HomeMy WebLinkAbout09-8390IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. Oq - 8340 ?,IV? It°JrM
CREDIT UNION, ,
Plaintiff
VS.
CORY L HEIKEL ,
Defendant CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S Bedford St
Carlisle, PA 17013
717-249-3166
800-990-9108
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION, ,
Plaintiff
VS.
CORY L HEIKEL
Defendant : CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Num. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demands puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin 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 O
GRATIS.
Cumberland County Bar Association
32 S Bedford St
Carlisle, PA 17013
717-249-3166
800-990-9108
Document #: 180057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
VS.
CORY L HEIKEL
Defendant
NO. 4 9- F310 Oc {V 7-tt..-
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, Cory L Heikel, is an adult individual with a last known address of 917
Greenbriar Drive, Mechanicsburg, PA 17050.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicants.
4. Defendant applied to Plaintiff for a personal service and Visa loan.
5. The application submitted by Defendant was approved by Plaintiff.
6. 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
Document #: 180057.1
Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit
«B„
7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "B".
8. Various charges and payments were made by Defendant on the account.
9. Defendant has defaulted on the loan by failing to make timely and regular
payments.
10. The last payment made by Defendant on the personal service loan was on July 18,
2008 and the Visa loan was on July 21, 2008.
11. Defendant was required under the contract to make regular and timely payments.
12. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
13. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
14. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant have
failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of December 2, 2009, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Nine Thousand Four Hundred Fourteen Dollars and 04/100
($9,414.04).
Document #: 180057.1
17. 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.
18. 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.
19. For purposes of this action, Plaintiff believes, and therefore avers, that Two
Thousand One Hundred Forty-nine Dollars and 01/100 ($2,419.01) 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.
20. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
21. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
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, Cory
L Heikel, in the amount of Eleven Thousand Five Hundred Sixty-three Dollars 051100
($11,563.05), 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: C4, ? A? L
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 ??@l
Date: G -3 - M
JAIN ^14
PERSONAL SERVICE LOAN AND VISA ACTIVATION NOTICE
Loan Information December 15, 2003 Ref #:
Approval Amount: $9,000.00 Account # : SS #: 1AA
Applicant: CORY L HEIKEL
Home Telephone #: Work Telephone #
I acknowledge receipt of the PSECU LOANLMR Disclosure and Credit Agreement and agree to be bound'
by the terms set forth in said agreement.
Signature of CO L HEIKEL Date
Personal Service Loan Options
• I would like an immediate Personal Service Loan advance of $ Purpose:
Send a ? check or ? deposit to my Share 4
• Select your Personal Service Loan repayment option.
? Payroll deduction ? Automatic Transfer ? Direct Payment Cl Homebanking ? Self Service Telephone
• 1 11 want ? do not want overdraft protection from my Personal Service Loan.
VISA Options
• 1 would like an immediate VISA advance of $ Purpose:
Send a ? check, or ? deposit to my Share 4
You must select your VISA loan transaction repayment option.
? Transfer on Pay Day (select one):
? minimum amount ? alternate payment amount of $
? Transfer automatically on the 25th of each month (select one):
? minimum amount 0 alternate payment amount of $
? Mail a payment monthly by the 25th.
? previous month's balance
• You may have one additional card issued on your VISA account. Indicate your choice below:
Please issue an additional card in the name below. I authorize him/her to use it and I accept full responsibility for all charges and/or cash advances just as
though I made them. Authorized card holders may not order replacement cards or obtain VISA account information (i.e. detailed transactions, balance
information, payment activity), CORY L HEIKEL must sign below.
Name of Authorized Card Holder Signature of Y L HEIKEL
SCANNER
Exhibit "A"
Exhibit "B"
PSECO
the financial link,M
venns ynt, pia State Employees LR edit Union
P.O. Box 67013 o Harrisburg, PA 17106-7013 s (717) 234-8484 Harrisburg, (800) 237-7328 Nationwide
Loan Disclosures
This LOANLINER° Credit and Security Agreement, which includes the Truth in
Lending Disclosures, will be referred to as the Plan, The Plan documents include
this Agreement and an Addendum. You, your and borrower mean any person who
signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the
Credit Union transfers its rights under the Plan.
1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We
anticipate that, from time to time, you will borrow money (called "advances") under
the Plan. We are not required to make advances to you under the Plan and can
refuse a request for an advance at any time. The Addendum describes the
different types of credit (called "subaccounts") available under the Plan, the current
interest rate for each subaccount expressed as a daily periodic rate and
corresponding annual percentage rate and other charges. It may also have other
terms and a schedule for determining the payment amounts.
2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain
subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the
established credit limit. If you exceed the credit limit, you promise to repay
immediately the amount which exceeds the credit limit.
3. REPAYMENT -You promise to repay all amounts you owe under the Plan plus
interest. Payments are due on the last day of the month unless we set a different date
at the time of an advance. If the Addendum has no payment schedule for a
subaccount, your payment will be determined at the time of each advance. Payments
must include any amount past due and any amount by which you have exceeded any
credit limit you have been given for a subaccount. You may repay all or part of what
you owe at any time without any prepayment penalty. Even if you prepay, you will still
be required to make the regularly scheduled payments unless we agree in writing to
a change in the payment schedule. If you have a joint share draft account, you will be
responsible for paying all overdraft advances obtained by a joint holder of the share
draft account. Payments will be applied in the order the Credit Union chooses.
4. PLAN ACCESS -You can obtain credit advances in any manner authorized by
us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable
for the unauthorized use of your ATM/Debit card, You will not be liable for
unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft,
or possible unauthorized use. If you believe your ATM/Debit card has been lost or
stolen, immediately inform the Credit Union by calling or writing us at the telephone
number or address that appears elsewhere in the Plan. If the card is used to obtain
advances directly from the Plan, your liability will not exceed $50. If the unauthorized
withdrawal is from a share draft account, your liability is governed by the Regulation
E disclosures you received at the time you received your ATM/Debit card, even if the
withdrawal results in an advance being made from your overdraft subaccount.
5. FINANCE CHARGE -- The dollar amount you pay for money borrowed is called
a "finance charge" and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance ff you have not yet made a payment) is multiplied by the applicable daily j
periodic rate. The sum of these amounts is the finance charge owed. The balance
used to compute the finance charge is the unpaid balance each day after payments
and credits to that balance have been subtracted and any additions to the balance
lave been made. In addition to interest, we may charge other finance charges which o
are disclosed on the Addendum. If the interest rate is a variable interest rate, the o
4ddendum explains how the variable interest rate works. n
L SECURITY - You pledge as security for the Plan all shares and dividends and, li
I any, all deposits and interest in all joint and individual accounts you have with us 1
low and in the future. If a specific dollar amount is pledged for an advance, we will p
reeze shares in that account to the extent of the outstanding balance for the
idvance. Otherwise, your pledged shares may be withdrawn unless you are in al
iefault. The following paragraph applies in all states except in Ohio, Rhode A
sland and Massachusetts: We have a statutory lien on the shares and dividends 13
md, if any, the deposits and interest in all individual and joint accounts you have with us
is and may exercise our rights under the lien to the extent permitted by state law. in
We are state chartered if our name does not include the term "Federal Credit us
Won.") For all borrowers: The statutory lien and/or your pledge will allow us 14
3 apply the funds in your account(s) to what you owe when you are in default. i(
'he statutory lien and your pledge do not apply to any Individual Retirement
,ccount or any other account that would lose special tax treatment under state or be
?deral law if given as security.
as
dditional security for the Plan may be required at the time of an advance. If a Th
ubaccount identifies a type of property (such as "New Cars") you must give that de,pe of property as security when you get an advance under that subaccount. A per
ibaccount name such as "Other Secured" means you must provide security im
-ceptable to us when you obtain an advance under that subaccount. Property you or
ve as security will secure all amounts owed under the Plan and all other loans you
ave with us now or in the future, except any loan secured by your principal dwelling. if y
roperty securing other loans you have with us may also secure the Plan. If y you
PROPERTY INSURANCE, TAXES AND FEES - You must maintain property imp
surance on all property that you give as security under the Plan. You may purchase and
CUNA MUTUAL GROUP, 1990, 82.84. 86, 89, 98, 99, 2000, 01. 02, 03, ALL RIGHTS RESERVED
the proTperhety insurance from anyone you choose who is acceptable to the Credit
Union. amount and coverage of the property insurance must be acceptable to
us. You may provide the property insurance through a policy you already have, or
through a policy you get and pay for. You promise to make the insurance policy
payable to us and to deliver the policy or proof of coverage to us if asked to do so.
If you cancel your insurance and get a refund, we have a right to the refund. If the
property is lost or damaged, we can use the insurance settlement to repair the
property or apply it towards what you owe. You authorize us to endorse any draft or
check which may be payable to you in order for us to collect any refund or benefits
due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
If you do not pay the taxes or fees on the property when due' or keep it insured, we
may pay these obligations, but we are not required to do so. Any money we spend'
for taxes, fees or insurance will be added to the unpaid balance of the advance and
you will pay interest on those amounts at the same rate you agreed to pay on the
advance. We may receive payments in connection with the insurance from a
company which provides the insurance. We may monitor our loans for the purpose
of determining whether you and other borrowers have compiled with the insurance
requirements of its loan agreements or may engage others to do so. The insurance
charged added to your advance may include (1) the insurance company's payments
to us and (2) the cost of determining compliance with the insurance requirements. If
we add amounts for taxes, fees or insurance to the unpaid balance of your advance,
we may increase your payments to pay the amount. added within the term of the
insurance or approximate term of the advance.
8. NOTICE - If you do not purchase the required property insurance, the insurance
we may purchase and charge you for will cover only our interest in the property. The
Insurance will not be liability Insurance and will not satisfy any state financial
responsibility or no. fault laws.
9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional
under the Plan. If you qualify for and purchase the insurance from us, you authorize
us to add the insurance premiums monthly to your loan balance and charge you
interest on the entire balance. If you elect credit insurance, your payments may
increase for the period of time necessary to repay your advance may be extended
beyond the approximate term stated on the Addendum. The credit insurance rates
may change during the Plan. If the rates change, we will provide any notices
required by applicable law.
10. PERIODIC STATEMENT - On a regular basis you will receive a statement
showing all transactions under the Plan during the period covered by the statement.
Statements and notices will be sent to you at the most recent address you have
given us in writing. Unless applicable law requires notice to each joint borrower,
notice to any one of you will be notice to all.
11. JOINT ACCOUNTS - If this is a joint account, each of you is individually and
ointly responsible for paying all amounts owed. That means we can enforce our rights
under the Plan against any one of you individually or against all of you together. If you
give us inconsistent instructions, we can refuse to follow your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
ther(s) to obtain advances individually and agrees to repay advances made to the
ther(s). Any joint accountholder may terminate the Plan by giving us prior written
otice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain
able individually and jointly for all advances incurred before termination.
2. FEES AND CHARGES - If you give us a security interest in certain types of
roperty, we may charge you a filing fee to perfect our interest in the property. If so, the
amount of the fee will be disclosed to you at the time you obtain an advance. We may
so charge you other fees in connection with the Plan. Those fees are disclosed on the
ddendum and will be added to your loan balance unless you pay them in cash.
. UPDATING CREDIT INFORMATION -You promise that you will promptly give
written notice if you move, change your name or employment, or if any other
formation you provided to us changes. Upon our request you also agree to provide
updated financial information.
DEFAULT - The following paragraph applies to borrowers in Idaho,
ansas, Maine and South Carolina: You will be in default if you do not make a
yment of the amount required when it is due. You will also be in default if we
have the prospect of payment, performance, or realization on any property given
security is significantly impaired.
e following paragraph applies only to borrowers In Wisconsin: You will be in
fault if you fail to make a payment when due two times during any 12-month
iod. You will be in default if breaking any promise made under the Plan materially
pairs your ability to repay what you owe or materially impairs the condition, value,
protection of or our right in any property you gave as security.
e following paragraph applies only to borrowers in Iowa: You will be in default
ou are more than 10 days late in making a payment. You will also be in default if
do not comply with the terms of the Plan and your failure to comply materially
airs any property you gave as security of your ability to repay what you owe
er the Plan
PSECU FORM #3148
LOANLINER9 Credit and Security Credit Agrees (continued)
The following paragraph applies to borrowers in all other states: You will be in
default if you do not make a payment of the amount required when it is due. You will
be in default if you break any promise you made under the Plan or if anyone is in
default under any security agreement made in connection with an advance under
the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you
make any false or misleading statements in any credit application or update of credit
information, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will also be in default under the Plan if you are in
default under any other loan agreement with us.
15. ACTIONS AFTER DEFAULT - The following paragraph applies to
borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine,
Massachusetts, Missourl, Nebraska, West Virginia and South Carolina: When
you are in default and after expiration of any right you have under applicable state
law to cure your default, we can demand immediate payment of the entire unpaid
balance under the Plan without giving you advance notice.
The following paragraph applies to borrowers in all other states except,
Wisconsin and Louisiana: When you are in default, we can require immediate
payment (acceleration) of the entire unpaid balance under the Plan. You waive any
right you have to demand for payment, notice of intent to accelerate and notice of
acceleration.
The following paragraphs apply to borrowers in all states except, Wisconsh
and Louisiana: If immediate payment is demanded, you will continue to pay interes
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 paymea
has been made, the shares and deposits given as security for the Plan can be
applied toward what you owe. We can also exercise any other rights given by law
when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security for an advance under the Plan without judicial process if this can be done
without breach of the peace. If we ask, you promise to deliver the property at a time
and place we choose. We will not be responsible for any other property, not covered
by this Agreement, that you leave inside the property or that is attached to the
property. We will try to return that property to you or make it available to you to claim.
After we have possession of the property, we can sell it and apply the money to any
amounts you owe us. We will give you notice of any public sale or the date after
which a private sale will be held Our expenses for taking possession of and selling
the property will be deducted from the money received from the sale. Those costs
may Include the cost of storing the property, preparing it for sale and attorney's fees
to the extent permitted under state law or awarded under the Bankruptcy Code. The
rest of the sale money will be applied to what you owe under the Plan.
You will also have to pay any amount that remains unpaid after the sale money has
been applied to any unpaid balance under the Plan. You agree to pay interest on that
amount at the same rate as the advance, or, if applicable, at the default rate
disclosed on the Addendum, until that amount has been paid.
The following paragraph applies only to Wisconsin borrowers: When you are in
default and after expiration of any right you have under applicable state law to cure
your default, we may require immediate payment of your outstanding loan balance
under the Plan and seek possession of the property given as security. You may
voluntarily give the property to us if you choose, or we may seek to take possession
of the property by judicial process. If we repossess the property, you agree to pay
reasonable expenses incurred in disposing of the property. If the property is a motor
vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required
to pay any costs permitted by Section 422.413 of the Wisconsin Statutes.
The following paragraph applies only to Louisiana borrowers: When you are in
default, we can require immediate payment (acceleration) of the entire unpaid
balance under the Plan..You waive any right you have to demand for payment, notice
of intent to accelerate and notice of acceleration. If immediate payment is
demanded, you will continue to pay interest until what you owe has been repaid at
the applicable interest rates in effect unless a default rate is disclosed on the
Addendum. If a demand for immediate payment has been made, the shares and
deposits given as security for the Plan can be applied toward what you owe. We can
also exercise any other rights given by law when you are in default and our rights
under any security agreements you have with us.
16. CANCELLING OR CHANGING THE PLAN - The following paragraph
applies only to borrowers In Illinois: We have the right to change the terms of the
Plan from time to time after giving you any advance notice required by law. Any
change to the interest rate or other charges will apply to future advances.
The following paragraphs apply only to borrowers in Wisconsin: We can
change the terms of the Plan from time to time in accordance with Section 422.415
of the Wisconsin Statutes. You will be notified of any change in terms. An increase
in the daily periodic rate under a variable rate interest rate is not considered a
change in terms under the Plan.
We can cancel the entire Plan or any part of the Plan at any time. You may cancel
the Plan at any time by giving us prior written notice. Your obligation to pay the
unpaid balances under the terms of the Plan continues whether you or the credit
union cancel the Plan, except to the extent that your liability is limited by Section
422.4155 of the Wisconsin Statutes.
The following paragraph applies only to borrowers in Iowa: We can change the
terms of the Plan from time to time after giving you any advance notice required by
aw. A change that increases the rate of finance charge or other charge, that
ncreases the amount of your payments, or that otherwise adversely affects existing
balances will apply to ei. d balances only if you agree to the change or you use
the Plan after receiving notice that your use of the Plan means you agree the
change applies to existing balances.
The following paragraph applies to borrowers in all other states: We have the
right to change the terms of the Plan from time to time after giving you any advance
notice required by law. Any change in the interest rate will apply to future advances,
and at our discretion, and subject to any requirements of applicable law, will also
apply to unpaid balances.
The fo/oowfng paragraph applies to all borrowers other than Wisconsin
borrowers: A
. increase in the daily periodic rate under a variable interest rate is not
considered a change in terms under the Plan. We can cancel the entire Plan or any
part of the Plan at any time. You can cancel the Plan at any time. Your obligation to
pay the unpaid balances under the terms of the Plan continues whether you or the
Credit Union cancel the Plan.
17. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can
delay enforcing any of our rights under this Plan any number of times without losing
the ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of the Plan, you agree that this Plan
will continue to protect us.
18. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a
court to be unenforceable, the rest will remain in effect.
19. NOTICE TO UTAH BORROWERS - This written agreement is a final
expression of the agreement between you and the Credit Union. This written
agreement may not be contradicted by evidence of any oral agreement.
20. THE SECURITY FOR THE LOAN -You give us what is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an Advance ("the Advance"). The security interest you give includes all
accessions. Accessions are things which are attached to or installed in the
property now or in the future. The security interest also includes any replacements
for the property which you buy within 10 days of the Advance or any extensions,
renewals or refinancing of the Advance. It also includes any money you receive
from selling the property or from insurance you have on the property. If the value
of the property declines, you promise to give us more property as security if asked
to do so.
21. WHAT THE SECURITY INTEREST COVERS - The security interest secures
the Advance described in the receipt, voucher or any other document.you_ receive at
the time of the Advance and any extensions, renewals or refinancings of the
Advance. It also secures any other advances you have now or receive In the future
under the Plan and any other amounts or loans, including any credit card loan, you
owe us for any reason now or in the future, except any loan secured by your principal
residence. If the property is household goods as defined by the Federal Trade
Commission Credit Practices Rule, the property will secure only the Advance and
not other amounts you owe.
22. OWNERSHIP OF THE PROPERTY -You promise that you own the property or
if the Advance is to buy the property, you promise you will use the Advance for that
purpose. You promise that no one else has any interest in or claim against the
property that you have not already told us about. You promise not to sell or lease the
property or to use it as security for a loan with another creditor until the Advance is
repaid. You promise you will allow no other security interest or lien to attach to the
property either by your actions or by operation of law.
23. PROTECTING THE SECURITY INTEREST - If your state issues a title for the
property, you promise to have our security interest shown on the title. We may have
to file what is called a financing statement to protect our security interest from the
claims of others. If asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property. You promise to pay all costs, including but not limited to any
attorney fees, we incur in protecting our security interests and rights in the property,
to the extent permitted by applicable law.
24. USE OF PROPERTY - Until the Advance has been paid off, you promise you
will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written
permission before making major changes to the property or changing the address
where the property is kept. (3) Inform us in writing before changing your address. (4)
Allow us to inspect the property. (5) Promptly notify us if the property is damaged,
stolen or abused. (6) Not use the property for any unlawful purpose.
25. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR
VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT
TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE.
26. VERMONT NOTICE TO 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 RIGHTTO COLLECT
FROM YOU.
27. NOTICE FOR ARIZONA OWNERS OF PROPERTY -- It is unlawful for you to
fail to return a motor vehicle that is subject to a security interest, within thirty days
after you have received notice of default. The notice will be mailed to the address
you gave us. It is your responsibility to notify us if your address changes. The
maximum penalty for unlawful failure to return a motor vehicle is one year in prison
and/or a fine of $150,000.
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act. You are advised to read your monthly statement
and review it for any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT, If you think your statement is wrong, or if you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights.
In your letter, give us the following information:
Your name and account number.
` The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error.
If you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or report
you as delinquent. We can continue to send statements to you for the amount you
question, including finance charges, and we can apply any unpaid amount against your
credit limit. You do not have to pay any questioned amount while we are investigating,-
but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
may on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a credit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right: (a) You must have made the purchase in your home state or,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
In this Agreement, the words you and your means each and all of those who apply then to previous cash advances finance charges, then to previous purchase finance
for the card or who signs this Agreement. Card means the VISA C
dit C
d
d
re
ar
an
any charges, then to current late fees, then to previous cash advance balances, then to
duplicates and renewals we issue. Account means your VISA Credit Card Line of previous purchase balances in the order th
t th
Credit account with us. We, us, and ours means this Credit Union, a
ey were posted to your account, then
to current cash advance balances, and then to current purchase balances
.
1. REPONSIBILITY - If we issue you a card, you agree to repay all debts and the 7. FINANCE CHARGES -You can avoid the Finance Charge on purchases by
RnancSe Charge arising from the use of the card and the cans account
For exam
le
a
i
th
f
ll
.
p
, p
y
ng
e
u
amount of the New Balance of Purchases each month within 25 days
you are responsible for charges made by yourself, your spouse and minor children. - of your statement closing date. Otherwise, the New Balance of Purchases, and the
ou are also responsible or charges made by anyone else to whom
ou
ive the
b
y
g
card, and this responsibility continues until the card is recovered. You cannot disclaim
ibili su
sequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are alwa
s subject t
Fi
respons
ty 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 balan
ti y
o
nance Charge from the
date they are posted to your account.
ce con
nues
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
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
,
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, RAby the TE s d shclosedoon the Addendum and corresponding ANNUAL PERCENTAGE
you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After
hours call (800) 556-5678.
Cash Advances: We calculate your finance charge on cash advances by
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
Y multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
.
ou may
be liable for the unauthorized use of your Credit Card. You will not be liable for corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
unauthorized use that occurs after you notify us of the loss, theft, or possible Balance Computation Method
unauthorized use. You will have no liability for unauthorized purchases made with Average Daily Balance for Purchases The Average Daily Balance for Purchase
your Credit Card, unless you are grossly negligent in the handling of your Card. In
any case, your liability will not exceed $50. Transactions is calculated , adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
4. CREDIT LINE - If we approve your application, we will establish aself-
replenishing Line of Credit for you and
y notify you of its amount when we issue th 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.
e
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 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
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
itt 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
comm
ee
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 A amount of any Cash Advance transactions that posted to your account on that day or
in any previous da in the billin
y g cycle. This gives us the Daily Balance for purchases
greement. 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 .
Average Daily Balance for Cash Advances -Cash Advance Transactions watch are
your account are not included in the Average Daily Balance calculation for
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 purchase
s, purchases.
Average Daily D
aily and are Balance is therefore not calculated subject to the separately for monthly Cash periodic Advances rate and foris subject subje t t The
Average to the
surrender to us all cards upon our request and upon termination of this Agreement Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions
.
5. CREDIT INFORMATION -You authorize us to investi ate our credit standing
g y 9
when opening, renewing or reviewing your account
and
ou
th
i 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
,
y
au
or
ze us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing 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 amou
t
.
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances
the cu
t t
i ,
n
s
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
d
,
rren
ransact
ons on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances
the Total New Balance
the Fin
Ch an
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
,
,
ance
arge 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
our state
t
l
i
d 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
fi
y
men
c
os
ng
ate. By separate
agreement you may authorize us to charge the minimum payment automatically to your nance charges and from the day they are posted to your account.
share or checking account with us. You may, of course, pay more frequently
pay more Payments are applied in the following manner: first to previous late fees, then to
,
than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line balance previous cash advances finance charges, then to previous
purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
owed, we will automatically post the credit to your S1 shares.
The minimum payment will be (a) 2% of your Total New Balance
d
d
h previous purchase balances in the order that they were posted to your account, then
to advance current cash
es,
and
then to
current purchase balances. Credits
, roun
e
u to t
e
next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total
New Balance exceeds your Credit Line, you must immediately pay the excess u
on our are applied fir t to the articular type
of
debt
which is
to the balance of your account. being credited, if any, and then
p
Jemand. We will apply payments in the following manner: first to previous late fees Note also that if the total of the payments and credits which are posted to your
, account by the Payment Due Date shown on a statement is equal to or exceeds the
VISA' Credit Lard Agreement and Truth In Lenc 7isc/osure (continued)
New
Balance shown on that statement, we will not apply the Monthly Periodic R
t defenses (other than tort L is) arising out of goods and services you purchase with
the card only if you have made a good faith atte
t
b
a
mp
e
,
ut have been unable to obtain
to your Account on your next statement. satisfaction from the plan merchant, and (a) your purchase was made in res
o
8
. DEFAULT - You will be in default if you fail to make any Minimum Payment
within 25 days after your monthly statement closing date. You authorize us to transf
f p
nse to ated in ou. or b purchase cost
more dthan S50 and was made f otm la plan me chalntgin your stateyor within 100
il
er
unds sufficient to make the minimum payment due if your VISA loan is in default.
You agree that we may temporarily suspend your ATM card access if your VISA
payment is due f m
es
of your home. Any other disputes you must resolve directly with the plan merchant.
13. SECURITY INTEREST - To secure your account
you grant us a
h
or a period exceeding 30 days. You will also be in default if your
ability to repay us is materially reduced by a change in your employment
an
increase i ,
purc
money security interest under the Uniform Commercial Code in any
ase goods ou
purchase through the account. If you default, we will have the ri
ht to
y
,
n your obligations, bankruptcy or insolvency proceedings involving
your depth or your failure to abide by this Agreement, or if the value of our security
interest materially declines
We h
a g
of
aio?er an
these goods which have not been paid for through our application of your
the
manner
this payments in
described
in
the Monthly
Payment
section.
With
respect to
.
ave the right
demand immediate payment of your
full account balance if you default, subject to our giving you any notice required b
law. To the extent permitted by law, you will also be required to account
only,
we will not
assert
any
statutory right
we may
have if
you are in
default to prevent withdrawal of your u t
credit union shares (Deposits)
below the unpaid balance of your accou
t
H
H
pay our collection
expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a
urcha .
n
.
owever,
owever, if ou ve or have given
us a
sp
Shares or ecific pledge of your credit union shares (Deposits) by signing the Pledge of
ise, or any other securit
inte
t
f
il
p
se 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 anoth
f account
y
res
s
or all your debts, your account
w
l be secured b
by the property described in and
those other security aour leded shares greemen s
exce
t orp
u
sh
,
er
inancial institution, and sign the sales or
ash advance draft which will be imprinted with your card. The other is to complete the
transaction by using your Personal Identification Number (PIN) in conj
ti ,
p
yo
ome
r
14. EFFECT OF AGREEMENT - This Agreement is the contract which applies to
all transactions your account even thou
h th
l
unc
on 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
tra
ti
h
y g
e sa
es, cash advance, credit the
other slips you sign to receive may contain different terms. n may amend the
Agreement from time to time
sending you the advance written noti
nsac
on t
at is illegal under applicable federal, state, or local law. The monthl
Y
statement will identify the merchant, electronic terminal or financi
l i
ti a
ce required by
law. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits
and we indic
t
i
a
ns
tution at which
transactions were made, but sale, cash advance, credit or other slips cannot be
returned with the statement
You will r
t
i ,
a
e
n our notice, amendments will apply
to your existing account balance as well as to future transactions.
1
.
e
a
n 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 photoco
ies of
li 5. LATE PAYMENT CHARGE - If your Minimum Payment is not paid within 15
days after the Payment Due Date, you will be subject to a single charge of 5% of th
p
s
ps you may request.
10. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a credit
li e
minimum scheduled payment.
18. RUSH FEES n You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer
s
p 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 o .
1 DRAFT COPIES - You may incur an additional charge for transaction
summary/sale draft documentation.
r more, upon your written request,
we will refund the credit balance to you. 18. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement
11. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign
currencies will be billed to you in U.S. dollars. The conversion rate to dollars will b .
c19. ard forranyLtransaction that is illegal undferE applicable federal, state, ?rl local law our
e
made in accordance with the operating regulations for international transactions
established by VISA U.S.A., Inc._ .. 20.
be NO USE ho Inactive Visa accounts that have no purchase or ash activity may
be closed without notice to you after 18 m
th
12. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of an
plan merchant or financial institution to honor your card. We are subject to claims a
d on
s of no activity.
21: NEURAL NETWORK - PSECU uses neural network systems to predict and
when a transacti
i
d
i
t
n on
s
ecl
ned because it is i dia
ive of possible fraudulent activity,
ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your), in
consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we,
yur and us) issuing to you an ATM CARD, hereby agree to be legally bound by the
'ollowing terms and conditions. You agree that the use of your ATM card(s)
:onstitutes acceptance of the terms and conditions of this Agreement. You
inderstand that ATM is a credit-related service and you authorize PSECU to obtain
i credit report on any users of this account.
1. ACCOUNTS AND USES OF ATM CARD - You have the account(s) (including
:hecking and Regular Shares), which we set forth on your application form with this
lgreement. You hereby request that we issue to you one or more ATM CARD(s) to
le used in connection with such accounts as described in this Agreement.
bu understand you may use the ATM CARD at a STAR SYSTEMS@ ATM to (1)
dthdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from
our account, (4) receive information regarding the balance in your account(s) or (5)
lake ash advances from, your credit account(s) in the amounts you request. You May
[so use automated teller machines throughout the United States and in certain
reign countries which bear the PLUS SYSTEM® name and logo (1) to make
ithdrawals from, (2) effect transfers to or from, (3) receive information regarding the
glances in your Checking or Regular shares. If you have a Personal Service Loan
)proved and in place, you may also make a cash advance from your PSL. You further
iderstand you may use the ATM CARD to purchase goods and services
'urchase") at any retail establishment ("Merchant") where ATM CARDs are
x;epted by such Merchant. If you use the ATM CARD to make a Purchase to obtain
:sh, if permitted by the Merchant, you shall be requesting us to withdraw funds in the
nount of such Purchase (including any cash received from the Merchant) from your
iecking Shares and directing or ordering us to pay such funds to the Merchant.
u request that we will provide to you such other services or access to other ATM
stems or networks using the ATM CARD which we may later make available and
iich we advise you are offered in connection with your account(s) set forth on your
plication form. You also understand that from time to time you may request in
ting that we provide access to additional accounts of yours through the ATM
,RD we have issued to you. You agree that the uses of the ATM CARD described
this Agreement shall be subject to the rules and regulations of each account
ich is accessed by such Card.
USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD
i understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated
,r. It can and will perform many of the same tasks as a human teller. You
:nowledge that the Personal Identification Number or PIN which you use with the t
A CARD is your signature, identifies the bearer of the Card to the STAR
STEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and f
dates the directions given just as your actual signature and other proof identify r
you and authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts the ATM CARD for a Purchase
transaction may have an electronic terminal (Merchant operated or Self Service)
which requires the use of your PIN and when your PIN is used at a Merchant's
terminal, it will authenticate and validate the directions given just as your actual
signature will authenticate and validate your directions given to us. You acknowledge
that your PIN is an identification code that is personal and confidential and that the
use of the PIN with the ATM CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LIABILITY FOR UNAUTHORIZED TRANSACTIONS -You agree to contact us
at once if you believe the ATM CARD(s) issued to you or PIN has been lost or stolen
or money is missing from your account(s). You also agree that if your monthly
statement shows transactions which you did not make, and you do not contact us
within 60 days after the statement was mailed to you, you may not get any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY
THEM. You could lose all your money in the account(s) if you take no action to notify
PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do
not write your PIN on your ATM CARD. Do not keep a written record of your PIN near
your ATM CARD. Do not choose a PIN that is easily identifiable.
A new card may be ordered for you at that time and a "hold" will be placed on your
old card. After such time, if you find your old card, destroy the old card by cutting it
in half. If you attempt to use your old card, it will not work.
4. CHARGES - You agree to pay a 50 cent charge for each deposit or withdrawal
exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash
disbursement transaction (loan advance or share withdrawal) that is less than $20.
You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
for any adjustment that needs to be made to your account resulting from an error
you made while making a deposit at an Automated Teller machine (ATM). You agree
to pay the charges or transaction fees which are charged by us for these services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to verify the deposit before we make the money available
o you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you
understand and acknowledge that the funds from your deposit may not be available
or immediate withdrawal and that the availability of your deposit shall depend on our
ululs and regulations regarding the particular account in which you are making a
Efe'ctronic Funds Transfer ATM Agreement at' eoulation "E" Disclosure
(continued)
deposit, the items that you are depositing and whether the deposit is made
STAR SYSTEMS ATM that is owned by us or another financial institution. You
understand and acknowledge that not all STAR SYSTEMS ATMS may acc
deposits and some STAR SYSTEMS ATMS may limit the amount of funds wt
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to
jointly and severally liable under the terms of this Agreement and the agreement
such account. You agree that if you make deposits or payments to your accoun
with items other than cash (checks; drafts or other items) and we make fur
available to you from such deposits prior to their collection, you agree that we n
deduct the amounts of such funds from your account(s) which are not collected
if the funds in your account(s) are insufficient at such time, you will promptly pay
us any amount of such funds which are not collected.
7. AMENDMENT OF THIS AGREEMENT - You agree that from time to time
may amend or change the terms of this agreement including amendments
changes to add further ATM CARD services or to amend or change the charges
these services. We may do so by notifying you in writing of such amendments
changes and your use of the ATM CARD after the effective date of any su
amendment or change shall constitute your acceptance of and agreement to su
amendment or change.
8. OWNERSHIP - You agree that the ATM CARD is our property and you
surrender it to us upon our request. You agree that the ATM CARD is no
transferable.
9. DISCLOSURES -You hereby acknowledge receipt of the disclosure stateme
informing you of your rights under the Electronic Funds Transfer Act and a copy
this Agreement.
REGULATION "E" DISCLOSURE
1. ELECTRONIC CHECK CONVERSION/ELECTRONIC RETURNED CHEC
FEES - If you pay for something with a check or share draft, you may authorize
to be converted to an electronic fund transfer. You may also authorize merchants t
electronically debit your account for returned check fees.You are considered to hav
authorized these electronic funds transfers if you complete the transaction afte
being told (orally or by a notice posted or sent to you) that the transfer may b
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 los
or stolen. Telephoning is the best way to keep your possible losses down. You could
lose all the money in your account plus your maximum overdraft line of credit. If you
believe your card has been lost or stolen, and you tell us within two business days
after you learn of the loss or theft, you can lose no more than $50 If someone used
your card without your permission.
If you do not tell us within two business days after you learn of the loss or theft of
your card, and we can prove we could have stopped someone from using your card
without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have stopped someone from taking the money if you had told us in time.
If a good reason such as a long trip or a hospital stay kept you from telling us, we
will extend the time periods.
3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS -
• ATM - Contact PSECU at (800) 237-7328 EXT 3808 (nationwide) or (717)
234-8484 (in Harrisburg). After hours, follow the menu options on PSECU's
voice mail system to report a lost or stolen card. For VISA Credit or Debit
Cards, follow the directions for Lost Card Notification under the VISA Credit
Card Agreement and Truth-in-Lending Disclosures section of this document.
• ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717)
234-8484 (in Harrisburg).
Or write to us at:
Pennsylvania State Employees Credit Union
P.O. Box 67013
Harrisburg, PA 17106-7013
PSECU Business Hours:
8:00 a.m. - 5:00 p.m. M - F
TDD (800) 472-1967 Nationwide
(717) 777-2100 in Harrisburg
FINANCIAL INSTITUTION'S BUSINESS DAYS -
• ATM, ACH and SST - PSECU's Business Days are Monday through Friday,
Holidays not included.
TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE -
• ATM - Balance inquiries on checking, savings and PSL; withdrawals from
checking/savings; cash advance from PSL; deposits to checking/savings;
purchase goods and services at any accepting retail establishment.
• ACH - Preauthorized debits and credits to checking and savings.
• SST- Balance inquiries and transaction histories on all share, certificate and
loan accounts; transfers from any share to another share or loan account from
your PSL to any s e 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 - $20 service charge for insufficient funds for each electronic transfer.
• SST - none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFT'S -
• ATM - You are entitled to receive a printed receipt at the time of each
we transaction. You will receive a monthly statement showing the status of your
or account, any transactions made during the month, and any penalties or
for charges PSECU may impose during the month.
or ACH and SST - You will receive a monthly statement showing the status of
ch your account, any transactions made during the month, and any penalties or
ch charges PSECU may impose during the month.
• If you have arranged to have a direct deposit made to your account at least
will once every 60 days from the same person or company, you can call us at
n- (800) 237-7328 to find out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS -
nt • ATM and SST - Not applicable.
of • ACH - Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop
any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide)
K or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees
it Credit Union, P.O. Box 67013, Harrisburg, PA 17106-7013, in time for us to
o receive your request three business days or more before the payment is
e scheduled to be made. If you call, we may also require you to put your request
r in writing and get it to us within 14 days after you call.
e - 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
t 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) there are insufficient funds in your account to
complete the transfer; (2) the funds in your account are uncollected; (3) the
funds are subject to legal process; (4) the transaction you request would exceed
the funds in your account plus any available overdraft protection; (5) the STAR
Systems, PLUS system has insufficient cash to complete the transaction; (6)
your card has been reported lost or stolen and you are using the reported card;
(7) PSECU has reason to believe that the transaction requested is
unauthorized; (8) the failure is due to an equipment breakdown that you know
about when you started the transaction at the STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control; (10) if you attempt to complete a transaction that,
at a STAR Systems, PLUS System, or merchant terminal that is not a
permissible transaction listed above; or, (11) the transaction would exceed the
security limitations on the use of your ATM CARD.
• ACH and SST - If PSECU fails to complete a transaction on time or in the
correct amount, when properly instructed by you, PSECU will be liable for
damages caused by our failure unless: (1) there are insufficient funds in your
account to complete the transfer; (2) the funds in your account are
uncollected; (3) the funds are subject to legal process; (4) the transaction you
request would exceed the funds in your account plus any available overdraft
credit; (5) PSECU has reason to believe that the transaction requested is
unauthorized; (6) the failure was caused by an act of God, fire, or other
catastrophe, or by another cause beyond control. In any case, PSECU shall
be liable only for actual proven and not consequential damages if the failure
to make the transaction resulted from a bona fide error despite PSECU's
procedures to avoid such errors.
10. DISCLOSURE TO THIRD PARTIES -
• ATM, ACH and SST- PSECU will disclose information about your account to
third parties: (1) when it is necessary to complete transactions; (2) to verify
the existence and standing of your account with PSECU upon request of third
party, such as a credit bureau; (3) to comply with government agency or court
Electronic Funds Transfer ATM Agreement ar, gulation "E" Disclosur
(continued)
orders; (4) in accordance with your written permission; (5) to comply with
government or administrative agency summonses, subpoenas, or court
orders; (6) on receipt of 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 -
• ABM Only - You may use your ATM CARD with your Personal Identification
Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New
Jersey and Pennsylvania to conduct any of the following transactions for the
accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking your Regular
Shares, and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
d) Deposit currency, checks, or drafts (coins are not acceptable) for
transmission to PSECU for deposit in your Checking and your Regular
Shares.
NOTE: There are limited locations in Maryland where deposits may be made.
We wish to Inform you that some ATMs located in these areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not all ATMs may accept deposits. There may also be limits on the amount of
funds which you may deposit in certain ATMs.
12. PLUS SYSTEM* SERVICES -
• ATM Only - You may use your ATM CARD with your Personal Identification
Number (PIN) at any PLUS SYSTEM automated teller machine
(PLUS SYSTEM ATM) located throughout the United States, Puerto Rico,
Canada, Great Britain and Japan to conduct any of the following transactions on
the accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking, your Regular
Shares, and your Personal Service Loan (PSL).
b): -Withdraw cash from your Checking and your Regular Shares.-
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the STAR SYSTEMs services currently available through the PLUS
SYSTEM network. Other services may be offered In the future.
13. OTHER ATM NETWORK ACCESS -
• ATM Only - From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM CARDs. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also be described.
14. PURCHASE TRANSACTIONS -
• ATM Only - You may use the ATM CARD. to purchase goods and services
("Purchase") at any retail establishment ("Merchant") where ATM CARDs are
accepted by such Merchant. The amount of all such Purchases will be
deducted from your Checking. When you make a Purchase using the ATM
CARD, you will be requesting PSECU to withdraw funds from your Checking
in the amount of the Purchase and directing PSECU to pay these funds to
such Merchant.
15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
• ATM Only -You may withdraw up to $500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMs or PLUS SYSTEM ATM. In addition, you may
withdraw/purchase up to $500 at point of sale locations. PSECU reserves the
right to reduce this daily limit at any time. In the event that your daily limit is
less than $500, PSECU will advise you of the new limitation. The day for
withdrawal limits starts at 12 midnight each day and ends at 12 midnight the
next day. For security purposes, there are also certain daily limitations on the
frequency of use of the ATM CARD. However, these limitations are not
revealed for security reasons. The Pennsylvania State Employees Credit
Union is not obliged to maintain such limitations.
You will be denied use of your ATM CARD if you exceed the daily
withdrawal/purchase limit, if you do not have adequate funds available in your
e account, do not enf, a correct Personal Identification Number (PIN), or
exceed the frequency of usage limitation. The receipt provided by the STAR
SYSTEMs or PLUS SYSTEM ATM or Merchant terminal will notify you of the
denial. There is a limit on the number of such denials permitted. Attempts to
exceed the limit will result in machine retention of our ATM CARD. The number
of attempts that result in machine retention is not revealed for security purposes.
16. ERROR RESOLUTION PROCEDURES -
• ATM, ACH and SST - In case of errors or questions about your transactions:
Direct inquiries to PSECU at (800) 237-7328 Nationwide, TDD (800) 472-
1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA
17106-7013, as soon as you can if you think your statement or receipt is
wrong, or if you need more information about a transaction listed on the
statement or receipt. PSECU must hear from you no later than 60 days after
it sent you the first statement on which the problem or error appeared. You
must provide the following information: (a) Your name, account number, and
ATM CARD number (if a ATM transaction), or reference number (if Self-
Service Telephone Transaction); (b) Describe the error or the transaction you
are unsure about, and explain as clearly as you can why you believe it is an
error or why you need the information, and; (c) The dollar amount of the
suspected error.
If you tell PSECU orally, you must send your complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for STAR SYSTEMS, PLUS SYSTEM, , SELF-
SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20
days for STAR SYSTEMS purchase transactions. If we need more time,
however, we may take up to 45 days for STAR SYSTEMS, PLUS SYSTEM,
SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or
90 days for STAR SYSTEMS purchase transactions. If PSECU decides to do
this, it will recredit your account within 10 business days for the amount you think
is in error if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days if it
is a STAR SYSTEMS purchase transaction. You will have the use of the money
during the time it takes to complete the Investigation. If PSECU does not receive
your complaint or question In writing within 10 business days, PSECU may not
recredit your account. If PSECU decides there is no error, you will be advised
within three business days after the investigation is completed. You may ask for
copies of the documents PSECU used in the investigation. If PSECU credits
your account while investigating, you must repay those funds if PSECU
concludes no error has occurred.
17. ATM SURCHARGE - if you use an ATM that is not operated by us, you may be
charged a fee by the ATM operator and by any national, regional or local network
used In processing the transaction (and you may be charged a fee for a balance
inquiry even if you do not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to complete the transaction.
Notice To Consumers Using ATM's
• Be alert to your surroundings. If you doubt the safety of a particular location,
choose another ATM.
• If the ATM has an entry door, close the door prior to initiating your transaction.
• Put your cash away immediately.
• Direct complaints concerning ATM security to an appropriate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking at (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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?Frt a3g535
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
c
_.
NO. 2009-8390 ~.~ ~ ~ ~
VS. ~-r;~
c ~,. d
-- r~~J'
~'
• _~
`~ ~ ~~
CORY L HEIKEL
Defendant CIVIL ACTION -LAW ~~'':~
~~~ %- ° ~' ~,?
-- rn
u
PRAECIPE FOR JUDGMENT ~~
=~ ~ ~
Enter Judgment in favor of Plaintiff and against Defendant, Cory L Heikel for want of
ANSWER TO COMPLAINT.
(X) Assess damages as follows:
Debt -----------------------------------------------------------------$9,414.04
Attorney's Commission-------------------------------------------$2,419.01
Filing costs------------------------------------------------------=---$to be determined
TOTAL--------------------------------------------------------------X11,563.05 plus costs
(X) I certify that the foregoing assessment of damages is for specified amounts
alleged to be due in the complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I
certify that a copy of this praecipe has been mailed to each other party who has appeared in the
action or to his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file
this praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the
date of the f/cling of this praecipe and a copy of the notice is attached.
DATE: / ' ~ Signature:
Melissa L. Van Eck, Esquire
Attorney for Plaintiff
7810 Allentown Blvd., Suite B, Hbg., PA 17112
(717) 540-5406
ID#: 85869
NOW, ~~~ 13'x` , 2010, JUDGMENT IS ENTERED A BOVE.
l
Prot onotary/C rk, Civ' Division
By:
Deputy
$!~F•0o PU p`rTH
CL,~ doo3o
'~ 023(0 a~5
Document #: 180057.1
~ ~'(CP, I~-IQ,.i ~ Pte(
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION, .
Plaintiff .
vs. .
CORY L HEIKEL .
Defendant
TO: Cory L Heikel, Defendant
Prothonotary
You are hereby notified that on _ p~Qn l3 02o t D ,the following
(8r~ler) (Degree) (Judgment) has been entered against you in the above captioned case for your
failure to file an answer to the complaint. A Judgment in the total amount of $11,563 OS plus
costs is hereby entered.
DATE:
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Cory L Heikel
917 Greenbriar Drive
Mechanicsburg, PA 17050
A: Cory L Heikel, Defendant, Defendido/a (Defendidos/as)
Por este medio se le esta notificando que el
del
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009-8390
CIVIL ACTION -LAW
de
el/la siguiente (9r~er~) (Dec-refs)
(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Prothonotario
Certifico que la siguiente direction es la del defendido/a Begun indicada en el certificado
de residencia:
Cory L Heikel
917 Greenbriar Drive
Mechanicsburg, PA 17050
Document #: 180057.1
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff .
NO. 2009-8390
vs.
CORY L HEIKEL
Defendant
TO: CORY L HEIKEL
917 Greenbriar Drive
Mechanicsburg, PA 17050
DATE OF NOTICE: December 29, 2009
CIVIL ACTION -LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S Bedford St
Carlisle, PA 17013
717-249-3166
800-990-9108
By:
Melissa L. Van Eck, Esquire
Attorney LD. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION,
Plaintiff .
vs.
CORY L HEIKEL .
Defendant .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009-8390
CIVIL ACTION -LAW
ENTRY OF APPEARANCE
Please enter the Appearance of Van Eck & Van Eck, P.C, as counsel for Plaintiff in the
above captioned action.
Date: lr I a, -~U
Respectfully Submitted,
VAN ECK & VAN ECK, P.C.
By.
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
Henry W. Van Eck, Esquire
Attorney LD. No. 83087
P.O. Box 6662
Harrisburg, PA 17112
(717) 540-5406
Attorneys for Plaintiff
Document #: 180057.1
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION, .
Plaintiff .
vs. .
CORY L HEIKEL .
Defendant .
IN THE COURT OF COMMON PLEAS
CUM$ERLAND COUNTY,
PENNSYLVANIA
NO. 2009-8390
CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Henry W. Van Eck, Esquire, being duly sworn according to law, depose and say that I am
the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my
knowledge, information and belief Defendant, Cory L Heikel, above named, is not a
corporation and is not an adult individual under the age of 21 years of age; is not in the military
service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its Amendments.
VAN ECK & VAN ECK, P.C.
B 1t! ~ - V ""'~ ~7 V~
Y• l~
my Van Eck, Esquire
Attorney I.D. No. 83087
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
Sworn and subscribed to
before me this day
of January 10 ,
c
Notary Public
NOTARIAL SEAL
MELISSA L VANECK
WEST HANOVERtTWP, DAUPHIN COUNTY
MY Cornmission Expires Mat 22, 2p~ ~
Document #: 180057.1