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HomeMy WebLinkAbout09-31011;? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. WILLIAM T PHILLIPY IV Defendant NO. r? -3101 Cavil 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. Carlise, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 180057.1 EN LA CORTE DE ALEGATOS COM CN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. WILLIAM T PHILLIPY IV Defendant CIVIL ACTION -LAW AV I S 0 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) dial despues que esta Demands y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mss aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 S. Bedford St. Carlise, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. WILLIAM T PHILLIPY IV Defendant 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, William T Phillipy IV, is an adult individual with a last known address of 236 Erford Road, Camp Hill, PA 17011-1207. 3. Defendant is, and at all relevant time material hereto has been, the primary loan applicant. COUNT I - BREACH OF CONTRACT (VISA LOAN) 4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth. 5. Defendant applied to Plaintiff for a Visa loan. 6. The application submitted by Defendant was approved by Plaintiff. Document #: 180057.1 7. Pursuant to the Loan Activation Notice, Defendant agreed to the terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security Agreement (hereinafter referred to as "Contract"). A true and correct copy of the Loan Activation is attached hereto, incorporated herein and marked as Exhibit "A". A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit «B» 8. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 9. Various charges and payments were made by Defendant on the account. 10. Defendant has defaulted on the loan by failing to make timely and regular payments. 11. The last payment made by Defendant was on August 31, 2006. 12. Defendant is required under the contract to make regular and timely payments. 13. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 14. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 15. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 16. Despite Plaintiffs reasonable and repeated demands for payment, Defendant has failed, refused and 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 14, 2009, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Nine Thousand Two Hundred Two Dollars and 25/100 ($9,202.25). 18. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 19. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "B", Plaintiff is entitled to be reimbursed for all costs and expenses, including reasonable attorney's fees incurred in bringing any action. 20. For purposes of this action, Plaintiff believes, and therefore avers, that One Thousand Four Hundred Twenty-five Dollars and 00/100 ($1,425.00) constitutes reasonable attorney's fees. However, Plaintiff recognizes that it is restricted by law to those attorneys' fee that are actually incurred. If those fees are less than the aforegoing amount, Plaintiff agrees to adjust its demand for attorneys' fees, if applicable, at the time of payment on any judgment is made. 21. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 22. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. Document #: 180057.1 WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, William T Phillipy IV and, in the amount of Ten Thousand Six Hundred Twenty-seven Dollars and 25/100 ($10,627.25), plus interest, the costs of this action, and such other relief as the Court deems just and proper. COUNT II - BREACH OF COTRACT (SIGNATURE LOAN) 23. Paragraphs 1 through 22 are hereby incorporated as if more fully set forth. 24. Defendant applied to Plaintiff for a personal service loan. A true and correct copy of said application is attached hereto, incorporated herein and marked as Exhibit "C". 25. The application submitted by Defendant was approved by Plaintiff. 26. Pursuant to the loan application 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,9 27. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "D". 28. Various charges and payments were made by Defendant on the account. 29. Defendant has defaulted on the loan by failing to make timely and regular payments. 30. The last payment made by Defendant was on August 22, 2006. 31. Defendant is required under the contract to make regular and timely payments. Document #: 180057.1 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 Plaintiffs 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 14, 2009, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Seven Thousand Four Hundred Forty-one Dollars and 07/100 ($7,441.07). 37. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 38. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "D", attorney's fees in the total amount of One Thousand Four Hundred Eighty-eight Dollars and 21/100 ($1,488.21) 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, William T Phillipy IV and, in the amount of Eight Thousand Nine Hundred Twenty-nine Dollars and 28/100 ($8,929.28), 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: (W?b'Lu Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 180057.1 VERIFICATION I, Gregory R. Diffenderfer, Manager of the Pennsylvania State Employees Credit Union verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Pennsylvania State Employees Credit Union By: Title: a Date: 5-1 q -ol Exhibit "A" A PSEC40 P.O. Box 67013 MAY 1. 1 ) 800-237.3 8ANationwide 17106-7013 717.234.8484 in Harrisburg the financial Ilnka www.psecu.com Save Money. Be Secure. WILLIAM PHILLIPY IV 236 ERFORD RD CAMP HILL, PA 17011-1207 Get a PSECU Visa® Capitol Card" today! ONJ 15 IN You're Pre-qualified for up to $10,000! Please Do Not Remove 485757PA733 Vlaa/A7W Card Pr"ualffYi ca an Appllca bn Please print all requested Information. Incomplete forms may cause delays In pro es sing your application or cause a denial. .Name: t l' Birth Date• _ rsr- Home Phone: Business Phone:: _ AccountNumber:_ Employer: l" :16MA' , . Please Check Your Gross Annual Income Range: ? Up to $15,000" O $30,001 to $36,000 O $60,001 to $72,000 O $14,001 to $22,500 ? $36,001 to $48,000 ? X72,001 to $84,000 ? $22,501 to $30,000 0 $48,001 to $60,000 (5- Over $84,000 ?? nl O? •' Minimum annual income required. You must select your Vise balance repayment option: (Avoid late fees by selecting an automated payment option). Transfer on ? Minimum amount Automatic 401?M(nlmum amount Other: Mall a payment Payday: p Alternate amount of $ Transfer: ? Alternate amount of $ monthly by the 251h (Tamfer made when PSECU reosim your ? Pfeviousmonth'sbalance Youmayalso tranaferyour payro7 via direct deposit or payroll deduction.) (DoneonMte281hofeachmoni) patmtstoftpsew9home ortheSST(sas-Servkos Please send an additional card at no extra cost. Tafeprtate) (See Authorized Cardholder Information on enclosed Disclosure document.) '? - Print the name you want on the second card (please print Weariy): 1 First Name Mlddle Initial Last Nam You have read this form and everything you have stated in It is true. You authorize the credit union to obtain credit reports in connection with this application for credit and for any update, renewal or extension of the credit received. We are authorized to obtain your employment history or any other Information and to report to others such Information and credit experience with you. You agree that this acceptance shall be governed by all the terms and conditions of the LOANLiNER® Cre greement the Credit Union, all addendums, changes in terms hereto and all the terms and conditions as set forth on the attached disclosur d alllithese ocuments shall be incorporated herein by this reference. -5 Date Complete Your Personal Identification Number (PIN) - Do Not Detach Select a PIN that is not easily Identified with you. Write your PIN in the space provided. PSECU does not keep your PIN on file. Please do not use the letters "Q" or "Z° as part of your PIN. Please do not use the following combination of numbers: 0000 through 0009 or 9999. Pennsylvania State Empfoyees Credit Union 02.03 ;! , ECOanC:; rifink. Pennsylvania State Employees Credit Union ?J. _,cz 6'013 a N.arri-sburo P'A 17106-70.13 O (717) 234-&_jSJ N. rrrsrurr. 1900: ?_3"l ; t2N frs:ior;: ,7 Loan Disclosures ?nLS O,ANLINER' Credit and Security Agreement, which includes the Truth in merest on the entire balance. If you elect credit insurance, your payments may an-4:ng Disclosures, wil! be referred to as the Plan. Tr.e Plan documents include: this ; increase or the period of time necessary to repay your advance may be extended. agreement and an Addendum. You, your and borrower mean any person who signs j The credit insurance rates may cnar.ge du%ing the Plan If the rates change. we ,vdl tree Piar: Credit union, we, our and us mean PSECU or anyone to whom the Credit 1 provide any notices required by applicable law. 6nion transfers its rights under the Plan. PERIODIC STATEMENT- On a regular bans you -Al receive a statement showing HOW THIS PLAN WORKS - This is an open-end. multi-featured credit plan. Ole all transactions under the Plant during the period covered by the statement. ani:cipate Via!, from time to brie, you will borrow money (called advances") under Statements and notices will be sent to you at the most recent address you have he. Plan. We are not required to make advances to you under the Plan and can j given us in writing. Unless applicable law requires notice to each joint borrower, refuse a request for an advance at any time. The Addendum describes the ( notice to any one of you will be notice to all. different types of credit (called "suoaccounts") available under the Plan, the current JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly interest rate `or each subaccount expressed as a daily periodic rate and responsible for paying all amounts owed. That means we can enforce our rights corresponding annual percentage, rate and other charges It may also have other under the Plan against any one of you individually or against all of you together. If you terms and a schedule for determining the payment amounts. i give us inconsistent instructions, we can refuse to follow your instructions. Unless our CREDIT LIMIT - We rnay, but do not have to, establish a credit limit on certain written policy requires all of you to sign for an advance: each of you authorizes the subaccounts If a credit limit is set for a subaccount, you promise not to exceed the j other(s) to obtain advances individually and agrees to repay advances made to the established credit limit. If you exceed the credit fimit. you promise to repay other(s). Any joint accountholder may terminate the Plan by giving us prior written immediately the amount which exceeds the credit limit. notice. If any of you terminate the Plan, the Plan is terminated for all of you. You REPAYMENT - You promise to repay all amounts you owe under the Plan plus' remain liable individually and jointly for all advances incurred before termination. se •st. Payments are due on the last day of the month unless we set a different day I FEES AND CHARGES - 11 you give us a security interest in certain types of ;,t tr•e three of an advance. If the Addendum nos no payment schedule fora property, we may charge you a tiling fee to perfect our interest in the property, if we subaccount, your payment will be determined at the time of each advance. I do, the amount of the fee will be disclosed to you at the time you obtain an advance. Payments must include any amount past due and any amount by which you have We may also charge you other fees in connection with the Plan. Our current fees are axcepded ary credit limit you have been given for a subaccount. You may repay all disclosed on the Addendum and will be added to your loan balance unless you pay or part of what you owe at any time without any prepayment penalty. Even if you t them in cash. ;;repay, you will still be required to make the regularly scheduled payments unless UPDATING CREDIT INFORMATION -You promise that you will promptly give us the agree in writing to a change in the payment schedule. If you have a joint written notice if you move, change your name or employment, or if any other sharedraft account, you will be responsible for paying 311 overdraft advances information you provided to us changes. Upon our request, you also agree to obtained by a joint holder of the sharedraft account. Unless otherwise required by provide us updated financial information. !aw payments will be applied to amounts owed under the Plan. in the manner the Credit Union chooses. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, PLAN ACCESS - You can obtain credit advances in.. any manner authorized by us. tf Maine and South Carolina: You will be in default if you do not make a payment of we allow you to use your ATM/Debit card to access the Plan, you may be liable for the the amount required when it is due. You will also be in default if we believe the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use prospect of payment, performance, or realization on any property given as security that occurs after you notify us, orally or in writing, of the loss, theft, or possible is significantly impaired. unauthorzed use. If you believe your ATM/Debit card has been lost or stolen. The following paragraph applies only to borrowers in Wisconsin: You will be in immediately inform the Credit Union by calling or writing us at the telephone number or default if you fail to make a payment when due two times during any 12 month address that appears elsewhere in the Plan. If the card is used to obtain unauthorized period. You will be In default if breaking any promise made under the Plan materially advances directly from the Plan, your liability will hot exceed $50. If the unauthorized impairs your ability to repay what you owe of materially impairs the condition, value, withdrawal is from a sharedraft account, your liability is governed by the Regulation E or protection of or our right in any property you gave as security, disclosures you received at the time you received your ATM/Debit card, even if the The following paragraph applies only to borrowers in Iowa: You will be in withdrawal results if, an advance being made from your overdraft subaccount. default if you are more than 10 days late in making a payment. You will also be in FINANCE CHARGE - The dollar amount you pay for money borrowed is called a default if you do not comply with the terms of the Plan and your failure to comply "finance charge" and begins on the date of each advance. A finance charge will be materially impairs any property you gave as security or your ability to repay what you computed separately for each separate balance under the Plan. To compute the owe under the Plan. t!nance charge, the unpaid balance for each day since your last payment (or since The following paragraph applies to borrowers In all other states: You will be in an advance if you have not yet made a payment) is multiplied by the applicable daily default if you do not make a payment of the amount required when it is due. You will periodic rate. The sum of these amounts is the finance charge owed. The balance be in default if you break any promise you made under the Plan or if anyone is in used to compute the finance charge Is the unpaid balance each day after payments default under any security agreement made in connection with an advance under and credits to that balance have been subtracted and any additions to the balance the Plan. You will be in default it you die, file for bankruptcy, become insolvent, if you have been made. In addition to interest, we may charge other finance charges which make any false or misleading statements in any credit application or update of credit are disclosed on the Addendum. if the interest rate is a variable interest rate, the I information, or if something happens we believe may substantially reduce your Addendum explains how the variable interest rate works, ability to repay what you owe. You will be in default if any property you have given SECURITY - You pledge as security for the Plan all shares and dividends and, if us as security is repossessed by someone else, seized under a forfeiture or similar any, all deposits and interest in all joint and individual accounts you have with us law, or if anything else happens that significantly affects the value of the property or now and fir, the future. If a specific dollar amount is pledged for an advance, we will our security interest in it. You will also be in default under the Plan if you are in default freeze shares in that account to the extent of the outstanding balance for the under any other loan agreement with us, advance. Otherwise, your pledged shares may be withdrawn unless you are in ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers In default. The following paragraph applies in all states except In Ohio, Rhode Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Island and Massachusetts: We have a statutory lien on the shares and dividends' Nebraska, South Carolina and West Virginia: When you are in default and after and, it any, the deposits and interest in all individual and joint accounts you have with I expiration of any right you have under applicable state law to cure your default, we can is and may exercise our rights under the lien to the extent permitted by state law. demand immediate payment of the entire unpaid balance under the Plan without iWe are state chartered if our name does not include the term "Federal Credit giving you advance notice. Union') For all borrowers: The statutory lien and/or your pledge will allow us I to apply the funds in your account(s) to what you owe when you are In default. The following paragraph applies to borrowers In all other states except Wisconsin The statutory lien and you., pledge do not apply to any individual Retirement I and Louisiana: When you are in default, we can require immediate payment ACC aunt or any rarer account that wou d lose special tax treatment under state or (acceleration) of the enure unpaid balance under the. Plan. You waive arty right you have 'ederal law if giver as sacur.ty. I to demand for payment, notice of intent to accelerate and notice of acceleration. additiona! security for the Plan r,ay be required at the tune of an advance If a The following paragraphs apply to borrowers In all states except Wisconsin and >ubaccounl ioentdies a ype of property (such as "New Cars") you must give that ; Louisiana: If immediate payment is demanded ynu will continue to pay interest until type of property is security when you get an advance under that subaccount. A I what you owe has been repaid at the applicable nterest rates in effect or, if applicaole. subaCCO-x name such as `Otner Secured' means you must provide security at the default rate disclosed on the Addendum. If a demand for immediate payment acca,ptapi?. to L.s wn:er you obtain an advance under rh.at subaccount. Property you i has been made, your shares and/or deposits can be applied towards what you owe p•:e as saCU^'y will secure al: acre units owed under the Plan and all other loans you as provided in the section above rifted "S ,curity" We can also exercise ary other •:ave witti is now or m the hit::rp, excepr any loan secured by your principal dwelling. rghts given by taw when you are in defau,i Property sec, ring other loans you eve w,'t s - ay also secure the Plan. You agree the Credit Union has the right tc take nossession of any property rr:-en CREDIT INSURANCE - Credir J: ,e and ? crt,Jd u,abii ty insurance s opt:orai as security under the Plan, without ji.oicia process if tris can be done without P, :r 1' ;r• u c 3irfy for d 'Id p!-craFe, try- it _urance f1p;'1 us. you autfonze breach of the peace If we ash, you pro r.i. c •o da:ver he property at a ti-ne =_no .. ,, ice rs rance premiums montnw to ya..rr ioa na.an<e and crarge you place we cheese. If the property is a motor vBniC!a or post. you agree th-e we nary ,EI Y0oJt-2 33'-2092 1 ,3115? LOA.NLWERfi Credit and Securiy"Credit Agreement (continued) :..::r: ?e: or otr:er ^e•r:ce ,eccssary to _rr,!o;k and cpr:(, -- d, .men ;ra.1 are a' :'ic .a not d repair side for ,• y o, vt,r pro,-a;riy. riot covE.-d by tri> A; e t you eci.. rsde the er:.?perty cr ihal is t iachect to f^e property WE! c .. rt , _ r that prepe^', to you or rrar.e it a.aliable for you to da rn A er ,:e r.n,e possession c' ,ne ; r,}perry, we can setl it and apply the rnoney to ar.y -. r•.ot.rrts vac OY:P, u3. V'Je wilt give you notce of ary pub,ir, d,sposaion or the date after a Cnv t:• d soc .!on v of be held. Our expenses for taking possession of and se ing ^e pr?,per*.y w 1l be deducted from the money received from the sale. Those c: sts may monde the cast of storing the property, preparing it for sale and attorney's t"f-; :,-)*! tr? extant p;armi ted under state law or awarded under to ra Bankruptcy Code. `rou e-?ust pay any amount that remains unpaid after the sale money has been appiiec to any unpaid balance under ,he Plan. You agree to pay interest on that amOUnt at the s.zrr.e rata is the advance, or, if applicable, at the default rata disclosed on the Adcendurn, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are r default and aher expiration of any right you have under applicable stale law to cure your no fault. we stay require immediate payment of your outstanding loan balance under L.e P•an find seek possession of property given " security. You may voluntarily give. the p«merty to Lis if you choose, or we may seek to take possession of the property by iud:Ciai process. If we repossess the property, you agree to pay reasonable expenses Incurred !n disposing of the property. If the property is a motor vehicle.. mobile home. ,railer; snowmobile, boat or aircraft. you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains urpaid after the sale money has been applied to what you owe under the Plan. You agree to pay interest on any unpaid amount at the same rate as the advance, or, it applicable, at the default rate disclosed on the Addendum, until that amount is paid. If the property is located outside Wisconsin at the time of default, we may take possession of the property without judicial process, if permitted by the state where the property is located. The following paragraph applies only to Louisiana borrowers: When you are in delatA, we can require immediate payment (acceleration) of the entire unpaid baance under the Plan. You waive any right you have to demand for payment, notice rti ntert to accelerate and notice of acceleration. If immediate payment is demanded, you will continue to pay interest until what you owe has beer: repaid at the appiicable interest rates in effect unless a default rate is disclosed on the Addenourn. It a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. 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 paragraph applies only to borrowers In Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the P!an at any time. You may cancel the Plan at any time by giving us prior written notice Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan alter receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers In all other states: We have the right to change the terms of the Plan from time to time after giving you any advance ,iotice requ=red by law. Any change in the interest rate will apply to future advances, aro at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any pan of the Plan at any tm•-e Y`ou mad cancel the Plan at any time by giving us prior written notice. Your abiigation to pay the unpaid balances under the terms of the Plan continues whether y:u or the Credit union cancel the Plan. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -We can delay eriorcing any of our rights under this Plan any number of times without losing the at: lily to exercise our rights later. We car: enforce this Plan against your heirs Of ieg3i 1e9re5e1tatrveS Il we change the terms of the Plan, you agree that this Plan wd+ continue to protect is CONTINUED EFFECTIVENESS - if any part of this Plan is determined by a Court I,; re :ine-nicrceanie, the rest wilt remain jr. effect NOTICE TO UTAH BORROWERS-This written agreement is a anal expression of ire arreemert rte.:roeer, you and the Crea:t Union. Tais,vrmen agreement may net .:v cor, radicteo ovicence of any oral agreement. Me !allowing is required oy Verirxini law - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragraphs apply if you give security in connection with an advance under the Plan.They apply to borrowers in all states except Louisiana. Louisiana borrowers will execute a separate security agreement. Borrowers in other states may also be asked to execute a separate security agreement. THE SECURITY FOR THE PLAN - You givo ::s ::hat s k uwn as a interest in all property aescribed in an r. c of v i.crer or ctr,er cr i -rt y., receive for an advance ("the Advance"). The sccunty interf8i you gr.E •,,,,udrs a:! accessions. Access;ons are thugs which are auachF-d m or inst= ec .n r v i rr::perky now or in the future. The security interest also indtides any replacemea :r the property which you buy within 10 days of the Acivancu or any extens'.on rerev:als or refinancing of the Advance it also includes any rnoncy you receree frcrr sel:ing the property or from insurance you nave on the property. if the value of the property declines, you promise to give us more property as security if asked t0 do so. WHATTHE SECURITY INTEREST COVERSICROSS COLLATERAL PROVISIONS -The security interest secures the Advance describe in the receipt, voucher or any other document you receive at the time of the Advance and ary exterstons. renewals or refinancings of the Advance. It also secures any other advances you have now or receive in the future under the Plan and any other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. 11 the property IS householo . goods as defined by the Federal Trade Commission Credit Practices Rue. the property will secure only the Advance and not other amounts you owe OWNERSHIP OF THE PROPERTY -You promise that you own all property you give as security or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that ro one else has any interest in of claim against the property that you have not already told us about. You promise not i I to sell or lease the property or to use it as security for a loan with another creditor I until the Advance is repaid. You promise you will allow no other security interest or lien to attach to the property either by your actions or by operation of law. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property Insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the properly insurance through a policy you already nave, or through a policy you get and pay for. You promise to make the Insurance policy payable to us and to deliver the policy or proof of coverage to is it asked to do so. If you cancel your insurance and get a refund, we have a right to the refund if the f property is lost or damaged, we can use the insurance settlement to repair the I property or apply it towards what you owe. You authorize us to endorse any draft or I) check which may be payable to you it order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes ano fees (like registration fees) due on the property. If you do riot pay the taxes or fees on the property when due or keep it insured, we may i pay these obligations, but we are not required to do so. Arry money we spend for taxes, tees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the , insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have compiled with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to an advance may include i (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. INSURANCE NOTICE - If you do not purchase the required property insurance. i the insurance we may purchase and charge you for will cover only our interest in the property. The premium for this insurance may be higher because the insurance company may have given us the right to purchase insurance after uninsured , collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. PROTECTING THE SECURITY INTEREST - If your State issues a t.tle for the property, you promise to have our security interest shown on the title. We may nave to file what is called a financing statement to protect Our security interest from the claims of others. If asked to do so, you promise to sign a financing statement You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property. i to the extent permitted by applicable law. USE OF PROPERTY - Until the Advance has been paid off, you promise you will ' (1) Use the property carefully and keep it in good repair (21 Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the property (5) Pro nptty notify us it the property is damaged. stolen or abused. (n) Not use the property for ary unlawful purpose. (7) Not to retitle property in another state without telling us NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT T--• REPOSSESSION. tF IT IS REPOSSESSED AND SOLD TO SOMEONE i;:t - SF., AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEI:'=_D IN THAT SALE, YOU MAY HAVE'rC PAY THE DIFFERENCE NOTICE FOR ARIZONA OWNERS OF PROPERTY - C iS .;'itrwfu for yoc i fad ' to return a rrtetOr vehicle that is subject tD a Security is:^terest, w^hin t`air*; :!ay5 after you have received notice of OeMult. The nr,%bC6 .0fl ..ne mailed to rna a', Tess yc+_ gave us. It is your responsibility ^ot`y t._ ,+ yocr aggress :7hange>. i"-,.• r*:axr^,ur^ penalty for unlawful fadu•e to rat(,. a r•oTor ver.cie , ar,e ye.-:, :n c,, son <:rii •r fine of 5150.000. This notice coma ns important information ebout your rights and our respons!bilities ' under the Pair Credit Billing Act- You are advised fo read your monthly statement and review it for any error discrepancies or unauthcnzed transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT If you think your statement is vrrnng, or if you need more inforrnat.on about a transactrn or, your statrm?rx, vmte us on a separate sheet at the address I!st- ci on vour siaterr om. You are required to notify us in writing within 60 days fc!towinq the date on which we sent your statement wherein the error or problem fist 4vc;eared regarding any discrepancy or unauthorized transactions on your accoufJt Failure to notify us may resu":t to vour acceptance df any responsibility for pavmeat or reimbursement to uS for any Such error or discrepancy on your account, ':. Wr;to to us as soon as possible. You car, telephone us, but doing so will not preserve your rights fr. your Letter. give us the loilowing information. j ` Your name and -account number. j The dollar amount of he suspected error, }Describe the error and explain, if you can, why you believe there is an error you need more information. describe the lem you are not sure about. It you have authorized us to pay a credit card account automatically from your share { account or checking account, ycu 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 f have corrected the error by then. Within 90 days, we must either correct the error or j explain why we believe the statement was correct, j in this :Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement. Card means the Visa Credit Card and any duplicates and renewals we issue. Account means your Visa Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. RESPONSIBILITY -If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us. but we will close the account for new transactions if you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. 2. LOST CARD NOTIFICATION -if you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After hours call (800) 556.5678. 3. LIABILITY FOR UNAUTHORIZED USE - You agree to notify us immediately, orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in the handling of your Card In any case, your liability will not exceed $50. 4. CREDIT LINE - If we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit Line only by written application to us, which must be approved by our credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time tp 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 surre,noer to us all cards upon cur request and upon termination of this Agreement. 5. CREDIT INFORMATION - You authorize us to investigate your credit standing when cpenirg, 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 - Vie vAll mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your 2.oun!, the remaining crtuait available under your Credit Line. the New Balances of curcrases and cash advances, the Total New Balance, the Finance Charge due to date, and any otne- bi led fees, and the Min;mum Payment required. Every month you must pay it ne Minimum Payment within 25 days of your statement dosing date. By separate agreement you may authorze us to charge the minimum payment automatically to your share or check;no aa-our,t with us. You may. of course. pay more frequently, pay more than tie Min:, nun Payment. Or Day the Total New Balance it full, and you will reduce the firarxr+ charge by doing so. if your monthly payment exceeds the total credit line balance ci"tc ire YVIi autGrndttcaly acsl'Me cetllt to your 51 shares. "& i ue:,, 1 ,,X Mont ruin be (a) 2'6 of your Total New Balance rounded Up to the >•.en o ila f. Cr icy 52C OC, whichever is greater. in addition, at any time your Total Ne v 3.!ar,-e exce res year Credit Lace yo,, Jost !rnrnediately pay the excess upun our After we receive your letter, we ! n : t trv to Collect r,: ester. or repc:rt you as delinquent. We can cent, ,.r to yru for vir, tm font yo., question, including finance crarges, and vrn c, apply any urpa; amount act_:,cs: your credl Itmit. You do not have to pay any questioned arriounl wt!de eve wt inves!,garng_ but you are stiii ob! gated to pa, ine p'.•rfs Of your s! meter! tra: are nn ir. rl.:ea or. If we find that we made a mistake on our Statement. you wit not have. tc pay nr:r finance charges related to any questioned auno_;rt. If we didn't make a r. !stake, you may have to pay finance charges, and you will have to make up any r-!ssee payments on the questioned amount. tr. -utner case :%e will nerd you a stmtertert of the amount you owe and the date that it is due If you fail to pay the amount that we think you :Ave, we may report you as del-nqueni However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone vie report you to that you ; have a question about your statement. And, we must tell you the name of anyone i we reported you to. We must toil anyone we report you to that me matter nas oeen settled beriveen us when it finally is. If we don't follow these rules, we can't collect the °irst S50 of the cuestirred amourt, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you nave a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed 1 you the advertisement for the property or services. demand. We will apply payments in the following manner: first to previous late fees, ! then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to l previous purchase balances in the order that they were posted to your account. then j 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 j of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We caiculate 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 - Tile Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for , each day in the billing cycle, and then dividing by the number of days in the billing !! cycle. To calculate the Daily Balance for purchases each day, we take the following I steps: We take the outstanding balance (all amounts you owe) at the start of the day. i 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. I Average Daily Balance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for cash each day, we take the following steps: We take the outstanding baianca (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments whicn post to your account that day. After applying payments and credits, we subtract the amount of any unpa;c 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 r the billing cycle. Tfus gives us the Daily i 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 m ine fotc)winq manner, first to previous late fees, then t previous cash advances firanCe, ct,arges .hen to previous purchase finance charges, then to current late fees, then to prev:o .s cash advance balances, then v) previous purchase balances in tre ower ' al It%rv v;,ere pos(erl m your acrlount. !her to current cash advance balances, and the-, to torrent ourcra,a ba anCi:!s Credits are appi-ed first to the particular mho rf de o. v,.•ict ,'_.,.rg credited it ary a o u•.er. to the balance of our a(;cc,uut Visa- Credit Card Agreement and Truth in Lending Disclosure (continued) .... ,. .'a' .. tr'c 0. 1 re [ayments irK! ;. r(, 1", w!`U' a Cs18+7 t0 yOC:r .:,.t s, ,`e Pa/-rent Due Date shown or-,....,:a,ctrart ;s equal to or excee-7s the 3a-t rile or, t,a+ ..-.e! rent, ire n-,l apply rvtor,hly Perioo:c Rate o your Account on your next statement. 8. DEFAULT - YOU v: i be I;. default if yciu fail to make any Iltininnum Payment wll,hin 25 days after you, Tonirly statement dosing date.You authorize us to transfer f•,n:ls suff,c;ent to n•.aka the minimum payment due if your Visa !can is n default. You t;g,e?: . tnat vie may temporarily suspend your ATM card access if your Visa payment i5 d! e f+. a period exceeding 30 days. You will also be in default it your ability to rt:play Os is rrateria'•Iy reducec by a change in your employment, an increase in your ob;iyaaons. bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or it the value of our security interest materially decih es. We have the right to demand immediate payment of your full account calance if you default, subject to our giving you any notice required by law. To the extern permitted by law. you will also be required to pay cur collection expenses. ;nch;•-jing court costs and reasonable attorney fees. 9. USING THE CARD - T make a purchase or cash advance, there are two altemafrve procedures to be followed. One is for you to present the card to a part,dpating Visa plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the Visa system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly Statement will identify the merchant, electronic terminal or financial institution at w!.i&,, transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statement. You will retain a copy of such slips furnished at the time of the transaction in order to verify the monthly, statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing credit limit and the agreement A represents and the current loan policy at the time of the overdraft. You also understand that an overdraft wid be considered the same as a cash advance on your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card tray give credo for returns and adfustments, and they will do so by sending us a credit ;lip 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 S1 Shares within 75 days. If the. balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or a government-mandated rate in effect for the applicable central processing data In each instance, an adjustment may be assessed based an the ISA fee imposed ny Visa. This fee, which totals 1 % of the transaction amount, will be assessed on all transactions where the merchant country differs from the country of the card issuer, 13. DISPUTED TRANSACTIONS - If you disagree or find an error with a Visa iransac!:nr and have !"Ida n CIC f ^r the charges are t`te r .<u t at ur^ ,t er . ,:;e. y ur cu . h:: more t tan S50 and was ir:ade !, rn YrAIr St.tt. :nt' :.n 1+1=•5 of your home, contact PSECU. You are requi to r, •tif}' PSECU Ir wr t rq „ ,r f: ni) days folow rig m.4 date cn w'nich ,.s son ir•.;r State lent .hareir i c c,r,.,r or problem first appeared regarding any discrepancy Or Unauthorized transact on on your account. Telephoning PSECU noes not preserve your d spute rights. You rn_.y be required to provide us with (11cM.;rnentalion tc support your dispute clams. In addition, you may be required to complete a standaro dispute form ou'1Ir);n9 rie details of your dispute. In cases of iraudulent card use, PSECU rill also requ,re a notarized affidavit. In some cases we may ask you to notify the Iccal authorlhe5. If we do riot receive the proper requested docuunertabon in the time specified you may be held responsible for the transact+on(s l In r,,,est:on PS ECU mc:st adhere to strict dispute timetrarnes set forth by Visa. 14. SECURITY INTEREST -To secure your account. YOU grant us a purchase rrori,-y j security interest under the Uniform Commercial Code in any goods you pu-chase through the account If you default we will have the right to recover any of these goods which we have not been paid for through our application of your payments ir, the mariner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, •rf you give or have given us a specific pledge of your credit union ,hares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests i for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those Other security agreements, except for your norre. 15. EFFECT OF AGREEMENT- This Agreement is the contract which applies to i 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, antl we indicate in our notice. amendments will apply to your existing account balance as well as to future transactions. 18. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the first day of the month following your due date, you will be subject tO a S20 charge. 17. RUSH FEES -You may incur additional charges for rush processing and mush delivery of cards and/or PIN mailer. 18. OVER LIMIT FEE - A S20 fee will be applied for each monthly statement closing dale on which the outstanding balance exceeds the assigned credit limit by more than $100. 19. DRAFT COPIES - You may incur an additional charge for transaction ` summary/sale draft documentation. 20. COPY RECEIVED ---You acknowledge receipt of a copy of this Agreement. 21. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. 22. NO USE - inactive Visa accounts that have no purchase or cash activity may be closed without notice to you after 18 months of no activity 23. NEURAL NETWORK - PSECU uses neural network systems to predict and prevent unauthorized transactions. There may be occasions when a transaction is declined because it is indicative of possible fraudulent activity. ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in in this Agreement shall be subject to the rules and regulations of each account i consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, which is accessed by such Card. our and Us) issuing to you an ATM CARD, hereby agree to be legally bound by the 2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD following terms and conditions. You agree that the use of your ATM card(s) You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated constitutes acceptance of the forms and conditions of this Agreement. You teller. It can and will perform many of the same tasks as a human teller. You u;noarstand that ATM is a credit-related service and you authorize PSECU to obtain acknowledge that the Personal identification Number or PIN which you use w:tn the r a credit report on any users of tms account. j ATM CARD is your signature, identifies the bearer of the Card to the STAR 1. ACCOUNTS AND USES OF ATM CARD -You have the account(s) (including SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and Checking and Regular Shares), which we set forth on your application form with this validates the directions given just as your actual signature and other proof identify Agreement. YOU hereby request that we issue to you one or more ATM CARD(s) to you and authenticate and validate your directions to a human teller. You also pe : sod in connection with such accounts as described in this Agreement. understand that a Merchant which accepts the ATM CARD for a Purchase YoU understand you may use the ATM CARD at a STAR SYSTEMS® ATM to (1) transaction may have an electronic terminal (Merchant operated or Self-Service) ' withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from s which requires the use of your PIN and when your PIN is used at a Merchant your account, (4) receive information regarding the balance in your account(s) or (5) terminal, it will authenticate and validate the directions given just as your actual rria',e cash advances from your credit account(s) in the amounts you request. You may signature will authenticate and validate your directions given to us. You acknowledge also use automated teller machines throughout the United States and in certain that your PIN is an identification code that is personal and confidential and that the tore:gn countries which bear the PLUS SYSTEM:!)) name and logo (1) to r,take use of the PIN with the ATM CARD is a security devise to, your account(s). witrtdrawais from, (2) effect transfers to or from, (3) receive information regarding the Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS TFiA NO `;aiarces it your Checking or Regular shares. If you have a Personal Service Loan ONE ELSE LEARNS YOUR PIN. :ved and ,n (:,lace. you ma} also make a cash advance from your PSL. You further i 3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS - You agree to ,^, nt i 1 us nde s ar you May use the ATM CARD !o purchase goods and services at once it you believe the ATM CARD(s) issued to you Or PIN has neon lost cr ,to,en P_m.nase) at any retail estabi;snrrent {`Merchant' i wriere ATM CARDS are i or money is missing from your account(s). YOU a!,e agree that it your . is rinly accepted oy such Mercnant, if you use the ATM CARD to make a Purchase to obtain s atement snows transactions vhich you did not make and you do not cc-tact us oils . ,f permitted oy the Mercnant, you snall be requesting us to withdraw funds rn the within 60 days alter the statement was r„ailed to y•_ u, you may act dal any money mo:.:nt -t sun PUrc asa (inrludinc, any cash received from Ind Merchant) `rpm your ; lost after that time. YOU AGREE THAT iF YOU GIVE YOUR ATM CARD(s) and PIN Checu, ng Shares and directing or ornering us to pay such funds !o the Mercnant. I TO SOMEONE ELSE TO USE YOU ARE. AUTHORIZING THEM TO ACT Of, YOUR 'Yo:., eq.,est gnat we wi: provide to you such other services or access to other Arm I BEHALF AND YOU WILL BE RESPONSiBLE FOR ANY USE OF THE CARDisi BY' ;.erns _r r ,!:vor%S u5inp the ATM CARD vhicr we may later make available and n !dy THEM. You could lose al! your money in the account(s) f you take no acr on to ;,.i c^ we ads se yo., are offered in connection w.tn your account(s) set torch On your PSECU of the loss of your ATM CARD or PIN Ssltrr, .•,, your Pe spoilt c. ca+ c^ tn•m tc•u J,SQ unciec;!ard Vint from time to time you may request it Identification Number iPIN). Do not tefl or disc tie y -ur'r N .o any ,W.r f c .nn )o g , ,-.. w+da access to aciauonal accounts ct yours through the ATM riot write your PIN or your ATM, CARD. Do no! ..:c. u r -n r:..., n o y:__ utu :-ARD .,_ ha ye issued to yoU You agree that the rises Of the Al f.1 CARD oe scribed your ATM CARD Do not choose a P N that s i, ., here. Electronic Funds Transfer. ATM Agreement and RecJulat on ':.E" Disclosure continued) v ,....r7 av "e or,.,.re:. ou at that tim:3 ?nrd a 'hold' v`l be placed or; ycur n Af?. tr time, if you find your old caud, destroy ;t,e old card r c..;tt nq ^pt t,se your oi^ card. , •x11! rat work. 4. CHARGES - You agree to pay a 50 Cent c^arge fore ch deposit or witndraw4l ox.7eed,ng 15 a month, You agree to pay the 50 cent penalty charge on any cash d.;:-lursement transaction iloan advance or share withdrae%al) that is less than, S2G. You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge kl! drN, a,:iiust n?ert that needs to De made to your account resulting from art egret you -nice while making a deposit at an Automated Teller machine (ATM). You agree to pav ice charges or transaction fees which are charged by us for these services or !or services which may later be offered as such fees or charges ,ray be imposed or cnanged from time to time. 5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS NTM that we have * e, right to verity the deposit before we make the money available to you it you deliver cash, checks or other items to a STAR SYSTEMS ATM, you understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular account in which you are making a deposit, the items that you are depositing and whether the deposit is made at a STAR SYSTEMS ATNi that is owned by us or another financial institution. You also understand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the amount of funds which May be deposited and that we may not control these limits. 6. LIABILITY - If the ATM CARD is !ssuad for a joint account, you agree to be jorntly and severally liable under the terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks, drafts or other items) and we make funds available to you from such deposits prior to their collection, you agree that we may deduct the amounts of such funds from your account(s) which are not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amourt 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 chances 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 shad 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. Or v;rite to us a. Pennsylvania State Emptoy,(,s C • •da Urticn P.O. Box 67013 Harrisburg, PA 17106.7;'113 PSECU Business Hours: 8:00 a.m. - 5:00 p.m. M - F TDD (800) 472.1967 Nationwide (717) 777-2100 in Harrisburg 4. FINANCIAL INSTITUTION'S BUSINESS DAYS - • ATM, ACH and SST - PSECU's Business Days are Monday through Friday. Holidays not included. 5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE - • ATM - Balance inquiries or, checking, savings and PSL; withdrawals from checking/savings; cash advance from PSL; deposits to checkingisavings: purchase goods and services at any accepting retail establishment. • ACM - Preauthorized debits and credits to checking and savings. • SST - Balance inquiries and transaction histories on all share, certificate and loan accounts; transfers frorn any share to another share or loan account from your PSL to any share or loan account; withdrawals from any share except IRA shares or certificates. 6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE RIGHT TO MAKE TRANSFERS - • ATM - Fifty cents for each disbursement (cash advance or withdrawal) less than $20; fifty cents for each transaction over 15 per month; 25 cent for each balance inquiry; and there may be an additional charge for any adjustment that needs to be made to the account of any member who makes an error while depositing at an Automated Teller machine (ATM). • ACH - $30 service charge for insufficient funds for each electronic transfer. • SST - none 7, SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF EFTS - • ATM - You are entitled to receive a printed receipt at the time of each transaction, You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST - You will receive a monthly statement stowing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you can call us at (800) 237-7328 to find out whether or not the deposit has been made. 8 STOP PAYMENT DISCLOSURES -You hereby acknowledge receipt of the disclosure statement RIGHTS PRE•AUTHORIZED TRANSFERS - ntorfning you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. REGULATION "E" DISCLOSURE 1. ELECTRONIC CHECK CONVERSIOWELECTRONIC RETURNED CHECK FEES - If you pay for something with a check or share draft, you may authorize it to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned chock fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after beirg told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY - • ATM, ACH and SST - Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. If you behave your card has been lost or stolen, and you tell us within two business days a,er you learn of the loss or theft, you can lose no more than $50 if someone used your card without your permission. It you Jc not tall us wdnin two business days after you learn of the loss or theft of Pouf ca-d, and we can prove we could have stopped someone from using your card Without you: permission if you had told us, you could lose as much as 5500. Also. r,' 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 r,norey you lost after the 60 days it we can prove that we could na?a s,,,pped somaone front takrno the money if you nad told us in time IT ,.; goon ?elson such as a tong, top or a hospital stay kect you from telling us. we ,* ,W extend tna time periods 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED TRANSFERS-- ATM - Contact PSECU at 1800) 237-7325 EXT 3808 (nationwide) or 1717) !i^ Fiarrisburg;. After hours, follow the menu opfcnS on PSECU S :,ice .-,,tai system to •erert a lost or Stoien card. For Visa Credit Or Deba tollor, r, e 6wr, c-S for Lcsl Care Notification under the Ylsa Credit r7 -tureeme^t arrc Pur. -in-iend;ng Disclosures SecrOn of this d, ent. ACH and SST - Contact PSECU :it ;8:,01 237-7:28 tnalonwidet or (717) • ATM and SST - Not applicable. • ACH - Right to Stop Payment and Procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Cell us at (800) 237.7328 (Nationwide) or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees Credit Union. P.O. Box 67013, Harrisburg, PA 17106-7013, in time for us to receive your request three business days or more before the payment Is scheduled to be made. It you cat), we may also require you to put your request in writing and get it to us within 14 days after you call. • Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment. when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. • Liability for Failure to Stop Payment of 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) mere are insufficient funds in your account to complete the transfer; (2) the funds in your account are uncollected; (3 the funds are subject to legal process: (4) the transaction you request would exceed the funds in your account plus any available overdraft protection: (5) the STAR Systems. PLJS systern has insufficient cash to complete the transaction. (fi) your card has beer reported lost or stolen and you are using the reported card. (7) PSECU has reason to believe that the transaction requested is unauthorized: (8) Ire failure is due to an equipment breakdown that you 5!low 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 cordred, (tot if you attempt to complete a transaction that, at a STAR Sys e•ns PLUS Sys'em, or men nant terminal Ina: is n,tt a Electronic Funds Transfer, AT!'.i Agreement_and Regulation "E Disclosure (continued) ot!"iSS-??e tfa:'Sai or -led abO:e; Or ; 1) !h t to:.Ct .?r ,t'Cri?CI excetad the SBCuflt4 !.n1 !a'.'+"rn? or. it.e t.se of ur A7 1. 1 CARD • ACH and SST - !f PS=CU `ails !- comp!-!e a trans. cticn or ' me or in the - ;rrect ii _vu:rt, wren ;,rooerty insu_cie: by YOU, PSEC+J wit. be liable for .<,n,ages cased by our failure unless (1) tnere are r;SU+'!uert funds in your account to corrpiete fne transfer, (2) the lund3 in your account are I,IlcoCected, ;31 the funds are subject to !ega! process, (-r) t'(e transaction you rec;Jest would exceed We funds in your account plus any available overdraft crauit; ;51 PSECU has reason to believe that the transaction requested is urau!honzed: 161 the failure was caused by an act of God, fire, or other catastrophe, or by another cause beyond control. In any case, PSECU shall be liable only for actual proven and not ccnSequenhal damages if the failure to make the transaction resulted from a bona fide error desoite PSECU's procedures to avoid such errors. 10. DISCLOSURE TO THIRD PARTIES - • ATM, ACH and SST - PSECU will disclose information about your account to third parties: (1) when it is necessary to complete transactions; (2) to verity the existence and standing of your account with PSECU upon request of third party such as a credit bureau; (3) to comply with government agency or court orders; (4) in accordance with your written permission; (5) to comply with government or admiristrative agency summonses, subpoenas, or court orders; (6) on receipt of certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; Regulation P, Privacy of Consumer Financial Information- and (7) when it is necessary to take legal action to recover shares. 11 STAR SYSTEMS SERVICES - • ATM Only - You may use your ATM CARD with your Personal Identification Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some ATMs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all ATMs may accept deposits. There may also be limits on the amount of funds which you may deposit in certain ATMs. 12. PLUS SYSTEM' SERVICES - • ATM Only - You may use your ATM CARD with your Personal identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rico, Canada, Great Britain and Japan to conduct any of the following transactions on the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL), b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs. These are the STAR SYSTEMS services currently available through the PLUS SYSTEM network. Other services may be offered in the future. 13. OTHER ATM NETWORK ACCESS - • ATM Only - From time to time, PSECU may make arrangements with other AT M 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 ("M!ercnant') where ATM CARDS are accepted by Such Merchant The arnount of all such Purchases will be :fedurtec, from your Checkng. When you make a Purchase using the ATM CARD you w0 be requesting PSECU to withdraw funds from your Checking in the amount of the Purct ase and duec'.ing PSECU to pay these tunas to SLicn Merchant 1 S. LIMITATIONS ON THE USE OF YOUR ATM CARD - • ATM Only -You may withdraw up to S500 per day from one or a combination of your accot nts by using a ATM' CARD provided the funds are available at a STAR SYSTErvis or PLUS SYSTEM ATM. In addi!ion. You may v:i!!'draw'pcrchas2 tip to 5500 at point of Sale iocatons. PSECJ reserves the r'tphl !o reo.lce the C ir! :rr)? ( t: .nt 1 t:r ,ly .:rrl... ;ess than 5500. PSECU "."l l +±,,.sc y::u p' e --.vi 6r1 mron. r. y ar wthdrawal iimits slat:s s! 12 r-ldni Y,t cal., na,, .. ,d -or, -:! 12 r: next day F,,,r seer r :V Pur„c.. ,_ t r- a -o cc^nin dally frequency of use J' w.e Ri r;i CAPO H-,-..ev r .hr; F I . rta!!Cr.S re .c;' revealed for security reasons The i rr;rsyP,rh ..'. Ste e ; trrr . eriit Union is nct obliged to rrain r uct t ! ;ra s You will be denied u:e of your ATM CARD It you exceed aa:!v withdrawaVpurchase limit. If you do not have adec:.a:e funds available, in your ` account, do not enter the correct Personal !dentif:Cation Number (MINI, or exceed the frequency of usage limitation. The receipt provided by the STAR SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will notify you of the •. denial. There is a limit on the number of such denials pern'..i ted. Attempts to exceed the limit will result in machine retentioni Gf our ATM CARD. The number of attempts that result in machine retention is rol revealed for secunry Purpose.,. 16. ERROR RESOLUTION PROCEDURES - • ATM, ACH and SST - In case of errors or questions about your transactions: Direct inquiries to PSECU at (600) 237.7328 Nationwide, TOO (600) 472- 1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU ar Pennsylvania State Employees Credit Union, P.O Box 67013, Harrisburg. PA i 17106-7013, as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt. PSECU must hear frorn you ro later than 60 days after 4 sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number. and ATM CARD number (if a ATM transaction), or reference number (if Self- Service Telephone Transaction): (b1 Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need the information, and; (cl The dollar amount of !ne suspected error. If you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will tell you the results of the investigation within 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for STAR SYSTEMS purchase transactions. If we need more time, however we may take up to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will I recredit your account within 10 business days for the amount you think is in error I if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days if it is a STAR SYSTEMS purchase transaction. You will have the use of the money during the time it takes to complete the investigation. if PSECU does not receive your I complaint or question in writing within 10 business days, PSECU may not recredit your account. If PSECU decides there is no error, you will be advised within three business days after the investigation is completed. You may ask for copies of the documents PSECU used in the investigation. If PSECU credits your account while investigating, you must repay those funds if PSECU concludes no error has occurred. 17, ATM SURCHARGE - 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 he transaction. Notice To Consumers Using ATM's • Be alert to your surroundings. 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PP mmmmWm 000000 000000 PO?NMV . ,ONWCKO NO VNNV PV VMmm '10N-MMO "N0,mov NNOmON .ON coVVV 14"V NCO OSN M- mocOvAVN OP N1ONV M(N OP mmNN?O NN V V V V V M c')M co r) MM C;, M MN NN N'cOl oooooo 000000 oo000 000000 NCD 0,0^N MV u')?O NfO PO-NM V hd N CO PO ^-N:V NNN NNNNNM Exhibit "B" Exhibit "C" SIGNATURE LOAN ACTIVATION NOTICE r-z December 7, 2005 Applicant Information: SS Applicant: WILLIAM T PHILLIPY IV Ref #: 503735 598 Work Telephone #: Approval Amount: $8,500.00 17 Home Telephone #: (?' J Account Number: V Signature: I acknowledge rec ' the PSECU LOANLINER Disclosure and Credit Agreement and agree to be bo d by the erms set forth in said agreement. crX , Signature of WILD T P LL IPY IV Date SIGNATURE LOAN OPTIONS Purpose: ii ,?-v??i2c,?i gy1 Please select one of the following Signature Loan disbursement options: Send a ? check, or ® deposit to my Share 4 (MoneyHandler/Checking Shares) Please select one of the following Signature Loan repayment options: ? Payroll Deduction ® -Home banking ? Automatic Transfer from PSECU account ? Self Service Telephone ? Coupon ? Direct Payment from another financial institution _w Exhibit "D" 'his LOANLINER' Credit and Security Agreement, which ;nctudes the. Truth in j interest on the entire balance IT you riuci crvvn nrau a roc, Y- i.or,,. .... ...-, ''Lending Disclosures, will be referred to as the Plan. The Plan documents include this I increase or the period of time necessary to repay your advance may be rxtended agreement and an Addendum. You, your and borrower mean any person who signs i the credit insurance rates may change during the P,an. If the rates change, we will ; ;he Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit {provide any notices required by applicable taw Union transfers its rights under the Plan. ` PERIODIC STATEMENT- On a regular basis you will receive a statement showing HOW THIS PLAN WORKS - This is an open-end. multi-featured credit plan. We I all transactions under the Plan during the period covered by the statement. anticipate that, from time to time, you will borrow money (called "advances") under Statements and notices will be sent to you at the most recent address you have the Plan. We are not required to make advances to you under the Plan and can I given us in writing. Unless applicable law requires notice to each joint borrower, refuse a request for an advance at any time. The Addendum describes the notice to any one of you will be notice to all. different types of credit (called "subaccounts') available under the Plan, the current JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly ' interest rate for each subaccount expressed as a daily periodic rate and responsible for paying all amounts owed. That means we can enforce our rights corresponding annual percentage rate and other charges. It may also have other under the Plan against any one of you individually or against all of you together. If you ;arms and a schedule for determining the payment amounts. give us inconsistent instructions, we can refuse to follow your instructions. Unless our i CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain written policy requires all of you to sign for an advance, each of you authorizes the subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the other(s) to obtain advances individually and agrees to repay advances made to the established credit limit. it you exceed the credit limit, you promise to repay other(s). Any joint accountholder may terminate the Plan by giving us prior written immediately the amount which exceeds the credit limit. I notice. if any of you terminate the Plan, the Plan is terminated for all of you. You REPAYMENT - You promise to repay all amounts you owe under the Plan plus remain liable individually and jointly for all advances incurred before termination. ?. Intereat Pstyments are due.on the last day of the month unless we set a different day FEES AND CHARGES - It you give us a security interest in certain types of at the time of an advance. It the Addendum has no payment schedule for a property, we may charge you a filing fee to perfect our interest in the property. If we subaccount, your payment will be determined at the time of each advance. do, the amount of the tee will be disclosed to you at the time you obtain an advance. I Payments must include any amount past due and any amount by which you have f We may also charge you other fees in connection with the Plan. Our current fees are , ((( exceeded any credit limit you have been given for a subaccount. You may repay all ; disclosed on the Addendum and will be added to your loan balance unless you pay or part of what you owe at any time without any prepayment penalty. Even if you them in cash prepay, you will still be required to make the regularly scheduled payments unless ! UPDATING CREDIT INFORMATION - You promise that you will promptly give us ' we agree in writing to a change in the payment schedule. If you have a joint written notice if you move, change your name or employment, or J any other sharedraft account, you will be responsible for paying all overdraft advances ;tion you provided to us changes. Upon our request, you also agree to obtained try a joint holder of the sharedraft account. Unless otherwise required by informformaa us updated financial information. law, payments will be applied to amounts owed under the Plan. in the manner the provide Credit Union chooses. DEFAULT - The following paragraph applies to borrowers In Idaho, Kansas, PLAN ACCESS -You can obtain credit advances in any manner authorized by us. It I Maine and South Carolina: You will be to default it you do not make a payment of we allow to use your ATM/Debit card to access the Plan, you may be liable for the the amount required when it is due. You will also be in default if we believe the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use prospect of payment, performance, or realization on any property given as security that occurs after you notify us, orally or in writing, of the loss, theft, or possible is significantly impaired. unauthorized use, if you believe your ATM/Debit card has been lost or stolen, The following paragraph applies only to borrowers In Wisconsin: You will be in immediately inform the Credit Union by calling or writing us at the telephone number or default if you fail to make a payment when due two times during any 12 month address that appears elsewhere in the Plan. If the card is used to obtain unauthorized period. You will be in default if breaking any promise made under the Plan materially advances directly from the Plan, your liability wilt not exceed $50. If the unauthorized impairs your ability to repay what you owe or materially impairs the condition, value, j withdrawal is from a sharedrafl account, your liability is governed by the Regulation E or protection of or our right in any property you gave as security. disclosures you received at the time you received your ATM/Debit card, even if the The following paragraph applies only to borrowers In Iowa. You will be in j withdrawal results in an advance being made from your overdraft subaccount. default if you are more than 10 days late in making a payment. You will also be in j FINANCE CHARGE - The dollar amount you pay for money borrowed is called a default if you do not comply with the terms of the Plan and your failure to comply -finance charge" and begins on the date of each advance. A finance charge will be ( materially impairs any property you gave as security or your ability to repay what you computed separately for each separate balance under the Plan. To compute the owe under the Plan. finance charge, the unpaid balance for each day since your last payment (or since The following paragrapheapplies to borrowers in all other states. You will be in an advance if you have not yet made a payment) is multiplied by the applicable daily ; default if you do not make a payment of the amount required when it is due. You will periodic rate. The sum of these amounts is the finance charge owed. The balance i be in default if you break any promise you made under the Plan or it anyone is in used to compute the finance charge is the unpaid balance each day after payments default under any security agreement made in connection with an advance under j and credits to that balance have been subtracted and any additions to the balance the Plan. You will be in default if you die, file for bankruptcy, become insolvent, it you have been made. In addition to interest, we may charge other finance charges which make any false or misleading statements in any credit application or update of credit are disclosed on the Addendum. If the interest rata is a variable interest rate, the information, or if something happens we believe may substantially reduce your j Addenduerexpfatns,how the variable interest rate works. ability to repay what you owe. You will be in default if any property you have given 1 SECURITY - You pledge as security for the Plan all shares and dividends and, if us as security is repossessed by someone else, seized under a forfeiture or similar any, all deposits and interest in all joint and individual accounts you have with us law, or it anything else happens that significantly affects the value of the property or I now and in the future. It a specific dollar amount is pledged for an advance, we will our security interest in it. You will also be in default under the Plan if you are in default freeze shares in that account to the extent of the outstanding balance for the under any other loan agreement with us. advance. Otherwise, your pledged shares may be withdrawn unless you are in ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers In default. The following paragraph applies in all states except in Ohio, Rhode Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Island and Massachusetts: We have a statutory lien on the shares and dividends Nebraska, South Carolina and West Virginia: When you are in default and after and, if any, the deposits and interest in all individual and joint accounts you have with expiration of any right you have under applicable state law to cure your default, we can us and may exercise our rights under the lien to the extent permitted by state law. demand immediate payment of the entire unpaid balance under the Plan without (We are state chartered if our name does not include the term "Federal Credit giving you advance notice. Union') For all borrowers: The statutory lien and/or your pledge will allow us I to apply the funds In your account(s) to what you owe when you are In default. The following paragraph applies to borrowers In all other states except Wisconsin The statutory lien and your pledge do not apply to any Individual Retirement i and Louisiana: When you are in default, we r-in require immediate payment notice waive Account or any other account that would lose special tax treatment under state or I (acceleration) orate aft you have of . demand for of the entire Unpaid of balat e aunet cde'erraete and. !ederal taw if given as security. Additional security for the Plan may be required at the time of an advance. If a i The following paragraphs apply to borrowers in all states except Wisconsin and subaccount identifies a type at property (such as "New Cars") you must give that Louisiana: It immediate payments demanded. you will continue to pay interest until type of property as security when you get an advance under ;hat subaccount. A what you owe has been repaid at the applicable interest rates in effect or, if applicab e. subaccount name such as "Other Secured" means you must provide security j at the default rate disclosed on the Addendum. If a demand for immediate payment acceptable to us when you obtain an advance under that subaccount. Property you ! has been made, your shares and/or deposes can be applied towards what you owe give as security will secure all amounts owed under the Plan and all other loans you as provided in the section above called "Seca ty" We can also exercise any other nave with us new or in the future, except any loan secured by your principal dwelling. rights given by law when you are in default Property securing other loans you have vrith us May also secure the Plan You agree the Credit Union Vas ne rign to taro uussess,on of any property given CREDIT INSURANCE - Credit Ile and-or crod,t disability insurance is optional as security under the Plan, wi n-+u; id: al pr-v eas it tn,s can be done without undet the Plan. if you quahty for and purchase the nSU•aneo fiorr. US, you au,horize breach of the peace. if we a F ou i ore e ;c dC ve r 're property at a time and us to add Ana insurance prem+ums mollihly to your ICI..=-n balance and cnn'ge you place we ch,?, ;e i InE, prnpefty ;-s ; 'r ,,t. r vi,-.,de :,r b,,,at. you agreo !hat we may r:. PSEC* Pennsylvania State Employees Credit Union PC Sou 87013 • Harrisburg, PA 17106-7013 • (7 1 7) 234-8484 Harrisburg, (800: 23,'-'328 N?ilernsrde> the financial links Loan Disclosures LOANLINER' Credit and Security Credit_Agreement (continued) .., i a Key .r n ter device necessary to unlock an l operate it, when YOU are in 4 j +e ,,t De ILsp,)ns,bie -or ary other property, not covered by this , I Agreement, treat you leave inside the property or that is attached to the property. We r; a1 try x return that property to you or make it available for you to claim. i Ai;er we have possession of the property. we can sell it and apply the money to any ar ;ou its :OU C.ve U& We will give you nOttco of any public disposition or the date after ,vn!cn a pin. a;e disposition will be held Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those ;lists may include the W.sl of storing the property, preparing it for sale and attomey's fees to the extent permitted under state taw or awarded under the Bankruptcy Code. I 'foil must pay any amount that remains unpaid atter the sale money has been applied io any unpaid calance under tine 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 Adoendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in defauft 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 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 toopay rehascoenablee expens homees Incurred in disposing of the property. It the property trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted i by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains unpaid after the safe money has been applied to what you owe under the Plan. You agree to pay interest on any unpaid amount at the same rate as the advance, or, it applicable, at the defaultrate disclosed on the Addendum, until that amount is paid. It ire property is located outside Wisconsin at the time of default, we may take possession of the property without judicial process, if permitted by the state where the property is located. The following paragraph applies only to Louisiana borrowers. When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. 1183 CANCELLING OR CHANGING THE PLAN - The following paragraph app 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 law, Any change to the interest rate or other charges will apply to The following paragraph applies only to borrowers in Wisconsin. We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that j your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law, A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only it you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers. An increase in hrie daily periodic rate under a variable interest rate is not considered a change in terns under the Plan. We can cancel the entire Plan or any part of the Plan at any hme. YOU may cancel the Plan at any time by giving us prior written notice. Your oba,gavon to pay the unpaid balances under the terms of the Plan continues whether you or ino Credit Union cancel the Plan DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -We can delay enforcing an,,, of our rights under this Plan any number of times without losing the abi ity io exercise our rights later. We can enforce this Plan against your heirs or legal representatives. it we change the terms of the Plan, you agree tnat this Plan will continue to protect us. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court tr. oe unenforceable, the rest mil remain in effect. NOTICE TO UTAH BORROWERS -This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. The following is required by Vermont law - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragraphs apply if you give security in connection with an advance under the Fian.They apply to borrowers in all states except Louisiana. Louisiana borrowers will execute a separate security agreement. Borrowers in other states may also be asked to execute a separate security agreement. THE SECURITY FOR THE PLAN - You give us what s known as a security ; nterest in all property described in any receipt, voucher or other document you receive for an advance ("the Advance'). Tine security interest you give incudes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. it also includes any money you receive from selling the property or from insurance you have on the property 11 the value of the property j declines, you promise to give us more property as security if asked to do so. . WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS -The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and any extensions, renewals refinancings the h future Advance. It also secures amounts or have under the Plan and any any other otheradvances or receive loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY - You promise that you own all property you give as security or it the Advance is to buy the property, you promise you will use 4 the Advance for that purpose. You promise that no one else has any interest in or j claim against the property that you have not already told us about. You promise not II to sell or lease the property or to use it as security for a loan with another creditor until the Advance is repaid. You promise you will allow no other security interest or I Tien to attach to the property either by your actions or by operation of taw. 1 PROPERTY INSURANCE, TAXES AND FEES - YOU must maintain property ! insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit ; Union. The amount and coverage of the property insurance must be acceptable to us, You may provide the property insurance through a policy you already have, or I+! uthe s dinsurance dOsoy through a policy you get and pay for. You promise to make payable to us and to deliver the policy o proof If you cancel your insurance and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend fortaxes, fees or insurance will be added to the unpaid balance of the advance and you rt pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to an advance may include (t) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. if we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of thiiinsurance or approximate term of the advance. INSURANCE NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The premium for this insurance may be higher because the insurance company may have given us the right to purchase insurance after uninsured collateral is lost or damaged. The Insurance will not be liability Insurance and will not satisfy any state financial responsibility or no fault laws. I PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all cost, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property, to the extent permitted by applicable taw. If USE OF PROPERTY - Until the Advance has Dean paid oft, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written i permission before making major changes to the properly or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) i 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. (') Not to retitle property in another state without telling us NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE I - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO i REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE NOTICE FOR ARIZONA OWNERS OF PROPERTY - it is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within trirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes The maximum penalty for unlawful !ailure to •etwn a mctor demo e ,3 one year in pr-son arnd or a fine of S1,50.000 This notice cont3ms important information about your rights and our responsibilities ,,nder the Fair Credit Billing Act. You are advised to read your monthly statement :and review it for any error discrepancies or unauthorized transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. if you think your statement is wrong. or if you need more information ,bout a transaction or. your statement, write us on a separate sheet at the address tsten on your statement. You are required to notify us in writing within 60 days `ollowing the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transactions on your account. Failure to notify us may result in your acceptance of any responsibility for ;x3yment or reimbursement to us for any such error or discrepancy on your account. Afrite to us as soon as possible. You can telephone us, but doing so will not preserve your rights, in y,-, r 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. it you need more information, describe the item you are not sure about. If you have authorized us to pay a credit card account automatically from your share account or checking account. you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. In this Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement, Card means the Visa Credit Card and any duplicates and renewals we issue. Account means your Visa Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. RESPONSIBILITY -If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions if you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 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 (8W) 556-5678. 3. LIABILITY FOR UNAUTHORIZED USE -You agree to notify us immediately, orally or in wnfing of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or passible unauthorized use. You will have no Liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in tha handling of your Card. in any case, your liability will not exceed 550. 4, CREDIT LINE - If we approve your application, we will establish a sell- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Une_by. the amount of. the payment which is applied to the principal. You may request an increase in your Credit Line only by wrinen 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. 5. CREDIT INFORMATION -You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to Your share or cnecisjng ancourt with us. You rnay, of course, pay more frequently, pay o than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the finance charge by doing so. If your montny payment exceeds the total credit line balance Dwed, we will 31.11017hatiCal y post the credit to your S1 shares. The minimum payment will be (ai 2''0 of your Total New Balance, rounded up to the nazi even dollar. or .,b) 520.00, whichever :s greater. In addition, at any time your Total New Balance exceeds y.ur Credit Lne, you must immediately pay the excess upon our After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can app".y any unpaid amount against yCur credit limit. You do not have to pay any questioned amount while we are investrgabng. but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake. you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. It you fail to pay the amount that we think you ewe, we may report you as delinquent However, it our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And. we must tell you the name of anyone we reported you to. We must tell anyone we repot you to that the matter has been settled between us when it finally is. It we don't follow these rules, we can't collect the first $50 of the questioned amount, even it your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address: and (b) The purchase price must have been more, than $50. These limitations do not apply if we own or operate the merchant, or it we marled you the advertisement for the property or services, demand. We will apply payments in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below). including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Computation Method Average Daily Balance for Curchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for cash each day, we take the following steps We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the arnounts of all debits and subtract the amounts of ail credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for Cash Advance Transactions. Note: Cash Advances are always subject to finance charges and from the day they are posted to your account. Payments are applied in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances. then to previous purchase balances in the order that ;hey were posted to you, account, then to current cash advance balances, Lino then to current purchase balances Credits are applied first to the particular type of debt which is being credited. f any and tnen to the balance of your account. Visa' Credit Card Agreement and Truth In Lending Disclosure (continued) ^dote also that if the total of the payments and credits which are posted to your account by the Payment Duo Date shown on a statement is equal to or exceeds the tier: 3alance snown on that statement, we will not apply the Monthly Periodic Rate in `;o'ir Account on your next statement. 8. DEFAULT - You will ben default d you fail to make any M.nimum Payment within 25 bays after your monthly statement closing date. You authorize us to transfer !ands sufficient to make the minimum payment due it your Visa loan is in default. You agree that we may temporarily suspend your ATM card access it your Visa payment s due for a period exceeding 30 days. You will also be in default it your ability to spay us is materially reduced by a change in your employment. an increase in your Jbligalions, ban<rupicy or insolvency proceedings involving you, your death or your taaure 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 t:alance 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, .ncfuding court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance. there are two alternative procedures to be followed. One is for you to present the card to a participating Visa plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the Visa system You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot tae 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. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing credit limit and the agreement it represents and the current loan policy at the time of the overdraft. You also understand that an overdraft wig be considered the same as a cash advance on your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your Visa line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your S1 Shares within 75 days. If the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the appticable central processing (sate, which rate may vary from the rate Visa itself receives, or a government-mandated rate in effect for the applicable central processing date. In eactb instance, an adjustment may be assessed based an the ISA fee imposed by Visa. This fee, which totals 1% of the transaction amount, will be assessed on all transactions where the merchant country differs from the country of the card issuer. 13. SPECIAL RULES FOR VISA PURCHASES - If you disagree or find an error with a Visa transaction. and have tried in good faith to correct the problem with the merchant or the charges are the result of unauthrrized Or fraudulent use. Or your ; purchase cost more than S50 and was made fro n a plan merchant In your state within 100 miles of your home, contact PSECL) 14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transaction on your account. Telephoning PSECU does not preserve your dispute rights. You may j be required to provide us with documentation to support your dispute claims. In addition, you may be required to compete a standard dispute form outlining the details of your dispute. In cases of fraudulent card use. PSECU will also require a I notarized affidavit. In sore cases we may ask you to notify the local authorities. If we do not receive the proper requested documentation in the time specified you may be held responsible for the transaction(s) in quostion. PSECU must adhere to i strict dispute timeframes set forth by Visa. 15. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you ' purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your { payments in the manner described in the Monthly Payment section: With respect to this account only, we will not assert any statutory right we may have it you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, if you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. 16. 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 agroement to the amendments. To the extent the law permits, and we indicate in our notice, amendments will apply to your existing account balance as well as to future transactions. 17. LATE PAYMENT CHARGE - if your Minimum Payment is not received by the first day of the month following your due date, you will be subject to a $20 charge. 16. RUSH FEES - You may incur additional charges for rush processing and rush delivery of cards andlof PIN mailer. 19. OVER LIMIT FEE - A $20 fee will be applied for each monthly statement closing date on which the outstanding balance exceeds the assigned credit limit by more than S100, 20. DRAFT COPIES - You may incur an additional charge for transaction summarylsale draft documentation. 21. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement. 22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. 23. NO USE - inactive Visa accounts that have no purchase or cash activity may be closed without notice to you after 18 months of no activity. 24. 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, ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in in this Agreement shall be subject to the rules and regulations of each account consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our which is accessed by such Card. arid us) issuing to you an ATM CARD, hereby agree to be legally bound by the following I 2, USE OF PERSONAL IDENTIFICATION NUMBER ("PIN') WITH ATM CARD terms and conditions. You agree that the use of your ATM card(s) constitutes acceptance You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated of the terms and conditions of this Agreement. You understand that ATM is a credit-related I teller. iI can and will perform many of the same tasks as a human teller. You service and you authorize PSECU to obtain a credit report on any users of this account. ; acknowledge that the Personal Identification Number or PIN which you use with the 1. ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including ATM CARD is your signature, identifies the bearer of the Card to the STAR SYSTEMS , Checking and Regular Shares), which we set forth on your application form with this ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and validates the Agreement. You hereby request that we issue to you one or more ATM CARD(s) to directions given just as your actual signature and other proof identity you and be used in convection with such accounts as described in this Agreement, authenticate and validate your directions to a human teller. You also understand that You understand you may use the ATM CARD at a STAR SYSTEMSf) ATM to (1) + a Merchant which accepts the ATM CARD for a Purchase transaction may have an I withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from electronic terminal (Merchant operated or Self-Service) which requires the use of your your account, (a) receive information regarding the balance in your account(s) or (5) PIN and when your PIN is used at a Merchant's terminal, it will authenticate and make cash advances from your credit account(s) in the amounts you request. You may validate the directions given just as your actual signature will authenticate and validate also use automated leper machines throughout the United States and in certain your directions given to us. You acknowledge that your PIN is an identification code foreign countries which bear the PLUS SYSTEMO name and logo (1) to make I that is personal and confidential and that the use of the PIN with the ATM CARD is a wdhdrrwa;s from, (2) effect transfers to or from, (3) receive information regarding the security devise for your account(s). Therefore, YOU AGREE TO TAKE ALL balances in your Checking or Regular shares. If you have a Personal Service Loan I REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PIN. approved and in place, you may also make a cash advance from your PSL. You further 3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS -You agree to contact us i understand y"uu may use the ATM CARD to purchase goods and services I at once if you believe the ATM CARD(s) issued to you or PIN has been lust or stolen ("Purchase") at any retail establishment ("Merchant") where ATM CARDS are I or money is missing from your account(s). You also agree that if your monthly accepted by such Merchant. II you use the ATM CARD to make a Purchase to obtain statement shows transactions whirl; you did riot make, and you do not contact us c.asn, it permitted by the Merchant, you shad( be requesting us to withdraw funds it the ( within 60 days after the statement was mailed to you, you may not get any money I amount of such Purchase (including any cash received from the Merchant) from your i lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN Checking Shares and directing or ordering us to pay such funds to the Merchant. TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR You request that we will provide to you such other services or access to other ATM BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(S) BY systems or networks using the ATM CARD which we may later make available and THEM. You could lose all your money in the account(s) if you take no action to notify which we advise you are offered in connection with your account(s) set forth on your PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal apphcahon fo,m. You also uncerstano that from ;erne to ti^ne you may request in Identification Number (PIN). Do not ieil or disclose vocr PIN to any Diner person. Do .av!trrg tru3i .ve provide access to addit ona, accounts of yours trroug!, the All t ! not write your PIN on your ATM CARD Do riot F,eep a written reco•d ct ;our PIN near CARD.va have issued to you.'?bu agree that the uses of the ATM CARD described your ATM CARD Do not cnoese a PIN that s easnv :dentit:nbie Elpcfronic Fynda_Transfer, AT'h1_Agceer»enf-And .Regularion_.°E" Di$clos4Lg (continued) A new care may be ordered for ;ou et that lime and n 'hold" wi+! !'e placed on yo.u :)!d card. After Such time, it you find your old card, destroy the old card by cutting it halt. If you attempt to use your old card, it will rcl work 4. CHARGES - You agree to pay a 50 cent criarge for each: deposit or withdrawal exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash disbursement transaction (loan advance or share withdrawal) that is less than $20. You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge for any adjustment that needs to be made to your account resulting from an error yc,u Trade while making a deposit at an Automated Teller machine (ATM). You agree to pay the charges or transaction fees which are charged by us for these services or for services which may later be offered as such lees or charges may be imposed or changed from time to time. 5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS ATM that we have the right to verity (tie deposit before we make the money available to you. It you deliver cash, checks or other items to a STAR SYSTEMS ATM, you understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular account in which you are making a depose, the items that you are depositing and whether the deposit is made at a STAR SYSTEMS ATM that is owned by us or another financial institution. You also understand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the amount of funds which may be deposited and that we may not control these limits. 6 , LIABILITY -- it the ATM CARD is issued for a joint account, you agree to be ;oinily and sefverafty Bettie under the terms of this Agreement and the agreement for such account. You agree that it you make deposits or payments to your account(s), with items other than cash (checks, drafts or other items) and we make funds available to you from such deposits prior to their collection, you agree that we may deduct the amounts of such funds from your account(s) which are not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are not collected. 7. AMENDMENT OF THIS AGREEMENT -You agree that from time to time we may amend or change the terms of this agreement including amendments or changes to add further ATM CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the ATM CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. 8. OWNERSHIP - You agree that the ATM CARD is our property and you will surrender 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 inform rig you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. Or write to us at: Pennsylvania State Empic,yeis Cre:bt UriGn P.O. Box 67013 Harrisburg, PA 17106.7013 PSECU Business hours. 8.00 a.m. - 5:00 p.m. to • F TDD (800) 472.1967 Nationwide (717) 777-2100 in Harrisburg j 4. FINANCIAL INSTITUTION'S BUSINESS DAYS - • ATM, ACH and SST - PSECU's Business Days are Monday through Friday. Holidays not included. 5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE - • ATM - Balance inquiries on checking, savings and PSL; withdrawals from checkinglsavings; cash advance from PSL; deposits to checkinglsavings: purchase goods and services at any accepting retail establishment. • ACH - Preauthorizod debits and credits to checking and savings. • SST - Balance inquiries and transaction histories on all share, certificate and loan accounts; transfers from any share to another share or loan account from your PSL to any share or loan account; withdrawals from any share except IRA shares or certificates. 6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE RIGHT TO MAKE TRANSFERS - • ATM - Fifty cents for each disbursement (cash advance or withdrawal) less than $20; fifty cents for each transaction over 15 per month; 25 cent for each balance inquiry; and there may be an additional charge for any adjustment ! that needs to be made to the account of any member who makes an error while depositing at an Automated Teller machine (ATM). • ACH - $30 service charge for insufficient funds for each electronic transfer. • SST - none 7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF ii EFT'S - • ATM - You are entitled to receive a printed receipt at the time of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST -You will receive a monthly statement showing the status of I 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 deposit made to your account at least once every 60 days from the same person or company, you can call us at (800) 237.7328 to find out whether or not the deposit has been made. 8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS - • ATM and SST - Not applicable. • ACH - Right to Slop Payment and Procedures for doing so. If you have told ®ue --t-. na-fs nut of vour account. you can stop REGULATION "E" DISCLOSURE i. ELECTRONIC CHECK CONVERSIOWELECTRONIC RETURNED CHECK FEES - It you pay for something with a check or share draft, you may authorize it to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY - • ATM, ACH and SST - Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. 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 it someone used your card without your permission. If you do riot 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 it you had told us, you could lose as much as S500- Also . if your statement shows transfers that you did not make, tell us at once it you do not tell us within 60 days after the statement was marled to you. you may not get back any money you lost after the 60 days if we can prove that we could nave stopped someone from taking the money it you had told us in time if a good reason such as a long trip or a hospital stay kept you from telling us, we will extend the time periods. 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED TRANSFERS - • ATM - Contact PSECU at (800) 237-7328 EaT 3808 (nationwide( or (?17) 234.8484 (in Harrisburg) After hours, follow the menu options on PSECU's voice mad system to report a Icst or stolen card. For Visa Credit ar Debit Cads, folicw the direcrions for Lost Card Not;fical,on under the Vasa Credit Card Agreement and Truth-+n Landing Disclosures section o/ this document. • ACH and SST - Contact PSECU at (800) 237-7328 (nationwi0e, or (717) 234-8:84 (+n Hams uurg) any of these payments. Here's how: Call us at (800) 237.7328 (Nationwide) or (717) 234.8484 (Harrisburg) or write us at: Pennsylvania State Employees Credit Union, PM Box 67013, Harrisburg, PA 17106.7013, in time for us to receive your request three business days or more before the payment is scheduled to be made. It you call, we may also require you to put your request i 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, i when It will be made and how much it-Will be. You may_qh4ose inslpp.439 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 I limits that you set. • Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three business days or more before I 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 i 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: (t) 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 td) the transaction you request would exceed the funds in your account plus any available overdraft protection; (5) the STAR Systems, PLUS system has insufficient cash to complete the transaction; (6) your card has been roported lost or stoien and you are using the reported card; (7) PSECU has reason to believe that the transaction requested is unauthorized, (8) the failure is oue 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, ^I h t is not a at a STAR Systems, PLUS System, or merchant termina t a €legtronic Fung ...TraoVer_ATM Agreement ond.R09010pn "£" O(sCiPsure (continued) pertrissiole transaction fiste.1 ,ab::ve, Or. tie lrv sacs on ::our' excrred ', . n e, se, cL.nl,, limdanons on the so r.' your AT 5:1 CARD • ACH and SST - if PSECU fads to Cnmpiete a trarsaction un time or in ;ne r(irrect amount, when properly instructed by you. PSECU will be liable for damages caused by our failure unless: (1) there are insufficient funds in your account to complete the transfer. (2) the funds in your account are uncollected; (3) the funds are subject to legal process: (4) the transaction you request would exceed the funds in your account plus any available overdraft credit, (5) PSECU has reason to believe that the transaction requested is unauthorized; (6) the failure was caused by an act of God. fire, or other catastrophe. or by another cause beyond control. In any case, PSECU shall be liable only for actual proven and not consequential damages it the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. to. DISCLOSURE TO THIRD PARTIES - • ATM, ACH and SST - PSECU will disclose information about your account to third parties: (1) when it is necessary to complete transactions; (2) to verily the existence and standing of your account with PSECU upon request of third party, such as a credit bureau; (3) to comply with government agency or court orders; (4) in accordance with your written permission; (5) to comply with government or administrative agency summonses, subpoenas, or court orders: (6) on receipt of certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978: Regulation P, Privacy of Consumer Financial Information; and (7) when it is necessary to take legal action to recover shares. 11. STAR SYSTEMS SERVICES -- • ATM Only - You may use your ATM CARD with your Personal Identification Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some ATMs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all ATMs may accept deposits. There may also be limits an 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). j 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 - i ATM Only - From time to time, PSECU may make arrangements with other ATM networks to grant access to ATM CARDS. PSECU shall inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described. 14. PURCHASE TRANSACTIONS - • ATM Only - You may use the ATM CARD to purchase goods and services ('Purchase') at any retail estaolishment ('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 Checlong 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 fray wihdraw up to S500 per day from one or a combination of your accounts by using a ATM CARD provided the funds are available at a STAR SYSTEMs or PLUS SYSTEM ATM. In addition, you may withdraw purchase up to S500 at point M sale locations PSECU reserves the right to reduce this daily limit at any time. In the event that your daily limit s less than $500. FSECU fall advise you of the new ?imitation. The day Icf 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 file i frequency of use of the ATM CARD. However, these limitations are nct revealed for security reasons. The °ertnsyivania State Employees Creo t Union is not obliged to maintain SU4h limitations. You will be denied use of your ATM CARD if you exceed the daily withdrawa(.'purchase limit, if you do not have adequate funds available in your account, do not enter the correct Personal Identification Number (PIN), or exceed the frequency of usage limitation The receipt provided by the STAR SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will notify you of the i denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit will result in machine retention of our ATM CARD. The number I of attempts that result in machine retention is not revealed for security purposes. 16. ERROR RESOLUTION PROCEDURES - • ATM, ACH and SST - In case of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237.7328 Nationwide, TOD (800) 472- 1967 Nationwide. (717) 777-2100 in Harrisburg, or write PSECU al: Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA 17106-7013, as soon as you can if you think your statement or receipt is ! wrong, or if you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no later than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and ATM CARD number (if a ATM transaction), or reference number (it Self- Service Telephone Transaction); (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or wily you need the information, and; (c) The dollar amount of the suspected error. if you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will tell you the results of the investigation within 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for STAR SYSTEMS purchase transactions. If we need more time, however, we may take up to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for STAR SYSTEMS purchase transactions. if PSECU decides to do this, it will recradit your account within 10 business days for the amount you think is in error if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days if it is a STAR SYSTEMS purchase transaction. You will have the use of the money during the time it takes to complete the investigation. If PSECU does not receive your complaint or question in writing within 10 business days, PSECU may not recredit your account. if PSECU decides there is no error, you will be advised within three business days after the investigation is completed. You may ask for copies of the documents PSECU used in the investigation. If PSECU credits your account white investigating, you must repay those funds if PSECU concludes no error has occurred. 17. ATM SURCHARGE - if you use an ATM that is not operated by us, you may be charged a fee by the ATM operator and by any national, regional or local network used in processing the *ansacbon (and you may be charged a fee for a balance Inquiry even it you do not complete a fund transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction. Notice To Consumers Using ATM's • Be alert to your surroundings. 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: N TU ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINSTTHE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. LLJI Lei I M C O •C .D V O o E- m d O a N C = 0 CL S D V A? W Q .U J C ° T' y S o p O Y p rq d O L _ V E O o o -o ?v C ? Q y N 0 3 ui O .n o -0 m O `= o M E gSooOC'oOO<?oOaOOOOOOOO E YNa Or. Ki .na MC??C o. w r, o ?n vMN .. ..- N e m c m r> C O O C 'a T 7. Y O a O C0 a v? 11 0 Co, C C C E mo O O O G J O ?} O 0 7 0 0 0 C v C 0 co," OaO C4-i N O-O N O E6 O? `? ?V ? O V O N Y' Cq E f- O M M M N N (4 N N - E-- - - - .- M M 0 > > c a E CS -2- 0 ? .'?. a ? N V! N mNm U h op VV m 0 o .v Y - o m o a E €3g €?'g $g g g g g g $ $ $ ? $ ? $ r? "'?5 u> a? c _5 ? ?5 Q ?5 5 Q r c? Qc ? 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'18.50 Pn A7W C,,'' 904$ kT* aa517a Sheriff s Office of Cumberland County R Thomas Kline ~$~~,xr at euwbrrl,~~~ nuwuru i, ~cuu,pp Sheri ~ Solicitor ;e, ~. ~. ;,~ `~~~ Jod S Smith Ronny R Anderson ~ °~ Y Chtef Deputy r~~ pe rye $~+~RiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 08:03 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states tFtat on June 8, 2009 at 2003 hours, he served a true copy of the within Complaint and Notice, upon the wlithin named defendant, to wit: William T. Phillipy, IV, by making known unto himself personally, defendant at 236 Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the Same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, June 09, 2009 2009-3101 Pennsylvania State Fhlployees Credit Union v William T. Philipy, IV ~~~~w~' R THOMAS KLINE, ERIFF Putt i N O ~ ~ . 't7 tti1 G... r,t,T; f ' '- ~ ~ ~= i'ri~ . _ ' 1 .n r N 'n Ct~ ~ ~=-~. ~P~.: x ` ~ ~ C~ CA) OG ~~ Van Eck & Van Eck, P.C. P.O. Box 6b62 Harrisburg, PA 17112 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. WII,LIAM T. PHn,LIPY IV :IN THE COURT OF COMMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA :No. 09-3101 Civil Term CIVIL ACTION -LAW Defendant AN_ SWER , AND NOW, comes Defendant, William T. Phillipy ITV, and files the following Answer: 1. COMPLAINT Admitted that Defendant is an adult individual, b~ given name William T. Phillipy IV, with a current address at 236 Erford Road, damp Hill, Pennsylvania. 2. Count II -BREACH OF CONTRACT (SIGNAITURE LOAN) ITEM 33; DENIED: "Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant'b. Defendant has not received a proper itemized and comprehensive statement of account as avenged in Plaintiff's statement. Defendant remains without referenced comprehensive statement for pwrposes of account reconciliation. ITEM 38; DENIED: Conditions of the contract stipulating collection of attorney's fees are; not referenced in "Exhibit D" as indicated by Plaintiff. Rather, these 'conditions are established under the contract Addendum, which indicates Defendant agrees to "reasonable attorney fees" as part of Plaintiff's collection expense. Defendant submits that One Thousand Four Hundred Eighty-eight Dollazs and 211100 ($1,488.21) or sixteen percent (16°Yo) of outstanding amount alleged to be owed by Defendant is NOT a reasonable attorney fee. ITEM 40; ADMITTED 1N PART AND DENIED IN PART: Defendant admits that the amount in controversy is within the jurisdictional amourn requiring compulsory arbitration. However, Defendant would like to request that Mediation be conducted for the purpose of resolving the alleged outstanding balance owed. EXI-IlBIT A: SIGNATURE LOAN ACTIVATION NOTICE:. The "Signature Loan Activation Notice" included in Plaintiff s COMPLAINT as "Exhibit C" is faulty and invalid due to the following substantial flaws: a) Plaintiff s Social Security Number is not present on this document as required for establishing ownership. b) Account Number is not present on this document as required far establishing ownership. c) The referenced Activation Notice is not dated as required making it impossible to establish the date of authorization. WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiff s Complaint due to non-receipt of a comprehensive account statement by Defendant; excessive Attorney fees requested by Plaintiff; and flawed "Signature Loan Activation Notice" as presented by Plaintiff. If this Honorable Court shall find in favor of Plaintiff, Defendant respectfully requests the reduction of Attorney fees to a reasonable amount which should more appropriately fall between five percent and ten percent (5% and 1CW/o) of balance owed; and Defendant hereby requests this Honorable Court to allow Mediation to occur between Plaintiff and Defendant prior to rendering a decision in this case. Respectfully submitted, A ,~----- William T. Phillipy , IV / 236 Erford Road Camp Hill, PA 1701 ~,~ $ ~~ ~°~ °1 Date EXHIBTT ~~A" • , ' ~.... ~ t .... SIGNATURE LOAN ACTIVATION NOTICE DecemI~'er 7, 2005 ~` Applicant Information: Signahtre: SS #: 'Applicant: WILLIAM T PHILLIPY IV ~• Ref #: 503735 598 Work Telephone #: Approval Amount: $8,500.00 ~ Home Telephone #: (~'" -~ Account Number: I acknowledge agree to be boi ~K Signature of the PSECU ~,OANLINER Disclosure and Credit Agreement and ~e~erms set forth in said agreement. C Z A IV Date SIGNATURE ~.OAN OPTIONS '. Propose: ~ it ~ C.n--a~ ~i a:~-r A~1 Please select one of the following Signature Loan disblursement options: Send a ^ check, or ® deposit to my Share 4 I(MoneyHandler/Checking Shares) Please select one of the following Signature Loan repayment options: ~~ ^ Payroll Deduction ®Home banking ^ Automatic Transfer from PSECU account d Self Service Telephone ^ Coupon ^ Direct Payment from another financial institution ~,w VE C TION I, WILLIAM T. PHILLIPY IV, hereby verify'that the facts contained in the foregoing ANSWER are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification tQ authorities. r _ ~-~" - William T. Phillipy Defendant Date ~: "} 1 +l _ L u U ~ .~ ~ . ~ ~ I~' i ~~ C • ~ ~ ~ _ ., . u„~.::; . ~~ •,a~~.~ .hv ~ ~.:, „ ~ l_~~ ; ;' ' a pct • 3101 ~ ~ v i l~el"~ CERTIFICATE O_ F S,T'RVICE I, William T. Phillipy IV, Defendant in this case, hereby certify that service of the foregoing ANSWER was served upon the following by Certified Mai1/Return Receipt Requested, and by First Class maiUPostage Prepaid. William T. Phillipy , IV / 236 Erford Road Camp Hill, PA 17011 G ~~ ~ ©~ Date ^ Complete items 1, 2, and 3. Also compleke item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~~ ti/~~ ~"" ^ Agent ^ A dre B-.+~R ~ ived `Prin ~N~a~m~e)~ C. Dat fof Del' W irti 1/~.. L~~~~i Y`7/1 1 L ~7 l Q ~~ D`1s delivery address different from item 14 U Yes If YES, enter delivery address below: ^ No ~'] 3. Service Type 0 ~-di fC ^ Certified Mail ^ Express Mail 14J~ ^ Registered ^ Return Receipt for Merohandise ~ ,w ~~~ ~~ ~"l~ `~ ^ Insured Mail ^ C.O.D. C ~l~/`r~~ 4. Restricted Delivery? (Extra Fee) ^ Y~ 2. Article Number 7 0 0 g Q 8 2 ~ a o a o 18 5 7 [1.515 (Transfer from service !at Ps Form 3811, August 2001 Domestic Return Receipt 702595-02-M-1035 nII i.i,,. ..J . ~ . r _ ~ ~' .. ~ ~ PENNSYLVANIA STATE EMPLOYEES, : COURT OF COMMON PLEAS OF CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. WILLIAM T. PHILLIPY, IV, DEFENDANT 09-3101 CIVIL TERM ORDER OF COURT AND NOW, this ~- day of September, 2009, the appointment of Douglas Marcello, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Katie Maxwell, Esquire, is appointed in his place. By the Co ~Iliam C. Kollas, Esquire Chairman Edgar B ~atie Maxwell, Esquire Court Administrator - e,v p y :sal / ~o ~ ~S ~.~< <~C 4/31~~ t~~~,.~ -~? C~ 2~J9 S~' -2 F'~ ~ ~; ~ Q ... ~; ~~