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HomeMy WebLinkAbout06-0099 27 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, NO. Of,p-99 - c~v~l~~ Plaintiff vs. TUYEN Q. LE, Defendant CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P,O. Box 186 Harrisburg, PA 17108 (800) 692-7375 Document #: 180057. J . EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CENTRE, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff vs. TUYEN Q. LE, Defendant CIVIL ACTION -LAW DIVISION CIVIL AV 1 S 0 PARA DEFENDER Conforme a PA Nllin. 1018.1 USTED HA smo DEMANDOI A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente 0 por un abogado y archivando par escrito con la Corte sus defenses 0 objeciones alas demandas puestas en contra usted. Usted es advertido que si faIla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda 0 por cualquier otro reclamo 0 alivio solicitado por Demandante. Ustedpuede perder dinero 0 propiedad 0 otros derechos importante para usted. USTED DEBE LLEV AR ffiTE P APEL A SU ABOGADO ENSEGUlDA. SI USTED NO IlENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONOLA OFICINA FUADA AQui ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERElNFORMACI0N ACERCA AGENCIAS QUE PUEDAN OFRECER SERVlCI0S LEGAL A PERSONAS ELIGIBLE AQ UN HONORARlO REDUCmO 0 GRATIS. Pennsylvania Lawyer Referral Se:rvice Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 Document #: 180057.1 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. Ui~, <19 C~ ~ CREDIT UNION, Plaintiff VS. TUYEN Q. LE, Defendant CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and through its attorneys, Melissa Van Eck, Esquire 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, Tuyen Q. Le, is an adult individual with a last known address of 1023 Drexel Hills Boulevard, Cumberland County, Pennsylvania, 17070. 3, Defendant is, and at all relevant times material hereto was, the primary loan applicant. 4, Defendant applied to Plaintiff for a visa loan, A true and correct copy of said application is attached hereto, incorporated herein and marked as Exhibit "A", S. The application submitted by Defendant were approved by Plaintiff. Document #: 180057.1 . 6. 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". 7 . Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 8. Various charges and payments were made by Defendant on the account 9. Defendant has default on the loan by failing to make timely and regular payments. 10. The last payment made by Defendant was on January 29, 2003. 11. Defendant was required under the contract to make regular and timely payments. 12. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 13 . Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 14. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. Document#: 180057.1 16. As of September 7,2005, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Seven Thousand Four Hundred Sixty-Seven Dollars and 17/100 ($7,467.17). 17. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 18. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit "Boo, Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 19. Plaintiff has retained the services of the law firm of V an Eck & Van Eck, P. C. in the collection of the amounts due and owing by Defendant. 20. As of the filing of this Complaint, Plaintiff has inclUfred reasonable attorney's fees from said law office incident to the within action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 21. The amount of attorney's fees incurred in this matter is the sum of One Thousand Five Hundred Eighteen Dollars and 43/100 ($1,518.43). 22. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 23. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. Document #: 180057./ WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Tuyen Q. Le, in the amount of Seven Thousand Four Hundred Sixty-Seven Dollars and 17/100 ($7,467.17), plus interest, reasonable attorney's fees in the amount of Two Thousand Six Hundred Thirty Dollars and 531100 ($2,630.53), the costs of this action, and such other relief as the Court deems just and proper. Respectfully submitted, By: MI. -k~ e lssa Van Ec ,EsqUire P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 Attorney for the Plaintiff Attorney ID# 85869 Date: Document #: /80057.1 VERIFICATION I, Bonnie L. Berkoski, hereby c~rtify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information ,vhich 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 cotmsel, it is tnle 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.S.A. 94904 relating to unsworn falsifica1ion to authorities. ~~.~~. , Bonnie L. Berkoski Date: D()(."f11I1":11I if. /80122./ . . PERSONAL SERVICE LOAN AND VISA ACTIVATION NOTICE I December 2, 1997 Applicant Information: SS #: 586-16-8428 Ref It: I 065858 01 Approval Amount: $7.000 Home Telephone #: 717 770-1553 Applicant: TUYEN LE Work Telephone #: 717 564-1891 Signature: I acknowledge receipt of the PSECU LOANLlNEFi Disclosure and Credit Agre ent and agree to be bound by the terms s,~t forth in said agreement. ~~ c:r Dee .3 ,'1] Date . I would like an immediate PSL advance of $ . PURPOSE: Send a 0 check. or 0 deposit to my 64 (MoneyHandler/Checking Shares) . I would like an immediate VISA advance of S . PURPOSE: Send a 0 check, or 0 deposit to my S4 (MoneyHandlerIChecJ<jng Shares) . I would like to transfer my credit card ba~n91s from other financial instilution7 at the current Purchase Annual Percentage Rate. qn>lease send me the applicationv' . You may have one additional card issued on your VISA account. Indicate your choice below: o \ "v' ifh \q1 IV Please issue an additional card in the mime below. I authorize him/her to use it and r accept full responsibility for all charges andEer cash advances just 8S though I made them. Authori2:ed users may not order replacement cards or obtain VISA account information (i.e. detailed transactions, balance information, payment activity). TUYEN lE must sign helmY, c:r Name of Authorized User Signature of TUYEN lE Persona/Identification Number "-'~"....r fOllr (tIltf.r~I...Ol""'~ _~I.._ .l- I.... ... _. ~ __ _ _ ~. . ~ ....., ,.,,____ 01hl'T~ SCANNED I ""L.\;~ the financiallinkTM Loan Disclosure's LOANLlNER' CREDIT AND SECURITY Thi; LOANLlNER. Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents include this Agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit Union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS PLAN WORKS - This is an open-end. multi.featured credit plan. We anticipate that. from time to time, you will bcrrow 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 .subaccountsR) available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for delermining the payment amounts. 2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount. you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT - You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different date at the time of an advance. If the Addendum has no payment schedule for a subaccount. your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account. you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Payments will be applied in the order the Credit Union chooses. 4. PLAN ACCESS - You can obtain credit advances in any manner authorized by us. If we allow you to use your ATMtOebit card to access the Plan, you may be liable for the unauthorized use of your ATMJDebit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debit card has been lost or stolen. immediately inform the Credit Union by calling or writing us at the telephone number or address thai appears elsewhere in the Plan. If the card is used to obtain advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATMlDebit card, even if the withdrawal results in an advance being made from your overdraft subaccount. 5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a "finance charge- and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. 6, SECURITY - You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. The following paragraph applies In all states except In Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term -Federal Credit Union.~) For all borrowers: The statutory lien andlor your pledge will allow us to apply the funds in your account(s) to what you owe when you are In default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as -New Cars~) you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as YOther Secured~ means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and an 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 also secure the Plan. 7. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Plan. You may purchase IQ Cml,l MUTUALGRQUP. 1980, 82. 84. 86,8l98,99.20CO. 01. 02. OJ. All RIGHTS RESERVED GREEMENT ' the property insurance from anyone you choose who is acceptable to the Creci~ Union. The amount and coverage of the property insurance must be acceptable te us. You may provide the property insurance through a policy you already have or through a policy you get and pay for. You promise to make the insurance poiic1 payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the property is lost cr damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. Yeu also promise to pay all taxes and fees (likl? registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, WE may pay these obligations, but we are not required to do so. Any money we sper, for taxes, fees or iinsurance will be added to the unpaid balance of the advance ;:: you will pay intemst on those amounts at the same rate you agreed to pay on tt advance. We mclY receive payments in connection with the insurance from " company which provides the insurar:ce. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of its loan agreements or may engage others to do so. The insuranCE charged added to your advance may include (1) the insurance company's payment:: to us and (2) the cost of determining compliance with the insurance requirements. I we add amounts for taxes, fees or insurance to the unpaid balance of your advance we may increase your payments to pay the amount added within the term of thf insurance or approximate term of the advance. B. NOTICE -If )'OU do not purchase the required property insurance, the insurano we may purchase and charge you for will cover only our interest in the property. Tht Insurance will nt:!t be liability Insurance and will not satisfy any state f1nancia responsibility 01' no fault laws. 9. CREDIT INSURANCE - Credit life and/or credit disability insurance is optiona under the Plan. If you qualify for and purchase the insurance from us, you authoriz, us to add the inl::urance premiums monthly to your loan balance and charge YOL interest on the entire balance. If you elect credit insurance, your payments ma;, increase for the period of time necessary to repay your advance may be extend€( beyond the apprclximate term stated on the Addendum. The credit insurance rate may change during 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 statemer. 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 hav€ given us in writing. Unless applicable law requires notice to each joint borrower notice to anyone of you will be notice to all. 11. JOINT ACCOUNTS -If this is a joint account, each of you is individually anc jointly responsiblE! for paying all amounts owed. That means we can enforce our right under the Plan a,rainst anyone of yeu individually or against all of you together. If yol give us inconsistE~nt instructions, we can refuse to follow your instructions. Unless OU written policy requires all of you to sign for an advance, each of you authorizes thE other(s) to obtain advances individualty and agre.es to repay advances made to thE other(s). Any joint accountholder may terminate the Plan by giving us prior wriller notice. If any of yCtu terminate the Plan, the Plan is terminated for aU of you. You remair liable individually and jointly for all advances incurred before termination. 12. FEES AND CHARGES - If you give us a security interest in certain types c property, we may charge you a filing fee to perfect our interest in the property. " so, th, amount of the fee' will be disclosed to you at the time you obtain an advance. We ma~ also charge you other fees in connection with the Plan. Those fees are disclosed on th. Addendum and will be added to your loan balance unless you pay them in cash. 13. UPDATING CREDIT INFORMATION - You promise that you will promptly gi~ us written notice if you move, change your name or employment, or if any ot~,' information you provided to us changes. Upon our request you also agree to prov/" us updated financial information. . 14. DEFAULT -- The following paragraph applies to borrowers In Idf Kansas, Maine and South Carolina: You will be in default if you do not ma payment of the ,amount required when it is due. You will also be in default) believe the prospect of payment, performance, or realization on any property/ as security is significantly impaired. The tal/owIng paragraph applies only to borrowers In Wisconsin: You '1 default if you fail to make a payment when due two times during any 1~ period. You will be in default if breaking any promise made under the Pla~.rT impairs your abiLty to repay what yeu owe or materially impairs the condltl( or protection of Clr our right in any property you gave as security. The tol/owlng paragraph applies only to borrowers In lowa:You will b' if you are more than 10 days late in making a payment. You will also be you do not comply with the terms of the Plan and your failure to camp' l impairs any property you gave as security of your ability to repay WI under the Plan. rJ!t p" C/h ~tJ3 J8XX060 fault if you do not make a payment of the amount reqUlrea wnen It IS Que. TOU Wfll in. default if you break any promise you made under the Pfan or if anyone is in fault under any security agreement maete in connection with an ad....ance under 3 Plan. You wlll oe in default if you die, tila for bankruptcy, become insolvent. if you lke any false or misleading statements in any credit application or update of credit 'ormation. or it something happens we believe may substantially reduce your )iJity to repay what you owe. You will also be in default under the Plan it you are in ~fault under any other loan agreement with us. 5. ACTIONS AFTER DEFAULT - The following paragraph applies to ~rrowers In Colorado, Distrlct of Columbia, Iowa, Kansas, Maine, 'assachusetts, Missouri, Nebraska, West Vlr91nia and South Carolina: When JU are in default and after expiration of any right you ha....e under applicable state w to cure your default, we can demand immediate payment of the entire unpaid llance under the Plan without giving you advance notice. he foJ/owing paragraph applles to borrowers in all other states except, Ilscons/n and l.ouisiana: When you are in default. we can require immediate 3.yment (acceleration) of the entire unpaid balance under the Plan. You wai....e any ;:jht you have to demand tor payment. notice 01 intent to accelerate and nolice of eeelaration. l1e following paragraphs apply to borrowers In all states except, Wisconsin nd Louisiana: If immediate payment is demanded. you will continue to pay interest otil what you owe has been repaid, at the applicable interest rares in affect unless default rate is disclosed on the Addendum. It a demand for immediate payment as been made, the shares and deposits given as security for the Plan can be :Jplied toward what you owe. We can also exercise any other rights given by law hen you are in default. :JU agree the Credit Union has the right to take possession of any property given s security for an ad....ance under the Plan without judicia' process it this can be done fithout breach of the peace. If we ask, you promise to deliver !he 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 fry to return that property to you or make it available to you to claim. \fter we have possession of the property, we can sell it and apply the money to any . tmounts 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 fer tak.ing possession of and selling he property will be deducted from the money received trom the sale. These costs nay indude 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. (ou will also have to pay any amount that remains unpaid after the safe money has Jean 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 applicabJe, at the default rate :Iisclosed on the Addendum. until that amount has been paid. The following paragraph applies onfy to Wisconsin borrowers: When you are in default and after expiration at any rlgh! 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 01 the property given as security. You may voluntarily give the property to us if you choose. or we may seek to take possession of the property by judicial process. If we repossess the property. you agree to pay reasonable expenses incurred in disposing of the property. If the property is a motor vehicle, mobile home, trailer, snowmobile. boat or aircraft. you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. The following paragraph applJes only to Louisfana 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 lor payment. notice 01 intent to accelerate and notice of acceleration. If immediate payment is demanded, you will continue to pay interest unlil what you owe has been repaid at the applicable interest rates in effect unless a default rate is disc!osed On the Addendum. If a demand for immediale payment has been made. the shares and deposits given as security lor 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 lIJinois: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 rale or other charges will apply to future advances. The fo/Jawing 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 Stalutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rale 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 01 the Plan continues whether you or the credit union cancel the Plan, except to the extent that your llabiJJty is limited by Section 422.4155 of the WisconSin Statutes. The following paragraph appfies only to borrowers ln 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 ..'.'-.....- -,. The following paragraph applies to borrowers In all orner $lille:;:;. HI;' "Cly~ .,,~ right to change the terms of the Plan from time 10 time after giving you any ad....ance notice required by law. Ar.y change in the interest rate will apply to future advances, and at our discretion, an,d subject to any requirements of applicable law, wiff also apply to unpaid balances. The following paragraph applies to all borrowers other than Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in t'3rms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You can cancel the Plan at any time. Your obligation to pay the unpaid balances under the terms 01 the Plan continues whether you or the Credit Union cancel the !?Ian. 17. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of Ollf rights under tnls Plan any number of times without losing the ability to exercise ou!" rights later. We can enforce this Plan against your heirs or legal representatives. If we change the terms of the Plan, you agree that this Flan will continue to protect u.s. 18. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court to be unenforceable, the rest will remain in effect. 19, NOTICE iO UTAH BORROWERS - This written agreement is a final expression of the agre.'ement between you and the Credit Union. This written agreement may not be I:ontradlcted by evid~nce of any oral agreement. 20. THE SeCURITY F'OR THE LOAN - You gi....e us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an Advance ("the Advance~). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the property now or in the I'uture. The security interest also includes any replacements tor the property which you buy within 10 days 01 the Advance or any extensions. renewals or refinancing 01 the Advance. It also includes any money you receive from selling the property or Irom insurance you ha....e on the property. If the value of the property declines, you promise to give us more property as security if asked to do so. 21. WHAT THE SECURITY INTEREST COVERS - The security interest secures the Advance describe<:1 in the receipt, voucher or any other document you receive at . the time of the Advance and any extensions. renewals or refinancings of the Advance. It also secures any other advances you have now or receive in the future under the Plan and any other amounts or loans. includifl{1 any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. It the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts YOll owe. 22. OWNERSHIP OF'THE PROPERTY - You promise that you own the property or if the Advance is to blJY the property. you promise you wlll use the Advance for that purpose. You prOmiSl! that no one else has any interest in or claim against the property that you hal{{! no! already told us about. You promise not to sell or lease the property or to use it a.s security for a loan with another creditor until the Advance is repaid. You promise )'OU will allow no other security interest or lien to attach to the property either by your actions or by operalion of law. 23. PROTECTING TI~E SECURITY INTEREST -If your sfate issues a title for the property, you promiSe! 10 have our security interes: shown on the title. We may have to file what is called a financing statemen! to prolect our security interest from the claims of others. It asked to do so. you promise to sign a financing statement. You also promise to do whatever else we think is necessary. to protect our security interest in the property. You promise to pay all costs. including but not limited to any attorney fees, we incur in protecting our security interests and rights in the property. to the extent permittl~ by applicable law. 24. USE OF PROPI:RTY - Unlil the Advance has been paid off, you promise you will: (l) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Anow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property tor any unla,v1ul purpose. 2S. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSICiN. IF IT IS REPOSSESSED AND SOLO TO SOMEONE ELSE. AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE. YOU MAY HAVE TO PAY THE DIFFERENCE. 26. VERMONT NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHTTO COLLECT FROM YOU. 27. NOTICE FOR ARIZONA OWNERS OF PROPERTY -It is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have recei....ed notice of default. The notice will be mailed to the addr~~ you gave us. It is your responsibility to notily us il your address chan~es.. ~ maximum penalty lor unlawful failure to return a motor vehicle is one year In pflSO and/or a fine of $150,000. and revIew It tor any error 01screpancles or unaumor1Z~U LJdrl~dt;Ut,lII~. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. You are required to notify us in writmg within 60 days following the date on which we sent your statement wherein the error or problem tirst 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 ca.n telephone us, but doing so will not preserve your rights. In your letter, give us the foJlowing 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. Jf 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 slop 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. -GU'lO"'U....." "'-'''-'''>If '" .-. .-- -- --.. - -. credit limit. You do not have to pay arry questioned amount while we are Jnvestigating, but you are sti!l obTJgaled 10 p~ the parts of yeur statement that are not in question. If we find that we mZlde a mistake on your statement, you will not have to pay any finance charges related to any questioned amou~t.lf 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 qUElstioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. It you lail to pay the amount that we think you owe, we may report you as delinquent. Howeyer, it our expla.nation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. It we dorn 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 01 property or services that you purchased with a credit card, and you have tried in good fa.ith to correct the problem with the merchant. you may have the right not ta pay the mmajning amount due en the property or services. There are two limitations on this right: (a) You must have made the purchase in your home stale 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 del not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. VISA" CREDIT CARD AGREEMENT AND TRUTH IN LENDING DISCLOSURE 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 accoul1t with us. We, us, and ours means this Credit Union. 1. RESPONSIBILrrY -If we issue you aeard, 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 responsib-i/ity continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account lor new transactions if you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. 2. LOST CARD NOTIFICATION - " 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 oall(800) 556-5678. 3, LIABllfTY FOR UNAUTHORIZED USE - You agree to nolify 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 0' 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, unless you are grossly negligent in the handling 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 01 Credit for you and notify you of its amount when we issue the card. You agree not to leI 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 10 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 incfudes your failure to comply with this Agreement or any other agreement with us, or our adverse reevaluation of your credit'Northiness. You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. The cards remain our property and you must recover and surrender to us all cards upon Our requesl and upon terminatiol1 of this Agreement. S. CREDIT INFORMATION - You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Bafances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Une, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and tl1e Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statemenl 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 tull, and you will reduce the finance charge by doing so. If your monthly payment exceeds the toral credit line balance owed. we will automatically post the aedit to your S 1 shares. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even doHar, 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 late fees, then to previous cash advances finance charges, then to previous purchase finance charges. then to CUITent late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were p<:Isted to your account, then 10 current cash aoolnce balances. and then to current purchase balances. 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases bY paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing dale. Otherwise, the New Balance of Purchases, and the subsequent purcha~ses from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account Purchases: We ci:t!culate your finance charge by multiplying the average adjusted daily balance (see explanation below), induding new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the aVEfrage adjusted daily balance (see explanation below) for cash advances during 'the biJJing cycle by the monthly _periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Compuultion Method Average Daily Sa/.ance for Purchases. The Average Daily Bafance for Purchase Transactions is cakulaled by adding the Daily Balances (Purchase Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the fQnowing steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the seqw:mce in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the ' amount of any C~ih Advance transactions that posted to your account on that day or in any previous da:, in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance tor Cash Advances - Cash Advance Transactions wh~h are posted 10 your account are not included in the Average Daily Balance calculation for purchases, and are! therefore not subject to the monthly periodic rate for purchases. The Average Daily Bala,nce is calculated separately for Cash Advances and is subject t~ the Cash Advance Monthly Pedod"rc Rate. The Average Daily Balance for Cash ~ransa~~ns is calculated by ad::ling the DaITy Balances (Cash Transaction) for each day 10 the bllll':9 cycle, and then dividing by the number of days in the billing cyde. To calculate the D3Ily Balance for cash each day, we take the lonowing sleps: We take the outstanding ba.lance (all amounts you cwe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounls 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 arry unpaid Finance Charges or Late Charges. Then we also sut::,tract the amount or any Purchase Transactions that posted to J'O.ur account on that day or in any previous day in the billing cycle. This gives us th~ Dally Balance for Cash i\dvance Transactions. Note: Cash Advances are always subject to finance charges ;and from the day they are posted to your account. Payments are applied in the following manner: first to previous late -fees, then to previous cash advances finance charges, then to previous purchase finance charges. then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, :d~n to current cash advance balam::es, and then to current purchase balances. Cr IS are applied first tll the particular type of debt which is being credited, if any, and then to the balance of your account Note also that it the total of the payments and credits which are posted t~ y~~; account by the Payment Due Date shown on a statement is equal to or excee s ELECTRONIC FUNDS TRANSFER, ATM AGREEMENT AND REGULATION "E" DISCLOSURE B. DEFAULT - You will be in default if you fail to make any Minimum Payment within 25 days after your monti'liy s~atement closing date. You authorize us to transfer funds sjJfficient to make the minimum payment due if your VISA loan is in default. You agree ll'lat we may temporarily suspend your ATM card access if your VISA payment is due for a period exceeding 30 days. You will arso be in default jf your ability to repay us is materially reduced by a change in your employment. an increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement. or if the value of our security interest materially declines. We have the right to demand immediate payment of your fun 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 altemative procedures to be followed. One is for you to present the card to a participating VISA plan merchant, or another financial instiMion, 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 Persona! Identification Number {PIN} in conjunction with the card in an Automated Teller Machine or other type at electronic terminal that provides access to the VISA system. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law, The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sa!e, 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 tor 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 credit balance to your 81 Shares within 75 days. If the balance is one dollar or more, upon your written 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 rale to dollars will be made in accordance with the operating regulations for international transactions established by VISA U.S.A. rnc. 12. 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 ATM CARD CARDHOLDER AGREEMENT - The Undersigned (you or your). in consideralion ot 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 selVice 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 STAA 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 'ago (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 requesling us '0 withdraw funds in the amount of such Purchase Oncluding any cash received from the Merchant) from your Checking Shares and directing or ordering us to pay such funds to the Merchant. You request that we will provide to you such other services or access to other ATM systems or networks using the ATM CARD which we may later make available and 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 nave issued to you. You agree that the uses of tne ATM CARD described in this Agreement shall be subject to the rules and regulations of eacn 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 numan 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 authenlicates and validates the directions given just as your actual signalure and other proof identify more than $50 and was made from a plan merl;;rli:l!lllll YVUI ..<a.1; '-" "'Ull" IVV 111l1t: of your home. Any (~ther disputes you must resolve directly with the plan merchant.~ 13. SECURITY 1N1'ERE:ST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any gcods 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 our payments in the manner described in the Monthly Payment section. With respe~t to this account only, we will not assert any statutory right we may have it you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid tlalance 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 otner security interests for all your debts. your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. 14. 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 si!;n or receive may contain different terms. We may amend the Agreement from tirne 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. 15. LATE PAYMENT CHARGE - If your Minimum Payment is not paid w1thir'l 1." days after the Payment Due Date, you will be subject to a single charge 0' 5% 01 th~ minimum schedulE!d payment. 16. RUSH FEES -- You may incur additional charges for rush processing and rush delivery of cards a,ndlor PIN mailer, 17. DRAFT COP'IES - You may incur an additional charge for transaction summary/sale draft documentation. 1 a. COpy RECEIVED - You acknowledge receipt of a copy of this Agreement 19. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your card for any trans,action that is illegal under applicable federal, state, or local law. 20. NO USE - Inactive Visa accounts that have no purchase or cash activity'may be closed without notice to you after 18 months of no activity, . 21. NEURAl. NE'rwORK - PSECU uses neural network systems to pr~ct and prevent unauthorized transactions. There may be occasions when a transaction is declined because it is indicative of possible fraudulent activity. you and authenticate and validate your directions to a human terter, You also understand that a Merchant which accepts the ATM CARD for a Purchase transaction may have an electronic terminal (Merchant operated or Self-Service) which requires the use of your PIN and when your PIN is used at a Merchant's terminal, it will authenticate and validate the directions given just as your actual signature will authenticate and validate your directions given to us. You acknowlec!ge that your PIN is em identification code that is personal and confidential and that the use of the PIN with the ATM CARD is' a security devise for your account(s}. Therefore. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEAHNS YOUR PIN. 3. liABILITY FOR UNAUTHORI2EDTRANSACTIONS - You agree to contact us al once if you believe the ATM CARD(s) issued to you or PIN has been lost or stoler. or money is mi!~sing from your account(s). You also agree that it your monthly statement shows transactions which you did not make, and you do not contact uS within 60 days after the s~a~ement was mailed to you, you may not get any monel losl a~er lhallime. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ONYOUF BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD{s) BY THEM, You could lose all your money in the account(s) if you take no action to notil) PSECU of tne loss of your ATM CARD or PIN. Safeguard your Persona' Identification Number (PIN), Dei not tell or disclose your PIN to any other person. Dc no! write your PIN on your ATM CARD. Do not keep a written record of your PIN nea your ATM CARD, 00 not choose a PIN that is easily idenlifiabfe, A new card may be ordered for you at that time and a "hold~ wHl be placed on ,yo\:." old card, After such time, if you find your old card, destroy the old card by cuttmg 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 withdraw~ exceeding 15 a month, You agree to pay the 50 cent penalty charge on any cas, disbursement transaction (loan advance or share withdrawal) that is less than S2( You agree to pay a 25 cent charge on each balance inquiry. You may incur a charf for any adjustment thaI needs to be made to your account resulting from an err: you made while making a deposit at an Automated Tefter machine (ArM), You awe to pay the charges or transaction fees which are charged by uS for these ~ervlce or for services which may later be offered as such fees or charges may be Impose or changed from time to time, 5. OEPOSITS - You agree I.hat when you make a deposit at a STAR SYS~~~I ATM that we have the right to verify the deposit before we make the money a~' a to you, If you d:e1iver cash, checks or other items to a STAR SYSTEMS AT :1 y~, understand and acknowledge that the funds from your deposit may no! be aval a , for immediate withdrawal and that the availability of your deposit shan depend ~~~'- rules and regula Nons regarding the particular account in which you are ma I deposit, the items that you are depositing and whether the deposit is made at a STAR SYSTEMS ATM that is owned by us or another financial institution. You also understand pnd acknowledge that not all STAR SYSTEMS ATMS may accept deposits and some STAR SYSTEMS ATMS may limit the amount of funds which may be deposited and that we may not control these limits. 6. LIABILITY - It the ATM CARD is issued for a joint account, you agree to be jointly and severally liable under 1/"Ie terms of this Agreement and the agreement for such account. You agree that if you make deposits or payments to your account(s) with items other than cash (checks. drafts or other items) and we make fundS available to you from such deposits prior to their collection, you agree that we may deduct the amounts of such funds from your account(s) which are not coUected 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 cnarges 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 af any such amendment or change shall constitute your acceptance af and a~reement to such amendment or change. 8. OWNERSH1P - 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 CONVERSIONlELECTRONIC RETURNED CHECK FEES - If you pay for something with a check or share draft, you may authorize it to be converted to an electronic fund transfer. You may also authorize merchants to electronicaUy detut your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. 2. SUMMARY OF CONSUMER LIABILITY - . ATM, ACH and SST - Tell us at once if you believe your card has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. If you believe your card has been lost Of 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 mo business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tel' 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. It a good reason such as a long trip or a hospital stay kept you from telling us, we will extend the time periods. 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED TRANSFERS - . ATM - Contact PSECU at (800) 237.7328 EXT 3808 (nationwide) or (717) 234-8484 (in Harrisburg). After hours, follow the menu options on PSECU's voice mail system to report a lost or stolen card. For VISA Credit or Debit Cards, follow the directions for Lost Card Notification under the VISA Credit Card Agreement and Truth-in-Lending Disclosures section of this document, ACH and SST - Contact PSECU at (800) 237-7328 (nationwide) or (717) 234.8484 (in Harrisburg). Or write to us at: Pennsylvania State Employees Credit Union P.O. Box 67013 Harrisburg, PA 17106-7013 PSECU Business Hours: 8:00 a.m. - 5:00 p.m. M . F TOO (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. 6. 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 checkingfsavings; purchase goods and services at any accepting retair estabfishment. ACH - Preauthorized debits and credits to checking and savings. SST - Balance inquiries and transaction histories on all share, cer1ificate and loan accounls; transfers from any share to another share or loan account from 6. ANY CHAHut:.~ rVM C..I:..., n.....u._ . _ RIGHT TO MAKE TRANSFERS- ATM - Fifty cents for each disbursement (cash advance or withdrawal) less than $20; fifty cents for each transaction over 1S per month; 25 cent for each balance inquiry; and there may be an acditional charge for any adjustmenl that needs tel be made to the account of any member who makes an error while depositing at an Automated Teller machine (ATM). ACH - $20 service charge for insufficient funds for each electronic transfer. SST - none 7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF EFT'S - ATM - You are entitled to receive a printed receipt at the time of each transaction. 'fou will receive a monthly statement showing the status of your account, any transactions made durlng the month, and any penalties or charges PS~:CU may impose during the month. ACH and S:~T - You will receive a monthly statement showing the statlJS of your account. any transactions made during the month, and any penalties Of charges PSr:CU may impose during the month. If you have arranged to have a direct deposit made to your aCCOunt at least cnce every eo days from the same person or company, you can call us a' (800) 237-7.'328 to find out whether or not the deposit has been made. 8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS - . ATM and 55T - Not applicable. ACH - Right 10 Stop Payment and Procedures for doing so. If you have told us in advaJ'I,ce to make regular payments out of your account. you can stop any of these payments. Here's how: Can us at (800) 237~7328 (Nati<mwide) or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees Credit Union, P.O. Sox 67013, Harrisburg. PA 17106-7013, in time for us to receive your request three business days or mote befQre the payment i:s scheduled 1:0 be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you can. . Noliee of lfarylng Amounts, If these regular payments may vary in amount. the person you are going to pay win tell you. 10 days before each payment, when it will be made and how much it wT1l be. You may choosa instead to get this notice only when the payment would differ by more than a certain amoun from the previous payment. or when the amount would fall outside certair limits thai ~foU set . Liability f", FaIlure to Stop Payment of Preauthorlzed Transfers. If yOl order us tel stop one of these payments three business days or more befor~ the transfer is scheduled, and we do not do so, we will be Ifa~e for your !osse:: or damagE~s, unless we request and do nor receive wrinen 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 $tol on the transfer. 9. SUMMARY OF THE FINANCtAL INSTITUTION'S FAILURE TO MAKE Of STOP CERTAINI TRANSFERS- . ATM - If PSECU fails to complete a transaction on time or in the correc amount, when properly instructed by you, PSECU will be Hable for damage caused by our failure unless: (1) there are insufficient funds in your account t complete the transfer: {2} the funds in your account are uncollected: (3) th 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 STA Systems, PLUS syslem has insufficient cash to complete the transacticn; (f your card has been reported lost or stolen and you are using the reported car~ (7) PSECU has reason to beHeve that the transaction requested unauthorized; (8) the failure is due 10 an equipment breakdown that you kno about when you started the transaction at the STAR Systems, PLUS Syster (9) the fa]ure was caused by an act of God, fire, or other catastrophe, or by Sf other caLIse beyond control; (10) if you attempt to complete a transaction th, at a STAR Systems, PLUS System. or merchant terminal that Is not permissilJle transaction listed above; or, (11) the transaction would exceed it security limitations on the use of your ATM CARD. . ACH and SST - If PSECU fails to complete a transaction on tim~ ~t in tt correct i'~mount, when properly instructed by you, PSECU will be !l~~e f damages caused by our failute unless: (1) there are insufficient funds In yc account to complete the transfer; (2) the funds in your acco~nt ~ uncollected; (3) the funds are subject to legal process; (4) the transaction) request would exceed the funds in your account plus any available overc;!~ credit; (5) PSECU has reason to believe that the transaction requestecr unauthcrized; (6) the failure was caused by an act of God, fire, or ot~ ca!astrcphe, or by another cause beyond control. In any case, P.SECU 7;. be liable~ only for actual proven and not consequentiaf damages. If thesEfac to make~ the transaction resulted from a bona fide error despite P procedlJres to avoid such errors. 10. DISCLOSURE TO THIRD PARTIES - ATM, ACH and SST _ PSECU w11l disclose informalion abo~t your acco~~: third p~lrties: (1) when it is necessary 10 complete transactions: (2) ~ f;' the eXi!iteflce and slanding 01 your account with PSECU upon reques o~ Cf party, such as a credit bureau; (3) to comply with government agency government or administrative agency summonses, subpoenas, or court orders; (6) on receipr at certification from a Federal Agency or department that a request for information is in compliance with the Right to Financial Privacy Ac':of 1978; Regulation P, Privacy of Consumer Financial Information; and (71 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 transactions for the accounts accessed by your ATM CARD. a) Determine the account baJance(s) of your Checking your Regular Shares, and your Personal Service Loan (f:lSL). 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 (rom your Checking and your Regular Shares. c) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are nor available through PLUS SYSTEM ATMs. These are the STAR SYSTEMs services currently available through the PLUS SYSTEM network Other services may be oHered in !he future. J. OTHER ATM NETWORK ACCESS - ATM Only - From rime to time, PSECU may make arrangements with other ATM networks to grant access to ATM CARDs. PSECU shall inform you when such arrangements are made and describe the services that are available to you. Any Charges will also be described. 1. PURCHASE TRANSACTIONS - ATM Only - You may use the ATM CARD to purchase goods and services rPurchase-) at any retail establishment rMerchant") where ATM CARDs are accepted by such Merchant The amount of all such Purchases will be deducted from your Checking. When you make a Purchase using the ATM CARD, you will be requesting PSECU to withdraw funds from your Checking in the amount of the Purchase and directing PSECU to pay these funds to such Merchant. ;. LIMITATIONS ON THE USE OF YOUR ATM CARD- ATM Only - You may withdraw up to 5500 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 al pOint of sale locations. PSECU reselVes the right to reduce this daily limit at any time. In the event that your daily limit is less than 5500, 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 withdrawaVpurchase limit, if you do not have adequate funds available in your exceed the limit willl'esult in machine retention of our ATM CARD. The number of attempts that result in machine retention is not revealed lor security purposes. 16. ERROR RESOLUTION PROCEDURES - ATM, ACH and 55T -In caSe of errors or questions about your transactions: Direct inquiries to PSECU at (800) 237~7328 Nationwide, TOO (800) 472. 1967 Nationwide, (717) m~2100 in Harrisburg, or write PSECU at: Pennsylvania State Employees Credit Union. P.O. Box 67013. Harrisburg, PA 17106.7013. as s,oon as you can if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt PSECU must hear from you no later than 60 days after it sent you the first statement on which the problem or error appeared. You must provide the following information: (a) Your name, account number, and ATM CARD numl:ler (if a ATM transaction), or reference number (if Self. Service Telephone Transaction); (b) Describe the error or the tranS<3ction 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 yeu 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, , SE.LF. SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS. Or 20 days for STAR SYSTEMS purchase transactions. If we need more time, however, we may ~.ke up to 45 days for STAR SYSTEMS, PLUS SYSTEM. SELF-SERVICE TEl.EPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will recred;t your account within 10 business days for the amount you think is in error if il is e STAR SYSTEMS, PLUS SYSTEM, SELF.SERVICE TELEPHONE. or DI,RECT DEBIT/CREDIT transaction, or 20 business days If it is a STAR SYSTEMS purchase transaction. You win have the use pf 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 maybe charged a fee by the ArM operator and by any national. regional or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). The ATM surcharge will be debited from your account if you erect to complete the transaction. Notice To Consumers Using ATM's Be alert to your ::;;urroundings,lf you doubt the safety of a particular Iocarton, choose another ATM. If the ATM has an entry door, close the door prior to initiating your transaction. Put your cash away immediately. Direct complaints concerning ATM security to an appropriate depa.rtmenl of the owner of the ATM. New Jersey residents: you may call the New Jersey Department of B.anking at (609) 292.7272. For those members who purchase a vehicle under the DRIV Program, please review the following FTC Notice: NOTICE ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT IS SUBJECT T() 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. ~ii~~~~;~~I~;i~~i~ ~-g~-""-!>g'Ji"'.!,' g;~&Z:~l~~r-;E~~lii~f!~ aiqU~.i~i'~~~~i18 ~...:!. w...~2'~i1...(il:i"~'~ i a~-~~~!,!aii.-g.Ji"o o o.~ ~hg ail h ;~ ~[~ ~ ~~a ~~i~"Q~ >>i ~~~ iis~~I!i~l-gili,i~i~ ~g~e~.~. ~~_~a'~~~ ~~i~~:!.~~ ;oi:~i~i~ il.~'ig'g,gE!,:j:H'h[ al~~o~i~l~~::!.i~j~; ~n~~~~~fJ~i~~~t'g!t ~0.'~!1.'~ '.I"~ "- ~ii[l=tg~~i~~i~~ii ~~~i~~~r~~~I"~[~:3 ;"!~~~!li~~gi;i.~~ <II -<Ill COil' Jji ill: Oil 5"="" \2:;.51 ~2iio~i8~~i;i~oIiI~~~ ~~g~~[~~f!i~~;~:ll ~~&I~~.I!l~'~I~~i'i ~~ii~l~~!~~I.~~.i~ Ii. 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'~j ,,' :~ J, c: ~\) SHERIFF'S RETURN - REGULAR CASE NO: 2006-00099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS LE TUYEN Q DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LE TUYEN Q the DEFENDANT , at 1333:00 HOURS, on the 11th day of January , 2006 at 1023 DREXEL HILLS BLVD NEW CUMBERLAND, PA 17070 by handing to SANE Q LE, BROTHER 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 Postage Surcharge So Answers: 18.00 14.96 .39 10.00 .00 43.35 r~~ R. Thomas Kline 01/12/2006 VANECK & VANECK Sworn and Subscribed to before By: 1/. ,.1~A./-//' P ///? /',/)v--; 7 ./././ /... "'\._.) Deputy Sheriff " ~ me this J. S day of ct"OW] J ;2av(., _ A.D. q"'f"-- G. ~~ Prothonotary , v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PENNSYL VANIA STATE EMPLOYEES CREDIT UNION, NO. 06-99 Plaintiff vs. TUYEN Q. LE, Defendant CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Tuyen Q. Le, for want of ANSWER TO COMPLAINT. (X) Assess damages as follows: Debt n__n__________________n___n_____________________________n_n$ 7,467.17 Attorney's Commission-nn----------------____nnn___________ $ 1,518.43 Filing costs--------n------------------------n_________________m_ $ to be determined TOT AL-------------__n_nn_______________________________________ $ 8.985.60 plus costs (X) r 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 hislher Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to hislher Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy ofthe notice is attach~d. C1 i , DATE: dlIO/Olv Signature: ~~ U!AlQ ex \hALCcr- . Melissa L' Van Eck, Esquire v Attorney for Plaintiff 7810 Allentown Blvd., Suite B Harrisburg, P A 17112 (717) 540-5406 ~ ID#: 85869 NOW, }-9_~ :lLf ,2006, JUDGMENTIS NTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, NO. 06-99 Plaintiff VS. TUYEN Q. LE, Defendant CIVIL ACTION -LAW TO: Tuyen Q, Le 1023 Drexel Hill Blvd. New Cumberland, P A i 7070 DA TE OF NOTICE: January 31,2006 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Lawyers Referral Service Pennsylvania Bar Association P,O, Box 186 Harrisburg, P A 17] 08 (800) 692-7375 l j\/.I&L'YYJ ..~ Vt~~t(k Melissa 1. Van Eck, Esquire P.O, Box 6662 Harrisburg, Pennsylvania 171] 2 Telephone: (717) 540-5406 !.D, # 85869 Attorney for Plaintiff By: Documenl tt: 115543.1 ':;:.. r.:J -<4. ~~~~ - C- ~ - ~ I ....:) -:::t -v ~ -l:: r ~, C i? ~ --F "'..) .' -r ,\ r:.~:,) - - --_.__.-------_."'--_._~_.._---- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, NO. 06-99 Plaintiff vs. TUYEN Q. LE, Defendant TO: Tuyen Q. Le, Defendant You are hereby notified that on ~ ...I.~ CIVIL ACTION -LAW .;2l/ .:l OUk, , , the following (GreeF) (Degree) (Judgment) has been entered against you in the above captioned case for your failure to file an answer to the complaint. A Judgment in the total amount of $8.985.60 plus costs is hereby entered. _ /) DATE: d..-!;).L/!olo /S/ (J t./}-h )/). ~ Prothonotary (':::J::n-, I hereby certify that the name and address of the proper person(s) to reC(,IVe this notice k: Tuyen Q, Le 1023 Drexel Hill Blvd. New Cumberland, P A 17070 A: Tuyen Q. Le, Defendant, Defendido/a (Defendidos/as) Por este medio se Ie esta notificando que el de del , el/la siguiente (GffieH) (Deereto) (F allo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Tuyen Q. Le 1023 Drexel Hill Blvd. New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, NO. 06-99 Plaintiff VS. TUYEN Q. LE, Defendant CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the Appearance of Melissa 1. Van Eck, Esquire, as counsel for Plaintiff in the above captioned action, Respectfully Submitted, VAN ECK& VAN ECK, P,C. By: Melissa 1. Van Eck, Esquire Attorney LD, No. 85869 P,O. Box 6662 Harrisburg, P A 17112 (717) 540-5406 Attorneys for Plaintiff Date: 2/1 0106 .-.., --' ~" 11