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HomeMy WebLinkAbout04-5011Godfrey & Courtncy, P.C. BY: Steven C. Cour~ney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. MARK Eo YOHE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. oq - CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EN LA CORTE DE ALEGATOS COM ~N DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL AVI S O PARA DEFENDER Conforme a PA Nthn. 1018.1 USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes pfiginas, usted tienen que tomar acci6n dentro v¢inte (20) dias despu6s que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o pot un abogado y archivando por escrito con la Corte sus d¢£enses o objeciones a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted pot la Corte sin mils aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solic~tado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR I~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELI~FONO LA OFICINA FIJADA AQUi ABA JO. ESTA OFICINA PUEDE PROVEERI2 CON INFORMACI(~N DE C(~MO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, I~STA OFIC1NA PUEDE PROVEER~ INFORMACI(SN 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 CREDIT UNION, Plaintiff VS. MARK E. YOHE. Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and through its attorneys, Steven C. Courmey, 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 Peunsylvania with offices and/or a place of business situate at 1 Credit Union Place, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Mark E. Yohe, is an adult individual with a last known address of 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. Defendant is, and at all relevant times material hereto was, the applicant for a loan with Plaintiff. 4. Defendant applied to Plaintiff for a Visa Loan. A true and correct copy of the loan applications 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 Plaintiffpursuant to the terms and conditions of the Contract marked as Exhibit "B". Defendant has breached the Contract with Plaintiff by failing to make timely payments. 9. Defendant has not made a payment on account of the Loan with Plaintiff since February of 2004. 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 August 23, 2004, the balance due, owing and unpaid on Defendant's Loan account with Plaintiffis the sum of $7,301.46. 15. Pursuant to the terms and conditions of the extension of credit contained on the loan application, Plaintiffis 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. Plaintiffhas 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, Plaintiffhas 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 $1,460.29 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. arbitration. The amount in controversy is within the jurisdictional amount requiring compulsory WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Mark E. Yohe, in the amount of $8,761.75, the costs of this action, and such other relief as the Court deems just and proper. Respectfully submitted, By: C. Co~ Steven 2215 Forest ~ Suite 36/Box 6280 Harrisburg, PA 17112 (717) 540-3900 I.D. # 74669 Attorney for Plaintiff VERIFICATION I, Bonnie L. Berkoski, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information wkich I have furnished to counsel, as well as npon 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 tkis Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18Pa. C.S.A. §4904 relating to unswom falsification to authorities. Bonnie L. Berkoski Date: Pennsytvania State Employees ~redit Union P,O. Bo× 670'i 3, Harrisburg, PA 17106.7013 (800) 237-7328 Nationwide · (717) 234~484 in Harrisburg A "Win-Win" Offer! A Special Offer For: JUH 15 !999 GreatNewslYou're Pre-approved for up to $10,000 on our 9.9% APR* Capitol Card® VI SA®! How do YOU win? · 9.9% APR" for purchases; 12.9% APR* for checks or cash advances. · VISA Checks - to pay off higher interest ~4_-,t~.K YOHE credit cards elsewhere. 33 P.ZLRTRIDGE CA · No annual fee. C~LISLE, PA 17013 · No cash advance fee, · Up to 25 days of grace on purchases. · Combination VIS,MAC card. (OFFER GOOD ONLY TO I~/VZDU~ N~ED ~O~) H~(T0183542009 05039970~ ............ HOW do WE win? There's never been a greater time to take advantage of PSECU's no annual fee Capitol Card VISA! ~th our 9,9% APR rate for purchases and 12.9% APR for cash advances, there's no be~er card on the market{ And to make it even be~er, you're pre-approved[ Just take a minute to fill out and sign the sho~ appliGation below and we'll send you a Capitol Card VISA. Your good credit histou allows us to make this "~n-win" offer - congratulations. Please Do Not Remove ViSA/MAC Pro.Approval Accaptance CerEficato Please print all requested information. Incomplete forms may cause detays in processing your applfcation or cause a Please Che~k Your Gross Annual Income Range: ,,:-~ D Up to $15,000 ~ $30,001to$38,000 ~ $60,001t05~2,000 - Z ~e ": : ~ s~5,oo~ to s22,s~ ~ s~6,~ to ~8,ooo m $Tzoo~ ta $o~,~o ~~/~ ..... ~ S22,501 to $30,0~ ~8,001 to $60,000 ~ Over $84,000 If you designate another person, that cardholder may not order First Name Middle initial repta~ment ~rds or obtain ViSA account information, I have mad this form and evewthing I have stated in it is true. Y2u authorize the cred~ union to obtafn cr~it repeals in ~nne~ion with thfs app[i~/ion for and for any update, renewal or e~ension ~f the cr~E re~v~. You are autha~ed to obtain my emp}oyment histo~ or any other ~nfo~ation and to repo~ to othem such Jn~o~atJon and cr¢it exper~en~ with me. ~ ague that this a~ptan~ shaJJ be governed by all the te.~s and ~nd~ions of the LOANLINER Credit Agreement with the Credi~ Union, all addendums, changes in terms hereto and all the te~s and condRions as set foAh on the aEached disclosures and ai~ these documents shatl be inco~omt~ herein by th~s re~ren~. noli~ ~at yo~r etect~ i~ no lo~ger eff&~ve. · /~ · SCANNED Loan Disclosures This LOANLrNEP¢' Credit and Security Agreement, which includes the Truth in Lending Diecloeures, 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 end us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS pLAN WORKS -- This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money {called "advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "subacccunts") avairable under the Plan, the current interest rate for each subaccaunt expressed as a daily periodic rate and corresponding annual percentage rate and other charges, It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT -- We may, but do not have to, estal~rJsh 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 immediatefy the amount which exceeds the credit limit. 3. REPAYMENT --You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the rest day of the month unless we set a different date at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subacccunt. You may repay air or part et what you owe at any time without any prepayment pana~. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account, yeu will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Payments will be applied in the order the Credit Union chooses. 4. PLAN ACCESS -- You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debit card has been fast or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain advances directly from the Plan, your liability will not exceed $50. if the unauthorized withdrawar is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATM/Debit card. oven if the withdrawal resutts in an advance being made from your overdraft subaccaunt. 5. FINANCE CHARGE -- The dollar amount you pay for money borrowed is called a "finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance 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. It the interest rate ia a variable interest rate, the Addendum explains how the variable interest rate works. 6. SECURITY --You predge as security for the Plan air shares and dividends and, if any, alt 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 ell individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitled by state law. (We are state chartered if our name does net include the term "Federal Credit Union.") For all borrowers: The statutory lien and/or your pledge will afiow 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 Ieee special tax lreatment under state or federal law if given es 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 subaccaunt. A subacccunt name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccaunt. Property you give as security wiJ~ secure all amounts owed under the Plan 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 you have with us may a~so secure the Plan, 7. PROPERTY INSURANCE, TAXES AND FEES -- You must maintain property insurance on alt property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Crt Union, The amount and coverage of the property insurance must be acceptabls us. You may provide the property insurance through a policy you already have, through a policy you get and pay for. You promise to make the insurance poi payable to us and to deliver the policy or proof of coverage to us if asked to do., If you cancel your insurance and get a refund, we have a right to the refund. If I property is lost or damaged, we can use the insurance seftlement to repair t property or apply it towards what you ewe. You authorize us to endorse any draft check which may be payable to you in order for us to collect any refund or benel due under your insurance policy. You aJss promise to pay all taxes and fees (Ii registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, ~ may pay these obligations, but we are not required to do so. Any money we spel for taxes, fees or insurance will be added to the unpaid balanca of the advance al you will pay interest on those amounts at the same rate you agreed to pay on ti advance. We may receive payments Jn connection with the insurance from company which provides the insurance. We may monitor our loans for the perpo., of determining whether you and other borrowers have complied with the insuran( requirements of its loan agreements or may engage others to do so. The insuran~ charged added to your advance may include (1) the insurance company's paymen to us and (2) the cost of determining compliance with the insurance requirements. we add amounts for taxes, fees or insurance to the unpaid balance of your advanc~ we may increase your payments to pay the amount added within the term of th insurance or approximate term of the advance. 8. NOTICE-- If you do not purchase the required property insurance, the insurenc we may purchase and charge you for will cover only our interest in the property. Th, Insurance will not be liability Insurance and will not satisfy any state flnsncl~ responsibility or no fault Paws. 9. CREDIT INSURANCE -- Credit life and/or credit disability insurance is opfiona under the Plan. If you qualify for and purchase the insurance from us, you authoriz~ us to add the insurance premiums monthly to your loan balance and charge interest on the entire balance. If you elect credit insurance, your payments increase for the period of time necessary to repay your advance may be extende~ beyond the approximate term stated on the Addendum. The credit insurance rate., may change dudng the Plan. If the rates change, we will provide any notice.· required by applicable law. 10. PERIODIC STATEMENT -- On a regular basis you will receive a statemenl showing all transactions under the Plan during the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all. 11. JOINT ACCOUNTS -- If this is a joint account, each of you is individually and jointly respensible 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 writ~an policy requires all of you fe 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 fulminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. 12. 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 so, the amount of the fee will be disc[ssed to you at the fime you obtain an advance. We may also charge you other fees in connection with the Plan. Thoss fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. 13. UPDATING CREDIT iNFORMATION --You premise that you will pr0mpfiy 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 financia~ information. 14. DEFAULT -- The following 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, pedormance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers In Wisconsin: You will be in default if you fail to 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, va/ua, 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 wilt also be in default if you do hal compfy with the terms of the Plan and your failure to comply materially impairs any property you gave as security el your ability to repay what you owe under the Plan. )ANLINER~ Credit and Securlt~ Credit Aoreement (continued) ~e following paragraph applies to borrowers in ag other states: You will be in fault if y~u do not make a payment of the amount required when it is due. You will in default if you break any promise you made under the Plan or if anyone is in fault under any security agreement made in connection with an advance under ~ Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you ~ke any false or misleading statements in any credit application or update of credit · ormafion, or if something happens we believe may substantially reduce your )ility to repay what you owe. You will also be in default under the Plan if you are in !fault under any other loan agreement with us. 3. ACTIONS AFTER DEFAULT -- The following paragraph applies to orrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, ~assachusetts, Missouri, Nebraska, West Virginia and South Carolina: When ~u are in default and after expiration of any right you have under applicable state w to cure your default, we can demand immediate payment of the entire unpaid ~lance under the Plan without giving you advance notice. he following paragraph applies to borrowers in all other states except, /isconsln and Louisiana: When you are in default, we can require immediate ~yment (acceleration) of the entire unpaid balance under the Plan. You waive any ~ht you have to demand for payment, notice of intent to accelerate and notice of ccelerafion. · he following paragraphs apply to borrowers in all states except, Wisconsin nd Louisiana: If immediate payment is demanded, you will continue to pay interest ntil what you owe has been repaid, at the applicable interest rates in effect un[ess default rate is disclosed on the Addendum. If a demand for immediate payment as been made, the shares and deposits given as security for the Plan can be 2plied toward what you owe. We can also exercise any other rights given by law hen you are in default. su agree the Credit Union has the right to take possession of any property given s security for an advance under the Plan without judicial process if this can be done Jithout breach of the peace. If we ask, you promise to deliver the property at a time nd place we choose. We will not be responsible for any other property, not covered y this Agreement, that you leave inside the property or that is attached to the roperty. We will try to return that property to you or make if available to you to claim. ~fter we have possession of the property, we can sell it and apply the money to any [mounts you owe us. We will give you notice of any public sale or the date after ~hich a private sale will be held, Our expenses for taking possession of and selling be property will be deducted from the money received from the sale. Those costs Hay include the cost of storing the property, preparing it for sale and attorney's fees o the extent permitted under state law or awarded under the Bankruptcy Code. The est of the sale money will be applied to what you owe under the Plan. You will also have to pay any amount that remains unpaid after the sale money has ~een applied to any unpaid balance under the Plan. You agree to pay interest on that amount at the same rate as the advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of the property given as security. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses incurred in disposing of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will aisc be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. The following paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied toward what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. 16. CANCELLING OR CHANGING THE PLAN -- The following paragraph applies only to borrowers In Illinois: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraphs apply only to borrowers in Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. i We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by 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 change applies to existing balances. The following paragraph applies to borrowers in all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion, and subject fo any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to ali borrowers other than Wisconsin Credit Union cancel the Plan. 17. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -- We can delay enforcing any of our rights under this Plan any number of times without losing will continue to protect us. 18. CONTINUED EFFECTIVENESS -- If any part of this Plan is determined by a 19. NOTICE TO UTAH SORROWERS ~ This written agreement is a final agreement may not be contradicted by evidence of any oral agreement. 20, THE SECURITY FORTHE LOAN --You give us what is known as a sscudty receive for an Advance ('the Advance"). The security interest you give includes all for the property which you buy within 10 days of the Advance or any extensions, 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 21. WHAT THE SECURITY INTEREST COVERS -- The security interest secures owe us for any reason now or in the future, except any loan secured by your principa~ 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 22. OWNERSHIP OFTHE PROPERTY--You promise that you own the property or if the Advance is to buy the property, you promise you will use the Advance for that property that you have not already told us about. You promise not to sell or lease the repaid. You promise you will allow no other security interest or lien to attach to the property either by your actions or by operation of law. 23. PROTECTING THE SECURITY INTEREST -- If your state issues a title for the interest in the property. You promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interests and rights in the property, to the extent permitted by applicable law. 24, USE OF PROPERTY-- Until the Advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 25. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE -- THE MOTOR VEHICLE IN THiS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 26. VERMONT NOTICE TO CO-SIGNER -- YOUR SIGNATURE ON THIS NOTE MEANSTHATYOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHTTO COLLECT FROM YOU. 27. NOTICE FOR ARIZONA OWNERS OF PROPERTY -- It is unlawful for you to after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000. This notice contains important information about your rights arid Our responsibilities under the Fair Credit Billing Act. You are advised to read :your monthly statement and review it for any error discrepancies or unauthorized trE[nsactions. NOTIFY US I'N CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. You are required to notify us in writing within 60 days folfowin§ the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transactions on your account. Failure to notify us may result in your acceptance of any responsibility for payment or reimbursement to us for any such error or discrepancy on your account. Write to us as soon as possible. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: "Your name and account number. ' The dollar amount of the suspected error. · Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. if you have authorized us to pay a credit card account automatically from your share account or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letfar must reach us three businass days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to coliect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date thai it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must te~l anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. if we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES -- If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. In this Agreement, the words you and your means each and all of those who apply 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. RESPONSlBIUTY-- If we issue you a card, you agree to repay all dedts 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 raspocaibllity 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 belance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. 2. LOST CARD NOTIFICATION -- If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After hours cal~ (800) 556-5678. 3. LIABILITY FOR UNAUTHORIZED USE -- You agree to notify us immediately, orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unlass you are grcssly negligent in the har~dling of your Card. In any case, your liability will not exceed $50. 4. CREDIT LINE -- If we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit Line only by written application to us, which must be approved by our credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and terminate this Agreement. Good cause includes your failure to comply with this Agreement or any other agreement with us, or our adverse reevaluation of your creditworthiness. You may also terminate this Agreement at any time, but termination by either of us does no1 affect your obligation to pay the account 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. 5. CREDIT INFORMATION -- You authorize us to invastigate 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 wilt mall you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit av-allable 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 cfosing 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 doing so. If your monthly payment exceeds the total credit line balance owed. we will automaticeily post the credit to your S1 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 addition, at any time your Total New Balance exceeds your Credit Line, you must immediately pay the excess upon our demand. We will apply payments in the following manner: first to previous la~e 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 Balanca of Purchases each month within 25 days of your statement closing date. O~herwise, the New Salance of Purchases, and the subsequent purchases from the date they are posted to your account, will be sub oct to F nance Charge. Cash advances are always subject to F nance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted dai[y balance (see explanation befow), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advancee: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanaiton below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as discfosed on the Addendum. Balance Computation Method Average Daily Balance for Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balancas (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 folfowing 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 atso subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance for Cash Advances - Cash Advance Tra~actions which are posted to your account are not inciubed in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for pumhases. 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 Daih/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 (ail 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 ol any Purchase Transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Dally Balance for Cash Advance Transactions. Note: Cash Advances are always sub)ect 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 balancas, 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. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, we will 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 ATM 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, c,r 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 to be followed. One is for you to present the card to a participating VISA plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other type of electronic terminal that provides access to the VISA system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. 'rna 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. 10. RETURNS AND ADJUSTMENTS -- Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your VISA line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess crad baance to your Sl Shares within 75 days. If the balance is one dollar or more, upon your wr tten request, we will refund the credit balance to you. 11. FOREIGN TRANSACTIONS -- Purchases and cash advances made in foreign currencies will be billed to you in U.S. dollars. The conversion rate to dollars will be made in accordance with the operating regulations for intemafional transactions established by VISA U.S.A., Inc. 12. PLAN MERCHANT DISPUTES -- We are not responsible for the refusal of any the card only if you have made a good faith attempt, but have been unable to ob satisfaction from the plan merchant, and (a) your purchase was made in respons an advertisement we sent or participated in sending you, or (b) your purchase ~ more than $50 and was made from a plan merchant in your state or within 100 rr of your home. Any other disputes you must resolve directly with the plan mercha 13. SECURITY INTEREST -- To secure your account, you grant us a purch money security interest under the Uniform Commercial Code in any goods purchase through the account. If you default, we will have the right to recover an these goods which we have not been paid for through our app cation of ~, payments in the manner descr bed in the Monthly Payment section. With respe¢ this account only, we will not assert any statutory right we may have if you ar~ default to prevent withdrawal of your unpIedged cred un on shares (Depo.~ below the unpaid balance of your account. However, if you give or have given u specific pledge of your credit union shares (Deposits by sign ng the Pledg~ Shares or otherwise, or any o her secur ty nterests for all your debts, your acco will be secured by your pledged shares (Deposits) and by the property describe~ those other security agreements, except for your home, 14. EFFECT OF AGREEMENT -- This Agreement is the contract which applie! all transactions on your account even though the sales, cash advance, credil other slips you sign or receive may contain different terms. We may amend Agreement from time to time by sending you the advance written notice required raw. Your use of the card thereafter will indicate your agreement to the amendmer TO the extent the law permits, and we indicate in our notice, amendments will ap to your existing account balance as well as to future transactions. 15. LATE PAYMENT CHARGE -- If your Minimum Payment is nct paid within d~y~ after the Payment Due Date you will be subjec o a single charge of 5% of I minimum scheduled payment. 16. RUSH FEES --You may incur edditfanal charges for rush processing and n. delivery of cards and/or PIN mailer. 17. DRAFT COPIES -- You may incur an additional charge for transacti summary/sale draft documentation. 18. COPY RECEIVED --You acknowledge receipt of a copy of this Agreement. 19. ILLEGAL TRANSACTIONS PROHIBITED -- You agree that you w II not use y( card for any transaction hat s egal under applicable federal, state, or local law. 20. NO USE -- Inactive Visa accounts that have no purchase or cash activity'm be closed without notice to you after 18 months of no activity. 21. NEURAL NE'FWORK -- PSECU uses neural network systems to predict a prevent unauthodzed transactions. There may be occasions when a transaction plan merchant or financial institution to honor your card. We are subject to claims and declined because it is indicative of possible fraudulent activity. 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 following terms and conditions. You agree that the use of your ATM card(s) constitutes acceptance of the terms and conditions of this Agreement. You understand that ATM is a credit-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 account, (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 cash, 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 Shams 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 which 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 writing that we provide access to additional accounts of yours through the ATM CARD we have issued to you. You agree that the uses of the ATM CARD described 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 understand that a Merchant which accepts the ATM CARD for a Purcha~ transaction may have an electronic terminal (Merchant operated or Self-Servic which requires the use of your PIN and when your PIN is used at a Merchan~ terminal, it will authenticate and validate the directions given just as your actu signature will authenticate and validate your directions given to us. You acknowled that your PIN is an identification code that is personal and confidential and that ti use of the PIN with the ATM CARD is a security devise for your account(.~ Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT N ONE ELSE LEARNS YOUR PIN. 3. LIABILITY FOR UNAUTHORIZEDTRANSACTIONS -- you agree to contact L at once if you believe the ATM CARD(s) issued to you or PIN has been lost or stol~ or money is missing from your account(s). You also agree that if your month statement shows transactions which you did not make, and you do not contact within 60 days after the statement was mailed to you, you may not get any mon~ lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and Pi TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOU BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) B THEM. You could lose all your money in the account(s) if you take no action to notil PSECU of the loss of your ATM CARD or PIN. Safeguard your Person~ Identification Number (PIN). Do not tell or disclose your PIN to any other person. D not write your PIN on your ATM CARD. Do not keep a written record of your PIN ne~ your ATM CARD. Do not choose a PIN that is easily identifiable. A new card may be ordered for you at that time and a 'hold' will be placed on yom old card. After such time, if you find your old card, destroy the old card by cutting 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 withdraws exceeding 15 a month. You agree to pay the 50 cent penalty charge on any casl disbursement transaction (loan advance or share withdrawal) that is less than $2~ You agree to pay a 25 cent charge on each balance inquiry. You may incur a chargl for any adjustment that needs to be made to your account resulting from an erro you made while making a deposit at an Automated Teller mach ne ATM. You agre to pay the charges o transac ion fees wh ch are charged by us for these service~ or for services which may later be offered as such fees or charges may be impose( or changed from time to time. 5. DEPOSITS -- You agree that when you make a deposit at a STAR SYSTEM-c ATM that we have the right to verify the deposit before we make the money avalfabl~ to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, yOL understand and acknowledge that the funds from your deposit may not be availabl~ for immediate withdrawal and that the availability of your deposit shall depend on rules and regulations regarding the particular account in which you are making a Elect~nic Funds Transfer. ATM Agreement and Requfation "E" Disclosure (continued) deposit, the ilems 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 tha amount of funds which may be deposited and that we may not control these limits. 6. LIABILITY -- If the ATM CARD is issued for a joint account, you agree to be jointly and severally liable under the terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s} with items other than cash (checks, drafts or other iten~s) 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 gl any such amendment or change shall constitute your acceptance gl and agreement to such amendment or change. 8. OWNERSHIP -- You agree that the ATM CARD is our property and you will surrender it to us upon our request. You agree that the ATM CARD is non- transferable, 9. DISCLOSURES -- You hereby acknowledge receipt of the disclosure statement 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 [t to be converted to an electronic fund transfer. You may also authorize merchants to erectron[cal[y 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 (oraify or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY- · ATM, ACH and SST -- Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible Iossas down. You could lose all the money in your account plus your maximum overdraft line of credit. If you believe your card has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card without your permission. If you do not tell us within two business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tall 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, tullow 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 tu us at: Pennsylvania State Employees Credit Union P.O. Box 67013 Harrisburg, PA 17106-7013 PSECU Business Hours: 8:00 a.m. - 5:00 p.m. M - F TDD (800) 472-1967 Nationwide (717) 777-2100 in Harrisburg 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 at any accepting retail estsblishmenh · ACH - Preauthorized debits and credits to checking and savings. · SST- Balance inquiries and transaction histories on sit share, certificate and loan accounts; transfers from any share to another share or loan account from your PSL to any share or loan account; w~thdrawa~s from any share excel IRA shares or certificates. 6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR TH RIGHT TO MAKE TRANSFERS -- · ATM - Fifty cents for each disbursement (cash advance or withdrawal) than $20; fifty cents for each transaction over 15 per month; 25 cent for ass balance inquiry; and there may be an additional charge for any adjustmer that needs to be made to the account of any member who makes an err( while depositing at an Automated Teller machine (ATM). · ACH - $20 service charge for insufficient funds for each electronic transfer. · SST- none 7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION O · ATM - You are entitled to receive a printed receipt at the time of eac transaction. You will receive a monthly statement showing the status of yoL account, any transactions made during the month, and any penalties charges PSECU may impose during the month. · ACH and SST -You will receive a monthly statement showing the status your account, any transactions made during the month, and any penalties charges PSECU may impose during the month. · If you have arranged to have a direct deposit made to your account at lea.~ once every 60 days from the same person or company, you can call us (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 tul, us in advance to make regular payments out of your account, you can sro, any of these payments. Hera's how: Call us at (800) 237-7328 (Nationwide or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employee Credit Union, RO. Box 67013, Harrisburg, PA 17106-7013, in time for us t~ receive your request three business days or more before the payment scheduled to be made. If you call, we may also require you to put your toques in writing and get it to us wifhin 14 days after you call · NotlceofVaryingAmounts. lftheseregularpaymentsmayvaryinamounl the person you are going to pay will tell you, 10 days before each paymenl when it will be made and how much it will be. You may choose instead lo ge this notice only when the payment would differ by more than a certain amou~ from the previous payment, or when the amount would fall outside certali limits that you set. · Liability for Failure to Stop Payment of Preauthorfaed Transfers. If yo~ order us to stop one of these payments three business days or more befor~ the transfer is scheduled, and we do not do so, we will be liable for your Iosse~ or damages, unless wa request and do not receive written confirmation of ar 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 stol on the transfer. 9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OF STOP CERTAIN TRANSFERS -- · ATM - If PSECU fails to completsa transaction on time or in the cerrec amount, when properly instructed by you, PSECU wlil be liable for damage! caused by our failure unless: (1) thero are insufficient funds in your account ts complete the transfer; (2} the funds in your account ara uncollected; (3) the funds are subject to legal process; (4) the transaction you request would excee( the funds in your account plus any available overdraft protection; (5) the STAF 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 i.~ unauthorized; (8) the failure is due to an equipment breakdown that you kno~ 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 an~ other cause beyond control; (10) if you atlempt to complete a transaction that at a STAR Systems, PLUS System, or merchant terminal that is not permissible transaction listed above; or, (11) the transaction would exceed th~ security limitations on the use of your ATM CARD. · ACH and SST - If PSECU fails to complete a transaction on time or in th~ correct amount, when properly instructed by you, PSECU will be liable fo~ damages caused by our failure unless: (1) there are insufticient funds in you~ account to complete the transfer; (2) the funds in your account ar~ uncollected; (3) the funds are subject to legal process; (4) the transaction YOL 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 onIy for actual proven and not consequential damages if the failure to make the transaction resulted from a bona fide error despite PSECU's procedures to avoid such errors. 10. DISCLOSURE TO THIRD PARTIES -- · ATM, ACH and SST- PSECU will disclose information about your account t° hird part es 1) when s necessary to comp ere transactions (2) to verify the exis once and standing of your accoun wi h PSECU upon request of third party, such as a credit bureau; (3) to comply with government agency or court continued) orders; (4) in accordance with your written permission; (5) to comply with government ,or administrative agency summonses, subpoenas, or court orders; (6) on receipt of certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978; Regulation P, Privacy of Consumer Finaocia] information; and (7) when it is necessary to take legal action to recover shares. 1. 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 transections for the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL), b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some ATMs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not all ATMs may accept deposits. There may also be limits on the amount of funds which you may deposit in certain ATMs. 2. PLUS SYSTEM' SERVICES -- · ATM Only -You may use your ATM CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM} located throughout the United States, Puerto Rico, Canada, Great Britain and Japan to conduct any of the following transactions on the accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs. These are the STAR SYSTEMs services currently available through the PLUS SYSTEM network. Other services may be offered in the future. ]. 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 descdbe the services that are available to you. Any charges will also be described. 3. PURCHASE TRANSACTIONS -- · ATM Only - You may use the ATM CARD to purchase goods and services ('Purchase") at any retail establishment ("Memhant") where ATM CARDs are accepted by such Merchant. The amount of all such Purchases will be deducted from your Checking. When you make a Purchase using the ATM CARD, you will be requesting PSECU to withdraw funds from your Checking [n the amount of the Pumhase and directing PSECU to pay these funds to such Merchant. ~. LIMITATIONS ON THE USE OFYOUR ATM CARD -- · ATM Only - You may withdraw up to $500 per day from one or a combination of your accounts by using a ATM CARD provided the funds are available at a STAR SYSTEMs or PLUS SYSTEM ATM. In addition, you may withdraw/purchase up to $500 at point of sale locations. PSECU reserves the right to reduce this daily limit at any time. In the event that your daily limit is less than $500, PSECU will advise you of the new limitation. The day for withdrawal limits starts at 12 midnight each day and ends at 12 midnight the next day. For security purposes, there are also certain daily limitations on the frequency of use of the ATM CARD. However, these limitations are not revealed for security reasons. The Pennsylvania State Employees Credit Union is not obliged to maintain such limitations. You will be denied use of your ATM CARD if you exceed the daily withdrawal/purchase limit, if you do not have adequate funds available in your exceed the frequency of usage limitation. The receipt provided by the STAR SYSTEMs or PLUS SYSTEM ATM or Merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit will resu[t in machine retention of our ATM CARD. The number of attempts that result in machine retention is not revealed for security purposes. 16. ERROR RESOLUTION PROCEDURES -- · ATM, ACH and SST - In case of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237-7328 Nationwide, TDD (800) 472- 1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at: Pennsylvania State Employees Credit Union, RO. Box 67013, Harrisburg, PA 17106-7013, as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no Pater than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and ATM CARD number (if a ATM transaction), or reference number (if Self- Service Telephone Transaction); (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need the information, and; (c) The dollar amount of the suspected error. If you tell PSECU orally, you must send your complaint or question in writing within 10 business days. PSECU will tell you the results of the investigation within 10 business days for STAR SYSTEMS, PLUS SYSTEM, , SELF- SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for STAR SYSTEMS pumhase transactions. If we need more time, however, we may take up to 45 days for STAR SYSTEMS1 PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will recredit your account within 10 business days for the amount you think is in error if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERViCE TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days if it is a STAR SYSTEMS purchase transaction, You will have the use of the money during the time it takes to complete the investigation. If PSECU does not receive your complaint or question in writing within 10 business days, PSECU may not recredit your account. If PSECU decides there is no error, you will be advised within three business days after the investigation is completed. You may ask for copies of the documents PSECU used in the investigation. If PSECU credits your account while investigating, you must repay those funds if PSECU concludes no error has occurred. 17. ATM SURCHARGE-- If you use an ATM that is not operated by us, you may be charged a fee by the ATM operator and by any national, regional or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). The ATM sumharge 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, cfose the door pdor to initiating your transaction. · Put your cash away immediately. · Direct complaints concerning ATM security to an appropriate department of the owner of the ATM. New Jersey residents: you may call the New Jersey Department of Banking at (609) 292-7272. For those members who purchase a vehicle under the DRIV Program, please review the following FTC Notice: NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BYTHE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg. PA 17112 ~717) At~:orney for Plaintiff PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. MARK E. YOHE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 05011 CIVIL, ACTION -LAW PRAECIPE TO STRIKE JUDGMENT PLEASE STRIKE THE ABOVE REFERENCED JUDGMENT. THE DEFENDANT HAD FILED BANKRUPTCY BEFORE THE ENTRY OF JUDGMENT. Respectfully submitted, St~_g..C~tTiJ~~quire Attorney I.D. No. 74669 P.O. Box 6280 Havrisburg, PA 17112 (717) 540-3900 BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg. PA 17112 (717) 540-3900 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. MARK E. YOHE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 05011 CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Mark E. Yohe, for want of ANSWER TO COMPLAINT. ( X ) Assess damages as follows: Debt ................................................................. $ 7,301.46 Attorney's Commission .......................................... $ 1,460.29 Interest .............................................................. $ to be determined Filing costs ......................................................... $ to be determined TOTAL ............................................................. $ 8,761.75 plus costs It is also entered that Possession of the 1995 Nissan Maxima bearing Vehicle Identification Number 1N1CA21D7ST056352 is awarded to Plaintiff. ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention t?p_.fal~this praecipe was mailed or delivered to the party against whom judgment is to be ent~ved~and to his/her Attorney of Record, if any, after the default occ~ed_~d at least te~s prior to the date of the filing of this praecipe and a copy of the notice is attache~ DATE: Signature: J~. ~ Steven C.~ney, Esquire NOW,~ C. c~ Attorney for Plaintiff P.O. Box 6280, Harrisburg, PA 17112 (717) 540-3900 ID#: 74669 ,2004, JUDGMENT IS ENTER4~D AS AB/~VE. Prothonotary/,Cstan~ Civil"Divi~--~ OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY Curt Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: PENNSYLVANIA STATE EMPLOYEES CREDIT UNION versus Defendant: Mark E. Yohe Judgment No. 2004-05011 CERTIFICATE OF RESIDENCE PA. R. C. P. 236 I, hereby certify that the precise residence of Plaintiff is: Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, PA 17110 and certify that the last known address of the within defendant is: Mark E. Yohe 331 Steelstown Road Newville, PA 17241 Steven C. C~-~~qu~' GODFREY &~-IiYcYR'TNEY P.O. BOX 6280 Harrisburg, PA 17112 717.540.3900 Attorney for the Plaintiff Attorney ID# 74669 BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. MARK E. YOHE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 05011 CIVIL ACTION -LAW TO: Mark E. Yohe 331 Steelstown Road Newville, PA 17241 DATE OF NOTICE: November 3, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 717.249.3166 By: Steven ~"'.".~ourtney, Esquire P.O. Box 6280 Harrisburg, Pennsylvania 17 Telephone: 717.540.3900 I.D. # 74669 Attorney for Plaintiff C') 0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-05011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS YOHE MARK E JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YOHE MARK E the DEFENDANT , at 0913:00 HOURS, on the 12th day of October ,2004 at 331 STEELSTOWN ROAD NEWVILLE, PA 17241 by handing to MARK YOHE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 -"a // ~. ~ ;r~,:!;'i",~,,,,,:?:,-~~/:,: </"'~~ R. Thomas Kline 10/12/2004 GODFREY & COURTNEY Sworn and Subscribed to before (,; C&;' "JA,,/oY O'A.D. 1 () )1uP€~ r:ltEonotary .1f1 By: "- 'c1JJ1nWi De y Sheriff