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HomeMy WebLinkAbout09-8391IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. Dq - 8391 ?tVi ( leryA CREDIT UNION, Plaintiff VS. HIEP A BUI 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. HIEP A BUI 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 pdginas, usted tienen que tomar acci6n dentro veinte (20) dfas 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 mds aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACI6N DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S Bedford St Carlisle, PA 17013 717-249-3166 800-990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. HIEP A BUI Defendant NO. © ?- 73 9 / Oc l 7Z 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, Hiep A Bui, is an adult individual with a last known address of 4802 Brian Road, Mechanicsburg, PA 17050. 3. Defendant is, and at all relevant time material hereto has been, the primary loan applicant. 4. Defendant applied to Plaintiff for a 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 «B9, 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 was on November 27, 2007. 11. Defendant is 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 has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 16. As of December 2, 2009, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Fifteen Thousand Six Hundred Fourteen Dollars and 49/100 ($15,614.49). 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 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. 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, Hiep A Bui, in the amount of Seventeen Thousand Thirty-nine Dollars and 49/100 ($17,039.49), plus interest, the costs of this action, and such other relief as the Court deems just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. By: Melissa Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 180057.1 VERIFICATION I, Gregory R. Diffenderfer, Manager of the Pennsylvania State Employees Credit Union verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Pennsylvania State Employees Credit Union By: Title: t f o4 s Date: 101/' -y l Exhiblet "A" NOV 2 3 2005 Loan Information Applicant: HIEP A BUI VISA ACTIVATION NOTICE November 17, 2005 Approval Amount: $15,000.00 Home Ref #: Account #: # : Work Telephone #: ( I acknowledge receipt of the PSECU LOANLINER Disclosure and Credit Agreement and agree to be bound by the terms set forth in said agreement. ?t OR. oS Signature of HIEP A BUI Date • I would like an immediate VISA advance of $ . Purpose: Send a ? check, or X deposit to my Share 4 ®. minimum amount ? alternate payment amount of $ ? previous month's balance ? Mail a payment monthly by the 25th. You mast select your VISA loan repayment option. ? Transfer on Pay Day (select one): ? minimum amount ? alternate payment amount of $ P4 Transfer automatically from PSECU account on the 25th of each month (select one): • For overdraft-options, complete the enclosed Overdraft Transfer Service sheet and return it with your Activation Notice. • 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). HIEP A BUI must sign below. Name of Authorized Card Holder Si ature of HIEP ABU[ SCANNED Exhibit "B" Penns ylvania State Employees Credit Union PSE PJ Scv 6170'3 • Tarr<:,. - r-. 171•?6-7013 • 17171 23' 8?4a lip;rrsburg. 1600! 23:'•' 3.=, , ahor,- tide the financial fink,- Loan Disclosures This LOANLINER• Credit ane Security Agreement, which rcludeS the Truth in Lending Disclosures. ,vdi 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. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. Vile anticipate that, from time to time, you will borrow money (called "advances") under the Plan. We are not required to make advances to you tinder the Plan and can refuse a request for an advance at any time. The Addendum descnhes the different types of credit (tailed '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. if may also have other terms and a schedule for determining the payment amounts. CREDIT LIMIT - We mav. but do not have to, establish a cred'I limit on certain subaccoums. If a credit lirl,i is set for a subaccount, you promise not to exceed the established credit limit. it you exceed the, credit limit, you promise to repay immediately the amount which exceeds the credit limit. 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 day at the time of an advance 1 the Addendum has ro payment schedule far a subaccount, your payment wilf 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. It you have a joint sharedraft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the sharedrah account. Unless otherwise required by law, payments will be applied to amounts owed under the Plan, in the manner the Credit Union chooses. PLAN ACCESS -You can obtain credit advances m any manner authorized by us. It we allow you to use your ATiA/Debit card to access the Plan, you may be !iable for the unauthorized use of your ATM: Debit card. You will not be liable tot 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 intorm 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 unauthorized advances directly from the Plan, your liability will not exceed $50, 11 the unauthorized withdrawal is from a sharedraft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATM/Debii card, even it the withdrawal results in an advance being made from your overdraft subaccounl- FINANCE CHARGE - The dollar amount you pay for money borrowed is called a 'finance charge' and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are dsclosed on the Addendum. It the interest rate is a variable interest rate, 1`ie Addendum expfatns how the variable interest rate works. SECURITY - You pledge as security for the Plan ail shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. if a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise. your pledgeo shares may be withdrawn unless you are in default. The following paragraph applies In all states except in Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and oint accounts you have v:ith us and may exercise our rights under The lien to the extent permitted by state law. (We are slate chartered if our name does not include The term "Federal Credit Union") For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Indwidual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security Additional security for the Plan may be required at the time of an advance 11 a subaccount identifies a type of property (such as -New: Cars") you must give trial type of progeny as securty when you get an advance uncer that subaccourt. A subaccount name such as "Other Secured" means you must provide secu; i!y acceptable to us when you obtain an advance under that subaccount Properly you give as security will secure all amounts owed under the Plan and all other !earls you have with us now or ir. the future, except any loan secured by your pr.ncipal d;:er.ng Property securing other loans you have 'with us may also secure :he Plan. CREDIT INSURANCE - Credit life and`or credit dsabil^v nscirance is cor:r'a! ,:-der the Plan if yo,: que!.fy for and purcnace the :nsursnce !rorr us nt, a.;'.h ,iza us to ado the insurance premiums r;wl nin: y to yr,:;r Han a cry, ,e r:.,:; interest cry the er!iie balance if you e!ec,. credit insurance your payments may increase or the period of time necessary to repay your advance may be extended The credit insurance rates may changer during tee Plan If the rases change, w:e viii provide any notices required by applicable law. PERIODIC STATEMENT-On a regular basis you v:,ll receive a statement showing all lransactior:s 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 wilt -le !170 iCe IU all. _ JOINT ACCOUNTS - If this is a ;Dint arCOUnt, each cl you is individually and jointly responsible for paying all amounts owed. That. means we can enforce our rights j under the Plan against any one of you individually or against all of you together. If you i give us inconsistent instructions, we can reluse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the i other(s) io obtain advances individually and agrees to repay advances made to The 1 other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. If any of you terminate The Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. j FEES AND CHARGES - If you give us a security interest in certain types J property, we may charge you a fling fee to perfect our merest in the property, it we do. the amount of the tee will be disclosed to you at the time you obtain an advance, We may also charge you other fees in connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay thorn in cash UPDATING CREDIT INFORMATION - You prornise that you vill promptly give us written notice if you move, change your name or employment, or if any ether information you provided to us changes. Upon our request, you also agree to provide us updated financial information. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, Malne and South Carolina: You will be in default if you do not make a payment of the amount required when it is due You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers In Wisconsin: You will be in default if you fail to rnake a payment when due two times during any 12 month period. You will be in default it breaking any promise made under the Plan materially impairs your ability to repay what you owe or materially impairs the condition, value, or protection of or our right in any properly you gave as security. The following paragraph applies only to borrowers in Iowa: 'You will be in default if you are more than 10 days late in making a payrnent. You will also be in default it you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all other states: You will be in G 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 insol•,rent, it you make any false or misleading statements in any credit application or updafo of credit information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will be n default it any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if any-thing else happens that significantly affects the value of the property or our security interest in it. You will also be in default under The Plan if you are in default under any other loan agreement with us. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, South Carolina and West Virginia: When you are in default and after expiration of any right you have under applicable state law to cure your default, we ran demand immediate payment of the entire unpaid balance under the Plan mzhnut i:. giving you advance notice. The following paragraph applies to borrowers in all other states except Wisconsin and Louisiana: 'When you are in defat.ft, vie can require immediate paymera (acceleration) of the entire unpaid balance under the Plan You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraphs apply to borrowers in all states except Wisconsin and Louisiana: If immediate payment is demanded, you : ill continue to pay interest until what you owe has been repaid at the applicable interest raves in effect or, if applicable, at the default rate disclosed on the Addendum. If a demand for immediate payment has been made, your shares and'or deposits can be applied towards w:hal you p:^re as provided ;n the section abo.-e called 'Security." ?;ie can also exercise any other rights gven by lav when you are n dr2fau't. You agree the Credit Union has the right :o a4.9 p ssession of any properly gwen as secor::y ..nder :he Piar, w tncut Lid cial ,rocess..I :n s ..an be done vnthoJt breach a! Ire peace- If •.ve sk.. ':OU ?)ron-:,se to de or the Cropery a! I time and p1-;Ce .•l h r?,, tr.:, fir.. Jrtj a m^!': 'wr Cie t. , -il 0y'-'? Ih.:t .. ,. n'a. LOANLINER` Credit and Securit Crgdit.Arg eemen( (continued) Obta 3 ey r cr device nee- . r! In low . ano Gpera:e it ::her a 'e 1i) n:,! be rP.soGrs:b.e cr ar„ other Rr.oparty, nea c:.vererf !his a;)raem?. t, cu lea r.s de"P -Wert, c cal lttaoneo to the proper; lV: :vill y to atu a, proper„ .o ;cu or ,Iakc t : vaila e for yet, to Calla Amer we race .,u Lesson of tie c f r'y e cyan sell it aril app)} tt:e money W any ;he date after :unounts yo:: c'vwe'is. t:'e wvill cive y0,t ro:!co of any pion, dispoS,:ior or ,vrtich a priva:o disposition ,:du be heid Our expenses for :aking possession of and selling the property .01 tie deduced from, t^.e money recc, ed from tie sale. Those costs may inci,,de the cost o' stor,rg the proporty. preparing I for sale and attorney's fees to the extent permitted under state law cr awarcRrl under the Bankruptcy Code. You must pay any amount that remains t:npa d after the sate money has been applied to any unpaid halance under ire Plan. You agree to pay interest on that amount at the same rate, as the advance, are d applicable, at the default rate d sclosed on the addendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: '."'hen you are in default and after expiration of ary right you hate under applicable state.law to cure your default, may require immediate ?ayr tel 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 to pay reasonable expenses incurred in disposing of the property. It the property is a motor vehicle, mobile home. trailer, snowmobile, boat or aircraft, you will a!so be required to pay any costs permitted by Section 422.413 of the Wsconsin Statutes. You must pay any amount that remains unpaid after the sale money has been applied to what you owe tinder the Plan You agree to pay interest on any unpaid amount at the same rate as the advance, or, if applicable, at the default rate disclosed on life Addendum, until that amount is paid. it 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: 'J/her, you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration, It immediate payment is demanded. you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on lne 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. 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 10 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 dalIq 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 Inat 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 Gme to time after giving you any advance notice required by law. A change that increases the ate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the Lwerest rate will apply to luture 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 the daily pen,^,dic rate under a varl"'e 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 Pan continues .vnether you or the Credit Union cancel the Plan DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - N.!e can delay enforcing any of our r.ghts under :his Plan any number of limes wv :Hoot !o5:nr) :re ability to exercise our rrgh!s later. We can enforce this Plan against yuur heirs ai legal reorese'ntatives. It we change the terms of the Plan. you agree teat th s Pear, will continue to protect us. CONTINUED EFFECTIVENESS - It any part of this Plan is determined by a court to be unenforceable, into rest will remain in effect. NOTICE TO UTAH BORROWERS - Tnis written agreement is a final expr_ssion 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 taw - 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 Flan.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 hive us .vnat s Fr m as o security rtare_?t all oroperty described in any receipt, :oucner it o trier docur en: roG receive for an advance (.'the Advance`) The security interrst y^ 3 e inc uees all accessions. Access,onS are things v:hich are attacned to or irstallad in the property now or in the future The security rto,est also inc'udes ar.y reptacernen:s for the property v,mch you buy within t0 day's of the Advance or ar.y extensions, rence.a's or refinancing of the Advance. It also includes any money you reco!ve from selling the property or from insurance you have on the property. If the value of the p opery derfnes, you promise to give us more property as security J al IG 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 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 housenold goods as defined by the Federal Trade Commission Credit Practices Rule. :he property will secure only the Advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY - You promise that you own all properly 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 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 unlit the Advance is repaid. You promise you will allow no other security ;merest or ;ien 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 properly 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 acceptab:•e 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 settleinent 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 file 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 VOL] will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied will) the insurance requirements of our loan agreements or may engage others to do so- The insurance charge added to an advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we acid 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 Iho°insurance 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. PROTECTING THE SECURITY INTEREST - If your state issues a lithe for the properly, you promise to have our security interest shown cn 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 prorr:ise 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 rimmed to any atlorneV fees, ,,e incur in protecting our security interest and rights in the property, to the extent permitted by applicable law. USE OF PROPERTY - Until the Advance has :?een paid off, you promise you will: (II 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 v:here the property is kept. (3) Inform us in wrifin n before changing your address. (4) :Ucw::is to inspect the property. (5) Promptly notify us it tie property is damaged. stolen or abuse.d. (6) Not use the property for any un,awfu purpose ;7j Not to ratite properly in another state without telling us. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE !ROTOR 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. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is uniawfui for you to fail t0 return a inolor vehicle that 15 Subject to a 5ocurity interest, v.ithin thirty days after you have received notice of delautt. The n:;tice wi!I be marled to the address you gave us. I! is your responsibility to notify us J your address changes The maximum pena;;y for unlawful failu•e to retWrl a inotor vch,cle s ore 7,o,7jr in „ Aso _iwi r;r 3 r ne of S":ro.QO^ This notice contains important information about your rights and our responsibil'tes under the Fair Credit Bili ng Act. You ara aj, ised to read your Mon!n!y s'ater-ert and review :t for any err, discrepancies cf unau'^o?;zed transactions NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If yc•u !hir. your statement is ::fond, or it you need mo,e irfi r-mat,On about a transaction on your statement, virile ::s on a separate sheet at the address isted 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 transactrors on your account. Failure to notify us may result n your acceptance of any respons:bitily 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 douig 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, it you can, why you believe there is an error If you need more information, describe the item you are not sure about. If you have authorized us to pay a credit card account automatically from your share account or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE • We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. In this Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement. Card means the Visa Credit.Card and any duplicates and renewals we issue. Account means your Visa Credit Card 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) 234-6484 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 lass, 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 unauthorhed use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in the handfirg of your Card. In any case, your liability will not exceed $50. 4, CREDIT LINE - Ii we approve your application, we will establish a soft- 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 ,s appli6d io 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 Une 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 torrninate this Agreement at any time, but termination by eithei 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 sate anent every month shoving 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 rash advances, the Total New Balance, the Finance Charge due to dare, 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 troy authorize us to charge the :nin:mum payment automaticahy to your share or chedking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in full, ant yo- .vili reduce the finance charge by dong s:. If your monthly paymen- exceeds the total creoit line balance owed, we will automatical!y post the credit to your S t shares. The minimum payment Y,ll be (a) 2°'a of your Tota' New Balance, rounded up to the next even dollar, or b) S20.00, whichever is greater. In addition, at ary time your Total Nevi Balance exceeds your Cec-dt Lire. you must u- rnediate!y pa; the e4cess ipon our After we receive your letter, v.e cannot try to collect any amount you quesGOn, or report you as delinqueW. We can cor-!wue !o send statements !0 you for the amount you question, including finance charges. and vie can apply any unpaid arno.,n! aga:^st your rredt limit. you do not nave to pay art, questioned amount wmle we are :rvesbgatln]. 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 nct have to pay any finance charges related to any questioned amount. If we didn't make a mistake, y:,u 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 dale that it is J e If you fail to pay the amount that ve think you ve may report you as delinquent However, it our explanation does not salisfy 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, vie must tell you the name of anyone we reported you to. We must tell anyone we report ;ou to that the matter has been settled between us when it finally is. It •,ve don't follow these rules, We car'1 collect the first $50 of the questioned amount, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a prob'e,n wdh 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 aniount due on the property or services. There are, tv:o 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 4 we mailed you the advertisement for the property or services. demand. We will apply payments in the following manngr: first to previous late foes. then to previous cash advances finance charges, then to previous purchase finance charges, then to curront 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 than to current purchase balances. 7. FINANCE CHARGES - YOU can avoid (lie 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 fate 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 tno 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 lFurchasas - 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 Vie 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 amours of any unpaid Finance Charges or Lite 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 Vie following steps: We lake the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which arnounts are posted to your account, we add the ar)OUnts of all debits and subtract the amounts of all credits or payments v:hick post 10 your account that day After applying payments and credits, we subtract the amount of ary unpaid Finance Charges or Late Charges. Then vie also subtract the amount of any Purchase Transactions trial posted to your account on that day or in any previous day in the billing cycle. Ths gives us the Caily 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 'caow ng n.raer: first :O predidUS late fees, Ines to previous cash advances finance cna,yes Theo 13 pre::ous purchase ftna-rce charges. then to current !ate fees. 'vier •o Ivr•v,ous casn advance balances, then, to previous purchase balances in the order ;hat :hey were posted to your account. then to current cash advance balances, and !r-or !o current purcri.=.se balances. Crests are applied first to the partfcu'ar ypc of ,lubt v.nich is hemg c•o-Lted. if any, and !t'en to the balance rf yo.u n-count Visa'` Credit Card Agreement and Truth In Lending Disclosure (continued) Note also mat it the total of the pay,r.ants and credits are posted to your account by the Payment Due Date snows on a statement is aqua! to or exceeds the Nev; Balance sncwn on that statement. :•:e will no' app!', the Monthly Periodic Rate o your Accourt on your next statement S. DEFAULT - You will be -n de!ault if VOL, fail to mate M'y '. MIMUm Payn!ent :.shin 25 days after your mcnth:y staterrert closing date 'rou aulf-.or ze us to %irs'er *unds sufficient to mate the min',murn payment due 'f yo-.;r Visa loan is in default You agree that we may temporarily suspend your ATM card access if sour Visa payment ,s due for a period exceeding 30 days. You wall also be in delau t it your ability to repay us ;s materially reduced by a change in your employment, an increase in your obligations, bankruptcy or :nso!vency proceedings involving you, your death Of your failure to abide by this Agreement, or it the value of our security interest materially declines. We have the right to demand immediate payment of your full accourt balance if you default, subject to our giving you any not,ce required by iav+ To the extent permitted by law, you .vile also be required to pay our collection expenses ricluding court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are i wo 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 riot 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 'inancial institution at which transactions were made, but sale. cash advance, credit or other slips cannot be returned with the statement.' ou 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 overdrafL You also understand that an overdraft will 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 wnct honor thecard 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. It your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your Si Shares within 75 days. It 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 appitcabte central processing date. In each,instance, an adjustment may be assessed based on 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 tied in good faith to correct the problem with the mercha-a or the .barges are Ina re.S:;it o! unaulhonzed Or Iraud:aenl use. Or your purchase C031 more than $50 and :.as made from a plan lrerchant in your state within 100 miles of your home, contact PSECU. 14. DISPUTED TRANSACTIONS - You are required to noti'y PSECU in ,vriting within 50 days following the :late on v:hich we sent your statement wherein the error or prob!em first appeared regarding any dlscrepamcy or ,nawhr rizoo tansacadr. on your account. Telephornn g PSECU does not preserve your d:spu'e rights. You rcay be required to provide us :,ith doc'umcfitalicn to support your d spu!e clams. In addition, you may be required to compete a stardard dispute form outlining tha_ details of your dispute. In case: of fraudulent card Jse, PSECU will also reruira_ a notarized affidavit. In sornr; : ases we may ask you to nordy the Inca' awhor:l,es. It we do not receive the proper requested documenlaucn in fine time specified you may be held responsible for tl'•.e transact.cn(s) in q.;esGOn. PSECU must achere :O 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 riot been pain for trrougn oUr application of your payments in the manner described in the Monthly Payrnent section. With respect to this account only, we will riot assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged cred t 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 of other slips you sign or receive may contain different terms. We may amend the Agreement from time to time by sending you the advance written notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To the extent the law permits, and we indicate in our notice, amendments will apply I to your existing account balance as wall as to future transactions. 17, LATE PAYMENT CHARGE - Ii your Minimum Payment is not received by the l first day of the month foilo:ving your due date, you will be subject to a S20 charge. 18. RUSH FEES -You may incur additional charges for rush processing and rush delivery of cards and!or PIN mailor. 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 $100. 20. DRAFT COPIES - You may incur an additional charge for transaction summary/sale 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 Ia 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. and us) issuing to you an ATM CARD, hereby agree to be legally bound by the following 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 I You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated of the terms and condition of this Agreement. You understand that .ATM is a credit related ; teller. It can and will perform many of the same tasks as a human lever. You service ana.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 vie sot forth on your application form with !his ATM, PLUS SYSTEM ATM, or other natwo(k ATh1 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 connection with such accounts as described in tltis Agreement. authenticate and validate your directions io a human lel'.er. You also understand that You understand you may use the ATM CARD at a STAR SYSTEMS"iii) ATM to (1) a F.lerchant which accepts the ATM CARD for a Purchase transaction may have an withdraw rash from, (2) make or auange for deposits in, (3) effect transfers to or from , electronic terminal (Merchant operated or Self-Service) which requires the use of your your account. (4) 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 letter machines throughout the United States and in certain j your directions given to us. You acknowledge that your PiN Is an identification code foreign countries which bear the PLUS SYSTEt.kF) name and logo (1) to make that is personal and confidential and that 'he use of the PIN with the ATM CARD is a .vitndrawals from, (2) effect transfers to or fi t3) receive information regarding the i 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 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 understand you may use the ATM CARD to purchase goods and sor::ces at once if you believe the ATM CARD(s) issued to you Or PIN has been lost or stolen ('Purchase') at any retail establishment 'Merchanf'i -here ATM CARDS are or money Is missing from your account(s). You also agree that if yo.,r monthly accepted by such Merchani. If you Use the ATM CARD to make a Purchase to obtain statement shows transactions which you did not make. and you do not contact us cash, if perm sect by the 1,lerchan! you sri.dl be requesting us to vn!horaw funds in the within 60 days after the statement vies mailed to you, you may not get any money amount of such Purchase (including any cash received from the fAerchanq from your I lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN Checking Shales and drectkng or drdenng us to pay such funds to the Nerchan!. 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 ether ATM BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY systems or networks using lie ATM CARD whici, . we may later make available and THEM. You could lose all your money in the account(s) :f you take no action to notify which we advise you are o'feri•d in connection with your accountis) set forth on your PSECU of the toss of your A71,1 CARD or PIN Safeguard your Personal application form. You a'so u^derstano !nal '•nm ire to hrr u _ay req,,est in i ident,fica• on Nu, ,her iPIN) Do -c !ell or disclose your PIN to any other person Do .virting tnat v.e p•ov de acct-;s ': add Long. t .: unts O .ou rr i cr ..:e AT`.1 not write ya.,r PINT n ynUr ATt.? CA=RD Do nor keep a w.ntten record of your PIN naar CARD e.e ha,--e :ss.,ed'c yo!: You agree 'hat !no uses of ine AT %' C,% RD described I your AT1,1 CARD .Dr, .net choose a PIN !ha! is eas v ru,.rtr, ab e. EleefrQtirc Funds Transfer, ATM Agreement -arid Reguhrtion "E- Disclosure (continued) old car.l Ater _ ,ch : e. :Cnlr d rd. 1 _-, foy t, n1d ca"'. ny in na:`. II ou attempt to wise r^-,n ot:1 car?:, I :, :.. ::or4 4. CHARGES - You ayrae to pay a 50 Cent charge for each dencsa ;r wilt^drascal a,caedng 'S i mentn. You agree '. pay the 50 cent penally charge on ary rash i disbursement transac!ior Goan advance or share withdrawal) that is less than $20. You agree to par,' 125 cent charge a•? aa..n balance inquiry. You may incur a charge i ter any adjustment trial needs to De made to your account resulting `tom it,, error you made while mat!cra a 'lepcs t at an A;tiorr;led Teller machine {.ATM) You agree to pay the charges Or iransachCn tees '.a r'.irn are charged by us 'Or These servlGes or for services which may later be oNereu as sock 'ees Or c"argon may be unposed or chanced fro: time to Grte, 5. DEPOSITS - You agree that when you make a deposit at a STAR SYSTEI„IS ATM that .%e have the right to verily the deposit before .ve 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 ATM that is ovvned by us or another financial institution. You also understand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATLIS may limit the amount of funds which may be deposited and that we may not control these limits. 6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to be jointly and severally liable under the terms of this Agreement and the agreement for such account. You agree Inat d you ma'1o 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 f d h' I re not collected Or'rrrite to its a,. Penes: „n.a S:;ae _, rpio. -:e5 r;rrrit U^:On PO Boa 67013 Harnst ci. PA ,'ti:,3 0'S PSECU freSS -.our, 8)0a-1.-500 P.m t.' - F TOD (800) •172-1?67 Nal, nw•de If i 7) 777-2100 in Harristurg 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 cne6ong, savings and PSL; withdrawals from checking/savings, cash aovance from PSL; deposits to checkingfsavings: purchase goods and Services at any accepting retail establishment. • ACH - PreaUlhonz,ld debits and credits to check+ng 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 tray be an additional charge for any adjustment that needs to be made Ic 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 EFT'S - us any amount of such Lin s w Ic 1 a ( ATM -You are entailed tO receive a printed receipt at the time of each 7, AMENDMENT OF THIS AGREEMENT - You agree that from time to time we transaction,You will receive a monthly statement showing the status of your may amend or change the lerms of this agreement including arhendinenls or made. during the month, and any penalties or transactions any account d changes to add further ATM CARD services or to amend or change the charges for the month. charges, impose cur PSECU may these services. We may do so by notifying you in writing of such amendments or es and your use of the ATM CARD after the effective date of any such chan ACH and SST - You will receive a monthly statement showing the status of i l g amendment or change shall constitute your acceptance of and agroernent to such , t es or your account, any transactions made during the month, and any pena charges PSECU may impose during the month. amendment or change, that the ATM CARD is our property and you will Y IP If you have arranged to have a direct deposit made to your account at least ou agree - 8. OWNERSH i AR once every 60 days from the same person or company, you can call us at D s non- i surrender it to us upon our request. You agree that the ATM C (800) 237.7328 to find out whether or not the deposit has been made. transferable. ! t of the disclosure statement 8. ? i l ' STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS - p edge rece 9. DISCLOSURES -You hereby acknow hts under the Elci tmnic Funds Transfer Act and a copy of our ri ou of i f in ATM and SST -Not applicable. y g n orm g y this Agreement. I 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 REGULATION "E" DISCLOSURE I any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide) ELECTRONIC CHECK CONVERSIONIELECTRONIC RETURNED CHECK 1 or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania Slate Employees . FEES - If you pay for something '• .-th a check or share draft, you may authorize it i Credit Union, Pa, Box 67013, Harrisburg, PA 17106-7013, in time for us to to be converted to an electronic fund transfer. You may also authorize merchants to i receive your request three business days or mote before the payment is debit your account for returned check tees. You are considered to have electronicall scheduled to be made. If you call, we may also require you to put your request y authorized these electronic funds transfers it you complete the transaction after in writing and get it to us within 14 days after you call. being told (orally or by a notice posted or sent to you) that the transfer may be Notice of Varying Amounts. If these regular payments may vary in amount, processed electronically or if you sign a written authorization. the person you are going to pay will tell you, 10 days before each payment, 2. SUMMARY OF CONSUMER LIABILITY - when it will be made and now much 'rt will be, You may choose inslead..(o get in amount t h • ATM, ACH and SST - Tell us at once !f you believe your card has been ;ost an a cer a this notice only when the payrT,enl would differ by more t or when the amount would fall outside certain nt f h 1 or stolen. Telephoning is the best way to keep your possible losses down. You could , e previous payme rom t lose all the money in your account plus your maximum overdraft line of credit. It you limits that you set. believe your card has been lost or stolen, and you tell us within two business days I Liability for Failure to Stop Payment of Preauthorized Transfers. If you after you learn of the loss or theft, you can lose no more than $50 it someone used order us to stop one of these payments three business days or more before your card without your permission. the transfer is scheduled, and we do not do so, we will be liable for your losses If you de not tell us wilnin two business days after you learn of the loss or theft of d or damages, unless we request and do not receive written confirmation of an oral Stop payrnm?nt within 14 days and the transfer takes place after 14 days, your card, and we can prove we could have stopped someone from using your car without year perm ssion it yo? had ;old us, you could lose as much as $500. or you fail to give us proper instructions that would enable us to place the stop Also, it your statement shows transfers that you did not make, toll us at once. If 9 on the transfer. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR . you do not tell us within 60 days after the statement was rna0ed to you. YOU may money you lost after the 60 days if we can prove that y: o could ST et back an not OP CERTAIN TRANSFERS - y g have slopped someone from taking the money if you had told us in time. ATM - If PSECU fails to complete a transaction on time or in the correct It a good reason such as a :on.g lnp or a hospital stay kept you from teeing us, we I amount, when properly instructed by you, PSECU will be liable for damages our failure unless. (1) were are insufficient funds in your account to ed tr will extend the time periods. y caus (21 the funds in your account are uncolacted; (3) the complete the transter 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED , funds are sublec:t to legal process; (4) the transaction yrou request would exceed TRANSFERS - the funds in your account plus any available overdraft protection; (5) the STAR • ATM - Contact PSECU at 1800) 237 7328 EXT 3803 t =ttiurnr:dal or '1 1 ' Systems, PLUS system has insufficient cash to complete the transaction; ;6) s 8J84 (in Harrisburg). After n;urs. tOl!Ow t^ia me w options on PSECU 234 :osl or stolen and you are using the reported card; your card has coon t pat_d voice mail system to report a lost or stolen card For Visa Cre:7+t of aeon ,7) PSECU has reason to believe that the transaction requested is Car;;s, ofeiv the o^ecrons rot Lost Card :No!iLcat,or, u^rie! :^e Vr a Credit gla"uihOn_ed; t8) t~e failure i5 duc to an equ!pmenl breakdown that you know Card Ag,eemertr and T.vth-rt-Lerding Drsciosures sectio^ of ^rs decu:-r,en!. about when you starred the transaction at the STAR Systems, PLUS System; • ACH and SST - Contact PSECU at t800! 237-73^9 trader.vide' or 7`1-7) (o) the fad,re wins ca-,roc by an acl of God, fire, or other catas!rophe. or by any F;a sb;;rgt 2-14-84-_' on jiher cause 5r-ron^ con•rol: , 10) if you attempt to complete a transaction that, at a STAR Sysrenms, °LUS Sys'em, or merchant terminal :nal is no' a lg tlonic Funds _Tnnsler,_AT(. Agreement and Regu0tion "E".Disclosure (continued) p.^r c .a ct hs en uc6 "tC i ? ;a: n .. u- J t _ recur .. limilatio ns ) ,re se raj; AT CARD • ACH and SST I PSECU nrs to j r, ; rLOn (r, : E r correct anroun% ,rcr pr pe i, ns. -u h, you. PSECU A-II h,:,uN ' ,r y , r darnaoes roused b. stir 'allure tin eSS. t' ) Merl are insu,6c err t bands r, account to cornpic!e Ile transfer. 12) the hinds '.n your account are uncoilected. (31 :ne funds are subject to !ega process; I-1i the transaction volt request would exceed the lunds in your eccount plus any ava.lable overdraft credo; (5) PSECU nos reason to believe tnat the transacLon requested is unauthorized: t6) the laaure Aas 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 !a make the transaction resuf!ed from a bona file error despite PSECU s procedures to avoid such errors. 10. DISCLOSURE TO THIRD PARTIES - • ATM, ACH and SST - PSECU will disclose ir.formatior 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 parry, such as a credit bureau; (3) to comply with government agency or court orders; (S) in accordance with your wn*,ten permission, (5) to comply with government or administrative agency surnmonses, 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 R, 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 (PSI). - 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). i b) Withdraw cash from your Checking and Your Regular Shares. e) Make a cash advance from your Personal Service Loan (PSL). J 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 - F-om time to tirne, 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 avai!able to you. Ary charges will also be described. i 14. PURCHASE TRANSACTIONS - • ATM Only - You may use the ATM CARD to purchase goods and services (`Purchase') at any retail establishment ("Merchant") where ATIA CARDS are l accepted by such Aerchant. The amount of ail such Purchases will be deducted from your Checking. Wnen you make a Purchase using the AT M CARD, ycu will be requesting PSECU to witrdraw funds from yot:r Chefkrtlg in the amount of tee Purchase and directing PSECU to pay i'-:ese 1: rds to sucn Merchant. 15. LIMITATIONS ON THE USE OF YOUR ATM CARD - • ATM Only -1'au rray v.Chdra:: up to $500 (,err dny flea, oce cr a cr-,o;nrr:.on of your accounts by using a ATM CARD provided the fun65 are ,va;!db!e at a STAR SYSTEMS or PLUS SYSTEM ATIA. In addiu or,. ', ..)ay wi ^draw'pu•chase up to S500 at point of sate locations. PSECU resewes the r?pr.! to •ad.:-e -.f-,,s cady !un:t a'. any tim5. !n :hc event that your daily limit is ess lh:n $500 PSECU ::rl advise yo, of 'tie new Irritation. The day for .cif^drawul L".iIS :,tarts al 12 midnight earn day and ends at 12 n'Anig^.t the ne,d di, ,F,),, ;ec,rity purposes there are also cer.ain daily 'rni!at ons on Me ! 'curl USc of the ATM CARD Howe•,er, these 4mi'atio a-e not evea I.;r sec urity reasons. The Pennsylvania State Employees C!edd Union is not obliged to •na•nlain ,tier) limitations, You will ce denied use of your ATM CARD if you exceed the daily wandrawal.burchase limit, if sou do not hate adequate funds available in your account, do not enter the correct Personal Identification Numt)er (PIN), or exceed the frequency of usage limitation. The receipt provided by :hr. STAR SYSTEMS or PLUS SYSTEM ATM or Merchant terminal will nolity you of tha denial. There is a limit on the nt;r,Iber of <_uch denials permitted. Attempts to exceed the limit will result in machine relec!ion of our ATM CAPD The number of attempts that result in machine retention is riot revealed for secl city p;uposes 16. ERROR RESOLUTION PROCEDURES - • ATM, ACH and SST - In case of errors or questions about ynur transactions. Direct inquiries to PSECU at i800) 237.7328 Natcnwide, TDD (800) 472- 1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at' Pennsylvania Slate 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 !tie 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 all- Service Telephone Tran,saclion); (b) Describe !tie 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. 11 you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will toll you the results of the investigation with n 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBITJCREDIT 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. It PSECU credits your account while investigating, you must repay those funds it PSECU concludes no error has occurred. 17. ATM SURCHARGE - 11 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 ,)recessing 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 particu'ar location, choose another ATM. • if the AT M has an entry door, close the poor prior to initiating your transaction. • Put your cash away immediately. • Direct complaints concerning ATM security to an appropria!o 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: NOT CE 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. j W? - t O LLLL y S c O 0 .E L _ 0w - > 1.0 c D G 01.- v 000 1U _ c o N ? m p O y N 1.1 0 ; O N ;` J. N 61 y m E -E ooooc >oor.cac O w E V M Q E° m 3 T G a° 0 ?..7 >. ?Z) w Q1 a L m p_ ° p a. o u E Q L - o L - 0 r v y t Os C O L 0 -C G _ O B :_ a c Y o E- o ° o o c p o ?o o o o o orc,?oo oo? O E dJ J O h J :O O • ( a0 J "t N . b G E L > Ili 7 v n) `) r: r7 C: cd cV -- -. __ _ __ q v CY E > M N h G 0 u O N d 7 -0 _ ? n _0 [ m ? b . 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