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HomeMy WebLinkAbout04-345867 Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. ON -3YS'? C tc?i??1 MONICA SMYERS, Defendant CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL AV I S 0 PARA DEFENDER Conforme a PA Num. 1018.1 USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la demands puestas en las siguientes piginas, usted tienen que tomar acci6n dentro veinte (20) dias despuds que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en contra usted. Usted es advertido quo si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mss aviso por cualquier dinero reclamado on la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para. usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUi ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PENNSYLVANIA STATE EMPLOYEES IN THE COURT OF COMMON CREDIT UNION, PLEAS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. [ No. DY- 3YL'P (.tvC.'7'? MONICA SMYERS, Defendant CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and through its attorneys, Steven C. Courtney, Esquire and Godfrey & Courtney, P.C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Pennsylvania State Employees Credit Union, is a financial institution qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place of business situate at 1 Credit Union Place, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Monica Smyers, is an adult individual with a last known address of 232 S. 3`d Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Defendant is, and at all relevant times material hereto was, an applicant for a loan with Plaintiff. 4. Defendant applied to Plaintiff for a Visa Loan. A true and correct copy of the loan application is attached hereto, incorporated herein and marked as Exhibit "A". 5. Pursuant to the loan application marked as Exhibit "A", Defendant agreed to the terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security Agreement (hereinafter referred to as "Contract'). A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B". 6. The contract marked as Exhibit "B" contains the terms and conditions of the extension of credit agreed to by Defendant. 7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 8. Defendant has defaulted on the loan by failing to make timely payments. 9. Defendant has not made a payment on account of the Visa Loan with Plaintiff since August of 2003. 10. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 11. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 12. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 13. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 14. As of June 9, 2004, the total balance due, owing and unpaid on Defendant's Visa Loan account with Plaintiff is the sum of $8,992.02. 15. Pursuant to the terms and conditions of the extension of credit contained on the loan application, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 16. Pursuant to the terms and conditions of the extension of credit, Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 17. Plaintiff has retained the services of the law firm of Godfrey & Courtney, P.C. in the collection of the amounts due and owing by Defendant. 18. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Godfrey & Courtney, P.C. in the collection of the amounts due from Defendant incident to the within action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 19. The amount of attorney's fees incurred in this matter is $1,798.40 and the aforesaid amount has been added to the amount owed by Defendant. 20. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 21. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Marisa Smyers, in the amount of $8,992.02 Dollars, plus interest, reasonable attorney's fees in the amount of $1,798.40 Dollars, the costs of this action, and such other relief as the Court deems just and proper. GODFREY & COVkTNF P.C. By: Steven C. Co e 2215 Forest Ht s Drive Suite 36/Box 6280 Harrisburg, PA 17112 (717) 540-3900 I.D. # 74669 Attorney for Plaintiff i VERIFICATION I, Bonnie L. Berkoski, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have famished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.9:A. §4904 relating to unswom falsification to authorities. Bonnie L. Berkoski Date: u Donmmnt 0 ' 180111.1 W 16 2001 VISA ACTIVATION NOTICE Loan Information May 11, 2001 10 Ref # : 136747 5981 Approval Amount: $9,000 Home Telephone #: 717 540-4270 Work Telephone # : 717652-75m", Applicant: MARISA SMYERS SS #: 182-46-4136 Signature I acknowledge receipt of the PSECU LOANLINER Disclosure and Credit Agreement and agree to be bound by the terms et forth in said agreement. Signature of MARISA SMYEPdS Date • I would like an immediate VISA advance of $ . Purpose: Send a ? check, or ? deposit to my Share 4 • You must select your VISA loan transaction repayment option. ? Transfer automatically on the 25th of each month (select one): ? minimum amount ? alternate payment amount of $ ? previous month's balance el will mail a payment monthly by the 25th. • You may have one additional card issued on your VISA account. Indicate your choice below: ? Please issue an additional card in the name below. I authorize him/her to use it and I accept full responsibility for all charges and/or cash advances just as though I made them. Authorized card holders may not order replacement cards or obtain VISA account information (i.e. detailed transactions, balance information, payment activity). MARISA SMYERS must sign below. Name of Authorized Card Holder Signature of MARISA SMYERS ci/ " SCANNED r)L ?.?.a:3 z-^.?IYWlJIQ'V 4G iG i'?/?Ir//V?/GIvJ Vraivytivvrasvrr PO Box 67013 p Harrisburg, PA 17106-7013 0 (717) 234-8484 (800) 237-7328 Nationwide Disclosures HOW THIS PLAN WORKS - The credit union anticipates that you will borrow money (called advances) under this Plan from time to time. The credit union, however, is not required to make advances for you under this Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called subaccounts) available under this Plan. If you have been approved for credit under a subaccount marked with a star ("), you will be given a specific credit limit for that subaccount. For other subaccounts you may not be given a specific dollar limit PROMISE TO PAY - You promise to repay to the credit union all advances made to you under this Plan and any applicable charges described in the Addendum together with Interest on what you owe unfit the total amount has been repaid. The interest rate depends on the subaccount under which the advance Is made. The Addendum shows the current Interest rates as daily periodic rates and their corresponding annual percentage rates. If the interest rate for any or all advances is a variable interest rate, the Addendum explains how the variable Interest rate works. PAYMENTS - The amount of payments for an advance is determined according to the payment schedule in the Addendum. If the Addendum has no payment schedule for a subaccount, the amount and due date of payments will be determined at the time of each advance. You may pay any or all of the principal balance on any business day. You promise to make payments in the amount required under the payment schedule provided on your disclosure statement. Payments are not reduced as the principal balance declines. 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 prepay all or part of what you owe at any time without any prepayment penalty. LATE CHARGE - If your (minimum) payment is not received by us within 15 days of its due date we may charge and you have to pay a late charge of 5% of nverdue navment. COST OF CREDIT - The dollar amount you pay for money borrowed Is called a finance charge and begins on the date of each advance . 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 new advances have been added. A finance charge will be computed separately for - each separate balance under this Plan. - - SECURITY INTEREST - You agree that all balances under this Plan except those obtained by using your ATM card to access your tine of credit subaccount will be secured by the shares and deposits in all joint and individual accounts you have with thg credit union now and in the future. You will give us a security Interest in all Individual and joint accounts you have with the credit union now and in the fututg to secure all advances obtained by use of your ATM card. Additional security will be required depending on the subaccount under which an advance is requested. For example, a subaccount called "New Car Advances" means the security will be a new car. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest you have given In your shares and deposits. Property given as security under this Plan or for any other loan may secure all amounts you owe the credit union now and In the future. However, for purposes of loans made under this LOANLINER Agreement, the credit union specifically waives any security interest it may have In your dwellings given through any other mortgages or security agreements. DEFAULT - 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 this Plan or if anyone is in default under any security, agreement made In connection with an advance under this Plan. You will be in default if you die, file fu. bankmptcy, become insolvent, have your PSECU account garnished, if you make any false or misleading statements in any credit application or update of credit Information, or if something happens which the credit union believes may substantially reduce your ability to repay what you owe. In the case of loans not When you are In default the credit union can demand immediate payment of the entire unpaid balance under this Plan without giving you advance notice. If immediate payment is demanded, you will continue to pay interest. at the applicable Interest rates in effect under Nis Plan, until what you owe has been repaid. If a demand for Immediate payment has been made, the shares and deposits given as security for this Plan can be applied towards what you owe. In the case of Certificate Secured loans, you agree to pay any penalties in connection with redemption of the certificate. The credit union can also exercise any other rights given by law when you are in default PROPERTY INSURANCE - You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property Insurance from anyone you choose that is acceptable to the credit union. CANCELLING OR CHANGING THIS PLAN - The credit union has the right to change the terms of this Plan from time to time after giving you any advance notice required by law. Any change will apply to future advances, and at the discretion of the credit union and subject to any requirements of the applicable law, will also apply to unpaid balances. An increase in the daily periodic rate under a variable Interest rate is not considered a change in terms under this Plan. The credit union can cancel the entire Plan or any part of this Plan at any time. You can cancel this Plan at any fine. Your obligation to pay the unpaid balances under the terms of this Plan continues whether you or the credit union cancel this Plan or any part of this Plan. ^STATWENTS AND NOTICES - On a regular basis you will receive a statement showing all transactions under this Plan during the period covered by the statement Statements and notices will be mailed to you at the most recent address you have given the credit union in writing. Notice to any one of you will be notice to all. JOINT ACCOUNTS - If this is a joint account, each of you authorizes the other(s) to get advances Individually under this Plan. That means an advance can be made upon the request of only one of you and that the check can be issued to only one of you. If you give inconsistent instructions, the credit union can refuse to follow your instructions, Each of those who sign this Plan will be Individually and jointly responsible for paying the entire amount owed under this Plan. That means the credit union can enforce Its rights under this Plan against any one of you Individually or against all of you together. UPDATING INFORMATION - You promise that you will promptly give the credit union written notice if you move, change your name or employment, or If any other information you provided to the credit union changes. You also agree to provide the credit union updated financial Information about yourself upon request. The credit union can delay enforcing any of its rights any number of times without losing its rights. If the law makes any term(s) of this Plan unenforceable, the other terms will remain in effect. SECURITY AGREEMENT -In this agreement all references to "credit union" mean the credit union whose name appears on this agreement and anyone to whom - the credit union assigns the LOANLINER Credit Agreement. All references to "the advance' mean the amount in the box labeled "New Balance." All refer- ences to "you" mean each person who signs this agreement. THE SECURITY FOR THE LOAN - By signing this security agreement in the signature area or under the statement referring to this agreement which is on the back of the check or draft you receive for the advance, you give the credit union what is known as a security interest in the property described in the "Security Offered" section of the voucher. The security interest you give Includes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replace- ments for the property which you buy within 10 days of the advance or any extensions, renewals or refinancing c. me auvar.ce. L' also includes any money you receive from selling the property or from insurance you have on the Property. If the value of the property dedines, you promise to give the credit union more property as security if asked to do so. The credit union will cease to have a security Interest in the property described in the "Security Offered" section of the voucher when the advance is repaid in full. PSECU FORM a 3146 (dam) This LOANLINER Credit Agreement and Truth in Lending Disclosure will be conforming to policy, the credit union reserves the right to charge the highest referred to as "this Plan." you" and your" mean each person who signs this signature subaccount Interest rate currently in effect at PSECU or may require Plan. The "credit union" means PSECU or anyone to whom the credit union payment in full. transfers its rights under this Plan. Leanliner Credit Agreement and Yrurh In Lcr dhaq Disclosure (coniinee) WHAT THE SECURITY INTEREST COVERS -The security interest secures the advance and any extensions, refewals or refinancings of the advance, ft alii secures any other advances you have now or receive In the W re under the LOANLINER Credit Agreement and any other amounts you owe the credit union for any reason now or in the future. If the property description Is marked with two stars (^), the property will secure only the advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY -You promise that you own the property, or if this 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 or claim against the property that you have not already told the credit union 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 security Interest or lien to attach to the property either by your actions or by operation of law. PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have the credit union's security Interest shown on the title. The credit union may have to file what is called a financing statement to protect its 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 the credit union thinks is necessary to protect Its security Interest in the property. unpaid balance of the advance or a new advance will be made and you will pay the Interest on those amounts at the same rate you agreed to pay on the advance. If the credit union adds amounts for taxes, fees or insurance or makes a new advance to include these funds, your payments will be Increased by the amount necessary for the total amount due to be paid off In the same number of months originally scheduled. DEFAULT - You will be in default if you break any promise you make under Nis agreement You will also be in default under the LOANLINER Credit Agreement If you are pledging property, but have not signed the LOANLINER Credit Agreement, you will be In default if anyone Is in default who has signed the LOANLINER Credit Agreement. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are In default, the credit union can, without advance notice to you, require Immediate payment of what you owe under the LOANLINER Credit Agreement and take possession of the property. You agree the credit union has the right to take possession of the property without going to court and without giving you advance notice. If you are asked to do so by the credit union, you promise to deliver the property at a time and place the credit union chooses. The credit union will not be responsible for any of your other property, not covered by this agreement that you leave Inside the property. The credit union will try to return that property to you or make it available for you to claim. USE OF THE 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 written permission from the credit union before making major changes to the property. (3) Inform the credit union in writing before changing your address or the address where the property is kept. (4) Allow the credit union to Inspect the properly. (5) Promptly nobly the credit union if the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. PROPERTY INSURANCE, TAXES AND FEES -You promise to pay all taxes and fees (like registration fees) due on the property and to keep the property Insured against loss and damage. The amount and coverage of the property Insurance must be acceptable to the credit union. 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 the credit union and to deliver the policy or proof of coverage to the credit union. If you cancel your Insurance and get a refund. the credit union has a right to the refund. If the property is lost or damaged. the credit union can use the Insurance settlement to repair the property or apply It towards what you owe. You authorize the credit union to endorse any draft or check which may be payable to you in order for the credit union to collect any refund or benefits due under your Insurance policy. If you do not pay the taxes or fees on the property when due or keep It insured, the credit union may pay these obligations, but Is not required to do so. Any money the credit union spends for taxes, fees or insurance will be added to the After the credit union has possession of the property, it can self it and apply the money received to any amounts you owe the credit union. The credit union will give you notice of any public sale or the date after which a private sale will be held. The expenses of the credit union 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 subsection 506(b) of the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the LOANLINER Credit Agreement. If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the advance and to what you owe under this agreement. You agree to pay interest on that amount at the same rate as the advance until that amount has been paid. . IVELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT-The credit union can delay enforcing any of its rights under this agreement any number of times without losing the ability to exercise Its rights later. The credit union can enforce this agreement against your heirs or legal representatives. If the credit union changes the terms of the LOANLINER Credit Agreement, you agree that this agreement will continue to protect the credit union. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by a court to be unenforceable, the rest will remain in effect. _ :II?Ah4H?Hr;if. This notice contains important Information about your rights and our responsi- bilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT- if you think your statement Is wrong, or if you need more Information about a transaction on your statement, write us on a separate sheet at the address listed onryour statement. Write to us as soon as possible. We must hear from you nolater than 60 days after we sent you the first statement on which the error m problem appeared. You can telephone us, but doing so will not preserve your rights. ' amount you question, Including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay. finance charges, and you will have to make up any missed. payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. In your letter, give us the following information: - Your name and account number. The dollar amount of the suspected error. - Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay a credit card account automatically from your share account or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been sallied between us when It finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even If your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this tight: (a) You must have made the purchase in your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. After we receive your letter, we cannot try to collect any amount you question, or These limitations do not apply if we own or operate the merchant, or if we mailed report you as delinquent. We can continue to send statements to you for the you the advertisement for the property or services. i ?tiy,irsfa-la ff0f, irapsi llI. lt'/?gJlalh'(Ha16YNlla2;Yl/:/ In this Agreement, the words you" and 'your" means each and all of those who apply for the card or who signs this Agreement "Card" means the VISA Credit Card and any duplicates and renewals we issue. "Account" means your VISA Credit Card Line of Credit account with us. "We". "us", and "ours" means this Credit union. - RESPONSIBILITY - If we Issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions If you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons. responsible to pay the amount 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. LIABILITY FOR UNAUTHORIZED USE - You understand that your total liability to the Credit union shall not exceed $50 for any card transactions resulting from the loss, theft or unauthorized use of the card that occurs prior to the time you give notice to the credit union, Such liability does not apply when the card is used to make electronic fund transfers. CREDIT LINE - If we approve your application, we will establish a self-replenish- Ing Line of Credit for you and notify you of its amount when we Issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which Is applied to the principal. You may request an Increase in your Credit Une only by written application to us, which must be approved by our Credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good muse, revoke your Card and terminate this agreement. Good cause includes your failure to comply with this Agreement or any other agreement with us, or our adverse reevaluation of your creditworthi-„. ness. You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the amount balance. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this agreement. 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. Adjusted Daily Balance (the balance which is subject to the Monthly Periodic Rate) as follows: The Average Adjusted Dally Balance for your account for the billing cycle is the average of the adjusted daily balances for each day of the billing cycle. To calculate the Adjusted Daily Balance 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 the amounts post to your account, we add the amounts of all debits and subtract the amounts of all payments and credits which post to your account that day. Payments are applied first to any Late Charges, then to any Overlimit Charge, then to any unpaid Finance Charge for previous billing cycles, Annual Fee, then to the Cash Advance balance, and then to the balance of your Account Credits are applied first to the particular type of debt which is being credited, If any, and then to the balance of your account After applying payments and credits, we subtract any amount of Finance Charge, Late Charge, Overlimit Charge and Annual Fee that remains unpaid. Then we also subtract the amount of any Cash Advance transaction that posts to your account on that day or on any previous day on the same billing cycle. The result is the Adjusted Daily Balance for that day. We add together all the Adjusted Daily Balances for each day in the billing cycle and divide the total by the number of days in the billing cycle. The result is the Average Adjusted Daily Balance for that billing cycle. Note that cash advance transactions which are posted to your Account during a billing cycle are not included in the Average Adjusted Daily Balance for that cycle, and are therefore not subject to the Monthly Periodic Rate during that cycle. However, they are included in the New Balance shown on the statement for that cycle, and are therefore also included in the outstanding balance at the start of the first day of the nerd billing cycle. Note also that If the total of the payments and Credits which are posted to your amount by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, we will not apply the Monthly Periodic Rate to your Amount on your next statement. r DEFAULT - You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. 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 failuie 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. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance In full, and you will reduce the finance charge by doigg so. Thgminimum 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 addition, at any time your Total New Balance exceeds your Credit Line, you must Immediately pay the excess upon our demand. We will apply your payments first to the Finance Charge on both purchases and cash advances, then to any billed fees, then to the principal balance of purchases in the order they were posted to your account and then to the principal balance of cash advances. FINANCE CHARGES - You can avoid Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your amount, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Monthly Periodic Finance Charge, Monthly Periodic Rate and Annual Percentage Rate. The Finance Charge is the Monthly Periodic Finance Charge. The Monthly Periodic Finance Charge for each billing cycle will be calculated by multiplying the Average Atljusted' Balance (see explanation below) for your Amount for the billing cycle by the Monthly Periodic Rate as disclosed on the Addendum. Calculation of the Average Adjusted Dally Balance. We calculate your Average USING THE CARD - To make a purchase or cash atlvance, there are two alternative procedures to be followed. One is for you to present the card to a participating VISA plan merchant, to us or another financial institution, and sign the sales or cash advance, draft which will be Imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an. Automated Teller Machine or other type of electronic terminal that provides access to the VISA system.. 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 verify the monthly statement The credit union may make a reasonable charge for photocopies of slips you may request. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your account. If your credit and payments exceed what you owe us, we will hold and apply this credit balance against future purchases and cash advances, or if It is one dollar or more, refund it on your written request or automatically after six months. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign Countries and foreign currencies will be billed to you in U.S. dollars. The Conversion rate to dollars will be (i) the wholesale market rate or (ii) the government-mandated rate, whichever is applicable, in effect one day prior to the processing date, increased by one percent. PLAN MERCHANT DISPUTES - We are not responsible for the refusal of any plan. merchant or financial institution to honor your card. We are subject to claims and defenses (other than tort claims) arising out of goods and services you purchase with the card only If you have made a good faith attempt, but have been unable to obtain satisfaction from the plan merchant, and (a) your purchase was made in response to an advertisement we sent or participated in sending you, or 9aG VISA Credit Card Truth In Lending Disclosure (conflnuetf) (b) your purchase cost more titan $50 and was made from a plan merchar*M - your state or within 100 miles of your home. Any other disputes you must resolve directly with the plan merchant SECURITY INTEREST - To secure your account, you grant us a purchase money security Interest under the Uniform Commercial Code In any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have 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 all your debts, your account will be secured by your pledged shares (Deposits) antl by the property described In those other security agreements, except for your home. EFFECT OF AGREEMENT - This agreement is the contract which applies to all transactions on your account even though the sales, cash advance, credit or other slips you sign or receive may contain different terms. We may amend the Agreement from time to time by sending you the advance written notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To the extent the law permits, and we Indicate In our notice, amendments will apply to your existing account balance as well as to future transactions. LATE PAYMENT CHARGE - If your Minimum Payment Is not paid within 15 days after the Payment Due Dale, you will be subject to a single charge of 5% of the minimum scheduled payment. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement idLIxNI:Ah4UltlIldUIc1/:! ?P69tl?:1tlfi/eFowlIrel:/zf? ?/7dI / 1dU)NY.U/?er1UN?U6lN?ilyl/p? MONEYACCESSCARD CARDHOLDER AGREEMENT-In this Agreement C'I"of "we"), in consideration of The Pennsylvania State Employees Credit Union ("you" or your) Issuing to me a Money Access Card, hereby agrees to be legally bound by the following terms and conditions. ACCOUNTS AND USES OF MONEY ACCESS CARD - I have the account(s) (Including Checking, Regular Shares, and Personal Service Loan (PSL)) with you set forth on my application form with this Agreement. I hereby request that you Issue to me one or more Money Access Cards to be used in connection with such accounts as described in this Agreement I understand I may use the Money Access Card at a Money Access Center to (1) withdraw cash from, (2) make or arrange for deposits In, (3) effect transfers to or from my accounts, (4) receive Information regarding the balance in my account(s) or (5) make cash advances from my credit account(s) in the amounts I request. I may also use automated teller machines throughout the United States and In certain foreign countries which bear the PLUS System name and logo to (1) make withdrawals from, (2) effect transfers to or from, or (3) receive Information regarding the balances in my Checking or Regular Shares. 1 may also make a cash advance from my Personal Service Loan If I have a PSL approved and in place. I further understand I may use the Money Access Card to purchase goods and services ('Purchase') at any retail establishment ('Merchant') where Money Access Cards are accepted by such Merchant If I use the Money Access Card to make a Purchase or obtain cash, if permitted by the Merchant, I shall be requesting you to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from my Checking Shares and directing or ordering you to pay such funds to the Merchant. I request that you provide to me such other services or access to other ATM systems or networks using the Money Access Card which you may later make available and which you advise me are offered In connection with my account(s) set forth on my application form. I also understand Liat frcm time to time I may request In writing that you provide access to additional accounts of mine through the Money Access Card you have Issued to me. I agree that the uses of the Money Access Card described in this Agreement shall be subject to the rules and regulations of each account which accessed by such card. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN') WITH MONEYACCESS CARD-Tunderstand that a Money Access Center or a PLUS System ATM is an automated teller. It can and will perform many of the same tasks as a human teller. I acknowledge that the Personal Identification Number or PIN which I use with the Money Access Card is my signature, identifies the bearer to the Money • Access Center, PLUS System ATM, or other network ATM and authenticates and validates the directions given just as my actual signature and other proof identify me and authenticate and validate the directions to a human teller. I also understand that a merchant which accepts the Money Access Card for a Purchase transaction may have an electronic terminal (Merchant-operated or self-service) which requires the use of my PIN and when my PIN Is used at a Merchant's terminal, It will authenticate and validate the directions just as my actual signature will authenticate and validate my directions given to you. I acknowledge that my PIN is an identification code that is personal and confidential and that the use of the PIN with the Money Access Card is a security method by which you are helping me to maintain the security of my amount(s). Therefore, I AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS MY PIN. HOW TO CONTACT MONEY ACCESS SERVICE - I agree to contact the Money Access Service immediately if I believe the Money Access Card or PIN has been lost or stolen or that an unauthorized transfer from my amount has occurred or might occur, by phoning, and by confirming such Information in writing: LIABILITY - If the Money Access Card Is Issued for a joint account, we agree to be jointly and severally liable under the terms of this Agreement and the agreement for such account. . PSECU P.O. Box 67013 (717) 234-8484 in Harrisburg Harrisburg, PA. 17106-7013 (800) 237-7328 (TTD) Nationwide (717) 777-2100 (TOD) in Harrisburg (800) 472-1967 (TOD) Nationwide Money Access Service (800) 222-2781 In Pennsylvania (800) 523-4175 In other states CHARGES - I agree to pay the 50 cent penalty charge on any cash disbursement transaction (loan advance or share withdrawal) that is less than $20. 1 agree to pay a 25 cent charge on each balance inquiry. I agree that if I make deposits or payments to my account(s) with hems other than cash (checks, drafts or other Hems) and you make funds available to me from such deposits prior to their collection. I agree that you may deduct the amounts of such funds from my account(s) which are not collected or, If the funds in my account(s) are Insufficient at such time, .I will prompUy pay to you any amount of such funds which are not mllected AMENDMENT OF THIS AGREEMENT- I agree that from time to time you may amend or change the terms of this Agreement including amendments or changes to add further Money Access Card services or to amend or change the charges for these services. You may do so by notifying me in writing of such amendments or changes and my use of the Money Access Card after the effective date of any such amendment or change shall constitute my acceptance of and agreement to such amendment or change. I agree to pay the charges or transaction fees which are charged by you 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. OWNERSHIP - I agree that the Money Access Card is your property and 1 will surrender it to you upon your request. I agree that the Money Access Card Is non-transferable. DEPOSITS = I agree that when I make a deposit at a Money Access Center that -y6u haverthe right to verify the deposit before you make the money available to me. If I deliver cash, checks or other Items to a Money Access Center, understand and acknowledge that the funds from my deposit may not be available for Immediate withdrawal and that the availability of my deposit shall depend on your rules and regulations regarding the particular account In which I am making a deposit, the Items that I am depositing and whether the deposit Is made at a Money Access Center that is owned by you or another financial Institution. I also understand and acknowledge that not all Money Access Centers may accept deposits and some Money Access Centers may limit the amount of funds which may be deposited and you may not mntrol these limits. MONEY ACCESS CARD DISCLOSURE STATEMENT - PSECU believes you will find using the Money Access Centers helpful and convenient. The purpose of this Disclosure Statement is to inform you of certain rights that you have under the Electronic Funds Transfer Act. MONEY ACCESS CENTER SERVICES -You may use your Money Access Card with your Personal Identification Number (PIN) at Money Access Centers located in Delaware, Maryland, New Jersey, New York and Eastern Pennsylvania to conduct any of the following transactions for the accounts accessed by your Money Access Card. Electronic Funds Transfer, MAC Aqreement and Requiation 'E' Disclosure (continued) (a) Determine the account balance(s) of your CnecPung, your Regular Shares and your Personal Service Loan. (b) Withdraw cash from your Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan. (d) Deposit currency, checks, cr drafts (wins are not acceptable) in amounts less than $10,000 for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: Deposits may not be made In Money Access Centers located in Maryland or New York. (e) Make loan payments at PSECU's Strawberry Square Revenue or Service Center, the Capitol Complex, or 1 Credit Union Place Money Access Centers by enclosing cash, checks, or drafts and the payment coupon on those Items that are normally accepted at the office of the Pennsylvania State Employees Credit Union. (f) 'from your Checking to your Regular Shares or Personal Service Loan (PSL); 'from your Regular Shares to your Checking or Personal Service Loan (PSL); 'from your Personal Service Loan (PSL) to your Checking or Regular Shares. We wish to inform you that some Money Access Centers located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all Money Access Centers may accept deposits. There may also be limits on the amount of funds which you may deposit in certain Money Access Centers. In addition, you may use your Money Access Card with your Personal Identifica- tion Number at Money Access Centers located in New York to withdraw cash or make a cash advance or obtain the available balance from your Checking, your - Regular Shares, and your Personal Service Loan. (HONOR ATM) located throughout Florida and ether areas where there are HONOR ATMs. The following transactions may be done on the accounts accessed by your Money Access Card. (a) Determine the account balance(s) of your Checking, your Regular Shares and your Personal Service Loan (PSL) (b) Withdraw cash from your Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan (PSL). (d) Deposits are not available through HONOR System ATMs. (e) Payments are not accepted at HONOR System ATMs. (f) Trsnsferfunds: • from your Checking to your Regular Shares or Personal Service Loan (PSL); • from your Regular Shares to your Checking or Personal Service Loan (PSL); from your Personal Service Loan (PSL) to your Checking or Regular Shares. These are the Money Access Center services currently available through the HONOR System network Omer services may be offered In the future. OTHER ATM NETWORK ACCESS - From time to time, PSECU may make arrangements with other ATM networks to grant access to Money Access Cards, PSECU shall inform you when such arrangements are made and describe the services that are available to you. Any charges will also be described. PURCHASE TRANSACTIONS - You may use the Money Access Card to purchase goods and services ("Purchase") at any retail establishment ("Merchant') where Money Access Cards are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking Shares. When you make a Purchase using the Money Access Card, you will be requesting PSECU to withdraw funds from your Checking Shares in the amount of the Purchase and directing PSECU to pay these funds to such Merchant. TRINET (MAC WEST) SERVICES -You may use your Money Access Card with your Personal Identification Number at Money Access Centers located in Western Pennsylvania, Ohio and West Virginia for the services described below. These Money Access Center services are provided through Tri-State Network Association, Inc. ("MAC WEST' or'TRINET) and its participating financial Institutions. You may request any of the following transactions for the accounts accessed by your Money Access Card. (a) Determine the available balance(s) from your Checking, your Regular Shares, and your Personal Service Loan (PSL). NOTE: MAC West only gives dairy available balances (maximum daily available balance - $300). (b) Withdraw cash from your Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan. (d) Deposit currency, checks or drafts (wins are not acceptable) in amounts up to a total of $5,000 for transmission to PS ECU for deposit in your Checking and your Regular Shares. (e) Payments are not accepted at MAC West ATMs. (f) Tmnsferfunds: • from your Checking to your Regular Shares or Personal Service Loan (PSL); from your Regular Shares to your Checking or Personal Service Loan (PSL); ' from your Personal Service Loan (PSL) to your Checking or Regular Shares. These are the Money Access Center services currently available through MAC West, Other services may be offered in the future. PLES SYSTEM SERVICES - You may use your Money Access Card and your Personal Identification Number (PIN) at any PLUS System automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rim, Canada, Great Britain, and Japan to conduct any of the following transac- tions on the amounts accessed by your Money Access Card (a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). (b) Withdraw cash from your Checking and your Regular Shares. (c) Make a cash advance from your Personal Service Loan (PSL). (d) Deposits are not available through PLUS System ATMs. (e) Payments are not accepted at PLUS System ATMs. (f) Transferfunds: from your Checking to your Regular Shares or Personal Service Loan (PSL); from your Regular Shares to your Checking or Personal Service Loan (PSL): from your Personal Service Loan (PSL) to your Checking or Regular Shares. These are the Money Access Center services currently available through the PLUS System network. Other services may be offered in the future. HONOR SYSTEM SERVICES - You may use your Money Access Card with your Personal Identification Number (PIN) at any HONOR automated teller machine NOTE: When using a V1SAAAC card to purchase goods and services at any retail establishment, your purchases will he charged to your VISA account. LIMITATIONS ON THE USE OF YOUR MONEY ACCESS CARD -You may withdraw ,,.. up to $300 per day from one or a combination of your accounts by using a Money Ami Card provided the funds available at a Money Access Center, PLUS System or HONOR ATM. In addition, you may withdraw up to $300 at point of - sale locations. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the Money Access Card. However, these limitations are not revealed for security reasons. The Pennsylvania State Employees Credit Union is not obliged to maintain such limitations. You will be denied use of your Money Access Card If you exceed the daily withdrawal/purchase limit, do not have. adequate funds available in your amount, do not enter the correct Personal Identification Number (PIN), or exceed the frequency of usage limitation. The receipt provided by the Money Access Center, PLUS System or HONOR ATM, or Merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit will result in machine retention of your Money Access Card. The number of attempts that result in machine retention is not revealed for security purposes. CHARGES FOR TRANSACTIONS -There are no charges for PSECU Money Access Card transactions of 520 or over. A penalty charge of 50 cents will be Imposed for each cash disbursement transaction (loan advance or share withdrawal) that is less than $20. PSECU does reserve the right to Impose and change a fee schedule from time to time and to charge your account in accordance with the fee schedule that will be provided to you at least twenty-one (21) days prior to the Imposition or change in assessment. ADDITIONAL DEPOSIT INFORMATION - Deposits made at Money Access Centers are posted to your amount(s) according to the rules and regulations of those amount(s) and PSECU's funds availability policies, which are contained in our disclosure statement required under the Expedited Funds Availability Act ('EFAA"). A copy of this statement has been provided to you or is available upon request. You may not deposit any foreign currency. All deposited Items are removed from the Money Amess Center before 3 p.m. each business day. The Pennsylvania State Employees Credit Union reserves the right to verify the items so deposited before such funds are made available to you. However, you may withdraw against the amount deposited up to a maximum of 100 percent of the deposit or $300, whichever is less. When all of the deposited funds become available, you may withdraw against the entire amount deposited up to $300. You may deliver cash, checks, and other items at most Money Access Centers located in Pennsylvania, New Jersey and Delaware for transmission to us for deposit in your account(s). However, some Money Access Centers may not accept such items for deposit and certain other Money Access Centers may limit the amount of funds you deliver for transmission to PSECU for deposit in your amounts. You may not deliver such items at Money Access Centers located in Maryland, New York or i E.ectronlo Funds Transfer, AfAC Agreement and Regulation 'E' Disclosure (oontlnued) r - - - "' West Virginia. If the amount of the funds contained in your deposit envelope differs by more than $1 from the amount you have indicated to the Money Access Center, PSECU will adjust your account(s) to reflect the amount received and advise you of any difference. RECORD OF TRANSACTION - You will receive a printed receipt at the time of the transaction for each Money Access Center, PLUS System. or HONOR ATM, or Purchase transaction that you make. You Will receive a monthly statement showing the status of your account(s), transactions made during the past month, and any penalties or charges PSECU may Impose for such services or transactions. LIABILITY FOR UNAUTHORIZED TRANSFERS - Contact PSECU or the Money Access Service immediately H you believe your Money Access Card or Personal IdenUrication Number (PIN) has been lost or stolen. Telephoning PSECU at (717) 234-8484 In Harrisburg, (800) 237-7328 Nationwide, (717) 777.2100 (rDD) In Harrisburg, ) 472.1967 D or Money Access Service at (800) 222.2781 In Pennsylvania, or (800) 523-4175 in other states is the best way to keep your losses to a minimum. You could lose all your money in the account(s) if you take no action to notify PSECU of the loss of your Money Access Card or PIN. If you notify PSECU of the loss, your liability is as follows: (a) If you contact PSECU within two business days of the loss or your discovery of the loss, you can lose no more than S50, if someone used your Money Access Card and Personal Identification Number (PIN) without your permission. (b) If you do not contact PSECU within two business days after you learn of the loss, and PSECU can prove that it could have prevented the loss if you had contacted PSECU, you could lose as much as 8500 if someone used yourMoney Access Card and Personal Identification Number (PIN) without your permission. (c) If your monthly statement shows transactions or purchases that you did not make and you do not contact PSECU within 60 days after the statement was mailed to you, may not get back any money lost it PSECU can prove that your contacting us would have prevented those losses. ° Safeguard your Personal Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do not write your PIN on your Money Access Card. Do not keep a written record of your PIN near your Money Access Card. BUSINESS DAYS - PSECU's business days are Monday through Friday. Holidays are not Included. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS - Telephone PSECU at (717) 234-8484, (800) 237-7328, (717) 777.2100 (TOD), (800) 4724967 or write PSECU at: - Pennsylvania State Employees Credit Union PO Box 67013 Harrisburg, Pennsylvania 17106-7013 as soon as you can N 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: (a) Your name, account number, and Money Access Card number, (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 more 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 16 business days. PSECU will tell you the results of the investigation within 10 business days for Money Access Center, PLUS System or HONOR transactions, or 20 business days for Purchase transactions after PSECU hears from you. Any error will be corrected promptly. It PSECU needs more time, It may take up to 45 days for Money Access Center, PLUS System or HONOR transactions or 90 days for Purchase transactions to Investigate your complaint or question. If PSECU decides to do this, it will recredit your account within 10 business days if it is a Money Access Center, PLUS System or HONOR transaction, or 20 business days if it is a Purchase transaction for the amount you think is in error. You will have the use of the money during the time it takes to complete the Investigation. It PSECU does not receive your complaint or question in writing within 10 business days, PSECU may not recredit your account. If PSECU decides there Is no error, you will be advised within three busine; days after the Investigation Is completed. You may ask for copies of the documents PSECU used In the Investigation. If PSECU credits your accoar with funds while Investigating an error, you must repay those funds If PSECI concludes no error has occurred. DISCLOSURE OF ACCOUNT INFORMATION - PSECU will disclose infomlalic about your account or the transactions you make to third pardes: (a) where it is necessary to complete transactions; (b) to verify the existence and standing of your account with PSECU upon the request of a third party, such as a credit bureau; (c) to comply with government agency or court orders; (d) in accordance with yourwrihen permission; (e) to comply with government or administrative agency summonses, subpoenas ororders, of court orders; and M 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. PSECU's LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER TRANSACTION - If PSECU fails to complete a transaction on time in the correct amount, when property instructed by you,. PSECU will be liable to damages caused by ourfailure unless: (a) there are insufficient funds in your account to complete the transaction through no fault of PSECU; (b) the funds in your account are uncollected; (c) the funds in your account are subject to legal process; , (d) the transaction you request would exceed the funds In your account plus any available overdraft credit; (e) the Money Access Center, PLUS System or HONOR ATM has insufficient cash to complete the transaction; (I) yourcard has been reported lost or stolen and you are using me reportedcard; (g) PSECU has reason to believe that the transaction requested Is unauthorized; _ (h) the failure is due to an equipment breakdown that you knew r ' - about when you started the transaction at the Money Access Center, PLUS System or HONOR ATM, or Merchant terminal; (i) the failure was caused by an act of God, fire, or other catastrophe, or by an electrical or computer failure or by another muse beyond control; (p If you attempt to complete a transaction at a Money Access Center, PLUS System or HONOR ATM, or Merchant terminal that is not a permissible transaction listed above; or (k) the transaction would exceed security limitations on the use of your Money Access Card. 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L?5 - i ! 1 s I Is 2 ??F ?S ???EBnE a- EEa ?-3g _dC 2 q Q38"08f.<v,cQ o?. q pp ?D 12a d atmr Sp nay ' CN ? @ e?E^3 LY_Cm ? ? ?9. L2 ? ?, _ ? ? p ? ? '. ?- ? _. 'C Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. MARISA SMYERS, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 03458 CIVIL ACTION -LAW PRAECIPE TO AMEND CAP7-ION TO THE PROTHONOTARY: Please amend the caption in the above referenced matter. The correct spelling of the Defendant's name is Marisa Smyers, not Monica Smyers. GODFREY & COURTNEY Steven C. C urtney, E Attorney . N . 7$6 P.O. Bo 0 Harrisburg, PA 17112 (717) 540-3900 G N ? n .T ?^?. ?ii?,. C C ? ?? ? ? ? ,{ ?: ? ? ??, ? ,-, ?:..?. tV ?iFT .? ? (V ? W SHERIFF'S RETURN - REGULAR CASE NO: 2004-03458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS SMYERS MONICA CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMYERS MONICA the DEFENDANT at 2045:00 HOURS, on the 21st day of July 2004 at 232 S 3RD STREET LEMOYNE, PA 17043 by handing to MELISSA SMYER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 .00 Service 11 .84 Affidavit .00 Surcharge 10 .00 .00 39 .84 Sworn and Subscribed to before me this y G day of ?. .t .7wq A.D. ?. P othonot ary ' So Answers: R. Thomas Kline 07/22/2004 GODFREY & COURTNE By: eputy h riff Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary t t vrotbouotarv ®ff.tce o ? ?Cumberlaub tlLuul?tp john E. Slike solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES BER 2007 AFTER MAILING E ABOVEOF T" DAY OF NOVEM NO RESPONSE ACCORDANCE WITH PA AND NOW THIS 5 RECEIVING ICE IN ACCORD INTENTION TO Y ?EINATED WITH PRENO CASE IS HEREB RCP 230.2• BY THE COURT, CURTIS R. LONG PROTHONOTARY r%-- rnsylvania 17013 (717),240-6195 • Fax (717) 240-6573 ?urthouse Square Carlisle, Pen