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Home My WebLink About10-7519T t ONIGINAL FiLEC-QFF~CE eF T~l~ PRQT~lONOTARY 2010 pFr -~ PFD i2~ 22 =J~SERLA!~D CQURTY BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. JOY P. CLEVELAND AND ROSS M. CLEVELAND, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. - 7S , U ~ ~~~'~ 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 this 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 by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose y or property or other rights important to you. ~~ ~4~ .ao ~~L ~~~~ 3058135 C /~ L '~ ~/ ~"oZ, 5~.4~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N OT 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 3058135 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717)299-5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. JOY P. CLEVELAND AND ROSS M. CLEVELAND, Attorneys for Plaintiff Pennsylvania State Employees Credit Union COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. Defendants AVISO PARR DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) digs despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la cone sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la cone sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. 3058135 LISTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De LISTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI LISTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE LISTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 3058135 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. JOY P. CLEVELAND AND ROSS M. CLEVELAND, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. / t1 - ~ Jul ~ c A/~ ~ ~c~M COMPLAINT 1. Plaintiff, Pennsylvania State Employees Credit Union ("PSECU") is a Pennsylvania financial institution having an office at One Credit Union Place, Harrisburg, Pennsylvania 17110. 2. Defendants, Joy P. Cleveland and Ross M. Cleveland are adult individuals with a last known address of 4101 Club House Drive, Mechanicsburg, PA 17050-9120. 3058135 3. On or about November 28, 2005, Defendants applied for a Visa Loan with PSECU and on December I, 2005 executed a Visa Activation Notice. A true and correct copy of the Visa Activation Notice is attached hereto as Exhibit "A" and incorporated by reference. 4. PSECU approved Defendants' application and opened an account ("Account") in Defendants' name. 5. Defendants received a disbursement on the Account subject to the terms and conditions of PSECU's Loanliner Credit and Security Agreement and Loanliner Addendum ("Agreement"). A true and correct copy of the Agreement is attached hereto as Exhibit "B" and incorporated by reference. 6. Defendants are in default under the Account for failure to make payments when due. 7. Notices of default were sent to the Defendants: On May 1, 2009, July 1, 2009, August 4, 2009, August 14, 2009 and September 2, 2009. True and correct copies of the notices are attached hereto as Exhibit "C" and incorporated herein. 8. Pursuant to the Agreement, in the event of default, PSECU is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Agreement. 9. For purposes of this action, PSECU believes, and therefore avers that $2,000.00 constitutes reasonable attorneys' fees for enforcing the Agreement. However, PSECU recognizes that it is restricted by law to those attorneys' fees actually incurred. If those fees are less than $2,000.00, PSECU agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 3058135 2 10. The balance due and owing to PSECU from the Defendants on the Account is $14,438.13, plus reasonable attorneys' fees/collection costs of $2,000.00, which totals $16,438.13 plus costs. 11. PSECU has demanded payment from Defendants, but despite these demands, the Defendants have refused and continue to refuse to make payments. 12. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from the above. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union demands judgment in its favor and against Defendants, Joy P. Cleveland and Ross M. Cleveland, in the amount of $16,438.13, and costs of suit. BARLEY SNYDER LLC Date: I ,~' ~ ~ ~ C~ By: Shawn M. Long, Esq re Court I.D. No. 8377 Attorneys for Plai iff Pennsylvania Sta e Employees Credit Union 126 East King Street Lancaster, PA 17602 (717) 299-5201 3058135 3 VERIFICATION Pennsylvania State Employees Credit Union v. Joy P. Cleveland and Ross M. Cleveland I, Gregory R. Diffenderfer, being duly affirmed according to law, depose and say that I am the Collection Manager for Pennsylvania State Employees Credit Union; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: ?A t Gregory .Diffenderfer 3058135 EXHIBIT "A" VisaC~ ACTIVATION NOTICE Loan Information Applicant: JOY P CLI:VEI,r11~tD icant: ROSS NI CLEVELAND Jr November 29, 2005 Approval Amount: $14,000.00 Home Telephone # : (717) 732-7971 Ref # : 501994 309 Account # : 0226906647 Work Telephone # : (717) 657-7520 • t:I We acknowledge receipt of the PSECU LOANLINER<~ Disclosure and Credit Agreement and agree to be bound by the terms set forth in s~greement. r~ (2,.. ~_ Gtj S' atur o O P CLEVELAND Datc C~~~~~ r .6'~ Signature f RUSS CLEVELAND Jr Date NOTICE 70 CO-APPLICANT': I acknowledge that I am eligible for membership in PSECU, and I prornlse to establish membership with PSECU as promptly as possibto. Also, fhe Co-applicant is a person who is responsible for the entire debt. The Co-applicant will also be obligated to pay fees and collection costs if any. PSECU can collect this debt from the Co-applicant without first trying to collect from the Applicant. PSECU can use the same collection methods against the Co-applicant that can be used against fhe Applicant. If this debt is ever in default, that fact may become a part of the Co-applicant's credit history. As a Co-applicant, you should make certain that you want to accept the responsibility. for paying the entire debt. . ., ,7 «~ ..%%~M.:J • I would like an inunediate Visa® advance of $ .Purpose: Send a ^ Check, or ^ Deposit to my Share 4 _ _, • Yott must select~yotu Visa® loan transaction repayment option. ^' 'Transfer on Pay Day (select one): ` " C7~ •minimum amount ~ . ^ Transfer automatically on the 25th of each'niontli~(select one): " ,;.- ~~ ^ nunitnum'amoiint ^' alternate paymenYamotlrit of $_ ^ IvlaiI a payment monthly by the 25th. ^ previous month's balance • For overdraft options, complete the enclosed Overdraft T~ansfer Service ~lieet ~rtd return it with your Activation Notice. • Yott Wray have one additional card issued on your Visa® account. Indicate your choice below: ^ Please issue an additional card (with the same Visa®number as mine) in the name of the co-applicant, ROSS M CLEVELAND JR. _ . f'7 Please issue an additional card in the name below. I authorize himlher to use it and I accept full responsibility For all charges and/or cash advances just as Iltough [made them. Authorized card holders may not order replacement cards or obtain Visa® account information (i.e. detailed transactions, balance information, payment activity). JOY P CLEVELAND m~E'i~gl~ below. .~.~.wai: C~ Name of Authorized Card Holder Signature of JOY P CLEVELAND 1 ~ • Select your Personal Identification Number for your~Visa® card Select a PIN Ehat is not easily identified +vifh you, and write your PIN in the spaces provided. PSECU does not keep your PIN on file. We cannot produce a card without a PIN. You will need "this PIN to matte cash actvaitces bit your.Visa line of credit. Please do not use rite letters Q or Z as part of your PIN; and do not use the folio+ving combinations of numbers: 0000 through 0009 or,9999. . ; - 1• .. , ~{ alternate paymenk amount of $ SCANNED EXHIBIT "B" ^ ~~ the financial linka Pennsyl~ ~nia State ~r~p/oyees ~redit Union PO. Box 67013 ® Harrisburg, PA 17106-7013 O (717) 234-8484 Harrisburg, (800) 237-7328 Nationwide Loan Disclosures This LOANLINER' Credit and Security Agreement, which includes the Truth in tending 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. HOW THIS PLAN WORKS -This is an open-end, multi-featured credit plan. We anticipate that, from time !e time, you +vi!! borrow money (called "adVanC2s'~) 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. 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. 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 tfie 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 sharedraft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the sharedraft 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 in any manner authorized by us. Ii 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 unautf•,orzRd -. ':f , h~ti,•ve `-"`rrr •°•T•!~A!Dehft card has been lest or stolen, immediately inform the Credft 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. If 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/Debit card, even if the withdrawal results in an advance being made from your overdraft subaccount. FINANCE CHARGE -The dollar amount you pay for money borrowed is called a °finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the. finance charge owed. The balance .used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the -Addendum-explains-how the variable interest rate works. SECURITY -You pledge as security for the Plan all 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 pledged shares may be withdrawn unless you are in default. The following paragraph applies in all states except in Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. {We are state chartered if our name does not include the term "Federal Credit Union:') For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law it given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Pian and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans ycu have with us may also secure the Plan. 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 ®CUNA MUTUAL GROUP, 1980.82.84, 86, 89. 98, 99. 2000. Dt, 02, 03. 04, O5, ALL RIGHTS RESERVED ^~ interest on the entire balance. It you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Ctafemnntc and nntjDog will be sent tr? yni~ at theT.OSt ref.P.nt address yoU halve given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all. JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against all of you together. 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 other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. ff 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. FEES AND CHARGES - If you give us a security. interest in certain types of property, we may charge you a filing fee to perfect our interest in the property. If we do, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection. with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. ' UPDATING CREDIT INFORMATION -You promise that you will promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request, you also agree to provide us updated financial information. DEFAULT -The /ollowing paragraph applies to borrowers in Idaho, Kansas, Maine and South Carolina: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following naraaraph anolies only to borrowers in Wisconsin: You will be in default if you fail to make a payment when due two times during any 12 month period. You will be in default if breaking any promise made under the Plan materially impairs your ability to repay what you owe or materially impairs the condition, value, or protection of or our right in any property you gave as security. The following paragraph applies only to borrowers in Iowa: You will be in default if you are more than 10 days late in making a payment. You will also be in default ii 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 paragrapli~ 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 be in default if any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or our security interest irT 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 /ollowing paragraph applies to borrowers fn 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 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 otherstates exceptWlsconsin 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 lollowfng paragraphs apply fo borrowers fn all states except Wisconsin and Louisiana: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect 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 what you owe as provided in the section above called "Security." 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 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. Ii the property is a motor vehicle or boat, you agree that we may CPSMOt PSECU FORM a37a6 iaxxnFm-~m~-~na2-t r9!o5t LOAtiIINEF;"' Credit and Security Credit Agreer (continued) obtain a key or other device necessary to ur~Iock ~.,~ operate it, when you are in default. b'Je v:ill not he responsible for any other property, not covered by this Agreement, that you leave inside the property or that is attached to the property. Vve will try to return that property to you or make it available for you to claim. Alter we have possession of the property, wa can sell it and apply the money to any amounts you ov:e us.:'ti'e'.vJl give you notice of any public disposition or the date after v:hich a private disposition .rift 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. You must 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 lollowiny paragraphvppiirS uiriy io '.'risconsin borrowers: Wher ~ you are ir. 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 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. You must pay any amount that remains unpaid after the sale money has been applied to what you owe under the Plan. You agree to pay interest on any unpaid amount at the same rate as the advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount is paid. If the property is located outside Wisconsin at the lime of default, we may take possession of the property without judicial process, if permitted by the. slate where the property is located. The following paragraph applies only to Louisiana borrowers: When you are in default, we ran 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 ai the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. CANCELLING OR CHANGING THE PLAN -The following paragraph applies only to borrowers In llllnois: 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 rata ur other ciraryes Wiii apply i0 fiifiiic ad'vaiii;co. 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 dai1~ 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 Ptan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan offer receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers In a!1 other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but t~sconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You 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. 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. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court to be unenforceable, the rest will remain in effect. NOTICE TO UTAH BORROWERS -This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. The lollowlnp Is required by Vermont law -NOTICE TO CO-SIGNER -YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragrr apply if you give security in connection with an advance under the Fla. .ey apply to borrowers in all states except Louisiana. Louisiana borrowers will execute a separate security agreement. Borrowers in Cther States may also be asked in axor~Jta ?separate security agreement, THE SECURITY FOR THE PLAN -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 inct!rdes 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. 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 household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY -You promise that you own all property you give as security or 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. PROPERTY INSURANCE, TAXES AND FEES -You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or 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 a~ ~til: -.N.. ~„t , M ~ nyl f~ Vin c Arn. mllnoV WP Cr1Pf1(I IM hYRC pay , ::~r; .,,,,y,..,.,r~, ,.::c s•~ r„ .equiv., ..o. ., . _, . , fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of 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 add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of theinsurance 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 last 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 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 interest and rights in the property, to the extent permitted by applicable law. USE OF PROPERTY -Until the Advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (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. (7) Not to retitle property in another state without telling us. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHfCLE - 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. NOTICE FOR ARI20NA 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 , ~ynts and our responsibilities I 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 +vong, or it 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 da/s 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 nurc~ber. ' 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 In this Agreement, the words you and your means each and aU 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 N you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After hours call (800) 556-5678. 3. LU181LfTY FOR UNAUTHORIZED: USE -You agree to notify us immediately, orally or in writing of the bss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not lie liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your CredN Card, unless you are grossly negligent in the harxling of your Card. In any case, your Nobility will not exceed $50. 4. CREOR LINE - If we approve your application, we will establish a setf- 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 pf the_ payment which is applied to the principal You may request an increase in your Credit Line only by written application to us, which must be approved by our coedit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and terminate this Agreement. Good cause includes your taiture to comply with this Agreement or any other agreement with us, or our adverse reevaluation of your creditworthiness.You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. 5. CREDIT INFORMATION -You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credN available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us. You may, of course, pay more frequently, pay more chart the Minimum Payment, or pay the Total New Balance in full, and you wiN reduce the finance charge by doing so. If your monthly payment exceeds the total credft line balance owed, we will automatically post the credit to your S 1 shares. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) $20.00, whichever is greater. In addRion, at any time your Total New Balance exceeds your Credit Line, you must immediately pay the excess upon our After we receive your letter, ..,; cannot try to collect an, ama,n' }ou question, or report you as delinquent. VJe can continue to send s~at'me-nts to yon for the amount you queStlUll, inCiuuiiiy' iii~aiiC2 cnarye~, dn.^, '.'.2 Can ;~ i~!y ;.',y U„paI'J ~:?IVU:a ~'~c~!~~i ~n~,~~r credit limit. You do not have to pay any questioned am:~unt while we are investigating, but }rou are still obligated to pay the-parts of your ~ taternent that are not in quee,tion. If we find that +ve made a mistake on your statemern, you will not have to pay any finance charges related to any questioned amount. If a:e didn't make a mistake, you may have to pay finance charges, and you ~:• ill have to make up any rnissed payments on the questioned amount. In either vise. we will send you a statement of the amount you owe and the da'.e that it is due. If you fail to pay the amount that wre think ycu ov,e, a•re 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 let anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we rennrtad ynu 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 fallow these rules, we can't collect the first S50 of the questioned amount, even it your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, it 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 ii we mailed you the advertisement for the property or services: - demand. We wilt apply payments in the following :manlier: first io previous late fees; then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. 7. FINANCE CHARGES -You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the bitting 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 PPurchases -The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to. yoLr. account. that day. After applying payments. and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Deity Balance for purchases. Average Daily Balance for Cash Advances -Cash Advance Transactions which are posted to your aarount are not included in the Average Daily Balance ca~ulation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for cash each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for Cash Advance Transactions. Note: Cash Advances are always subject to finance charges and from the day they are posted to your account. Payments are applied in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Credits are applied first to the particular type of debt which is being credited, if any, and then to the balance of your account. Visa' Credrt Card.Agreement and Truth In Lendir sclosure (continued) Note also that if the total of the payments and credits which are posted to your ..,,,,,,,;.^,t by the Payment n, io (talc chrnun nn a ctatcrpant ig eqi IaI ip nr oxgeedg the New Balance shown on that statement, we mill not apply the Monthly Periodic Rate to your Account on your next statement. 8. DEFAULT -You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to transfer funds sufficient to make the minimum payment due if your Visa loan is in default. You agree that we may temporarily suspend your ATt~9 card access if your Visa payment is due for a period exceeding 30 days. You will also be in default if your ability to repay us is materially reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or if the value of our security interest materially declines. We have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are two alternative procedures fo be followed. One is for you to present the card to a participating Visa plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the Visa system. You agree that you will not use your card. for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statement. You will retain a copy of such slips furnished at the time of the transaction in order to verity the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing credit limit and the agreement it represents and the current loan policy at the time of the overdraft. You also understand that an overdraft 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 wilt apply. 11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your Visa Tine of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your S1 Shares within 75 days. If the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12. FOREIGN TRANSACTIONS -The exchange rate between the tfansaction 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 agovernment-mandated rate in effect for the applicable 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 Visatransaction, and have tried in good faith to correct the problem with the ATM CARD CARDHOLDER. AGREEMENT -The Undersigned (you or your), in consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the folbwing teens and conditions. You agree that the use of your ATM card(s) constitutes acceptarxe of the terms and conditions of this Agreement. You understand that ATM is a credft-related service and you authorize PSECU to obtain a credit report on any users of this account. 1. ACCOUNTS AND USES OF ATM CARD -You have the account(s) (including Checking and Regular Shares), which we set forth on your application form with this Agreement. You hereby request that we issue to you one or more ATM CARD(S) to be used in connection with such accounts as described in this Agreement. You understand you may use the ATM CARD at a STAR SYSTEMS® ATM to (1) withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or from your atxount, (4) receive information regarding the balance in your account(s) or (5) make cash advances from your credit account(s) in the amounts you request. You may also use automated teller machines throughout the United States and in certain foreign countries which bear the PLUS SYSTEM® name and logo (1) to make withdrawals from, (2) effect transfers to or from, (3) receive information regarding the balances in your Checking or Regular shares. If you have a Personal Service Loan approved and in place, you may also make a cash advance from your PSL. You further understand you may use the ATM CARD to purchase goods and services ('Purchase') at any retail establishment ("Merchant") where ATM CARDS are accepted by such Merchant. If you use the ATM CARD to make a Purchase to obtain ;ash, if permitted by the Merchant, you shall be requesting us to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant. You request that we will provide to you such other services or access to other ATM systems or networks using the ATM CARD which we may later make available and nrhich we advise you are offered in connection with your account(s) set forth on your application form. You also understand that from time to time you may request in nrriting that we provide access to additional accounts of yours through the ATM BARD we have issued to you. You agree that the uses of the ATM CARD described merchant or the charges 'he result of unauthorized or fraudulent use, or your purchase cost more than ~ and was made from a plan merchant in your state within 100 miles of your home, contact PSECU. 14. DISPUTED TRANSACTIONS -You are required to notify PSECU in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transaction on your account. Telephoning PSECU does not preserve your dispute rights. You may be required to provide us with documentation to s~rpport your dispute claims. In addition, you may be required to complete a standard dispute form outlining the details of your dispute. In cases of fraudulent card use, PSECU will also require a notarized affidavit. In some cases we may ask you to notify the local authorities. If we do not recei•,~e the proper requested documentation in the time specified you may be held responsible for the transaction(s) in question. PSECU must adhere to 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 Conin,erciai Coda in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, if you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for ail your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. 16. EFFECT OF AGREEMENT -This Agreement is the contract which applies to all transactions on your account even though the sales, cash advance, credit or other slips you sign or receive may contain different terms. We may amend the Agreement from time to time by sending you the advance wririen notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To the extent the law permits, and we. indicate in our notice, amendments will apply to your existing account balance as well as to future trarisactions. 17. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the first day of the month following your due date, you will be subject to a $20 charge. 18. RUSH FEES -You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 19. OVER LIMiT FEE - A $20 fee will be applied for each monthly statement closing date on which the outstanding balance exceeds the assigned credit limit by more than $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 18 months of no activity. 24. NEURAL NETWORK -PSECU uses neural network systems to predict and prevent unauthorized transactions. There may be occasions when a transaction is declined because it is indicative of possible fraudulent activity. in this Agreement shall be subject to the rules and regulations of each account which is accessed by such Card. 2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated teller. It can and will perform many of the same tasks as a human teller. You acknowledge that the Personal Identification Number or PIN which you use with the ATM CARD is your signature, identifies the bearer of the Card to the STAR SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and validates the directions given just as your actual signature and other proof identify 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. r----------- - ---- i Electronic Funds Transfer, ATM Agreement a 3equlation "E"Disclosure i (continued) A riew Card may be C!dC!°d fC! ~ni„ ar that fimg an.f1 ~ "hpld" 4vi11 be DlaCed On \'OUr old card. After such time, if you find your aid 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::'ithdrawal 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 520. 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 yo`y~r account resulting from an error you made while making a deposit at an Automate`tf Teller machine (ATM). You agree to pay the charges or transaction fees vahich 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 STnq cycTEpag ATM that we have the right to verify the deposit before we make the money available to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular 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 owned by us or another financial institution. You also understand and acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the amount of funds which may be deposited and that we may not control these limits. _6._. LIABILITY - It the ATM CARD is issued for a joint account, you agree to be jointly and severally liable under the terms of this Agreement and-the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks, drafts or other items) and we make funds available to you from such. deposits prior to their collection, you agree that we may deduct the amounts of such funds from your account(s) which are-not collected or, if the funds in your account(s) are insufficient at such time, you will promptly pay to us any amount of such funds which are not collected. 7. AMENDMENT OF THIS AGREEMENT -You agree that from time to time we may amend or change the terms of this agreement including amendments or changes to add further ATM CARD services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the ATM CARD after the effective date of any such amendment or change shall constitute your acceptance of and agreement to such amendment or change. •;'-uf~ERSHIp -- v u ,a,ea that tha ATM f:.A.RD is our orooerty and you will surrender it to us upon our request. You agree that the ATM CARD is non- transferable. 9. DISCLOSURES -You hereby acknowledge receipt of the disclosure statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement REGULATION "E" DISCLOSURE 1. ELECTRONIC CHECK CONVERSION/ELECTRONIC RETURNED CHECK FEES - If you pay for something with a check or share draft, you may authorize it to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned check fees. You are. considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY - • ATM, ACH and SST - Telt us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible- losses down. You could lose all the money in your account plus your maximum overdraft line of credit. If you believe your card has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 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 yourstatement 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 Sta,_ employees Credit Union P.O. Box 67013 Harrisburg, PA 1 71 U6-701 s PSECU Business Hours: 8:00a.m.-5:00p.m.M-F TDD (800) 472-1967 Natiomvide (717) 777-2100 in Harrisburg 4. FINANCIAL INSTITUTION'S BUSINESS DAYS - • ATM, ACH and SST - PSECU's Business Days are Monday through Friday, Holidays not included. 5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER MAY MAKE - • ATM -Balance inquiries on checking, savings and PSL; withdrawals from checking,'savings; cash advance from PSL; deposits to checking/savings; purchase goods and services ai any accepting retail establishment. • ACH -Preauthorized debits and credits to checking and savings. • SST -Balance inquiries and transaction histories on all share, certificate and loan accounts; transfers from any share to another share or loan account from your PSL to any share or 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 art 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 - • ATM -You are entitled to receive a printed receipt at the time of each transaction. You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • ACH and SST -You will receive a monthly statement showing the status of your account, any transactions made during the month, and any penalties or charges PSECU may impose during the month. • If you have arranged to have a direct deposit made to your account at least once every o0 days frilni tiro saiiic Ner~Jri Ci wiT,pBi~y, you Con C.^.ll US wt (800) 237-7328 to find out whether or not the deposit has been made. 8. STOP PAYMENT RIGHTS -PRE-AUTHORIZED TRANSFERS - • ATM and SST -Not applicable. • ACH -Right to Stop Payment and Procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide) or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees Credit Union, P.0. Box 67013, Harrisburg, PA 17106-7013, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. • Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be, You may choose instead1o get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. • Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, unless we request and do not receive written confirmation of an oral stop payment within 14 days and the transfer takes place after 14 days, or you fail to give us proper instructions that would enable us to place the stop on the transfer. 9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR STOP CERTAIN TRANSFERS - • ATM - If PSECU fails to complete a transaction on time or in the correct amount, when properly instructed by you, PSECU will be liable for damages caused by our failure unless: (1) 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 ~IecKronic Funds Transfer, ATMM~reement 2 (continued) 7e~u/ation_"E" Disclosure i ! ~ ~ •' ~bv^^~C' ••• l111 the fra.^.SaCt:On •^~n,~l(i arrond tY'Ia i Nei mlSSilric trSf SaCtfG,n 'iS~cv u , ~~, ~ • ~ •• - security limitations on the use of your ATfv1 CARD. • ACH and SST - If PSECU fails to complete a transaction on time or in the correct amount, v;hen 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 i 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 frnm a Kona fide arrnr 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 parry, such as a credit bureau; (3) to comply with government agency or court orders; (4) in accordance with your written permission; (5) to comply with government or administrative agency summonses, subpoenas, or court orders; (6) on receipt of certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; Regulation P, Privacy of Consumer Financial information; and (7) when it is necessary to take legal action to recover shares. 11. STAR SYSTEMS SERVICES - • ATM Only -You may use your ATM CARD with your Personal Identification Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New Jersey and Pennsylvania to conduct any of the following transactions for the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking your Regular. Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. ;OTE: The:.^. 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 balances} 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 try 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 th' '3ily limit at any time. In the event that your daily limit is less than S500, CU 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. Fey senu'ity p,~rp~000. }he(P ara alcn rortain daily IimitatiOnS 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 •.vill be denied use of your ATt.4 CARD if you exceed the daily withdravdaUpurchase limit, it you do not 'cave adequate funds available in your account, do not enter the correct Personal Identification Number (PIN), or exceed the frequency of usage limitation. The receipt provided by the STAR SYSTEMS or PLUS SYSTEM ATM cr 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 ATfA CARD. The number of attempts that result in machine retention is not revealecJ for security purposes. 1~. ERf:OR RESOLUTION PROCEDURES - • ATM, ACH and SST - In case of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237-7328 Nationwide, TOD (800) 472- 1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at: Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA 17106-7013, as soon as you can i( 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 (ii 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 ^~CCU ~...... „y , time If takes [U Wrnpiete Elie iiive5tigdtivn. if , -u•:o nOt recel y~Ur 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 - li 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 ~t'ansaction (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 AGAINSTTHE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. 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W~ ~ O ~- O p ~. f U ° ~° ~ 3 ;o c ' n ~ p - p 3 a' `D ° n . ° ° o ~ < < o < ° «, $ ll v o - C 3 co m m T ° ° ° T ~ ~ ° y O ° - ° ° m ° ~ 7 ~ n ~ EXHIBIT "C" _Y. l~~- ~ O ~_ _ ..: 09/02/2009 U a a ~QotoC.o~ ~ Sent via certified & regalnr rreai! ' Certited Rcpt # 9639 i ~I~ • l~I 1 JOY P CLEVELAND 4101 CLI1B I-[OUSE DR, MrCHANICSBURG, PA 17050-9120 Dear JOY P CLEVELAND, SETTLE. YOUR CREDIT UNION UEI3T AND GET A 10% DISCOUN'I'tt As a Credit Union, we recognize that unexpected occurrences can sometimes result in difficulty meeting financial obligations. PSECU would like to help you with fulfilling your outstanding obligation with aone-time opportunity to satisfy your severely delinquent PSECU Charged Off Visa Loan by establishing a monthly payment agreement. We can help if you are willing to work with us; however, a decision must be made now as we are on the verge of pursuing legal remedies to collect your debt. To assist with your decision, I would like to describe rive scenarios: Allowing us to work with you: •:•We will seduce yo~:r c;srent Charged Offl'isa Loan balance from $1=:,Y33.13 to 9~12;794.J2. •: We will stop all interest and late fees from further increasing your obligation. :• We will work with you to establish a reasonable monthly payment. •: Your credit report, which now reflects acharged-offaccount, will show you have resumed making payments. •This is a one-time offer which is good for l4 days from the date of this letter. •:• If you fail to consistently make the established monthly payment, this agreement will be immediately voided and the loan will be turned over to our attorney for legal action. Ignoring this letter and doing nothing could result in the following: :•We will forward your file to our attorney or third-party collection agency following i4 days of this letter. ' •:•Collection costs of 20% plus additional court costs will be added to your outstanding Charged Off Visa Loan balance resulting in an increased outstanding obligation. s Oru• attorney will file a judgment against you in Civil Court for the increased amount. '.•Your appearance in court will be requested. •:•A Lien will be placed on your personal property and be reflected on your credit report for up to 20 years making it more difficult to obtain credit in the future including buying a vehicle and buying or setling a house. •:•Any co-applicant on this loan will be negatively impacted in the same way. •:•Your account could be refereed to a third-party collection agency for additional collection efforts. This choice is clearly up to you. Please call mc, toll free, at 1-800-237-7323, or locally at 717-234-8434, extension 3119, to take advantage ofthis one-time offer. Sincerely, Michelle Hess Collector Member Services cc: ROSS M CLEVELAND JR F~nnsylvania Stfata employees Credi4 lDnioro Maln Address: 1 Credit Union Ploce, Harrisburg, PA ] 7110.2990 • 717.234.8484 • 800.237.7328 Moiling Address: P.O. Box 67013, Harrisburg, PA 17106-7013 • 717.777.2100 (TDD) • 800.472.1967 (1'DD} pseev.com This credit union is federolly inwred oy the ti°tion°~ Credit U°ion Adminish°fon. Equ°1 Oppotlunlry lender C~00 (~~i baa~~o~~e~n ,1.. I~lJl=i l.1 i f,.,l~~,.. ~':~.* r ]L y y5i i' G a, V . +'1 Yom. ."i __~-C~ 1~ f• 1P~ _~ [ i ~5 a ! rn 1;L r, i ~. +r.~j,~q! ~>~'r~ 7I !j! [ rt If~~nl 1lT~~~~,~-7Lz+~ ~~tt~~'~~.. ..A ' -1~•1?S``~%t'Y7~1 yet{j_I a Ti S~yf1 C~~ .: t_ •• ~ .t r~~ .. 11 (~ 1. \-~~ ~ wfi":d r2o I _- ~- 1•y`~ ~ 1S~~atroark ~ ) ~ lam,^,I+a:sem3nir.z:;r.:a6; L,._,._ ~.:L +~ Vic'; ~ :~sidc4u' 9a8y•arti' `a~ -% ~ . {=n6orac:n.r,:a34.,'rc"-') ~--.__,..~r~__ C/~~J _^ . . ~ 'r•fat PosaQi ~ ~ rsrs I Y a~~... ~• 1~ ~_._.-~__ 1 ~ Joy P. Cleveland ~ .. ........... ..~ 4101 Club House Dr. r`- Mechanicsburg, PA "17050-9120 ""'""""~~ . ,..~_~A.. ~I c Calnplete Items 1, 2, anr13. Also complete knn A if geolricted Derrvory is desirttl. n Rinl your nano and Ixldrasa on rho revenro so that Wo can Tatum the card to yar. ~ Attach this card to ltlo track of lha muilpHrca, ar on the (rant if spaco pernrils. _ 1. Allk:Ai AdArrs,crl lo: ,l /~ Joy P. Cleveland 4101 Club Flouse Dr. Mechanicsburg, PA 17050-9120 ~ ro ~ ~~~t-C~ ° "gent X lAddressno p, ece by(Pdnled,/N~m+w) C rDya roof DoYvcry U, is ddWCry arldmss dafadnt Imm Aem 1? ~ No II YFS, onterddivcry eddre:a tuiorr. UZ~~ ~ `~ ~ ~ ~ `t ~ 3, ° a Typo cerulwd Mau ^ Express Mail ^ Replslerod ^ Rotum Rocelpt lur Mon:tatlx7lso ^ Insured Mail ^ C.O.D. 4. Rrstrkled DeFVe yr (F~rm FceJ ^ Yor, z. AAidoNwnber 70118 11111) ~0~4 2479 9639 (1'ams/cr from survke ArM:Q .__._-_____~__~---__._.. _..__.__. _.._.._ . _. __ D+xre~slic Rulwn Receipt ~~~~~~-foa59rreNa~lS+o PS Fomr 3611, Fehnlary ~O[M PSEC ROSS M CLEVELAND J2 ~~ 4101 CLUB~IQU DES R, MECHAN[CSBURG, PA 17050-9120 Dear ROSS M CLEVELAND JR, (~ D 09/02/2009 ~ a a ~q o~ c~ u `~ Sent via certified & regular mail Certified Rcpt fl 9622 SETTLE YOUR CREDIT UNION DEBT AND GET A 10% DISCOUN'1'1! As a Credit Union, we recognize that unexpected occurrences can sometimes result in difficulty meeting financial obligations. PSECU would tike to-help you with fulfilling your outstanding obligation with none-time opporhmity to satisfy your severely delinquent PSECU Charged Off Visa Loan by establishing a monthly payment agreement. We can help if you are willing to work with us; however, a decision must be made now as we are on the verge of pursuing legal remedies to collect your debt. To assist with your decision, I would like to describe two scenarios: Allowing us to work with you: :• We will reduce your current Charged Off Visa Loan balance from $ I.4,4~8,•l~ to S 12,9y4.32. •:• We will stop a!l interest and late fees from further increasing your obligation. V :• We will work with you to establish a reasonahle monthly payment. •: Your credit report, which now reflects acharged-offaccount, will show you have resumed maki,ig payments. •:•This is a one-time offer which is good for 14 days from the date of this letter. s~If you fail to consistently make the established monthly payment, this agreement will be immediately voided and the loan will be turned over to our attorney for legal action. ignoring this letter and doing nothing could result in the following: •3 We wit I forward your file to our attorney orthird-party collection agency following 14 days of this letter. •Collection costs of 20% plus additional court costs will be added to your outstanding Charged Off Visa Loan balance resulting in an increased outstanding obligation. •:•Our attorney will file a judgment against you in Civil Court for the increased amount. •:•Your appearance in court wilt be requested. :•A Lien will be placed on your personal property and be reflected on your credit report for up to 20 years making it more difficult to obtain credit in the future including buying a vehicle and buying or selling a house. Any co-applicant on thisloan will be negatively. impacted in the same way. 3Your account could be referred to a third-party collection agency for additional collection efforts. This choice is clearly up to yott. Please call me, toll free, at f-800-237-7328, or locally at 717-234-8484, extension 3119, to take advantage of this one-time offer. Sincerely, Michelle Hess Collector Member Services cc: JOY P CLEVELAND >Pennsylvanln State Employees Credit Union Main Address: 1 Credit Union Ploce, Harrisburg, PA 1 71 1 0-2990 • 717.234.8484 • 800.237.7328 Mailing Address: P.O. Box 670] 3, Harrisburg, PA 1 71 06-701 3 • 717.777.2100 (fDD) • 800.472.1967 (TDDj psecu.corn This crodit union Is federolty insured by the Nollor!ol Credit Union Adminislrolion. Egvol Opportunity Lender ~Oc ~~7 c~ aa~~c~~~~ ~~;1_ 5-1~! I1 ~ J:.iri ~Vll. -~ ut wit ~ ~~.~ti'1 .~ '- ~ 1...~ ~ !'.! i5~~~x-° J__._7~.ufi.•.'lJ:~~!•~'2:r'(;`(~"~ti~;+',r"-..~ f; f•^r'Y Ta ~R f ~f 'lur~itiiyii.' yy`I:6.l~l y?.~~ll yam' ~*-t , ~ ,['~.j-- /- ~._ w:iY ~r%. 1 ~~ ~ C3 Fatum P.aca;0i Fsa 1( :..-1 Pastrr3r~c f , _, ; L7 (tn~a:s»;a02R~Gu'n:u) ~ - 3~ tJI.J ~r`'~~ -Harp=' ~ ?~strk!:dOst'varyi~as ~-~!..~~_~ 4 ~''s, !-- ~ fEndOrscm~rt ~'34'~:~n) 1 1_....... t ~.~ ~. ~ Ross M. Cleveland I ~ 4101 Clup House Dr. "--•'-•--°--••--ti ~ Mechanicsburg, PA 1 7050-91 20-'------------'-~ ~il~"'iKi4yr ~ ~ - ter' 6~ Y:.!"'..t-.:+riy%'~l. ~tb _'1 »,4rl~it~~r~ k ~,~'. '. ~`~ :wstta ~rJ.J~~ P ~ PENNSYLV/uVIA STATE ,,. P ~T r'r SEP 02 2009 EMPLOYEES CREDIT UNION +`•~ ~ '~`~??.y'*~ + P.O. Box 67013 ~ . r:,, us r~sraoE Harnsburg, PA 17100.7013 + ~ ; ~'~ Flrsr-Class ~IaA 1'•;~{: '} '6,+ asalLeu ~RCre 18..0! AWRESS SERVICE REQUESTEL 'j'i~•. •Z~~?.x.Ll~•3~ a f iA0~f17cod7-~i 7~OB 1140 0004 2479 9622 f ~Y. r i'i~r, -lhYV ' -.. .... .. ~Zf~'i NSX:[t 176 .S G: 1 QO 0:315?:•'?/09 ROSS M CLGVGLANU 1R r • 4lOl Cl.llfi F[OIISL DR, R~TUNCLA3r~[ DNDEar MGC1L1N1CSf3URCi, P/\ 17050-9120 UNABLE TO FD}'t1JARD .. .. ~~r_: 1;.t 06'%U1,11J xy?.;g.}J-02199-02--AA l.i =r'•1-Y •-1}t„if05C701:J ~nr~~~nr~nr~~~~nu~~n~ur~~~uun~I n~~nu~~u~~i~~nr~ r PSEC~k 03/14/2009 JUY P CLEVELAND 4101 CLUB itOUSE DR, MECPIANICSBURU, PA 17050-9120 Dear JOY P CLEVELAND: ~= ~ ~~ daa~~~~~ We have tried several times to contact you concerning your Charged-Off Visa Loan. This account still has an outstanding balance of $14,438.13. We have continually expressed our willingness to work with you. When your balance is paid in frill, eve will report it to the credit reporting agencies as a paid charge off. And, you will be eligible to apply for our member services. Should you continue to ignore your obligation to pay this debt, I will have no alternative but to submit your account for Manager Review. 't'his may result in your account being sent to a collection agency or legal action taken. Should any of these options be necessary, you will be responsible for all cost and fees incurred. Please call meat 234-8434 in Harrisburg or call our toll-free nucnber (800)-237-7323. At the menu prompt, press 6, then ext. 31 l9. Sincerely, Michelle Hess Account Advisor Pennsylvania State Employees Credit Union Main Address: 1 Credit Union Place, Harrisburg, PA 171 10-2990 • 717.234.8484 • 800.237.7328 Mailing Address:l?O. Box 67013, Harcisburg, PA 17106-7013 • 717.777.2100 (TDD) • 800.472.1967 {TDD) psecu.com Thls uedit union is federo ly iroured 6y fi•e National Credit Union Admmis!raiion. Equal Opporlundy larder PSEC~ C~Oo p`~ oaac~~a~~~~ os/l~/aoo~ ROSS NI CLEVELAND JR rl lOl CLU Llli O~CJ~E DR ° IvIECHANICSBURG, PA 1705 Dear ROSS Pv1 CLEVELAND JR: We have tried several times to contact you concerning your Charged-Off Visa Loan. This account still has an outstanding balance of $14,438.13. Remember! As Co-applicant, you are equally respoasiblc for the repayment of this account. Gam' We have continually expressed our willingness to work w[th you. YYhen yurrr balance is paid in fill, we will report it to tfre credit reporting agencies as a paid charge off. Sleould you continue to i r~ core your obligation to pay this debt, I will have no alternative but to submit your account for Manager Review. This may result iu your account being sent to a collection agency or legal action tatcen. Should any of these options be necessary, you wilt be responsible for all cost and fees incurred. Please call me at 234-8484 [n I-IarTisburg or call our toll-free number (800)-237-7328. At the menu prompt, press 6, then ext. 3 I l9. Sincerely, Michelle Hess Account Advisor Pennsylvania State Employees Credit Unison Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990. 717.234.8484 • 800.237.7328 Mailing Address: P.O. Box 67013, Harrisburg, PA 1 71 06-701 3 • 717.777.2100 {TDD} • 800.472.1967 (T'DD) psecu.com This credit union is federally ~rsured by the Nofionol Credit Union Adminrslra~on. Equal Oppodunity tender L~.~ PSEC~k ox/o4/zoo9 JoY P cLrvr:1,AND 4101 CI.UIi HOUSE DR, MECI-IANICSI3URG, PA 17050-9120 Dear JOY P CLIrVGLAND; ~~ /~l v~ ll On July I, 2009, I sent you a letter concerning your Charged-Off Visa Loan. This account still has a balance of $14,438.13. It is very imuortaut that you contact me immediately. We are ivilliny to work tivith you to improve your credit value with us. Please call me at 1-800-237-7328 or 234-848d (enter G) art. 3119 to diseerss a suitable payment arran wnent. When your balance is paid in full, we will report it to the credit reporting agencies as a paid charge off. And, you will be eligible to apply for our member services. Upon your request, we can refer you to an agency that can help you with your budget and ottler debt problems. This is anon-profit agency and the service is free. Let us help you get back on hack. Siacereiy, Michelle I-Iess Account Advisor Pennsylvania State Employees Credit Union Main Address: ]Credit Union Placu, Harrisburg, PA 17110-2990 • 717.234.8484 ~ 800.237.7328 Mailing Address: P.O. Dox 67013, Harrisburg, PA 17106-7013 • 717.777.2100 (TDD} • 800.472.1967 (IDD} psecu.com This uedd union is fede•ally insured by ~ha National Credit Union Administration. Equol Opportunl~y lender PSEC JOY P CLEVELAND 4 l U 1 CLUB HOUSE DR, MECHANICSBIJRG, PA 17050-9120 Dear JOY P CLEVELAND: 07/01 /2009 C~OG°~~l oaa~~o~~~~ On 06/24/2009 your Charged-Off Visa Loan was charged off for S1=1,438.13. You are still responsible for reLayment of this entire debt. lfecaase i-rteres[ stopped accruLrg, ibis allows rrs to nccept paytnen! arrangeneents sellable 1o yarn prese~rl franacirr! si[uatinre. As your Account Advisor I will assist you with questions and concerns. I will work with you to help you get back on track with >:IS. This will give you the opportunity to become eligible for our member services. Please call me nt 234-8484 in Harrisburg or call our toll -free number (800) 237-7328 At the menu prompt press 6 then ezt. 3119. Sincerely, 1Vlichelle Hess Account Advisor enc, ~ennsylvneria 54atE IEmplogess Credit l9nion Main Address: 1 Credit Union Place, Harrisburg, PA 1 71 1 0-2990 • 717.234.8484 • 800.237.7328 Mailing Address: P.O. Box 67013, Horrisburg, PA 17106-7013 • 717.777.2100 (TDD} • 800.472.1967 (TDD} ss®eu.eonr This credit union is federally insured by the hlaNonal Credit Union Administration. Equal Opporturrily lender I PSEC 0710 l/2009 ROSS M CLEVELAND JR 4101 CLUB HOI1Si; DR MECHANICSBURG, PA 17055 Dear ROSS M CLEVELAND JR: COp~ 6a~~ga~c~~~ On 06/24/2009 your Charged-Off Visa Loan was charged off for X14,438.13. As co-applicant, you arc egaal[y responsible for repayment of this entire debt. Because interest stopped accruing, this allows us to accept payment arrangements suitable to your present financial situation. f1s your Account Advisor I will assist you with questions and concerns. Please Gail meat 234-8484 in Harrisburg or cal! our to[1-free number (800)-237-7328. At the mepu prompt, press 6, then ext. 3119. Sincerely, Michelle Hess Accotmt Advisor enc Pennsylvania Stote Employees Credit dtnion Main Address: i Credit Union Place, Horrisburg, PA 1 71 1 0-2990 • 717.234.8484 • 800.237.7328 Mailing Address: P.O. Box 67013, Harrisburg, PA 1 71 06-701 3 • 717.777.2100 (TDD) • 800.472.1967 (TDD) psacv.eom Thit credal union is fedaraliy insured bl' fhe NaHona! Cred+t Union Adminislrofwn. Equal Opportunity lender C'~~`~~e~fl~l>}~ PSEC~ JOY P CL ,VELAND ~! 101 CLUB KCSUS R, MECHANICSBURG, PA 17050-9120 Dear JOY P CLEVELAND: 05/01/2009 PSECU has made numerous attempts to contact you and to negotiate suitable payment arrangements. We received no response. Your Visa is 157 days past due! This is your final notice. Unless we receive the payment amount of$1,662.00 by 5116/09, we may refer your account to our Legal Review Committee. ~' If this occurs, a judgment may be entered and executed against you. All court costs and fees will be added to your loan balance. If eve do not take legal action and payments are not received, we will charge off your account. You will still be responsible for the balance. In either case, yo~ir status will be reported to all national credit bureaus. Tltis is a serious situatlon that requires your lsnmediate a#tention. If you cannot make the full payment, we are willing to negotiate a reasonable payment schedule that 6ts your needs. Call me today to see if we can resolve this situation. I can be reached at 234-8484 in Harrisburg or call our toll-free number, (800} 237-7328. At the menu prompt, enter 6 then extension 3123. We are open from 8 a.m. to 8 p.m. Monday through Thursday, 8 a.m. to 5 p.m. on Friday and 10 a.m. to 6 p.m. on Saturday. Sincerely, Lisa Messner Account Advisor ~__ Pe nsyi n St a It IJn Main Address: 1 Credit Union Place, Harrisburg, P 37.7: Mailing Address: P.O. Box 67013, Harrisburg, PA 17106-70 7 . _ 67 (T ~secu.c This ued{t union is federgity insured by the Ngflorgl CredH Union Adminisiroiion. Equgl OoogrluniM Le PSEC~k ROSS M CLEVELAND JR .~ 4101 CLUB I-iOUSEl3R IViECItANICSBURG, PA 17055 De~u ROSS M CLEVELAND JR: osro u2oa9 a~~~`~~~a~~~~ PSECU made several attempts to contact you and to negotiate suitable payment arrangements. We received no response. The Visa that you are the co-applicant on is seriously past due! This is your final notice. Unless we receive the payment amount of 51662.00 by 5/16/09, eve may refer your account to our Legal Review Committee. If this occurs, a judgment may be entered and executed against you. All court costs and fees will be added to you loan balance. If we do not take legal action and payments are not received, we will charge off your account. You will still be responsible for the balance. In either case, your status will be reported to all national credit bureaus. This is a serious situation that requires your in-mediate attention. If you cannot make the full payment, we are willing to negotiate a reasonable payment schedule that fits your needs. Call sne tod2y to see if we can resolve this situation. I can be reached at 234-8484 in Harrisburg or call our toll-free number, (800) 237-7328. At the menu prompt, enter 6 then extension 3123. We are open from 8 a.m. to 8 p.m. Monday through Thursday, 3 a.nT. to 5 p.m. on Friday and 10 a.m. to 6 p.m. on Saturday. Sincerely, Lisa Messner Account Advisor Pensssyivartia Siaie Empbyees Credi4 ilnion Main Address: 1 Credit Union Ploce, Harrisburg, PA 17110-2990 • 717.234.8484 •800.237.7328 Mailing Address: P.O. Box 67013, Horrisburg, PA 17106-7013 • 717.777.2100 (TDD) • 800.472.1967 (fDD) ~secu.com This credit union is fedoroNy insured by Ihs Mot'rond Credit Union Admtnistrot?on. Equal OppoAunNr Lander ORIGINAL No. 10-7519 Civil Term FILED-OFFICE OF THE PROTHONOTARY 2311 FEB 18 PM 1: 05 CU PENN YLVAN A TY BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOY P. CLEVELAND and ROSS M. CLEVELAND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7519 Civil Term PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union and against Defendants, Joy P. Cleveland and Ross M. Cleveland, for want of an answer in the amount of $16,438.13 plus costs of suit. (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. ( ) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), 1 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. 3129717.1 Dom} vq °D Pd 01/4/ %'w (4.A b3?3 255 yo wb" JAa,; l&I No. 10-7519 Civil Term (X) Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. q Date: 9 d NOW, F-e)p. I R BARLEY SNY ER LLC By: Shawn M. Long, Es ire Court I.D. No. 837 4 Attorneys for Plaintiff, Pennsylvania State Employees Credit Union 126 East King Street Lancaster, PA 17602 717.299.5201 2011 JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, Civil Division By: 3129717.1 No. 10-7519 Civil Term BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 717.299.5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOY P. CLEVELAND AND ROSS M. CLEVELAND, Defendants Attorneys for Plaintiff Pennsylvania State Employees Credit Union COURT OF COMMON PLF.AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7519 Civil Term To: Joy P. Cleveland Ross M. Cleveland 4101 Clubhouse Drive Mechanicsburg, PA 17050 Date of Notice: January 19, 2011 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, 31106971 No. 10-7519 Civil Term A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717.249.3166 800.990.9108 BARLEY SNWER LLC By: Shawn M. Lon , Esquire Court I.D. No 83774 Attorneys fo Plaintiff, Pennsylvania State Employees Credit Union 126 East King Street Lancaster, PA 17603 717.299.5201 Default Notice Affidavit of Service (Cumberland County) - PSECU v Joy Cleveland No. 10-7519 Civil Term BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOY P. CLEVELAND AND ROSS M. CLEVELAND, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7519 Civil Term AFFIDAVIT OF SERVICE Colleen Brelje, Paralegal, doth depose and say that she served a true and correct copy of the 10-Day Default Notice upon Joy P. Cleveland and Ross M. Cleveland, 4101 Clubhouse Drive, Mechanicsburg, Pennsylvania 17050, by regular mail on January 19, 2011 at 5:00 p.m. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: February 8, 2011 BARLEY SNYDER LLC By: Colleen Brelje, Paralegal 126 East King Street Lancaster, PA 17602-2893 717.299.5201 31106971 ORIC71NAL BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 717.299.5201 No. 10-7519 Civil Term Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOY P. CLEVELAND and ROSS M. CLEVELAND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7519 Civil Term AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 The undersigned, Shawn M. Long, Esquire, doth depose and say that Joy P. Cleveland and Ross M. Cleveland, Defendants are not in the military service of the United States of America, based on the following facts: Age of Defendant is unknown; present place of employment is unknown; present place of residence is: 4101 Clubhouse Drive, Mechanicsburg, Pennsylvania 17050, as of the date of this affidavit. ADDITIONAL FACTS, if any. The statements set forth in this affidavit are made subject to the penalties of 18 Pa. C.S., §4904, relating to unsworn falsification to authorities. BARLEY SNYDER LLC By: haven M. Long, Es ire Attorneys for Pi iff Court I.D. No. 8 74 126 E. King Street Lancaster, PA 17602 717.299.5201 3129717.1