responsible to pay the account.
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After
hours call (600) 556-5678.
3. LIABILITY FOR UNAUTHORIZED USE - You understand that your total
liability to the Credit Union shall not exceed $60 for any card transactions resulting
from the loss, theft or unauthorized use of the card that occurs prior to the time you
give notice to the Credit Union. Such liability does not apply when the card is used
to make electronic fund transfers. The Credit Union uses neural networks, which by
artificial intelligence can recognize and alert us to potential fraudulent transactions.
These alerts may generate inquiries about your use of the card and we apologize
for any inconvenience this might cause.
4. CREDIT LINE - if we approve your application, we will establish a seH-
replenishing Line of Credit for you and notify you of its amount when we issue the
card. You agree not to let the account balance exceed this approved Credit Line. Each
payment you make on the account will restore your Credit Line by the amount of the
payment which is applied to the principal. You may request an increase in your Credit
Line only by written application to us. which must be approved by our credit committee
or loan officer. By giving you written notice we may reduce your Credit Line from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us, or our adverse reevaluation of your creditworthiness. You may also terminate this
Agreement at any time, but termination by either of us does not affect your obligation
to pay the account balance. The cards remain our property and you must recover and
surrender to us all cants upon our request and upon terminations of this Agreement.
5. CREDIT INFORMATION - You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing
your Previous Balances of purchases and cash advances, the current transactions
on your account, the remaining credit availaoie under your Credit Line, the New
Balances of Durchases and cash advances, the Total New Balance, the Finance
Charge due to date, and any other billed fees, and the Minimum Paymert recuired.
Every month you must pay at least tre Minimum Payment within 25 clays of your
statement closing Cate. By separate agreement you may authorize us to charge he
minimum payment au!omatcally to your snare or chf"inc account with us. Yc•u may. ,
of course, pay more frequently, pay more Char the Minimum Payment, or pay the
Total New Balance in fud, and you wiii reduce Ire finance charge by doing so
The minimum payment will oe (a) 2% of your T,,:;tJ New Balance, rou-ided up 'o the
next even dollar, or (b) 520.C0, whicnever is greater. In addition. at any time your Tvia- to the balance of your account.
New Balance exceeds your Credit Line, you must immediately pay the excess upon our
demand. We will apply payments in the following manner: first to previous late fees,
then to previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES -You can avoid Finance Charge on purchases by paying
the full amount of the New Balance of Purchases each month within 25 days of your
statement closing date. Otherwise, the New Balance of Purchases, and the !
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your firance charge by multiplying the average adjusted i
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate as disclosed on the addendum.
Cash Advances: We calculate your finance charge on cash advances by '
multiplying the average adjusted daily balance (see explanation below) for cash }
advances during the billing cycle by the monthly periodic advance rate.
Balance Computation Method
Average Dairy Balance for Purchases - The Average Daily Balance for Purchase i
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 I
cycle. To calculate the Daily Balance for purhases each day. we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the i
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 i
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 t:s the Daily Balance for purchases. I
Average Daily Balance for Cash Advances - Cast: Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases.
The Average Daily Balance is calculated separately for Cash Advances and is
subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for ;
Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for cash each day, we take the following steps: i
We take the outstanding balance (all amounts you owe) at the start of the day. Then,
in the sequence in which amounts are posted to your account, we acia the amounts
of all debits and subtract the amounts of all credits or payments which post to your
account that day. After applying payments and credits, we subtract the amount of
any unpaid Finance Charges or Late Charges. Then we also subtract the amount of
any Purchase Transactions that posted to your account on that day or in any
previous day in the billing cycle. Tnis gives is the Daily Balance for Cash Advance
Transactions. Note: Cash Advances are always subject to finance charges and
from the day they are posted to your account.
Payments are applied in the following roarer. 'first to previous late fees, then to
previous cash advances finance charges. then to previous purchase finance
charges, then to current late fees, !hen to p-evio•.:s cash advarce oalances. then to
previous purchase balances in the er:ie, tna: they here posted to your account then
to current cash advance baiarccs, and then to currarr purchase balances. Credits
are applied first 10'!e panic:d6r Carpe of data whicn is being Credited. f any and inPr
VISA' Credit Card Agreement and Truth in Lending Olsclosure ficontinued)
Note also that if the total of the payments aric credit, vm;ch are roster; u: your
account by the Payment Due Date shown on a stateme, t is equal to or e;xceeds ihe.
New Balance shown on that statement, we will not apply tre Monthly Per odic Rate
to your Account on your next statement
a. DEFAULT -You will be in default if you fail to make any Minimum Payment
within 25 days after your rnonthly statement closing date.You authorize us to transfer
funds sufficient to make the minimum payment due if your VISA 'can is in default
You agree that we may temporarily suspend your ATM card access if your VISA
payment is due for a period exceeding 30 days. You will also be in default if your
ability fo repay us is materially reduced by a change in your employrr,ent, an
increase in your obligations, bankruptcy or insolvency proceedings involving you.
your death or your failure to abide by this Agreement. or if the value of our security
interest materially declines. We have the right to demand immediate payment of your
full account balance if you default, subject to our giving you any notice required by
law. To the extent permitted by law, you will also be required to pay our collection
expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures to be followed, One is for you to present the card to .-
participating VISA plan merchant, to us or another financial institution, and sign the
sales or cash advance draft which will be imprinted with your card. The other is to
complete the transaction by using your Personal Identification Number (PIN) in
conjunction with the card in an Automated Teller Machine or other type of electronic
terminal that provides access to the VISA system. You agree that you will not use your
card for any transaction that is illegal under applicable federal, state, or local law. The
monthly statement wig identify the merchant, electronic terminal or financial institution
at which transactions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement.You will retain a copy of such slips furnished at the time
of the transaction in order to verify the monthly statement. The Credit Union may make
a reasonable charge for photocopies of slips you may request.
10. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a
credit slip which we will post to your account. if your credit and payments exceed
what you owe us, we will hold and apply this credit balance against future purchases
and cash advances, or if it is one dollar or more, refund it on your written request or
automatically after six months.
11. FOREIGN TRANSACTIONS - r .` se i , ,; :r c r-,,. ;f
countries and foreign currercies tai ne b iieo ! yo r S :.,, :ant . ^r e ..
rate to dollars will be (0 the wt-ciesa e r -r e r e c. r;t aee• r c...?,i
rate, whichever is applicable. In w?ecl oni day prior to the prxassing tai
increased by on percent.
12. PLAN MERCHANT DISPUTES - We are not responsible for ine refuse! 0 any
plan merchant or financial institution to-honor y o.ir card. We are subject • ola.ms and
defenses (other than tort claims) arising out of goods and services you ; urchase witr:
the card only if you have made a good faith at:erupt, but have teen .,nab;e tc obtan
satisfaction from the plan merchant, and (a) your purchase was made jr, response to
an advertisemert vie sent or participated in sanding you, or (b) your purchase cost
more than $50 and was made from a plan merchant in your state or within 100 miles
of your home. Any other disputes you must reaolve directy w tr the plan merchant.
13. SECURITY INTEREST - To secure your account. you grant us a purchase
money security interest under the Uniform Commercial Coda in any goods you
purchase through the account. if you default, the 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. Wart respect to
this account only, we will not assent any stalitory right we may have if you are in
default to prevent withdrawal of your unpledged credit union snares (Deposits)
below the unpaid balance of your accourt. However, it you give or have given us a
specific pledge of your credit union shares (Deposits) by signing the Pledge of
Shares or otherwise, or any other security interests for aft your debts, your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agreements, except for your home.
14. EFFECT OF AGREEMENT - This Agreement is the contract which applies to
all transactions on your account even though the sales. cash advance, credit or
other slips you sign or receive may contain different terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
law. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as tc future transact iris.
15. LATE PAYMENT CHARGE - if your Minimum Payment is not paid within 15
days after the Payment Due Date, you wil be subject to a single charge of 5`c of the
minimum scheduled payment.
16. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement.
MONEY ACCESS CARD CARDHOLDER AGREEMENT " The Undersigned (you
or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION (we, our and us) issuing to you a MONEY ACCESS CARD, hereby agree
to be legally bound by the following terms and conditions. You agree that the use of
your MAC card(s) constitutes acceptance of the terms and conditions of this
Agreement. You understand that MAC Is a credit-related service and you authorize
PSECU to obtain a credit report on any users of this account.
1. Accounts and Uses of MONEY ACCESS CARD
You have the account(s) (including Checking and Regular Shares), which we set
forth on your application form with this Agreement. You hereby request that we
issue to you one or more MONEY ACCESS CARD(s) to be used in connection
with such accounts as described in this Agreement.
You understand you may use the MONEY ACCESS CARD at a MONEY
ACCESS CENTER' to (1) withdraw cash from, (2) make or arrange for deposits
in, (3) effect transfers to or from your account. (4) receive information regarding
the balance in your account(s) or (5) make cash advances from your credit
account(s) in the amounts you request. You may also use automated taller
machines throughout the United States and in certain foreign countries which
bear the PLUS SYSTEM' name and logo (1) to make withdrawals from, (2) effect
transfers to or from, (3) receive information regarding the balances in your
Checking or Regular shares. If you have a Personal Service Loan approved and
in place, you may also make a cash advance from your PSL. You further
understand you may use the MONEY ACCESS CARD to purchase goods and
services ("Purchase") at any retail establishment ("Merchant") where MONEY
ACCESS CARDs are accepted by such Merchant. if you use the MONEY
ACCESS CARD to make a Purchase to obtain cash, if permitted by the
Merchant, you shall be requesting us to withdraw funds in the amount of such
Purchase (including any cash received from the Merchant) Irom your Checking
Shares and directing or ordering us to pay such funds to the Merchant
You request that we will provide to you such otter services or access to ether ATM
systems or networks using the MONEY ACCESS CARD which we may later make
availabie and which we advise you are offered in connection with your account(s)
set forth on your application form. You also understand tat from time to time you
may request in writing that we provide access to additional accounts of yours
through the MONEY ACCESS CARD we have issued to you. You agree that the
uses of the MONEY ACCESS CARD described in this Agreement shall be subject
to the rules and regulations of each account which is accessed by such Card.
1. Use of Personal Identification Number ("PIN") with MONEY ACCESS CARD
You understand that a MONEY ACCESS CENTER or a PLUS SYSTEM ATM Is
an automated teller. It can and will perform many of the same tasks as a human
taller. You acknowledge that the Personal Identification Number or PIN which you
use with the MONEY ACCESS CARD is your signature, identifies the hearer of
the Card to the MONEY ACCESS CENTER, PLUS SYSTEM ATM, or other
network ATM and authenticates and validates the directions given just as your
actual signature and other oroof identify you and authenticate ar-d validate your
directions to a human teller. You also understand that a Merchant which accepts
the MONEY ACCESS CARD for a Purchase transaction may have an electronic
terminal (Merchant operated or Self-Service) which requires the use of your PIN
and when your PIN is used at a Merchant's terminal, it will authenticate and
validate the directions given just as your actual signature will authenticate and
validate your directions given to us. You acknowledge that your PIN is an
identification code that is personal and confidential and that the use of the PIN
with the MONEY ACCESS CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT
NO ONE ELSE LEARNS YOUR PIN,
3. Liability for Unauthorized Transactions
You agree to contact us at once if you believe the MONEY ACCESS CARD(s)
issued to you or PIN has been lost or stolen or money is missing from your
account(s). You also agree that if your monthly statement shows transactions
which you did not make, and you do not contact us within 60 days after the
statement was mailed to you, you may not get any money lost after that time.
YOU AGREE THAT IF YOU GIVE YOUR MONEY ACCESS CARD(s) and PINTO
SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(S)
BY THEM. You could lose all your money in the account(s) if you take no action
to notify PSECU of the loss of your MONEY ACCESS CARD or PIN. Safeguard
your Personal 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.
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 tree old card by
cutting it in half. If you attempt to use your old card, it will be captured and
retained by the MONEY ACCESS CENTER, PLUS SYSTEM, Or HONOR ATh1.
4. Charges
You agree to pay a 50 cent charge for each deoosit or withdrawal exceeding 15
a month. You agree to pay the 50 cent peralty charge on any cash d sbu-semert
transaction (loan advance or share withdrawal, that is less than. $20. Yc,; agree
to pay a 25 cent charge on each balance inquiry. Yo., agree to pay the charges
or transaction fees which are charged by is for these services or for services
which may later be offered as such fees or charges may be imposec or changed
from time to time.
; 5. Deposits
You agree that when you make a deposit at a MONEY ACCESS CENTER that
we have the right to verify the deposit before we make the money available to you
If you deliver cash, checks or other items to a MONEY ACCESS CENTER, you
understand and acknowledge that the funds from your deposit may not be
j available for immediate withdrawal and that the availability of your deposit shall
depend on our rules and regulations regarding the particu,ar account in which you
i
Ete oni?_Funds_Transler,.MAC Agreement and.. Regulation_"E',.Disclosure
(continued)
are making a depos,:, :he ,tem5 tnat you are cepcs trg are jr,o..s"
is made at a MONEY ACCESS CEN'ER that s owrea by us or ancthe ranna!
institution. You also understand and acknowledge that not all MONEY ACCESS
CENTERS may accept deposits and some MONEY/ ACCESS CENTERS may lir,it
the amount of funds which may be deposited and we may not contrai the se ii its
6. Liability
If the MONEY ACCESS CARD is issued for a joint account. yoJ agree :c oe
jointly and severally liable under the terms of this Agreemert and the agreement
for such account. You agree that if you make deposits or payments to your
account(s) with items other than cash (checKs, drafts or other items, and we
make funds available to you from such deposits prior to tneir collection, you
agree that we may deduct the amounts of such funds from your account(s) vrhich
are not collected or, if the funds in your account(s) are insufficient at such time.
you will promptly pay to us any amount of such funds which are not collected.
7. Amendment of this Agreement
You agree that from time to time we may amend or change the terms of this
agreement including amendments or changes to add further MONEY ACCESS
CARD services or to amend or change the charges for these services. We may
do so by notifying you in writing of such amendments or changes and your use
of the MONEY ACCESS CARD after the effective date of any such amendment
or change shall constitute your acceptance of and agreement to such
amendment or change.
8. Ownership
You agree that the MONEY ACCESS CARD is our property and you will
surrender it to us upon our request. You agree that the MONEY ACCESS CARD
is non-transferrable.
8. Disclosures
You hereby acknowledge receipt of the disclosure statement informirg you of
your rights under the Electronic Funds Transfer Act and a copy of this Agreement. i
REGULATION "E" DISCLOSURE
1. Summary of Consumer Liability
" MAC, ACH and SST - Tell us at once if you believe your card has been last or
stolen. Telephoning is the best way to keep your possible losses dowr, You could
lose all the money in your account plus your maximum overdraft line of credit. If
you believe your card has been lost or stolen, and you tell us within two business
days after you learn of the loss or theft, you can loss no more than $50 if
someone used your card without your permission,
If you do not tell us within two business days after you learn of the loss or theft
of your card, and we can prove we could have stopped someone from using your
card without your permission if you had told us, you could lose as much as $500.
Also, If your statement shows transfers that you did not make, tell us at once. if
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have stopped someone from taking the money if you had told us in time.
If a good reason such as a long trip or a hospital stay kept you from telling us,
we will extend the time periods.
2. Telephone Number and Address to Notify of Unauthorized Transfers
MAC - Contact PSECU at (800) 237-7328 or Money Access Service (MAC) at
(800) 5234175 during PSECU non-business hours, then follow up by contacting
PSECU at (800) 237-7328 the next business day.
ACH and SST - Contact PSECU at (800) 237-7328 (nahonwid@) or
(717) 234.8484 (in Harrisburg).
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106-7013
PSECU Business Hours
7:00 a.m. - 5.00 p.m. M - F
8:00 a.m. - Noon Saturday
TDD (800) 472-1967 Nationwide
(717) 777-2100 r Harrisburg
3. Financial Institution's Business Days
MAC, ACH and SST - PSECU's Business Days are Monday :rrft n F :lay
Holidays not included.
4. Types of Electronic Transfers a Consumer May Make
MAC - Balance inquiries on checking, savings and PSI-; w'ndrawals trorr
checkingisavings; cash advance from PSL: deposits to checking;sa%trgs, 1
purchase goods and services at any accepting retail estabi shmeri:
ACH - Preauthorized debits and credits to checking and savings
' SST -Balance inquiries and transaction hisrcr'es on all share. certificate and I
loan accounts; transfers from any share to another share or loan account from
your PSL to any share or loan account withdrawals from any share except IRA
shares or certificates. i
5. Any Charges for Electronic Funds Transfers or for the flight to Make
Transfers
hfAC - F`tty cents'c:r each c,..-..,.. serer, t.<rs^ w i:a^ e cr ,v.? s ,
S20; f f'y cer.'.s for each :ansactk- war per mon., a-a :f co c a
charge on each balance rgc;ry.
ACH - S20 service charge for insufficient 'Lnds for each eiectronic rinser.
SST - none
j 6. Summary of Consumer's Right to Receive Documentation of EFT's
AfAC - You are entitled to receive a printed receipt at the time of each
transaction. You will receive a monthly statement showing the s!atus of your
account, any transactions made during the month, and any penalties o' 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.
It you have arranged to have a direct depose 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.
j 7. Stop Payment Rights • Pre-authorized transfers
i MAC and SST - Not applicable.
ACH - Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop any
of these payments. Here's how: Call us at (800) 237-7328 (Nationwide) or
(717) 234-8484 (Harrisburg) or wipe us at: Pennsylvania State Employees Credit
Union, P.O. Box 67013, Harrisburg, PA 17'06-7013, 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 Emits that you i
set.
• Liability for Failure to Stop Payment of Presuthorized Transfers. If you order
us to stop one of these payments three business days or more before the !
transfer is scheduled, and we act not do so. we will be liable for your losses or
damages, unless we request and do not receive written confirmation of an oral
stop payment within 14 days and the trar sfer takes place after 14 days, or you
fail to give us proper instructions that would enable us to place the stop on the
transfer.
8. Summary of the Financial Institution's Failure to Make or Stop Certain
Transfers
• MAC - it PSECU fails to complete a transaction on tame or in the correct amount,
when properly instructed by you, PSECU will be liable for damages caused by
our failure unless: (1) there are insufficient funds in your account to complete the
transfer; (2) the funds in your account are uncollected; (3) the tunas are subject
to legal process; (4) the transaction you request would exceed the funds In your
account plus any available overdraft protection; (5) the Money Access Center,
PLUS system or HONOR ATM has insuffident 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 Money Access Center, PLUS
System or HONOR ATM; (9) the failure was caused by an act of God, fire, or
other catastrophe, or by any other cause beyond control; (10) tl you attempt to
complete a transaction that, at a Money Access Center, PLUS System or
HONOR ATM, or merchant terminal that is not a permissibia transaction listed
above; or, (11) the transaction would exceed the security limitations on the use
of your Money Access Card.
• ACHand SST- If PSECU fails to complete a transaction or time or in the correct
amount, when properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (1) there are insufficient funds in your-account to
complete the transfer; (2) the funds in your account are uncollected (3) the funds j
are subject to legal process; (4) the transaction you request would exceed the
funds in your account plus any available overdraft credit; (5) PSECU has reason "
to believe that the transaction requested is unauthorized; (6) the failure was
caused by an act of God, fire, or other catastrophe, or by another cause beyond
control. In any case, PSECU shall be liable for actual proven damages if the
failure to make the transaction resulted from a bona fide aror despite PSECUs
procedures to avoid sach errors
9. Disclosure to Third Parties
MAC, ACH and SST - PSECLI will d=sciase rrformstion about vou- account to
third parties: (1) when it is necessary to ccrnpiete transactions; (2) to verity the
existence and standing 0f your account w in PSECU upon request of third party,
such as a credit bureau (3) to comply •with governrrent agancy or court 0-den5i:
(4) in accordance with your written permiss.or; ii) to comp;y win gevernmant Or
administrative agency summonses, subpoenas, or court orders: (c! cn receipt of
certification from a Feeera! Agency o- department tnat a request for information
is in compliance with the Right to Financ ?l Privacy Act of 1978, ar,d (7) when it
is necessary to taKe legal action to recov-w shares.
i Etec?rorli?_?tll1.?$.-?.Can?je?Ms(?_ggr?emgnt T?d_.,Regul<?ti.Qn_°E" Disc1osirre
(continued)
10. MONEY ACCESS CENTER Services
41AC Only - You may use your 'HONEY ACCESS CA°.D v. ;r. your Personal
identification Number (PIN) a' MONEY ACCES S CEVERS focateo in Duia,&!re.
Maryland, New Jersey and Pernsy'van,a to corduct any of the following
transactions for the accounts accessed by your MONEY ACCESS CARD.
a) Determine the account baiance(sI of your Check.r.g your Rag- ar Shams
and your Personal Service Loan (PSLi
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 (coirs are not acceptable) for transmission
to PSECU for deposit in your Checking and your Regular Shares.
NOTE: There are limited locations in Maryland where deposits may be made
{ We wish to inform you that some MONEY ACCESS CENTERS located in these
{ areas may only provide access to your Checking, your Regular Shares, and your
Personal Service Loan. Not all MONEY ACCESS CENTERS may accept
deposits. There may also be limits on the amount of funds which you may
deposit in certain MONEY ACCESS CENTERS.
11. PLUS SYSTEM' Services
' MAC Only - You may use your MONEY ACCESS CARD with your Personal
Identification Number (PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico.
Canada, Great Britain and Jaoan to conduct any of the following transactions on
the accounts accessed by your MONEY ACCESS CARD.
a) Determine the account balance(s) of your Checking, your Regular Shares,
and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the MONEY ACCESS CENTER services currently available through
the PLUS SYSTEM network. Other services may be offered in the future.
12. HONOR- System Services
' MAC Only . You may use your MONEY ACCESS CARD with your Personal
Identification Number (PIN) at any HONOR automated teller machine (HONOR
ATM) located throughout Florida and other areas where there are HONOR
ATMs. The following transactions may be done on me accounts accessed by
your MONEY ACCESS CARD.
a) Determine the account balance(s) of your Checking, your Regular Shares,
and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE! Deposits are not available through HONOR SYSTEM ATMs.
'
These are the MONEY ACCESS CENTER services currently available through
the HONOR SYSTEM network. Other services may be offered in the future.
13. Other ATM Network Access
' MAC Only- From time to time, PSECU may make arrangements with other ATM
networks to grant access to MONEY ACCESS CARDs. PSECU shall inform you
when such arrangements are made and describe the services that are available
to you. Any charges will also be described.
14. Purchase Transactions
MAC Only - You may use the MONEY ACCESS CARD to purchase goods and
services ("Purchase) at any retail establishment ("Merchant") where MONEY
ACCESS CARDS are accepted by such Merchant. The amount of all such
Purchases will be deducted from your Checking. When you make a Purchase
using the MONEY ACCESS CARD, you will be requesting PSECU to withdraw I
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 S500 per day from one or a combination of
your accounts by using a MONEY ACCESS CARD provided the furds are
available at a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System
ATM. In addition, you may wnhdraw'purchase up to S500 at point of sale
locations. PSECU reserves the right to reduce this daily limit at any time. In the I
event that your daily limit is less than $500, PSECU will advise you of the new
limitation. The day for withdrawal limits starts at 12 midnight each day and ends i
at 12 midnight the next day. For security purposes, there are also certain daily
limitations on the frequency of use of the MONEY ACCESS CARD. However,
these limitations are not revealed for security reasons. The Pennsylvania State j
Employees Credit Union is rot obliged to maintain such limitations.
You will be denied use of your MONEY ACCESS CARD if you exceed the daily
withdrawal)purchase limit, you do not have adequate funds available in your
account, do not enter the correct Personal Identificat on Number (PIN), or
exceed the frequercy of usage Iimita*.lon. The receipt provided by the MONEY
ACCESS CENTER, PLUS SYSTEM, or HONOR System ATM, or Merchant
terminal wilt notjFy you of the denial. There is a I.md on the nurnber of such
denials permitted At!emots t excae_ the ,,,)t result r, machin=e rate^.ticn of
our MONEY ACCESS CARD The number f t n,,., _Fu t r rr....Ch na
retention is not re=vealed for Ser..ur`iy pun: r)-,,
16. Error Resolution Procedures
AfAC, ACH and SST - In case of er ors or c,_eshons aoo:a y? .r tra sa;c'ors:
Direct inquiries to PSECU at (800; 237-'32 Naec,rr;.Je. TX) till; 17?-'GS?
nationwide, (717) 777.2100 n Harristwg or vv,l:o PSECU d. Pe^nsy aria
State Employees Credit Unior, P.O. BoA iii Gt 3. Har- snurg, PA1 ; f r 6.7 013, as
soon as you can if you think your ;:aterrer; or recett5t s v.rong, or if you need
more information about a transacv,vn listed o the s,a'emar; or re?;c,Cl. P S ECU
must gear from you no later than 60 days after it sent you the first s:a*&r ant on
which the prob-em or error appeared. You rn.!st provide the foilov,inq .r`crmaticn,
(a) Your name, account number, and MONEY ACCESS CARD nu-rber A a MAC
transaction), or reference number (if Se.I-Sorvice Telephone Transactior;: (bi
Describe the error or the transaction you are un_ure about, ar:d expiarn as
clearly as you can why you believe it is an error or wny you need the information,
and; (c) The dollar amount of the suspected error.
If you tell PSECU orally, you must send your complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for MONEY ACCESS CENTER, PLUS SYSTEM,
HONOR SYSTEM, SELF-SERVICE TELEPHON=, or DIRECT DEBIT/CREDIT
TRANSACTIONS, or 20 days for MONEY ACCESS CENTER purchase
transactions. If we need more time, however, we may take up to 45 days for
MONEY ACCESS CENTER, PLUS SYSTEM. HONOR SYSTEM, SELF-
SERVICE TELEPHONE, or DIRECT DEBITCREDIT TRANSACTIONS or 90
days for MONEY ACCESS CENTER purchase transactions. It PSECU decides
to do this, it Ml! recredit your account within t 0 business days for the amount you
think is in error if it is a MONEY ACCESS CENTER, PLUS SYSTEM, HONOR
SYSTEM, SELF-SERVICE TELEPHONE, cr DIRECT DEBIT!CREDIT
transaction, or 20 business days if Zs a MONEY ACCESS CENTER purchase
transaction. You will have the use of the money during the tirre it takes to
complete the investigation. If PSECU does not receive your complaint or
question in writing within 10 business days, PSECU may not recredit your
account. If PSECU decides there is no error, you will be advised within three
business days after the investigation is completed. You may ask for copies of the
documents PSECU used in the investigation. If PSECU credits your account
while investigating, you must repay those funds it PSECU concludes no error
has occurred.
Notice To Consumers Using ATM's
' Be alert to your surroundings. It you doubt the safety of a particular location,
choose another ATM.
If the ATM has an entry door, close the door prior to initiating your transaction.
Put your cash away immediately.
Direct complaints concerning ATM security to an appropriate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking at (609) 292.7272
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE
'I
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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Exhibit "C"
i e } ? 1,
ADVANCE PROCEEDS VOUCHER
AND SECURITY AGREEMENT
PSECO
the financial IinkTM
el 00'
Z??j
Pennsylvania State
Employees Credit Union
P. O. Box 67013
Harrisburg, PA 17106-7013
(717) 234-8484
(800) 237-7328
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MICHAEL D CRAIG 05/20/2004 0003804430
PURPOSE:
237 W KING ST APT I MEMBER OWNED AUTO
SHIPPENSBURG PA 17257-1122
Type 1. ? NEW LOAN 2 ONCE 3. [:] (DOTHER HOME
ESCRIBE) 4. [:] EQUITY ADVANCE
IF TTHIIS 18 ASLISt CITY AOVRWCE, THE ONLYSC•CURITY FOR THIS ADVANCE 18 THE RFAL PROPERTY (IN MOST CASES YOUR NOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT
FTHIS E NOTANDW EQUITYADVIME IN ADDI TION TO THE PLEDGE OF SHARES IN YOUR LOANLINER• CREDITAGREEM ,, THE FOLLOWING PROPERTY SECURES Tm AOoAE
1.
3. CADIT LAC SEVILLE SLS 1994 1G6KS52Y9RU840533 CPE 7,075.00
2
4. OTHER
YOU PLEDGE SNARES AND IOR DEPOSITS OF $ IN ACCOUNT NUMBER
OLD ACCOUNTILOVNI NUIMER PAYOFF PRINC. + OLD ACCOUNTA DAN NUMBER PAYOFF PRIM + INT OLD ACCOUMOAN NUMBER C PAYOFF RINC. +INT
OLD ACCOUNTAAAN NUMBER PAYOFF lpRwa + iNT) OLD ACCOuNTA OAN NumBER PAYOFF (PRINC. INT OLD ACCOUNTILCAN NUMBER AAYOFP NC.+INL
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
wx secure the advance and any other advances you have now or receive in the future under the LOANLINER' Credit and Security Agreement (the Phan) 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.
®CftIA M& QNW,,19K 82, N. 89, 89, 9!,89. !008.2001. ALL INrM RE9M0
PSECU FORM C"75 JMOM100.1 037.2002.1 (4101)
SECURITY AGREEMENT
In this agreement all references to Credit Union, we, our, or us means Pennsylvania registration fees) due on the property.
State Employees Credit Union and anyone to whom the Credit Union assigns the Credit 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
mean the amount in the box labeled Amount Advanced. This is a multi-state document or insurance will be added to the unpaid balance of the advance and you will pay
which may be used to lend to borrowers in all states except Louisiana and Wisconsin, 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
1. THE SECURITY FOR THE LOAN - By signing this security agreement in the insurance. We may monitor our loans for the 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 known as a security or may engage others to do so. The insurance charge added to the advance may include
interest in the property described in the Security Offered section on the reverse side. (1) the insurance company's payments to us and (2) the cost of determining compliance
The security 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. The security interest also unpaid balance of the advance, we may increase your payments to pay the amount
includes any replacements for the property which you buy within 10 days of the added within the term of the insurance or approximate term of the advance.
advance or any extensions, renewals or refinancings of the advance. It also includes B. 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 insurance will not be liability insurance and will not satisfy any state financial
as security if asked to do so. responsibility or no fault laws.
2. WHAT THE SECURITY INTEREST COVERS - The security interest secures the 9. DEFAULT- You will be in default if you break any promise you make under this
advance and any extensions, renewals or refinancings of the advance. It 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 under the Plan and any other pledging property, but have not_signed the Plan, you will be in default if anyone is in
amounts or loans, including any credit card loan., you own 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
household goods as defined by the Federal Trade Commission Credit the Practices Rules 10. WHAT HAPPENS IF YOU ARE IN DEFAULT - The following paragraph applies
the property will secure only the advance and not other amounts you owe. to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine,
Massachusetts, Missouri, Nebraska, South Carolina and West Virginia: When you
3. OWNERSHIP OF THE PROPERTY - You promise that you own the property or are in default and after expiration of any right you have under applicable state law to
if this advance is to buy the property, you promise you will use the advance for that cure your default, we can require immediate payment of your outstanding balance
purpose. You promise that no one else has any interest in or claim against the under the Plan without giving you advance notice.
property that you have not already told us about. You promise not to sell or lease the The following paragraph applies to borrowers in all other states: When you are in
oroperty or to use it as security for a loan with another creditor until the advance is
-epaid. You promise you will allow no other security interest or lien to attach to the default, we can require immediate payment (acceleration) of what you owe under the
-roperty either by your actions or by operation of loan. 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
:/aims of others: If asked to do so, you promise to sign a financing statement You judicial process if this can be done without breach of the peace. If we ask, you promise
.Iso promise to do whatever else we think is necessary to protect our security interest to deliver the property at a time and place we choose. We will not be responsible for
i the property. You promise to pay all costs, including but not limited to any attorney any other property not covered by this agreement that you leave inside the property
,es, we incur in protecting our security interest and rights in the property, to the it
or . that is attached to the property, We will try to return that property to you or make
xtent permitted by applicable law. it available to you to claim.
. OF USE PROPERTY- Until the advance has been paid off, you promise you will: After we have possession of the property, we can sell it and apply the money to any
f) Use the property carefully and keep it in good repair. (2) Obtain our ww?r o amounts you owe us. We will give you notice of any public sale or the date after which
1) Use th before making major changes to the property changing the address a private sale will be held. Our expenses for taking ermi or possession of and selling the
there the property is kept. (3) Inform us in writing before changing your address. (4) Property will be deducted from the money received from the sale. Those costs may
Ilow us to inspect the property. (5) Promptly notify us if the property is damaged, include the cost of storing the property, preparing it for sale and attorney's fees to the
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 the sale money will be applied to what you owe under the Plan.
.
f7plies CO only when the box on reverse side is checked. g paragraph If you have agreed to pay the advance, you will also have to pay any amount that
remains unpaid after the sale money has been applied to the unpaid balance of the
OTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS advance and to what you owe under this agreement. You agree to pay interest on that
UBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD 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
fiTN 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 losing the ability to exercise our rights later We can enforce this agreement against
EREUNDE your heirs or legal representatives. If we change the terms of the Plan, you agree that
this agreement will continue to protect us.
PROPERTY INSURANCE, TAXES AND FEES - You must maintain property 12. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by
3urance on all property that you give as security under the Plan. You may purchase a court to be unenforceable, the rest will remain in effect.
property insurance from anyone you choose who is acceptable to the Credit Union. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE -
e amount and coverage of the property insurance must be acceptable to us. You THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO
iy provide the property insurance through a policy you already have, or through a REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL
licy you get and pay for. You promise to make the insurance policy payable to us AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU
J to deliver the policy or proof of coverage to us if asked to do so.
MAY HAVE TO PAY THE DIFFERENCE.
rob cancel your insurance and get a refund, we have a right to the refund. If the 14. NOTICE FOR ARIZONA OW14ERS OF PROPERTY - It is unlawful for you to fail to
)perty is lost or damaged, we can use the insurance settlement to repair the return a motor vehicle that is subject to a security interest, within thirty days after you
)perty or apply it towards what you owe. You authorize us to endorse any draft or have received notice of default. The notice will be mailed to the address you gave us. It
Eck Which may be payable to you in order for us to collect any refund or benefits is your responsibility to notify us if your address changes. The maximum penalty for
under your insurance policy. You also promise to pay all taxes and fees (like unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.
THE PROPERTY UESCftiPTION fIN TRP rP1/r DCG Clnf: fC QSr.- nr rr`
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Pennsylvania State Employees Credit Union
Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • 717.234.8484 • 800.237.7328
Mailing Address: P.O. Box 67013, Harrisburg, PA 17106-7013 • 71 7.777.2100 (TDD) • 800.472.1967 (TDD)
.I_.:...._I (--.J:• I I_:__ AC_.._I !l___-._ - I --
Exhibit "D"
Pennsvivania State Emplovees Credit Union
PO £3ox 5'..9 o P••1 ,, tJ • (7r;'j 234 844t4 Harri>.`.urg, „,?,, '-3 i
PSECO
thefrnanciailink-. Loan Disclosures
This LOANLINER" Credit and Security Agreement. which includes the 'Truth in i the property insurance from anyone you choose who is acceptable to the Credit
j Lending Disclosures, will be referred to as the Plan. The Plan documents include Union. The amount and coverage of the property Irsurance must be acceptablo to
this Agreement and an Addendum. You, your and borrower mean any person who us, You may provide the property insurance throcg•; a policy you ai'eady have. or
signs the Plan. Credit Union, we, our and us mean PSECU or anyone to wncnr tie through a policy you get and pay fcr. Yoj promise to maKe the rn c rCe policy
Credit Union transfers its rights uncer the Plan payable to us and to deliver the oci cy o; pront of coverage to :s if n.,ked to do so
1. HOW THIS PLAN WORKS - ftus is an open-end, rnultr-teatured credit plan We if you cancel your insurance and get a refund we nave a right to the refund. If the
anticipate that, from time to time. you will borrow money (called -advances") under property is lost or damaged, we can use tho ;nsuranca settierient to repair the
.?e Plan. We are not required to make advances to you under the Plan and can property or apply it towards what you owe `rbt. authorize us to endorse any draft or
refuse a request for an advance at any time. The Addendum describes the I check which may be payable to you in order for us to collect any retard or berefas
i different types of credit (called'subaccounts-) available under the Plan. the current due under your insurance policy You also prcmrse to pay all taxes and tees (like
j interest rate for each subaccount expressed as a daily periodic rate and regis"lien fees) due on the property.
corresponding annual percentage rate and other charges. it may also have ether If you do not pay the taxes or fees on the property w ..en due or Keep I,, rsuratl, we
i terms and a schedule for determining the payment amounts. p ,, ;
i may pay these obligations, out we are riot raqu:rad to do so. Any money we spend
2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain ! for taxes, fees or insurance will be added to the unpaid balance of the advance and
subaocounts. It a credit limit is set for a subaccount, you promise not to exceed the you will pay interest on those amounts at the same rate you agreed to pay on the
established credit limit. If you exceed the credit limit, you promise to repay advance. We may receive payments in connection with the insurance item a
immediately the amount which exceeds the credit limit. company which provides the insurance. We may monitor our loans for the purpose
3. REPAYMENT --Ybu promise to repay all amounts you owe under the Plan plus of determining whether you and other borrowers have complied with the insurance
interest. Payments are due on the last day of the month unless we set a different date requirements of its loan agreements or may engage others to do so. Tne insurance
at the lime of an advance. It the Addendum has no payment schedule for a charged added to your advance may include (1) the insurance company's payments
subaccount, your payment will be determined at the time of each advance. Payments r to us and (2) the cost of determining compliance with the insurance requirements. if
must include any amount past due and any amount by which you have exceeded any i we add amounts for taxes, fees or insurance to the unpaid balance of your advance,
credit limit you have been given for a subaccount. You may repay all or part of what I we may increase your payments to pay the amount added within the term of the
you owe at any time without ary prepayment penalty. Even if you prepay, you will still insurance or approximate term of the advance
be required to make the regularly scheduled payments unless we agree in writing to S. NOTICE - if you do not purchase the required property insurance, the insurance
a change in the payment schedule. If you have a joint share draft account. you will be ( we may purchase and charge you for will covet only our interest in the property. The
responsible for paying all overdraft advances obtained by a joint holder of the snare insurance will not be liability insurance and will not satisfy any state financial
draft account. Payments will be applied in the order the Credit Union chooses. responsibility or no fault laws.
4. PLAN ACCESS - You can obtain credit advances in any manner authorized by 19. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional
us. If we allow you to use your ATM; Debit card to access the Plan, you may be liable i under the Plan. If you quality for and purchase the insurance from us, you authorize
for the unauthorized use of your ATMiDebit card. You will not be liable for us to add the insurance premiums monthly to your loan balance and charge you !
unauthorized use that occurs after you notify us, orally or in writing, of tha loss, theft, interest on the entire balance. if you elect cedit ,nsurance, your payments may
or possible unauthorized use. if you believe your ATMtDebit card has been lost or increase for the period of time necessary to repay your advance may be extended
stolen, immediately inform the Credit Union by calling or writing us at the telephone beyond the approximate term stated on the Addendum. The credit insurance rates
number or address that appears elsewhere in the Plan. If the card is used to obtain may change during the Plan. tf the rates change, we will provide any notices
advances directly from the Plan, your liability will not exceed $50. If the unauthorized required by applicable law.
withdrawal is from a share draft account, your liability is governed by the Regulation 10. PERIODIC STATEMENT - On a regular basis you will receive a statement
E disclosures you received at the time you received your ATWDebft card, even if the showing all transactions under the Plan during the period covered by the statement.
withdrawal results In an advance being made from your overdraft subaccount. Statements and notices will be sent to you at the most recent address you have
5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called given us in writing. Unless applicable law requires notice to each joint borrower,
a "finance charge" and begins on the date of each advance. A finance charge will be notice to any one of you will be notice to all.
computed separately for each separate balance under the Plan. To compute the 11. JOINT ACCOUNTS - if this is a joint account, each of you is individually and
finance charge, the unpaid balance for each day since your last payment (or since I jointly responsible for paying all amounts owed. That means we can enforce our rights
an advance if you have no? yet made a payment) is multiplied by the applicable daily ( under the Plan against any one of you individually or against all of you together. If you
periodic rate. The sum of these amounts is the finance charge owed. The balance i give us inconsistent instructionsrefuse to follow
used to compute the finance charge is the unpaid balance each day after payments , we can re your instructors. Unless our
I written policy requires all of you to sign tore an advance, each of you authorizes the i
and credits to that balance have been subtracted and any additions to the balance I other(s) to obtain advances indrvidua:ly and acrrees to repay advances made to the '
have been made. In addition to interest. we may charge other finance charges which other(s). Any joint accountholder may terrinate the Ran by giving us prior wr ttan
are disclosed on the Addendum. If the interest rate is a variable interest rate the i I
I notice. it any of you terminate the Plan. the Plan is terminated for all of you. You emain
Addendum exptains how the variable interest rate works. i liable individually and jointly for al! advances incLaec oetcre termfna-ion.
6. SECURITY -You pledge as security for the P'an all shares and dividends and, 11 if any, all deposits and interest in all joint and individual accounts you have with us 12. party, FEES AND may charge CHARGES you a - filing If fee give rfea security interest in certain types e i
now and in the future. If a specific dollar amount is pledged for an advance, we will s amount of f the fee will e disclosed t to ee you to at the t;ime our in you obtain the property If We so. me
freeze shares in that account to the extent of the outstanding balance for the also
I a fens s connection with th the Plan an advance. We may i
rn the i
advance. Otherwise, your pledged shares may be withdrawn unless you are in ' Addendum charge ar?I you will other be f added t to o your year loan t balance . unless Those fees aredisclosed
in in cash.
default. The following paragraph applies in all states except In Ohio, Rhode you pay tIsland and Massachusetts: We have a statutory lien on the shares and dividends 13. UPDATING CREDIT INFORMATION - Ycu promise that you will promptly give j
and, If any, the deposits and interest in all individual and joint accounts you have with us written notice if you move, change your name or employment, or It any other
us and may exercise our rights under the lien to the extent permitted by state law. information you provided to us changes. Upon our request you also agree to provide
(We are state Chartered it our name does not include the term "Federal Credit us updated financial information.
Union.") For all borrowers: The statutory lien and/or your pledge will allow us ; 14. DEFAULT - The following paragraph applies to borrowers in Idaho,
to apply the funds In your account(s) to what you owe when you are in default. Kansas, Maine and South Carolina: You wr ! be in default it you do rot mare a
The statutory lien and your pledge do not apply to any Individual Retirement payment of the amount required wrier it is cue. You will also be in default if we
Account or any other account that would lose spec:ai tax treatment under state or believe trio prospect of payment, performance :r realization on any property given
lederil law if given as security as security is significantly impaired.
Additiorai security is Ilia Pla„ may be requrr&d at rm, o arse of are. ydvance If a The following paragraph applies only to borrowers in Wisconsin Y vf!1 be in
subaccount identifies a type of property ien <,s -New Cars") y;)u must g`ve tat ! default if yoo fail to make a paymei: when 7ue .wo ti nrs durng a ? 2-mcnar j
type Of property as securely when you jet to auvanca „roer tnat sibaccoun" A period. You oil be in default it o eakirg any premise mace uncar ire P._ rnEt:enaay
subaccount name such as "Other Secured" rn3ans you must provide secwrty impairs your ability to repay ,vrat you owe cr r ater ally :-pass the :ord:tioi r: rue,
acceptable to us when you obtain an advance under that subaccount Property you or protection of or our right in ary property you grave ai secu ay.
give as security will secure all amounts owed under the Plan ano all other loans you ! The following paragraph applies only to borrowers in Iowa: Ycu ,%d; ne r cetault
have with us now or in the future, except any Joan secured by your principal pal avve fng
Property securing other loans you have with us may also secure the Plan I' You are more than 10 days late in making a p-tyre. arri. 'ou w.b also be :n default if
I
you do rot comply with the terrrs of the Plan and your failure to cornoiy materlaliy
7. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property ;impairs any property you gave as secu try o. i-our a:ni ty to repay ores:t you owe
insurance on all property that you give as security under the Plan. You may purchase under the Plan.
J CUNA MUTUAL GAGUF'.'S3C. 82, 34. $5. 98. 99 C3. P, -S R xF
- - ---- - --- -------- - ---------- -
I LOANLINER' Credit and _qLttK Credit Agreement (continued)
The following paragraph applies to borrowers in all other states You ,+ t -
default 4 you do not make a payment of •e arnuu ,t requireri :vl'. it IS ill:e
be in default it you break any promise you made under tie Plan or if anycna :5 in
default under any security agreement made in c rn •c,ion w th an acvanre urrer
the Plan. You will ba in de42ult if you 6e i fir ba err .picy r gco-e r ob:c: t 'r yob.
make any false or misleading statemarns m ary cr_cia applicatior or update of i edit
in'ormafion, or if sorretri g oappens ve be e e :ray s;.b •tar t y red,.:;e :i:Ur
ability to repay what you owe You w it be, :n oiz-tat:"t tinder the PIA'! .1 y ; .i a-e. :r
default under any other loan agreement with us.
15. ACtIONS AFTER DEFAULT - The following paragraph applies to
borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine,
Massachusetts, Missouri, Nebraska, West Virginia and South Carolina; WhEr
you are in default and after expiration of any right you have under app'.icabie state
lag to cure your default, we can demand immediate payment of the entire unpaid
balance under the Plan without giving you advance notice.
i The following paragraph applies to borrowers in all other states except,
I Wisconsin and Louisiana: When you are in default, we can require immediate
payment (acceleration) of the entire unpaid balance under the Plan. You waive any
right you have to demand for payment, notice of intent to accelerate and notice of
acceleration.
The following paragraphs apply to borrowers in all states except, Wisconsin
and Louisiana: If immediate payment is demanded, you will continue to pay interest
until what you owe has been repaid, at the applicable interest rates in effect unless
a default rate Is disclosed on the Addendum. If a demand for immediate payment
has been made, the shares and deposits given as security for the Plan can be
applied toward what you owe. We can also exercise any other rights given by law
when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security for an advance under the Plan without judicial process If this can be done
without breach of the peace. If we ask, you promise to deliver the property at a time
and place we choose. We will not be responsible for any other property, riot covered
by this Agreement, that you leave inside the property or that is attached to the
property. We will try to return that property to you or make it available to you to claim
After we have possession of the property, we can sell it and apply the money to any
amounts you owe us. We will give you notice of any public safe or the date aher
which a private sale will be held. Our expenses for taking possession of and selling
the property will be deducted from the money received from the sale. Those costs
may include the cost of storing the property, preparing it for sale and attorney's fees
to the extent permitted under state taw or awarded under the Bankruptcy Code. The
rest of the sale money will be applied to what you owe under the Plan,
You will also have to pay any amount that remains unpaid after the sale money has
been applied to any unpaid balance under the Plan. You agree to pay interest on that
amount at the same rate as the advance, or, if applicable, at the default rate
disclosed on the Addendum, until that amount has been paid.
The following paragraph applies only to Wisconsin borrowers: When you are in
default and after expiration of any right you have under applicable state law to cure
your default, we may require immediate payment of your outstanding loan balance
under the Plan and seek possession of the property given as security. You may
voluntarily give the property to us if you choose, or we may seek to take possession
of the property by judicial process. If we repossess the property, you agree to pay
reasonable expenses incurred in disposing of the property. If the property is a motor
vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required
to pay any costs permitted by Section 422.413 of the Wisconsin Statutes.
The following paragraph applies only to Louisiana borrowers: When you are in
default, we can require immediate payment (acceleration) of the entire unpaid
balance under the Plan. You waive any right you have to demand for payment, notice
of intent to accelerate and notice of acceleration. It immediate payment is
demanded, you will continue to pay interest until what you owe has been repaid at
the applicable interest rates in effect unless a default rate is disclosed on the
Addendum. If a demand for immediate payment has been made, the shares and
deposits given as security for the Plan can be applied toward what you owe. We can
also exercise arty other rights given by law when you are in default and our rights
under any security agreements you have with us. iI
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 wilt, Secnor. 422.4', 5
of the Wisconsin Statutes Ycu wdl or- norfiad of r^.y dhange in terms. An increase
in the daily periodic rate under a variable 'ate interest rate is riot cunsidered a
change in terms under the Plan.
We can cancel the entire Plan or any par, of the Plan at any time. You may cancer
the Plan at any time by giving us prior written rrofice. Your obligation to pay the
unpaid balances under the terms of the Plan continues whether you or the credit
union cancel the Plan, except to the extent that your liability is limited by Section i
22.4155 of the Wisconsin Statutes. 1
The following paragraph applies only to borrowers in Iowa: We can change the i
terms of the Plan from time to time after giving you any advance notice re
law, A change that increases the rate of f;nance charge or other cha
increases the amount of your payments. or tnat otherwise adversely affect
balances wit app y to exiSi j IJ ' o. ire a r. Or you
the Plain alter fe alvnq yo Jt F F: it ut]ree vv?
change applies to existing b -.iannes.
The following paragraph applies to borrowers in all other states: :%e h ve the
right Io,-haage the terms of !he Piar tr,r•, rmc to :roe a". er gr,atc ycu a,ry advt;nre
notice +equirrd bi aw..Ary ch ;ngo t a .rifer ,t , r,ro , !c r ar nrcp.
and at our discretior, and - ?jb:ect tt, any r,pgr,• err_n:; „ ,tilt,-c .,.., .,...v. ,. ;I also
apply to Jripiid ba;ances.
The following paragraph applies to all borrowers other than Wisconsin
borrowers: An increase in the daily periodic rate under a variabie Interest rata is not
considered a change in terris under the Plan.,Ae can cancel !-e enfre Plan or any
par- of the Plan at any time. You can cancel tre Plan at any time. Your eoitgat on to
pay the unpaid balances under the terms of the Plan continues wherher you or the
Credit Union cancel the Pian
17. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can
delay enforcing any of our rights under this Pian any number of times without losing
the ability to exercise our rights later. We can enforce this Plan against your hei;s or
legal representatives. If we change the terms of the Plan, you agree that this Plan
will continue to protect us.
18. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a
court to be unenforceable, the rest will remain in effect.
19. NOTICE TO UTAH BORROWERS - This written agreement is a final
expression of the agreement between you and the Credit Union, This written
agreement may not be contradicted by evidence of any oral agreement.
20. THE SECURITY FOR THE LOAN - You give us what is known, as a security
interest in alf property described in any receipt, voucher or other document you
receive for an Advance ('the Advance"). The security interest you give includes all
accessions. Accessions are things which are attached to or installed in the
property now or in the future. The security interest also irciudes 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 or, the property. if the value
of the property declines, you promise to giva 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. renewa:s 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 loars, including any credit card loan, you
owe us for any reason now or in the future, except any loan secured by your principal
residence. If the property is household goads as defined by the Federal Trade
Commission Credit Practices Rule, the property will secure only the Advance and
not other amounts you awe.
22. OWNERSHIP OF THE PROPERTY -You promise that you own the property or
if the Advance is to buy the property, you promise you will use the Advance for that
purpose. You promise that no one also has any interest in or claim against the
property that you have not already told us about. You promise not to self or lease the
property or to use it as security for a loan with another creditor unlit the Advance is
repaid. You promise you will allow no other security interest or fien to attach to the
property either by your actions or by operation of law.
23. PROTECTING THE SECURITY INTEREST - If your state issues a title for the
property, you promise to have our security interest shown on the title. We may have
to file what is celled a financing statement to protect our security interest from the
claims of others. If asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think s necessary to protect our security
interest in the property.'bu promise to pay all costs, including but not limited to arty
attorney fees, we incur in protecting our security interests and rights in the property,
to the extent permitted by applicable law.
24. USE OF PROPERTY - Until the Advance has been paid off, you promise you
will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written
permission before making major changes to the property or changing the address
where the property is kept. (3) Inform us in writing before charging your address. (4)
Allow us to inspect the property. (5) Promptly notify us if the property is damaged,
stolen or abused (5) 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 l
TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED ;N i
THAT SALE, YOU MAY HAVE TO PAY THE D'FFERENCE.
26. VERMONT NOTICE TO CO-SIGNER -- YOUR SIGNATURE ON
THIS NOTE MEANSTHATYOU ARE EQUALLY LIABLE FOR i
REPAYMENT OF THIS LOAN. IF THE BORROWER DOES
NOT PAY,THE LENDER HAS A LEGAL RIGHTTO COLLECT
FROM YOU. I
27. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to i
fail to return a motor vehicle that is subject to a security interest. within thirty days I
after you have received notice of default. The notice wilt be mailed to the address
It is your responsibility to notify us it your address changes. The
aity for unlawful failure to return a motor :ehicie is one year :n prison
$15Q.000
quired by I you gave us.
rge. that maximum oen
s existing arcUor a fine o
of
This notice contains important infrrrnafion about your r',ghts and our respons;bilities
under the Fair Credit Bitting Act. You are advised to read your mor!Ny 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:( you need more information
about a transaction on your statement, write us on a separate sheet at the address
fisted on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your s:aterrert 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 resporsibility for
payment or reimbursement to us for any such error or discrepancy, or your account.
Write to us as soon as possible You oar: ielc-phone us.. but doing so will not
preserve your rights.
In your letter, give us the following information
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error
If you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct.
After we receive your letter. we cannot :ry 10 o01 ect 31-Y ar--3UP' ybLI CL'e5"On. or report
you as dBlinquernl. We car cor.?r*ue t5 SCnd stateI - e,tts to you icr tni arv.oinl you
question, ireudirg finance crarces. and .ve ca,, apply any unpa d rrrcunt agairs yo:r
credit 1 mit. You do not have to pay ary quesliohed amours wh;e we are invest aa,in_a,
but you are still obligated to pay no. parts of yc•ur SiaT6me.nt "n,;! IrE not i rat. F,St fir
it we find that we made a mistake or your st_ ernent. you wi'I not have :o pay ary
finance charges related to any questioned amount. If we oiar't make a ^-istake, you
may have to pay finance charges, and you will have to mane up any missed
payments on the questioned ;mount. In ?ith2r Casts. '.vc will surd you a statement
of the amount you owe and the date :hut it is d.je.
If you fad to pay the amount that we think you awe, we may report you as delinquent
However, it our explanation does riot satisfy you and you write to us within tan days
telling us that you still refuse to pay, we rnust tell anyone we report you to :nat you
nave a question about your statement- And. ve must tell you the name of anyone
we reported you to. We must tell anyone we raaort you to that tl'e metier has been
settled between us when it finally is.
If we don't follow these rules, we cant ccliect the first $50 of the questiored 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 t
limitations on this right: (a) You must have made the purchase in your home state or.
it not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than W.
These limitations do not apply if we own or operate the merchant, or if we mailed !
you the advertisement for the property or services.
In this Agreement, the words you and your means each and all of those who apply
for the card or who signs this Agreement. Card means the VISA Credit Card and any
duplicates and renewals we Issue. Account means your VISA Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY- It we issue you a card, you agree to repay all debts and the
Finance Charge arising from the use of the card and the card account. For example,
you are responsible for charges made by yourself, your spouse and minor children.
You are also responsible for charges made by anyone else to whom you give the
card, and this responsibility continues until the card is recovered. You cannot disclaim
responsibility by notifying us, but we will dose the account for new transactions it you
so request and return all cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or other court judgment to which we are
not a party may direct you or one of the other persons responsible to pay the account.
2 LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (717) 234.8484 or (800) 237-7328. After
trouts call (800) 558.5678.
9. LIABILITY FOR UNAUTHORIZED USE -- You agree to notify us immediately,
orally or in writing of the loss, thaft or unauthorized use of your Credit Card. You may
be liable for the unauthorized use of your Credit Card. You will not be liable for
unauthorized use that occurs after you notify us of the loss, theft, or possible
unauthorized use. You will have no liability for unauthorized purchases made with
your Credit Card, unless you are grossly negligent in the handling of your Card. In
any case, your liability will not exceed $50.
4. CREDIT LINE - It we approve your application, we will establish a self-
replenishing Una 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 Una by the amount of the
payment which is applied to the principal. Ybu may request an Increase in your Credit
Une only by written application to us, which must be approved by our credit committee
or loan officer. By giving you written notice we may reduce your Credit Una from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us, or our adverse reevaluation of your creditworthiness. You may also terminate this
Agreement at any time, but termination by either of us does not affect your obligation
to pay the account balance. The cards remain our property and you must recover and
surrender to us all cards upon our request and upon termination of this Agreement.
5. CREDIT INFORMATION - You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current transactions on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances, the Totai New Balance, the Finance Charge due to date..
and any other billed fees, and the Minimum Payment required. Every month you must pay
at least the Minimum Payment within 25 days cl yocr statement closing date. By separate
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, of Course, pay more frequently, pay more
than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line balance
owed, we will automaticalry post the credit to your S1 shares.
The minimum payment will be (a) 2% of your Tota! 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 tollowino manner: first to previous late fees.
then to previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases. We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the Diking cycle
by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Daily Balance for Purchases - The Average Daily Balance ter Purchase
Transactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (ail amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daily Balance for purchases.
Average D&7y Balance for Cash Advances - Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subject to the
Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions
is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and than dividing by the number of days in the billing cycle. To calculate the Daily
Balance for cash each day, we take the followrnc steps: We take the outstanding balance
(all amounts you owe) at the start of the day. 7-)en, in the sequence in which amounts
are posted to your account, we add the amounts of all debits and subtract the amounts
of all credits or payments which post to your account that day. After applying payments
and credits, we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
account on that day or in any previous day in -fa oiling cycle. This gives us the Daily
Balance for Cash Advance Transactions. Note: :ash Advances are always subject to
finance charges and from the day they are posted to your account.
Payments are applied in Me foUow;ng manner: first to orevious late fees. then tc
previous cash advances finance charges, then to previous purchase fir.ar.ce
charges, then to current late fees, then to prev ous cash advance balances. ther to
previous purchase balances in the order that they were oested to your account, then
to current cash advarce balances. and men to current purchase balances. Credits
are applied first to the particular ype of debt vinich is being credited, if any, and then
to the balance of your account.
Note also that If the total of the payments ina credits wri i.h are posted to your
t b 4h Payrneru Oue Date s;hcwn or, a statement is equal to cr exceeds :he
I accoun y e
V-
VISA'r Credit Card Agreement and Truth try Lending Disclosure (continued)
New Balance shown: on the: ..,a.E.mc.' . •, . ! .;pp r rte .'>L',r f r end;. F i!.
to your Account on yu.ur next statement.
8. DEFAULT - You will be !n defa_, t :f you tail `.;s make any M r,m.,m P ;rnr-.-f
w=thin 25 days after your monthly sta:vmenl cic5,nQ date. You dutl,ut?Ze ;i5 h; 1`iris er
funds sufficient to make the minimum payment flue 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 ,f 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 cur security
interest materially declines. We have the right to demand immediate payment of your
full account balance if you default, subject to our giving you any notice required by
law. To the extent permitted by law, you will also be required to pay our collection
expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alterative 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 c.r
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 he
card in an Automated Teller Machine or other hype of electronic terminal that provides
access to the VISA system. You agree that you will not use your card for any
transaction that is illegal under applicable federal, state, or local law. The monthly
statement will identify the merchant, electronic terminal or financial institution at which
transactions were made, but sale, cash advance, credit or other slips cannot be
returned with the statement. You will retain a copy of such slips furnished at the time
of the transaction in order to verity the monthly statement. The Credit Union may make
a reasonable charge for photocopies of slips you may request.
10. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a credit
slip which we will post to your VISA line of credit. If your credit and payments exceed
what you owe us, we will automatically post the excess credit balance to your St
Shares within 75 days If the balance is one dollar or more, upon your written request,
we will refund the credit balance to you.
11. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign
currencies will be blued to you in U.S. dollars. The conversion rate to dollars will be
made in accordance with the operating regulations fcr international transactions
established by VISA U.S.A., Inc.
12. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any
plan merchant or financial institution to honor your card. We are subject to claims and
ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in
consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we,
our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the
following terms and conditions. You agree that the use of your ATM card(s)
constitutes acceptance of the terms . and conditions of this Agreement You
understand that ATM is a credit-related service and you authorize PSECU to obtain
a credit report on any users of this account.
1. ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including
Checking and Regular Shares), which we set forth on your application form with this
Agreement. You hereby request that we issue to you one or more ATM 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 SYSTEMS0 ATM to (1)
withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from
your account. (4) receive information regarding the balance in your account(s) or (5
make cash advances from your credit account(s) in the amounts you request. You may
also use automated teller machines throughout the United States and in certain
foreign countries which bear the PLUS SYSTEMO name and logo (1) to make
withdrawals from, (2) effect transfers to or from, (3) receive information regarding the
i 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
j understand you may use the ATM CARD to purchase goods and services
('Purchase`) at any retail establishment ("Merchant) where ATM CARDS are
j accepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain
cash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the
amount of such Purchase (including any cash received from the Merchant) from your
Checking Shares and directing or ordering us to pay such funds to the Merchant.
You request that we will provide to you such other services or access to other ATM
systems or networks using the ATM CARD which we may later make available and
which we advise you are offered in connection with your account(s) set forth on your
application form. You also understand that from time to time you may request in
writing that we provide access to additional accounts of yours through the ATM
CARD we have issued to you. You agree that the uses of the ATM CARD described
in this Agreement shall be subject to the rules and regulations -It each account
which is accessed by such Card.
2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD
`rbu 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 nemal letter You
acknowledge that the Personal loentrtcation Number or rIN which you use `A'ith the
ATM CARD is your signature, ident!hes the bearer of the Card to file STAFi
SYSTEMS ATM. PLUS SYSTEM ATM, or other netwvrK ATM and autnew Cates ano
validates the directions given just as your actual signature and other prof iden0y
de!6nsr. frl^;E;rt .a t. ::4 ... ?. ,a "17 .r:fL E5 f;Fs3 ,
the earl only if yo., e mFdf <a _ n'):l .. _tt•_ cut 7--ve tn.er 3,, rc , utar•,
Sa!:S'Rctir?n Ircm frf plan r'1_ .rIa 1. -::'S :loll.. ,.W .:iSc .rd5 rra„c -?spcrsp -7)
an adve'Goement ire sent 0 flnf ir, ie'ldirci yG'.j nr i?) yC ,J lf?;iSc ?:5:
more than $50 and was made fr:;rn a Gian refc ..tit i. yoL:r Stare or ivi'.n r, 10(i mriEs
Of ybL1t Q r E Any Ofher ifiSS!tf?c ynrj must `:=cr`I,tl h;r;,,r fly ttiih in,, plan c:,rchant
13. SECURITY INTEREST - To serure your ac c! tit, YOU grant us a pur,nase
money socurity interest under the Uniform C :.mm rcel Coee in any ;cods you
purchase through the account. 11 you .,efault, we wil nave fine rignt tc reecver any tit
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section Wmi respect to
this account only, we will not assert any stave:ory right v:e may tare f yrou are in
default to prevent withdrawal of your unpledged crc,:lit union snares 'Deposits)
below the unpaid balance of your account. However, it you give or lave yrvar us e
specific pledge of your credit union shares (Deposits) by signing the P,na:;e of
Shares or otherwise, or any other security nIerests for all your debts, your account
will be secured by your pledged shares iDepOSM) ano by the property escrined in
those other security agreements, except for yo?:r h:;me.
14. EFFECT OF AGREEMENT - This Agreement is the contract wn.ci. 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 agreemert to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as wan as to future transactions.
15. LATE PAYMENT CHARGE - If your Minimum Payment is not paid within 15
days after the Payment Due Date, you will be subject to a single charge of 5% of the
minimum scheduled payment.
16. RUSH FEES - You may incur additional charges for rush processing and rush
delivery of cards arWor PIN mailer.
17. DRAFT COPIES - You may incur an additional charge for transaction
summarylsale draft documentation.
18. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement.
19. ILLEGAL TRANSACTIONS PROHIBITED -You agree that you wil! not use your
card for any transaction that is Illegal under applicable federal, state, or local law.
20. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 13 months of no activity.
21. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity.
you and authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts the ATM CARD for a Purchase
transaction may have an electronic terminal (Merchant operated or Self-Service)
which requires the use of your PIN and when your PIN is used at a Merchant's
terminal, it will authenticate and validate the airections given just as your actual
signature will authenticate and validate your directions giver to us. You acknowledge
that your PIN Is an Identification code that is personal and confidential and that the
use of the PIN with the ATM CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS - You agree to contact us
at once if you believe the ATM CARD(s) issued to you or PIN has been ost or stolen
or money is missing from your account(s). You also agree that if your monthly
statement shows transactions which you did not make, and you do not contact us
within 60 days after the statement was mailed to you, you may not get any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(S) BY
j THEM. You could lose all your money in the accourittsl if you take no action tc notify
PSECU of the loss of your ATM CARD o• FIN. Safeguard yeur Personal
Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do
I not write your PIN on your ATM CARD. Do not Keap a written record of your PIN ,^esr
your ATM CARD. Do not choose a PIN that is easily identifiable.
A new card may be ordered for you at that trie aria a "hold° wili oe placed on your
old card. After such time, if you find your aid card. destroy the old card by cutting it
in haft. If you attempt to use your aid card, it will not work.
4. CHARGES - You agree to pay a 50 can,, charge for each deposit or wtharawal
i 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 Automatdd Tetter machine (ATM). You acres
to pay the charges or transaction fees which are changed ^y us to tneE?e ser'Ices
or for services which may later be offered as sucrl fees or cnargi s 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 beloie we rr,ake t:ne money avaiahte
to you. If you oeliver cash. checks or other :ten-s to a STAR SYSTEMS ATM you
understara and acknowledge that the t::nds frog; ;our do-usit may rot bo avw..aoie
'or immediate withdrawal and that me availae;iity J' y .u de ;os!t s •aiI dcper:d or our
uies and regulations rr>garding the pa-ucular co n :•:hich c air -...;+1; a
Eleotronrq Funds TianSter,_ATM.Agreement and_Regulatlo.n "E Disclosure.
(continued)
deposit, the items that you are depnsl:rnq a.-d v.rether tt:c deposit :5 made at c
STAR SYSTEMS ATM that is owned by us or arctrer financiel :nsntction. You aiso
understand and acknowiedge that not all STAR SYSTEMS ATMS ml!y accept
deposits and some STAR SYSTEMS ATMS may lirm;l the amount of !un(!s wi. ch
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM CARD is issued for a tint account. you agree ti oe
jointly and severally liable under the terms of this Agreement and the agreement for
such account. You agree that if you make deposits or payments to your accour,tis)
with items other than cash ichecks, drifts or other items) and we make funds
available to you from such deposits prior to Heir collection, you agree that we may
deduct the amounts of such funds from your accountfs; which are nGt collected or.
if the funds in your account(s) are insufficiert at such tirne, 7ou will pronlpt'y pay to
us any amount of such funds which are not collectod.
7. AMENDMENT OF THIS AGREEMENT - You agree that from time to time we
may amend or change the terms of this agreemert including amendments or
changes to add further ATM CARD services or to amend or change the charges for
these services. We may do so by notifying you In writing of such amendments or
changes and your use of the ATM CARD after the effective date of any such
amendment or change shall constitute your acceptance of and agreement to such
amendment or change.
8. OWNERSHIP - You agree that the ATM CARD is our property and you will
surrender it to us upon our request. You agree that the ATM CARD is non-
transferable.
9. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement
informing you of your rights under the Electronic Funds Transfer Act and a copy of
this Agreement.
REGULATION "E" DISCLOSURE
1. ELECTRONIC CHECK CONVERSIONIELECTRONIC RETURNED CHECK
FEES - If you pay for something with a check or share draft, you may authorize it
to be converted to an electronic fund transfer. You may also authorize merchants to
electronically debit your account for returned check fees. You are considered to have
authorized these electronic funds transfers it you complete the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may 5e
processed electronically or if you sign a written authorization.
2. SUMMARY OF CONSUMER LIABILITY -
• ATM, ACH and SST - Tell us at once if you believe your card has been lost
or stolen. Telephoning is the best way to keep your possible losses down. You could
lose all the money in your account plus your maximum overdraft fine of credit. If you
believe your card has been lost or stolen, and you tell us within two business days
after you learn of the loss or theft, you can lose no more than $50 if someone used
your card without your permission.
If you do not tell us within two business days after you learn of the loss or theft of
your card, and we can prove we could have stopped someone from using your card
without your permission if you had told us, you could lose as much as $500.
Also, it your statement shows transfers that you did not make, tell us at once. If
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have stopped someone from taking the money if you had told us in time.
If a good reason such as a long trip or a hospital stay kept you from telling us, we
will extend the time periods.
3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS -
• ATM - Contact PSECU at (800) 237.7328 EXT 3808 (nationwide) or (717)
234-8484 (in Harrisburg). After hours, follow the menu options on PSECU's
voice mail system to report a lost or stolen card. For VISA 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 Harrtsburg).
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106-7013
PSECU Business Hours:
&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 mrougn Fr,oay.
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 ::ny -,tr3 or lor. cco::r i"cl f7cm a c.x opt
IRA s! are: cr ruflcae>
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHTTO MAKE TRANSFERS -
• ATM - Fifty cents for each disourseme-I (casn aovance or ml, cmw !) less
tnan $20; filly cents for each transaeaoc over 15 per wicr,tn, L5 czni fir ea::n
balance inquiry; and there may, be an additional charge for any adiustrhert
that needs to be made to the account of any member woo ma3es an error
f while depositing at an Automated Teller macrine iATM,.
• ACH - $20 service charge for nsutricie-if funds for each elect chic transfer.
i
• SST - none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF i
EFT'S -
! ATM - You are entitled to receive a printed receipt at the time of each I
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 i
i your account, any transactions mace during the month, and any penalties or
charges PSECU may impose during the month.
• It you have arranged to have a direct deposit made to your account at least i
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 I
us in advance to make regular payments out of your account, you can stop I
any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide)
or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania Slate Employees
Credit Union, P.O. Box 67013. Harrisburg, PA 17106.7013, in time for us to
i 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 calf.
• 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
f limits that you set.
i
• Idebliify for Failure to Stop Payment of Preauthorized Transfers. if you
order us to stop one of these payments three business days or more before
the transfer is scheduled, and we do not do so, we will be liable for your losses
or damages, unless we request and do not receive written confirmation of an
oral stop payment within 14 days and the transfer takes place after 14 days,
or you fail to give us proper instructions that would enable us to place the stop
on the transfer.
9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAIN TRANSFERS -
• ATM - If PSECU fails to complete a transaction on time or in the correct
amount, when properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (1) there are insufficient funds in your account to
4 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; 15) the STAR
f Systems, PLUS system has insufficient cash to complete the transaction; (6)
your card has been reported lost or stolen and you are using the reported card;
(7) PSECU has reason to believe that the transaction requested is
unauthorized; (8) the failure is due to an equipment breakdown that you know
about when you started the transaction at the STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control; (10) if you attempt to complete a transaction that,
j at a STAR Systems, PLUS System, or merchant terminal that is not a i
permissible transaction listed above; or, (11) the transaction would exceed the j
security limitations on the use of your ATM CARD.
• ACH and SST - If PSECU fails to complete a transaction on time or in the
correct amount, when properly instructed by you. PSECU will be liable for
damages caused by our failure unless: .1 i there are insufficient funds in your
account to complete the transfer, (2) the funds in your account are
uncollected; (3) the funds are subject to legal process; (4) the transaU:on you i
request would exceed the furls in your account plus any available overdraft
credit; (5) PSECU has reason to oelieve that the transaction -equested is
,,nauthorized; (E) the failure was caused by an ac of Gcc, tire, or other
catastrophe, or by another ca-se beyond control. In any case, PSECU sha!I
oe liable only for actual proven anc net conseauertial damages if the failure
to make the transaction result d `rorr a bona fide error despde PSECU's
procedures to avoid Such errors.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST - PSECU will disclose information anout your account to
third parties: (1) when if is necessary to complete transactions; (2) to verify
the existence and standing of your account Ill PSECU upon request of third
party. such as acredit bureau: (3) to comply with government agency or court
Ejeetronlc-_Fr?n a Tra..nsfe_r,-ATh1..Agreement and_Regyfafion "'E'_Discl..o ure account, do nct enter !tie, cor;a.ct Farscnal inen;•catio., ',,r)bvr jP:W!, cr
(continued) exceed the freauE,ncy of usage limitai nn The receipt (•ar' or r, „ _ ;TAR '
orders; (4) in accordance w to your written permission; (5) to comply with
government or administrative agency summonses. suhooer.as, or court
orders; (6) on receipt of ceRificawn from a Federal Agency or department
that a request for information is in compliance with the Bight to Financial
Privacy Act of 1978; Regulation P. Privacy of Consumer Financial Information,
and (7) when it is necessary to take legal action to recover shares.
11. STAR SYSTEMS SERVICES -
• AYM Only - You may use your ATM CARD with your Personal Identification
Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New
Jersey and Pennsylvania to conduct any of the following transactions for the
accounts accessed by your ATM CARD.
a) Determine the account balance(s) cf your Checking your Regular
Shares, and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking ano your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL)_
d) Deposit currency, checks, or drafts (coins are not acceptable) for
transmission to PSECU for deposit in your Checking and your Regular
Shares.
NOTE: There are limited locations in Maryland where deposits may be made.
We wish to inform you that some ATMs located in these areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not all ATMs may accept deposits. There may also be limits on the amount of
funds which you may deposit in certain ATMs.
12. PLUS SYSTEM" SERVICES -
• ATM Only - You may use your ATM CARD with your Personal Identification
Number (PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico,
Canada, Great Britain and Japan to conduct any of the following transactions on
the accounts accessed by your ATM CARD,
a) Determine the account balance(s) of your Checking, your Regular
Shares, and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the STAR SYSTEMS services currently available through the PLUS
SYSTEM network. Other services may be offered in the future,
13. OTHER ATM NETWORK ACCESS -
• ATM Onty - From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM CARDS. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also be described.
14. PURCHASE TRANSACTIONS -
• ATM Only - You may use the ATM CARD to purchase goods and services
('Purchase') at any retail establishment ('Merchant') where ATM CARDS are
accepted by such Merchant. The amount of all such Purchases will be
deducted from your Checking. When you make a Purchase using the ATM
CARD, you will be requesting PSECU to withdraw funds from your Checking
in the amount of the Purchase and directing PSECU to pay these funds to
such Merchant.
15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
• ATM Only -You may withdraw up to 5500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMs or PLUS SYSTEM ATM. In addition, you may
withdraw/purchase up to $500 at point of sale locations. PSECU reserves the
right to reduce this daily limit at any time. In the event that your daily limit is
less than $500, PSECU will advise you of the new limitation. The day for
withdrawal limits starts at 12 midnight each day and ends at 12 midnight the
next day. For security purposes, there are also certain daily limitations on the
frequency of use of the ATM CARD. However, these limitabons are not
revealed for security reasons. The Pennsylvania State Emproyef=.s Credit
Union is not obliged to maintain such limitations
You will be denied use of your ATM CARD if you exceed the daily
withdrawalipurchase limit, if you do not have adequate funds available in your j
SYSTEMS or PLUS SYSTEM A.T1,1 or Nlerchan.* terming; will or•r ,, you of tna
denial. There is a limit on the number of sach denials permitted. Anemp:s to
exceed the limit v:ill result in macnlne rote^:ion of cot ATM CARD TI•e %; rater
of ntlempts that resell in machine relort;On is not retraiad 1!+r Str• i,,iv_
16. ERROR RESOLUTION PROCEDURES --
• ATM, ACH and SST - in case of ermcs or questions about your transact ors:
Direct inquiries to PSECU at (300) 2377328 Nationwide, TDD 1800) 472- !
1967 Nationwide, (717) 777-2100 u: Harrisburg, or write PSECU at: j
Penrsvlvania State Employees Credit Union. P.O. Box 67013, Harrisburg, PA i
17106-7013, as soon as you can +r ycu think your statement or receipt is
wrong, or if you need more information about a transaction listed on the
statement or receipt. PSECU must hear from you no later than 60 days after
it sent you the first statement on wh,cr the problem or error appeared. You
must provide the following information: (a) Your narne, account number, and
ATM CARD number (if a ATM transaction), or reference number (if Self-
Service Telephone Transaction); (b) Deacnbe the error or the transaction you i
are unsure about, and explain as clearly as you can why you believe a is an i
error or why you need the information, and; (c) The dollar amount of the j
suspected error.
If you tell PSECU orally, you must send your complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for STAR SYSTEMS, PLUS SYSTEM, . SELF-
SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20
days for STAR SYSTEMS purchase trarsactions. If we need more time,
however, we may take up to 45 days for STAR SYSTEMS, PLUS SYSTEM,
SELF-SERVICE TELEPHONE. or DIRECT DEBITICREDiT TRANSACTIONS or
i 90 days for STAR SYSTEMS purchase transactions. If PSECU decides to do
j this, it will recredit your account within 10 business days for the amount you think
? is in error d it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days 9 it
is a STAR SYSTEMS purchase transaction. You will have the use of the money
I during the time it takes to complete the investigation. It PSECU does not receive
your complaint or question in writing within 10 business days. PSECU may not
recredit your account. If PSECU decides there is no error, you will be advised
within three business days after the investigation is completed. You may ask for
copies of the documents PSECU used in the investigation. If PSECU credits
your account while irwestigating, you must repay those funds if PSECU
concludes no error has occurred.
17. ATM SURCHARGE - If you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used in processing the transaction (and you may be charged a fee for a balance
inquiry even If you do not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to complete the transaction.
Notice To Consumers Using ATM's
• Be alert to your surroundings. If you doubt the safety of a particular location,
choose another ATM.
• If the ATM has an entry door, close the door prior to initiating your transaction.
• Put your cash away immediately.
• Direct complaints concerning ATM security to an appropriate department of
the owner of the ATM. New Jersey res-dents: you may call the New Jersey
Department of Banking at (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTIC.?
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER'
OF GOODS OR SERVICES OBTAINED WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BYTHE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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OF THE
200`3 MAY -1 PM 1. 13
UN H
cu M E) L-
*78.5o Po Airy
Rr* a84WO
Sheriffs Office of Cumberland County
R Thomas Kline q of caitib',e.,? G
Sheri Edward L Schorpp
Solicitor
Ronny R Anderson
Chief Deputy Jody S Smith
Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/11/2009 09:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 11,
2009 at 2125 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Michael Craig, by making known unto Michael Craig, at 237 W. King Street,
Shippensburg, Cumberland County, Pennsylvania, 17257 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $46.90
May 12, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
uty S eri
2009-2864
Pennsylvania State Employees Credit Union
V
Michael Craig
C O
w a ?%
-F(D
co -?
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff •
. NO. 09-2864 Civil Term
vs.
MICHAEL D CRAIG
Defendant CIVIL ACTION -LAW
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, Michael D Craig for want of
ANSWER TO COMPLAINT.
(X) Assess damages as follows:
Debt -----------------------------------------------------------------$6,759.94
Attorney's Commission-------------------------------------------$2,038.31
Filing costs----------------------------------------------------------$to be determined
TOTAL--------------------------------------------------------------~8.7aplus costs
(X) I certify that the foregoing assessment of damages is for specified amounts
alleged to be due in the complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I
certify that a copy of this praecipe has been mailed to each other party who has appeared in the
action or to his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file
this praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the
date of the filing` of this praecipe and a copy of the notice is attached.
DATE: ~$ \~ Signature:
Melissa .Van Eck, Esquire
Attorney for Plaintiff
7810 Allentown Blvd., Suite B, Hbg., PA 17112
(717) 540-5406
ID#: 85869
NOW, 011111P Igo , 2009, JUDGMENT IS ENTERS AS ABOVE.
P thonotary 1 r C' it Division
By:
Deputy
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
. NO. 09-2864 Civil Term
vs.
MICHAEL D CRAIG
Defendant
. CIVIL ACTION -LAW
ENTRY OF APPEARANCE
Please enter the Appearance of Van Eck & Van Eck, P.C, as counsel for Plaintiff in the
above captioned action.
Respectfully Submitted,
VAN ECK & VAN ECK, P.C.
Date: June 15, 2009
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
Henry W. Van Eck, Esquire
Attorney I.D. No. 83087
P.O. Box 6662
Hamsburg, PA 17112
(717) 540-5406
Attorneys for Plaintiff
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
' PENNSYLVANIA
Plaintiff
NO. 09-2864 Civil Term
vs. .
MICHAEL D CRAIG
Defendant CIVIL ACTION -LAW
TO: Michael D Craig
237 W King St., Apt 1
Shippensburg, PA 17257-1122
DATE OF NOTICE: Jurie 2, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED. TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
By:
Me is a L. Van Eck, squire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 09-2864 Civil Term
vs.
MICHAEL D CRAIG
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Melissa L. Van Eck, Esquire, being duly sworn according to law, depose and say that I am
the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my
knowledge, information and belief Defendant, Michael D Craig, above named, is not a
corporation and is not an adult individual under the age of 21 years of age; is not in the military
service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its Amendments.
VAN ECK & VAN ECK, P.C.
BY~ `nLiti
Meli sa L. Van Eck, squire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
Sworn and subscribed to
before me this I ~ da ~~~ ~~
y R K SAMTH
Notary PuWk
of June 09 YM~T NANOVER ~~ NM~N CNN
~~0"t"~" ~ te. 2ota
- I~
Notary Public ~ .~ ~
FILF~~=!~~ °~~:F
Z~Q9 Jur`d 15 f'~~ 2~ 03
,; ~ ;. ..~;~iY
el~~ go4'1
~ aa~~
I~koe N1aelsc~
SA32 3AiNATOM
µtIM2 K it3a1NN36
aigdu'~ vufaN
VTNJ NIN9UA0 .`?w7 q~VONAN Tl~Ni
e tCS ,8 r ~aA $+~ ,ro,isinrno~ tiIN
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION, .
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 09-2864 Civil Term
MICHAEL D CRAIG
Defendant
TO: Michael D Craig, Defendant
CIVIL ACTION -LAW
You are hereby notified that on (o' ll0~09 ,the following
(9~e~) (Degree) (Judgment) has been entered against you in the above captioned case for your
failure to file an answer to the complaint A Judgment in the total amount of $8,79$.25 plus
costs is hereby entered.
DATE:
Pr onotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Michael D Craig
237 W King St., Apt 1
Shippensburg, PA 17257-1122
A: Michael D Craig, Defendant, Defendido/a (Defendidos/as)
Por este medio se le esta notificando que el
del
de
eUla siguiente (9rden) (Dee~ete)
(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Prothonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado
de residencia:
Michael D Craig
237 W King St., Apt 1
Shippensburg, PA 17257-1122