HomeMy WebLinkAbout06-4091IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. Olo _ ~{OQ~ ~
et~~C., ~
CREDIT UNION,
Plaintiff
vs.
B. ERIN BONN,
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 aze
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
aze 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 HIItE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Cazlisle, PA 17013
(800)990-9108
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE
CUMBERLAND, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff .
vs.
B. ERIN BONN,
Defendant CIVIL ACTION -LAW
AV I S O PARR DEFENDER
Conforme a PA Num. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender
conta la demanda puestas en las siguientes paginas, usted tienen que tomaz accibn dentro
veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito
una apazencia personalmente o por un abogado y azchivando por escrito con la Corte sus
defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si
falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado
contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o
por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero
o propiedad o otros derechos importante paza usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI
USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA
OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON
INFORMAC16N DE C6M0 CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA
PUEDE PROVEERE INFORMAC16N ACERCA AGENCIAS QUE PUEDAN
OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO
REDUCIDO O GRATIS.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800)990-9108
Document #: /80057.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
vs.
B. ERIN BONN,
Defendant
NO. U~ ~OQ~
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and
through its attorneys, Melissa L. 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 fmancial institution
qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place
of business situate at 1 Credit Union Place, Hamsburg, Dauphin County, Pennsylvania.
2. Defendant, B. Erin Bonn, is an adult individual with a last known address of 7516
Wentzville Road, Cazlisle, PA 17013.
3. Defendant is, and at all relevant times material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor
vehicle.
5. The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true
Docu,nenrs: isoos~.i
and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated
herein and marked as Exhibit "A".
6. Pursuant to the Loanliner Advance Proceeds Check mazked 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 chazges and payments were made by Defendant on the account
9. Plaintiff provided a letter to Defendant stating that the vehicle purchased by
Defendant was deemed repossessed. The letter further advises Defendant that unless payment in
full was made on the outstanding loan balance, the said vehicle would be sold at a public sale
and Defendant will be responsible for any resulting deficiency.
10. As a result of Defendant's failure to cure the default in payment, and pursuant to
state law remedies, Plaintiff sold the vehicle at public sale.
11. Plaintiff provided a letter to Defendant indicating that there was a resulting
deficiency after the sale of the vehicle.
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.
Document #: 180057.1
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 continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of July 17, 2006, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Seven Thousand One Hundred Sixty Dollazs and 09/100
($7,160.09).
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 "B", Defendant agreed to pay reasonable attorney's fees and all court and collection
costs.
19. Plaintiff has retained the services of Melissa L. Van Eck, Esquire of Van Eck &
Van Eck, in the collection of the amounts due and owing by Defendant.
20. As of the filing of this Complaint, Plaintiff has incurred 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
Four Hundred Fifty-seven Dollars and 02/100 ($1,457.02).
22. Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
Document #: 180057.1
23. The amount in controversy is within the jurisdictional amount requiring
compulsory azbitration.
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, B.
Erin Bonn, in the amount of Seven Thousand One Hundred Sixty Dollazs and 09/100
($7,160.09), plus interest, reasonable attorney's fees in the amount of One Thousand Four
Hundred Fifty-seven Dollazs and 02/100 ($1,457.02), the costs of this action, and such other
relief as the Court deems just and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
By: -L
l
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Hamsburg, PA 17112
717.540.5406
Docurnenr #: /80057.1
VERIFICATION
I, Bonnie L. Berl:oski, hereby certify that the following is correct:
The facts set forth h~ tlae foregoimg Complaint are based upon iufonna[ion ~chich 1 have
furnished to cormseL as ~cetl as upon information which has been gathered by counsel and/or others
acting on my behalf iu this matter. "The language of the Compiunt is that of cotmsel and not my
own. I have read the Complaint, and to the extent drat it is based upon information airich [ he,ve
given to counsel, it is true and con~ect to the best of my I:nowledge, 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.:'1. 54904 relating to miswom falsification to
authorities.
_ ,
Boimie L. Berkoski
Date: ~ ~ f ~~
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ADVANCE PROCEEDS VOUCHER
~, Panngfi~WaSbb
V Employees Credt Unlan
P.D. Boz 67019
Hanieburg, PA 17108.7013
(800)437-73x6 (Ne3anwlae)
(717) 2348184 M Hanishurp)
s. ~.. ~ MEMBER'NAME .:::::.. ,. :.':; ;.. ,.: DR7E:::::::- .~:, MEMBER ACCOUNT NUMBER-:".' .NOTE NUMBER::::.'.'.
ERA 02/1 / 1 1 1 85 17 1
P RPOS
2249IONOFF DEALER PURCHASE
HARRISBURG PA 17110
TRANGAC71oN
- OPEN END OTHER ~ HOME
^ NEW LOAN 2. ^ LOAN ADVANCE 3. ^ (DEBCAIBE) 4. EIIUT' ADVANCE
t
TYPE .
'DISBURSEMENT BREA'KDOUVN~AND REI3AXME T::SCHED.ULE
VOU HAVE PREVIOUSLY ELECTED TO HAVE THIS CREDR DIBABILffY SINGLE CREDIT LIFE JOWT CREDIT LIFE
INSURED WITH THE FOLLOWING COVERAGE ^ ~ YEB ^ NO ~ YES ^ NO
YES NO
DALLY PERIODIC RATE - INTEREST RATE IS: AMOUNT REQUESTED AM0 yq PRE VIOUS BALANCE NEW BALANCE
(CHANGE IN TERMB ONLY) CENTAGE RATE AxEO vralAeLE ,I, + OTHER CHARGES v + o
.023260 08.490 ~ ^ 15,119.96 15;119.96 $0.00 15,119.96
PAYMENT DATE DUE PAYMEN G ENCY PROJECTED LOAN TERM
6268.80 03/14!01 MONTHLY
,,... ,...,. -'SECURITY Q.FERED.
IF THIS IS A HOME EQUITY ADVANCE, THE ONLYSECVRITY FOR THIS ADVANCE IS THE REAL PROPER71' IIN MOST CASES YOUR HOMEI Wl9CH YOV GAVE AS SECURITY WHEN VOUq
ACCOUM WAS ESTABLJSHED.
IF THIS IS NOT A HOME EOVfrY ADVANCE, IN ADDITION 70 THE PLEDGE OF SHARES IN YOlai LOANUNEq CREDIT AOgE-Ac LENT, TFSi FOLLOWING PROPERTY SECURES TAS ADVPNCE.
:'.TEEM ..... ;~.;:'PRQRERTY - ~;..;::': ~ MODEL ,........... YEAR.:.; ,.:: ~ : lID..NUMBER.....:::.: ~_ ~ TYPE.. ' . :::" VAIUE' "w:,:'
7.
3, TOYOTA COROLLA 2001 2TIBR12E31C461584 SDN 16,989.00
a. OTHER
YOU PLEDGE SHARES ANDlOR DEPOSfT3 OF S ~ IN ACCOUNT NUMBER
referenced above wAl secure the advance and any other advances you have now or receive in the future under the LOANLINER Credk and Security
Agreement (the Plan) and eny other amounts you owe ua for any reason now ar In the future fn accordance with the terms of the Plan and 12) to
make payments as disclosed above in accordance with the terms of the Plan.
® CUNA MUTUAL GROUP, / 430, B2, a4, Be, E9, ALL RIGHTS RESERVED CPAV02ILASFAI 47330
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the financial link®
Pennsylvania State Employees Credit Union
PO. Box 67013 • Harrisburg, PA 17106-7013 • (717J 234-8484 Harrisburg, (800) 2377328 Nationwide
Loan Disclosures
This LOANLINER• Cretlit and Security Agreement, which includes the Truth in
Lending Disclosures, will De 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 antl us mean PSECU or anyone to whom the Credit
Union transfers its rights under the Plan.
HOW THIS PLAN WORKS -This is an open-end, multi-featured credit plan. We
anticipate that, from time to time, you will borrow money (called "advances") under
the Plan. We are not required to make advances to you under the Pian and can
refuse a request for an advance at any time. The Addendum describes the
different types of credit (called "subaccounts") available under the Plan, the current
interest rate for each subaccount expressed as a daily periodic rate and
corresponding annual percentage rate and other charges. It may also have other
terms and a schedule for determining the payment amounts.
CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain
subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the
established credit limit. If you exceed the credit limit, you promise to repay
immediately the amount which exceeds the credit limit.
REPAYMENT -You promise to repay all amounts you owe under the Plan plus
interest. Payments ere due on the last day of the month unless we set a different day
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 yeu
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
sharedratt account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedratt account. Unless otherwise required by
law, payments will be applied to amounts owetl under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can obtain Cretlit 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, orelty or in writing, of the loss, theft, or possible
unauthorized use. If you believe your ATM/Debh card has been lost or stolen,
immediately inform the Credit Union by calling or writing us at Ne telephone number or
address that appears elsewhere in the Plan. If the card is used to obtain unauthorized
advances directly from the Plan, your liability will not exceed $50. If the unauthorized
withdrawal is from a sharedraft account, your liability is governed by the Regulation E
disclosures you received at the Gme you received your ATM/Debh card, even rf the
whhdrawal results in an advance being made from your overtlreh subaccount.
FINANCE CHARGE -The dollar amount you pay for money borrowed is called a
"finance charge" and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance if you have not yet made a payment) is multiplied by the applicable dairy
periodic rate. The sum of these amounts is the fnance charge owed. The balance
used to compute the fnance charge is the unpaid balance each day otter 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 is a variable interest refs, the
Addendum explains how the variable interest rete works.
SECURITY -You pledge as security for the Plan all shares and dividends and, if
any, all deposits and interest in all joint and individual accounts you have with us
now and in the future. If a specific dollar amount is pledged for an advance, we will
freeze shares in that account to the extent of the outstanding balance for the
advance. Otherwise, your pledged shares may be withdrawn unless you are in
default. The following paragraph applies In all states except in Ohio, Rhode
Island and Massachusetts: We have a statutory lien on the shares and dividends
and, if any, the deposits and interest in all individual and joint accounts you have with
us and may exercise our rights under the lien to the extent permitted by state law.
(We are state charteretl if our name does not include the term "Federal Credit
Union ") For all borrowers: The statutory Ilan and/or your pledge will allow us
to apply the funds in your account(s) to what you owe when you ere in default.
The statutory lien and your pledge do not apply to any Individual Retirement
Account or any ocher accoune 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 "Other Secured" means you must provide securhy
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed undeitthe Plan and ell 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.
CREDIT INSURANCE -Cretlit life and/or credit disability insurance is optional
untler the Plan. If you qualify for and purchase the insurance from us, you authorize
us to add [he insurance premiums monthly to your loan balance and charge you
®6NNA MUTUAL GROUP 1980. 82, Sd, 56.89, 98.99, 2900, 01, 02, 03, 04, O5, 0.ll FIGHTS PESERVEG
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be eMendetl.
The credit insurance rates may change during the Plan. If the rates change, we will
provide any notices required by applicable law.
PERIODIC STATEMENT-On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by the statement.
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.
JOINT ACCOUNTS - It this is a joint account, each of you is individually and jointly
responsible for paying all amounts owed. That means we can enforce our rights
under the Plan against any one of you individually or against all of you together. Ii you
give us inconsistent instructions, we can refuse to fdbw your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
other(s) to obtain advances individually and agrees to repay atlvances made to the
other(s). Any joint accountholder may terminate the Plan by giving us prior written
notice. If arty of you terminate the Plan, the Plan is terminated for all of you. You
remain liable individually and jointly for all atlvances incurred before termination.
FEES AND CHARGES - It you give us a severity interest in certain types of
property, we may charge you a filing fee to periect our interest in the property. If we
do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other tees in connection with the Plan. Our current fees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
UPDATING CREDIT INFORMATION -Ycu promise that you will promptly give us
written notice if you move, change your name or employment, or ii any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial information.
DEFAULT -The following paregraph applies to borrowers In Idaho, Kansas,
Maine end South Carolina: You will be in default 'rf you do not make a payment of
the amount required when it is due. You will also be in default it we believe the
prospect of payment, performance, or realization on any property given as security
is significantly impaired.
The following paragraph applies only fo borrowers In Wlseonsln: You will be in
default if you fail to make a payment when due two times during any 12 month
period. You will be in default if breaking any promise made under the Plan materially
impairs your ability to repay what you owe or materially impairs the condition, value,
or protection of or our right in any property you gave as security.
The following paragraph applies only to borrowers In Iowa: Vou will be in
default if you are more than 10 days late in making a payment. You will also be in
default if you tlo not comply with the terms of the Plan and your failure to comply
materially impairs any property you gave as security or your ability to repay what yeu
owe under the Plan.
The following paragraph appllas to borrowers /n all other states: You will be in
defauk if you do not make a payment of the amount required when it is due. You will
De in default if you break any promise you made under the Plan or if anyone is in
default under any security agreement made in connection with an advance under
the Plan. YOU will be in default'rf you die, file for bankruptcy, become insolvent, if you
make any false or misleading statements in any credit application or update of credit
information, or if something happens we believe may substantially reduce your
ability to repay what you owe. Vou will be in defauk ii any property you have given
us es security is repossessed by someone else, seized under a forteiture or similar
law, or if anything else happens that significantly affects the value of the property or
our security interest in it.YOU will also be in defauk underthe Plan if you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT -The following paragraph appllas to borrowers In
Colorado, Dlstrlct of Columbia, Iowa, Kansas, Maine, Massachusetts, Mlsscurl,
Nebraska, South Carolina and West Vlrglnle: When you are in default and after
expiration of any right you have under applicable state law to cure your default, we can
demand immetliate payment of the entire unpaid balance under the Plan without
giving you advance notice.
The following paragraph applies fo borrowers In all other states except Wlseonsln
end Loulslana: When you are in default, we can require immediate payment
(acceleration) of the entire unpaid balance untler the Plan. You waive any right you have
to demantl for payment, notice of intent to accelerate and notice of acceleration.
The following paragrephs apply to borrowers In all states except Wlsconsln and
Loulslana: It immediate payment is tlemanded, you will continue to pay interest until
what you owe has been repaid at the applicable interest rates in effector, if applicable,
at the tlefault rate disclosed on the Addendum. If a demand for immediate payment
has been made, your shares and/or deposits can be applied towards what you owe
as provided in the section above called "Security.' We can also exercise any other
rights given by law when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security under the Plan, without judicial process, if this can be done without
breach of the peace. If we ask, you promise to deliver the property at a time and
place we choose. If the property is a motor vehicle or boat, you agree that we may
CPSMOi PSECU FORM k3146
~~~ t~` 1 q ~] JB%%0601-203R2092~1 (3105)
LOANLINER° Credit and Security Credit Agreement (continued)
obtain a key or other device necessary to unlock and operate it, when you are in
default. We will not be responsible for any other property, not covered by this
Agreement, that you leave insitle the property or that is attached to the property. We
will try to return that property to you or make it available for you to claim.
After we have possession of the property, we can sell tt and apply the money to any
amounts you owe us. We will give you notice of any public disposttion or the date after
which a private disposition will be held. Our expenses for taking possession of and
selling the property will be deducted from the money received from the sale. Those
costs may include the cost of storing the property, preparing ft for sale and attorney's
fees to the extent permitted under state law or awarded under the Bankruptcy Code.
You must pay any amount that remains unpaid after the sale money has been applied
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, 'rf applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The /ollowing paragraph applies only fo Wisconsin borrowers: When you are in
default and after expiration of any fight you have under applicable state law to cure your
default, we may require immediate payment of your outstanding loan balance under the
Plan and seek possession of property given as security. You may voluntarily give the
property to us if you choose, or we may seek to take possession of the property by
judicial process. If we repossess the property, you agree to pay reasonable expenses
incured in disposing of the property. If the property is a motor vehicle, mobile home,
trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted
by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains
unpaid after the sale money has been applied to what you owe under the Plan. You
agree to pay interest on any unpaid amount at the same rate as the advance, or, if
applicable, at the default rate disclosed on the Addendum, until that amount is paid.
It the property is located outside Wisconsin at the time of default, we may take
possession of the property without judicial process, if permittetl by the state where
the property is located.
The /ollowing paragraph applies only to Loulslana 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 towards what you owe. We
can also exercise any other rights given by law when you are in default and our
rights under any security agreements you have with us.
CANCELLING OR CHANGING THE PLAN -The /ollowing pangroph appgea
onty to borrowers In Illinois: We have the right to change the terms of the Plan from
time to time otter giving you any advance notice required by law. Any change to the
interest rate or other charges will apply to future advances.
The /ollowing pangrsph applies only to borrowers In Wlaeonain: 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. 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 epplles only to borrowers In Iowa: We can change the
terms of the Plan from time to time after giving you any advance notice required by
law. A change that increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otherwise adversely affects existing
balances will apply to existing balances only if you agree to the change or you use
the Plan attar receiving notice that your use of the Plan means you agree the
change applies to existing balances.
The !ollowing paragraph epplles 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 to any requirements of applicable law, will also
apply to unpaid balances.
The following parsgraph applies to all but Wlaconain borrowers: An increase in
the daily periodic rate under a variable interest rate is not considered a change in
terms under the Plan. We can cancel the entire Plan or any part of the Plan at any
time. You may cancel the Plan at anytime by giving us prior written notice. Your
obligation to pay the unpaid balances under the terms of the Plan continues whether
you or the Credit Union cancel the Plan.
DELAY IN ENFORCING RIGHTS AND CHANGES INTHE PLAN - We can delay
enforcing any of our rights under this Plan any number of times without losing the
ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of the Plan, you agree that this Plan
will continue to protect us.
CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court
to be unenforceable, the rest will remain in effect.
NOTICE TO UTAH BORROWERS -This written agreement is a final expression of
the agreement between you and the Credit UniorTThis written agreement may not
be contradicted by evidence of any oral agreement.
the /allowing Is required by Vermont law- NOTICE TO CO-SIGNER -YOUR
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE
FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,
THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
The following paragraphs apply If you give security in connection with an
advance under the Plan. Theyepply to borrowers in all states except Louisiana.
Loulslana borrowers will execute a separate security agreement. Borrowers in
other states may also be asked to execute a separate security agreement.
THE SECURITY FOR THE PLAN -You give us what is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an advance ('Yhe Advance"). The security interest you give includes all
accessions. Accessions are things which are attached to or installed In the property
now or in the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling
the property or from insurance you have on the property. If the value of the property
declines, you promise to give us more property as security if asked to do so.
WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS
-The security interest secures the Advance described in the receipt, voucher or any
other document you receive at the time of the Advance and any extensions, renewals
or refinancings of the Advance. It also secures any other advances you have now
or receive In the future under the Plan end arty other amounts or loans,
Including any credit card loan, you owe us for any reason now or in the f W ure,
except any loan secured by your pdnclpal rasldence. If the property Is household
goods as defined by the Federal Trade Commission Credit Practices Rule, the
property will secure only the Advance and not other amounts you owe.
OWNERSHIP OF THE PROPERTY -You promise that you own all property you
give as security or if the Advance is to buy the property, you promise you will use
the Advance for that purpose. You promise that no one else has any interest in or
claim against the property that you have not already told us about. You promise not
to sell or lease the property or to use it as security for a loan with another creditor
until the Advance is repaid. You promise you will allow no other security imerest or
lien to attach to the property either by your actions or by operation of law.
PROPERTY INSURANCE, TAXES AND FEES -You must maintain property
insurance on all property that you give as security under the Plan. You may purchase
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance must be acceptable to
us. You may provide the property insurance through a policy you already have, or
through a policy you get and pay for. You promise to make the insurance policy
payable to us and to deliver the policy or proof of coverage to us it asked to do so.
If you cancel your insurance and get a refund, we have a right to the refund. If the
property is lost or damaged, we can use the insurance settlement to repair the
property or apply it towartls what you owe. Vou authorize us to endorse any draft or
check which may be payable to you in order for us to collect any refund or benefits
due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
If you do not pay the faxes or fees on the property when due or keep K insured, we may
pay these obligations, but we are not required to do so. Any money we spend br taxes,
fees or insurance will be added to the unpaid balance of the advance and you will pay
interest on those amounts at the same rate you agreed to pay on the advance. We may
receive payments in connection with the insurance from a company which provides the
insurance. We may monitor our loans for the purpose of determining whether you and
other borrowers have complied with the Insurance requirements of our loan agreements
or may engage others to do so. The insurance charge added to an advance may include
(1) the insurance companys payments to us and (2) the cost of determining compliance
with the insurance requirements. If we adtl amounts for taxes, fees or insurance to the
unpaid balarxx of an advance, we may increase your payments to pay the amount
added within the term of the insurance or approximate term of the advance.
INSURANCE NOTICE - If you do not purchase the required property insurance,
the insurance we may purchase and charge you for will cover only our interest in the
property. The premium for this insurance may be higher because the insurance
company may have given us the right to purchase insurance after uninsured
collateral is lost or damaged. The Insurance will not be liability Insurance and
will not satisfy any state financial responslbllity or no }cult laws.
PROTECTING THE SECURITY INTEREST - If your state issues a title for the
properly, you promise to have our security interest shown on the title. We may have
to file what is called a financing statement to protect our security interest from the
claims of others. If asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property. Vou promise to pay all costs, including but not limited to any
attorney tees, we incur in protecting our security interest and rights in the property,
to the extent permitted by applicable law.
USE OF PROPERTY -Until the Advance has been paid off, you promise you will:
(1) Use the property carefully and keep it in good repair. (2) Obtain our written
permission before making major changes to the property or changing the address
where the property is kept. (3) Inform us in writing before changing your address. (4)
Allow us to inspect the property. (5) Promptly notify us if the property is damaged,
stolen or abused. (6) Not use the property for any unlawful purpose. (T) Not to retitle
property in another state without telling us.
NOTICE TO NORTH DAKOTA 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.
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 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 and our responsibilities
under the Fair Credit Billing Act. Vou are advised to read your monthly statement
and review it for any error discrepancies or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR OUE5TIONS ABOUT YOUR
STATEMENT. h 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
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights.
In your letter, give us the fallowing information:
' Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe [here is an error.
If you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILRIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have cortected the error by then. Within 90 days, we must either correct the error or
explain wiry we believe the statement was correct.
In this Agreement, the words you and your means each end all of those who apply
for the card or who signs this Agreement. Card means the Visa Credit Card and any
duplicates and renewals we issue. Account means your Visa Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY - If we issue you a card, you agree to repay all debts and the
Finance Charge arising from the use of the card and the card amount. For example,
you are responsible for charges made by yourself, your spouse and minor children.
You are also responsible for charges made by anyone else to whom you give the
card, and this responsibility continues until the card is recovered.YOU cannot disclaim
responsibility by notifying us, but we will close the account for new transactions if you
so request and return. all cards. Ycur 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 - 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. AHer
hours call (600) 556-5676.
3. LIABILITY FOR UNAUTHORIZED USE-You agree to notify us immediately,
orally or in writing of the loss, theh or unauthorized use of your Credit Card. You may
he 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, unless you are grossly negligent in the handling of your Card. In
any rase, your liability will not exceed $50.
4. CREDR LINE - If we approve your application, we will establish aself-
replenishing Line of Credit for you and notify you of its amount when we issue the
card. Vou agree not to let the account balance exceed this approved Credit Line. Each
payment you make on the amount will restore your Credit Line by the amount of the
payment which is applied to the principal. You may request an increase In your Credh
Line only by written application to us, which must be approved byour 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 oNer agreement wfth
us, or our adverse reevaluation of your creditworthiness. You may also terminate this
Agreement at any time, but termination by either of us does not afled 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 investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current Vansactions on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, the Fnance Chargedue 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 dosing date. 8y separate
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, of ceur~e, pay more frequently, pay more
than the Minimum Payment, or pay the Total New Balance in full, and ycu will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line balance
owed, we will automatically 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
After we receive your letter, we cannot try to collect any amount you question, or report
you as delinquent. We can continue tc send statements to you for the amount you
question, including finance charges, and we can apply any unpaid amount against your
credit limk. 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 Lind that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn't make a mistake, you
may have to pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to [hat the matter has been
settled between us when It finally is.
If we don't follow these rules, we can't collect the Flrst $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FCR 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 properly 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 marling 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.
demand. We will apply payments in the bllowing manner: first to previous late fees,
then to previous cash advances finance charges, then to previous purchase finance
charges, than to current late tees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES -You can avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Cnarge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rete and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Deity Balance for Purchases -The Average Daily Balance for Purchase
7mnsactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the scan 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 Lata Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daily Balance for purchases.
Average Daily Balance for Cash Advances -Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subjed to the
Cash Advance Monthly Periodic Rate. The Averge Deity Balance for Cash Transactions
is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and then dividing frf the number of days in the billing cycle. To calwlate the Daily
Balance for cash each day we take the following steps: We take the oustanding balance
(all amounts you owe) at the start of the day. Then, in the sequence in whim amounts
are posted to your account, we add the amounts of all debits and subtrad the amounts
of all credits or payments which post to your account that day. After appying payments
and credits, we subtract Ne amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Trnsadions that posted to your
account on that day or in any previous day in the billing cycle. This gives us the Daily
Balance for Cash Advance Transadions. Note:.Cash Advances are ahvays subject to
finance charges and from the day They ere posted to your account
Payments are applied in the following manner: first to previous late fees, then to
previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the particular type of debt which is being credited, if any, and then
to the balance of your account.
Visa' Credit Card Agreement and huth In Lending Disclosure (continued)
Note also that it the total of the payments and credits which are posted to your
accoudt by the Payment Due Date shown on a statement is equal to or exceeds the
New Balance shown on that statement, we wilt not apply the Monthly Periodic Rate
to your Account on your next statement.
8. DEFAULT -You will be in default it 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 i} your Visa payment
is due for a period exceeding 30 days. You will also be in default if your ability to
repay us is materially reduced by a change in your employment, an increase in your
obligations, bankruptcy or insolvency proceedings involving you, your death or your
failure to abide by this Agreement, or if the value of our security interest materially
declines. We have the right to demand immediate payment of your full account
balance if you default, subject to our giving you any notice required by law. To the
extent permitted by law, you will also be required to pay our collection expenses,
including court costs and reasonable attorney tees.
8. 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
paAicipating 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 Identifcation Number (PIN) in conjunction
with the card in an Automated Teller Machine or other type of electronic terminal that
provides access to the Visa system. You agree that you will not use your card for any
transaction that is illegal under applicable federal, state, or local law. The monthly
statement will identify the merchant, electronic terminal or financial institution at
which transactions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement. You will retain a copy of such slips furnished at the
lime 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. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit
Card, that election is subject to the existing credit limit and the agreement it represents
and the current loan policy at the time of the overdraft. You also understand that an
overdraft wdl be considered the same as a cash advance on your PSECU Visa Credit
Card and that the cunent Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a credit
slip which we will post to your Visa line of credit. If your credit and payments exceed
what you owe us, we wiN automatically post the excess credit balance to your S7
Shares within 75 days. If the balance is one dollar or more, upon your written request,
we will refund the credit balance to you.
12. FOREIGN TRANSACTIONS -The exchange rate between the transaction
currency and the billing currency used for processing international transactions is a rate
selected by Visa from the range of rates available in wholesale cunency markets for the
applicable central processing date, which rate may vary from the rate Visa itseA
receives, or a government-mandated rate in effect for the applicable central processing
dale. In each instance, an adjustment may be assessed based on the ISA fee imposed
by Visa. This fee, which totals 1% pf the transaction amount, will be assessed on all
[ransaaions where the merchant country differs from fhe country of the caN issuer.
13. DISPUTED TRANSACTIONS - If you disagree or find an eror with a Visa
ATM CARD CARDHOLDER AGREEMENT -The Undersigned (you or your), in
consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we,
our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the
following terms and conditions. You agree that the use of your ATM card(s)
constitutes acceptance of the terms and conditions of Phis Agreement. You
understand that ATM is acredit-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)
wdhdraw 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 (t) 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 [o 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 Shares and directing or ordering us to{~ay 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
transaction, and have tried in good faith to correct the problem with the merchant or
fhe charges are the result of unauthorized or fraudulent use, or your purchase cost
more than $50 and was made from a plan merchant in your state within 100 miles
of your home, contact PSECU. You are required to no[iy PSECU in writing within 60
days following the date on which we sent your statement wherein the error or
problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form outlining the
details of your dispute. !n cases of frautlulertl card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
It we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question. PSECU must adhere to
strict dispute timeframes set forth by Visa.
14, SECURfrY INTEREST-To secure youraccounL you grant use purchase money
security Interest under the Uniform Commercial Code in any goods you purchase
through fhe aarount. If you dehauk, we will have the right to recover any of these goods
which we have not been paid for through our application of your payments in the manner
described in the Monthly Payment section. W ith respect to this account only, we will not
assert any statutory right we may have if you are in default to prevent withdrawal of your
unpledged credit union shares (Deposits) below the unpaid balance of your account.
However, ii you give or have given us a specific pledge of your credit union shares
(Deposits) by signing the Pledge of Shares or otherwise, or any other security interests
for all your debts, your account will be secured fry your pledged shares (Deposts) and
by the property described in those other security agreements, except for }roar home.
15. EFFECT OF AGREEMENT -This Agreement is the contract which applies to
ail transactions on your account even though the sales, cash advance, credit or
other slips you sign or receive may contain different terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
law. YOUr use of the card thereafter wilt 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.
16, LATE PAYMENT CHARGE - If your Minimum Payment is not received by the
first day of the month following your due date, you will be subject t0 a $20 charge.
17. RUSH FEES -You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
16. OVER LJMR FEE-A $20 fee will be applied for each monthly statement closing date
on which the outstanding balance exceeds the assigned credit limfl by more than $100.
19, DRAFT COPIES -You may incur an additional charge for transaction
summarylsale draft documentation.
20. COPY RECEIVED -You acknowfetlge receipt of a copy of this Agreement.
21, ILLEGAL TRANSACTIONS PROHIBITED -You agree that you will not use
your card for any transaction that is illegal under applicable federal, State, or local law.
22. NO USE -Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you attar 18 months of no activity.
23. NEURAL NETWORK -PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity.
in this Agreement shall be subject to the rules and regulations of each account
which is accessed by such Card.
2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WRH 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 end other proof identify
you and authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts the ATM CAAD 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 al a Merchant's
terminal, it will authenticate and validate the directions given just es your actual
signature will authenticate and validate your directions given to us.You acknowledge
that your PIN is an identificattort code that is personal and confidential and that the
use of the PIN with the ATM CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LIABILRV FOR UNAUTHORIZEDTRANSACTIONS -You agree to contact us
at once ff you believe the ATM CARD(s) issued to you or PIN has been lost or stolen
or money is missing from your account(s). You also agree that if your monthly
statement shows transactions which you did not make, and you tlo not contact us
within 60 days after the statement was mailed to you, you may not get any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF ANDYOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) 8Y
THEM. You could lose all your money in the account(s) if you take no action to notify
PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
Identification Number (PIN). Do not tell or disclose your PIN to any other person. Do
not write your PIN on your ATM CARD. Do not keep a written recrord of your PIN near
your ATM CARD. Do not choose a PIN that is easily identifiable.
'~ Jelectranic Funds Transfer ATM Agreement and Reaulaflon "E" Disclosure
(continued)
A new card may be ordered for you at that time and a "hold" will be placed on your
old card. After such time, if you find your old card, destroy the old card by cutting it
in half. If you attempt to use your old card, it will not work.
4. CHARGES -You agree to pay a 50 cent charge for each deposit or withdrawal
exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash
disbursement transaction (loan advance or share withdrawal) that is less than $20.
You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
for any adjustment that needs to be matle to your account resulting from an error
you matle while making a tleposit at an Automated Teller machine (ATM). You agree
to pay the charges or transaction fees which are charged by us for these services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
5, DEPOSITS -You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to verify the deposit before we make the money available
to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you
understand and acknowledge that the funds from your deposit may not be available
for immediate withdrawal and that the availability of your tleposit shall depend on our
rules and regulations regarding the particular account in which you are making a
deposit, the items that you are depositing and whether the deposit is made at a
STAR SYSTEMS ATM that is owned by us or another financial institution. You also
understand and acknowledge that not all STAR SYSTEMS ATMs may accept
deposits and some STAR SYSTEMS AIMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6- LIABILITY - If the ATM CARD is issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement for
such account. You agree that if you make deposits or payments to your account(s)
with items other than cash (checks, drafts or other items) and we make funds
available to you from such deposits prior to their collection, you agree that we may
deduct the amounts of such funds from your account(s) which are not collected or,
if the funds in your account(s) are insufficient at such time, you will promptly pay to
us any amount of such funds which are not collected.
7. AMENDMENT OF THIS AGREEMENT -You agree that from time to time we
may amend or change the terms of this agreement including amendments or
changes to add further ATM CARD services or to amend or change the charges for
these services. We may do so by notifying you in writing of such amendments or
changes and your use of the ATM CARD after the effective date of any such
amendment or change shall constitute your acceptance of and agreement [o 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 CONVERSIONIELECTRONIC RETURNED CHECK
FEES - If you pay for something with a check or share draft, you may authorize it
to be converted to an electronic fund transfer. You may also authorize merchants to
electronically debit your account for returned check fees.VOU 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 elecronically or if you sign a written authorization.
2. SUMMARY OF CONSUMER LfABILITY-
• ATM, ACH and SST -Tell us at once it you believe your card has been lost
or stolen. Telephoning is the best way to keep your possible losses down. You could
lose all the money In your account plus your maximum overdraft line of credit. If you
believe your card has been lost or stolen, and you tell us within two business days
after you learn of the loss or theft, you can lose no more than $50 if someone used
your card without your permission.
If you do not tell us within two business days after you learn of the bss 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 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 tnp ar 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, folldw the menu options on PSECU's
voice mail system to report a lost or stolen card. For Visa Credit or Debit
Cards, follow the direch'ons /or Lost Card Notilicafion 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:
6:00 a.m.-5:00 p.m.M-F
TDD (600) 472-1967 Nationwide
(717) 777-2100 in Harrisburg
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 establishment.
• ACH - Preauthorized debits and credits to checking and savings.
• SST -Balance inquiries and transaction histories on all share, certificate and
loan accounts; transfers from any share to another share or loan account from
your PSL to any share or loan account; withdrawals from any share except
IRA shares or certificates.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
ATM -Fifty cents for each disbursement (cash advance or withdrawal) less
than $20; fifty cents for each transaction over 15 per month; 25 cent 1a each
balance inquiry; and there may be an additional charge for any adjustment
that needs to be made to the account of any member who makes an error
while depositing at an Automated Teller machine (ATM).
ACH - $30 service charge for insufficient funds For each electronic transfer.
• SST-none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFT'S -
• ATM -You are entitled to receive a printed receipt at the time of each
transaction. You will receive a monthly statement showing the status of your
account, any transactions made during the month, and any penalties or
charges PSECU may impose during the month.
• ACH and SST -You will receive a monthly statement showing the status of
your account, any transactions made during the month, and any penalties or
charges PSECU may impose during the month-.
• If you have arranged to have a direct deposit made to your account at least
once every 60 days from the same person or company you can call us at
(800) 237-7328 to find out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS -PRE-AUTHORIZED TAANSFERS -
• ATM and SST -Not applicable.
• ACH - Aight to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop
any of these payments. Here's how; Call us ai (800) 237.7328 (Nationwide)
or (717) 234-8484 (Hanisburg) or write us at: Pennsylvania State Employees
Credit Union, P.O. Boz 67013, Harrisburg, PA 17106-7013, in time for us to
receive your request three business days or more before the payment is
scheduled to be made. If you call, we may also require you to put your request
in writing and get it to us within 14 days aher you call.
• Notlee of Varying Amounts. If these regular payments may vary in amount,
the person you are going to pay will tell you, 10 days before each payment,
when it wiH be made and haw much it wiN be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would hall outside certain
limits that you set.
• Liability for Failure to Stop Payment of Preauthorized Transfers. If you
order us to stop one of these payments three business days or more before
the transfer is scheduled, and we do not do so, we will be liable for your losses
or damages, unless we request and do not receive written confirma8ori of an
oral stop payment within 14 days and the transfer takes place after 14 days,
or you tail to give us proper instructions that would enable us to place the stop
on the transfer.
9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAIN TRANSFERS -
• ATM - If PSECU }ails fo complete a transaction on time or in the correct
amount, when properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (1) there are insuffcient funds in your axount to
complete the transfer; (2) the funds in your account are uncollected; (3) the
funds are subject to legal process; (4) the transaction you request would exceed
the funds in your axount plus any available overdraft protection; (5) the STAR
Systems, PLUS system has insufficient cash to complete the transaction; {6)
your card has been reported lost or stolen and you are using the repotted card;
(7) PSECU has reason to believe that the transaction requested is
unauthorized; (8) the failure is due to an equipment breakdown that you know
about when you started the transaction at the STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control; (10) if you attempt to complete a transaction that,
try at a STAR Systems, PLUS System, or merchant terminal that is not a
Electronic Funds Transfer. ATM Agreement and R aulatlon "E" Disclosure
(continued)
permissible transaction listed above; or, (11) the tansaction would exceed the
security limitations on the use of your ATM CARD.
• ACH and SS7 - If PSECU fails to complete a transaction on time or in the
correct amount, when properly instructed by you, PSECU will be liable for
tlamages caused by our failure unless: (1) there are insufFlCient funds in your
account to complete the transfer; (2) the funds in your account are
uncollected; (3) the funds are subject to legal process; (4) the transaction you
request would exceetl the funds in your account plus any available overdrak
credit; (5) PSECU has reason to believe that the transaction requested is
unauthorized; (6) the failure was caused by an act of God, fire, or other
catastrophe, or by another cause beyond control. In any case, PSECU shall
be liable only for actual proven and not consequential damages if the failure
to make the transaction resulted 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 to
third parties: (1) when it is necessary to complete transactions; (2) to verify
the existence and standing of your account with PSECU upon request of third
party, such as a credit bureau; (3) to comply with government agency or court
orders; (4) in accortlance with your wrinen permission; (5) to comply with
government or administrative agency summonses, subpoenas, or court
orders; (6) on receipt of certification from a Federal Agency or tlepartment
that a request for information is in compliance with the Right to Financial
Privacy Act of 1978; Regulation P, Privacy of Consumer financial Information; ~,
and (7) when it is necessary to take legal action to recover shares. '
11. STAR SYSTEMS SERVICES -
• ATtvl Only -You may use your ATM GAAD with your Personal Identification
Number (PIN) at STAR SYSTEMS located in Delaware, Maryland, New
Jersey and Pennsylvania to conduct any of the following transactions for the
accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking your Regular
Shares, and your Personal Service Loan (PSL).
b) Withdraw cash from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
d) Deposit currency, checks, or draks (coins are not acceptable) for
transmission to PSECU for deposit in your Checking and your Regular
Shares.
NOTE: There era limited locations in Maryland where deposits may be made.
We wish to inform you that some ATMs located in these areas may only provide
access to your Checking, your Regular Shares, and your Personal Service Loan.
Not all ATMs may accept deposits. There may also be limits on the amount of
funds which you may deposit in certain ATMs.
12. PLUS SYSTEM' SERVICES -
• ATM Only - Vou 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 okered in fhe future.
13. OTHER ATM NETWORK ACCESS-
' ATM Only -From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM CARDS. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also be described.
14. PURCHASE TRANSACTIONS -
• ATM Only -You may use the ATM CARD to purchase goods and services
("Purchase") at any retail establishment ("Merchant") where ATM CARDS are
accepted 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 withtlrew funds from your Checking
in the amount of the Purchase and directing PSECU to pay these funds to
such Merchant.
15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
• ATM Only-You may withdraw up to $500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMS or PLUS SYSTEM ATM. In addition, you may
withdraw/purchase up to $500 at point of sale locations. PSECU reserves the
right to reduce this daily limit at any time. In the event that your tlaily 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 t2 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 Credk '~
Union is not obliged to maintain such limhztkxts.
You will be tlenied use of your ATM CARD if you ezceed the daily
withdrawaUpumhase limit, if you tlo not have adequate funds available in your
account, do not enter the correct Personal Identifcation Number (PIN), or
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 tlenials permiked. Attempts to
exceed the limit will result 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 (600) 237.7328 Nationwide, TDD (800) 472-
1967 Nationwide, (717) 777-2100 In Harrisburg, or write PSECU at:
Pennsylvania State Employees Credit Union, P.O. Box 67013, Harrisburg, PA
1 71 06-701 3, as soon as you can if you hunk 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 aker
it sent you the first statement on which thz problem or error appeared. You
must provide the following information: (a) Your name, account number, and
ATM CARD number (it a ATM transaction), or reference number (if Self-
Service Telephone Transaction); (b) Deschoe 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, ard; (c) The dollar amount of the
suspected error.
If you tell PSECU orally, you must send your complaint or question in wrfling
within 10 business days. PSECU will tell you the results of the investigation
within 10 business tlays for STAR SYSTEMS. PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for
STAR SYSTEMS purchase transactions. If we need more time, however, we may
take up to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for
STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will
recredit your account within 10 business days for the amount you think is in enor
if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or
DIRECT DEBIT/CREDIT transaction, or 20 business days ti k is a STAR
SYSTEMS purchase transaction. You will have the use of the money during the
time it takes to complete the investigation. k PSECU does not receive your
complaint or question in writing within 10 business days, PSECU may not
recredit your account. If PSECU decides there 's no error, you will be advised
within three business days Aker 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 'rf PSECU
concludes no error has occurred.
17. ATM SURCHARGE - If you use an ATM Nat is not operated by us, you may De
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 tee for a balance
inquiry even if you do not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to comple/e the transaction.
Notice To Consumers Using ATM's
• Be alert to your surrountlings. If you tloubt the saiery of a particular location,
choose another ATM.
• If the ATM has an entry tloor, close the door poor to Inltlating your transaction.
• Put your cash away immediately.
• Direct complaints concerning ATM security to an appropriate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking at (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINSTTHE SELLER OF
GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
Pennsylvania State Employees Credit Union pSEC~
PO Boz 67013, Harris6urq, PA 17106-7013
bl~ IMU,a~IlY,ln
PSL Minimum Payment Ranges (per thousand portion thereof)"
FIRST PAYMENT: Your first payment is due and payable within 30 days from the date of
the loan odvance.
Minimum Monthly Minimum Biweekly
Loan Balance at Time of Advance Payment Payment
19,000.01 to 20,000.00 400 200
18,000.01 to 19,000.00 380 190
17,000.01 to 18,000.00 360 180
16,000.01 to 17,000.00 340 170
15,000.01 to 16,000.00 320 160
14,000.01 to 15,000.00 300 150
13,000.01 to 14,000.00 280 140
12,000.01 ro 13,000.OG 2e0 130
11,000.01 to 12,000.00 240 120
10,000.01 to 11,000.00 220 110
9,000.01 to 10,000.00 200 100
8,000.01 to 9,000.00 180 90
7,000.01 to 8,000.00 160 80
6,000.01 fo 7,000.00 140 70
5,000.01 ro 6,000.00 120 60
4,000.01 fo 5,000.00 100 50
3,000.01 ro 4,000.00 80 40
2,000.01 to 3,000.00 60 30
1,000.01 to 2,000.00 40 20
Up to 1,000.00 20 ~ 10
"Personal Service Signature Loan Minimum Monthly Payment: 5100 for original
balances from $1,000 - 65,000, $200 for original balances from $5,000.01 -510,000
Visa Disclosures
Finance Charge: Finance Charge (interest) is calculated at the monthly periodic rate and corresponding annual
percentage rate on the average daily balances of purchases and cash advances as described below:
Visa (Purchases) Monthly Periodic Rate .00825 Annual Percentage Rate - 9.9%
Visa (Cash Advances, Checks) Monthly Periodic Rate .01075 Annual Percentage Rate -12.9%
Minimum Payment: The minimum monthly payment will be either (a) 2.0% of your total new balonce or $20.00,
whichever is greater; or (b) your total new balance if it is less than $20.00, plus (c) any portion of the minimum
payment(s) shown on prior statement(s) which remains unpaid.
Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including
court costs and reasonable attorney fees.
Late Charge: You promise to pay a late charge of $20 if your Minimum Payment is not received by the first day of
the month following yourdue date.
Cher limit Charge: You promise to pa an over limit charge of $20 if you exceed your credit limit by $100 or more.
Overdraft Option: If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing
credit limit, this addendum and the agreement it represents and the current loan policy at the time of the overdraft.
You also understand that an overdraft will be considered the same as a cash advance on your PSECU Visa credit
card and that the current annual percentage rate for cash advances will a ply. TELEPHONE INFORMATION AND
MAILING ADDRESS: For all purposes as referenced in the Visa Credit Card Agreement and Truth in Lending Disclo-
sure, call PSECU at 717.234.8484 in Harrisburg or 800.237.7328 nationwide, orwrite the Credit Union at: PSECU,
P.O. Box 67013, Harrisburg, PA 17106-7013.
Pennsylvania Stab Employees Credit Union Form A3700 10/OS
LOANLINER® Addendum
Insfrudions: This addendum is incorporated into and becomes part of your LOANLINER Credit Agreement. Please keep
attached
First Payment: Your first payment is due and payable within 30 days from the date of the loan advance.
The Annual Percentage Rates, corresponding daily periodic rates and amount of payment for each loan suboccount are
shown below. If there is no payment schedule, the amount and due date of payments will be determined at the time of each
advance and disclosed on fhe Advance Request Voucher, Advonce Proceeds Check, or any other loan voucher or recei pt. Other
charges that may be imposed are also shown below (i.e., late charges, filing fees, collection costs). All rotes are subject to
change.
Default Rate: If your loan is in default, the credit union reserves the right to charge the highest unsecured interest rate
currently ineffedalPSECU.
Loan $ubaccount
Description
Approx.
Term in
Months
Percent
Above
Index
Daily Periodic Rafe
Present Annual
percentage
Rafe Minimum Pagqmenf
(For each 5100 or
fraction of
5100 of your
unpaid amount)
Auto Loan (IJ
New Vehicle
540,000 loon or greaser 120 .00018466 6.74% SL15
520,000 wlue or greeter 84 .00016411 5.99% f 1.47
E 12,000 wlue or over 72 .00016411 5.99% 51,66 ,
58,000 value or over 60 .000150/1 5.49% 51.91
56,000 value or over 48 .00015041 5.49% 52.33
53,000 wlue or greater 36 .00015041 '5.49% 53.02
53,000 wlue or greeter 24 .00012301 4.49% 54.37
Used Vehicles Only
540,000 loon or greater 120 .00018466 6.74% f 1.15
520,000 value or greater 84 .00016411 5.99% 51.47
E 12,000 wlue or over 72 .00016411 5.99% f 1.66
58,000 value or over 60 .00015041 5.49% f 1.91
56,000 value or over 48 .00015011 5.49% 52.33
53,000 wlue or greater 36 .00015041 5.49% 53.02
53,000 wlue ar greater 24 .00012301 4.49% 54.37
Recreational Vehicle: New/Used (2
Loan amount 315,000 and up 84 .00024384 8.90% 51.60
Loan amount 58,000 - 14,999 60 .00024384 8.90% 52.07
Loon amaurR 55,000 - 7,999 48 .00024384 8.90% 52.48
loan omouM 53,000 - 4,999 36 .00020384 8.90% 53.18
IRA loan (3) 12 2.0 .00007534 2.75% 58.46
Shan Loan (3, 4)
Up to 51,000 19 2.0 .00007534 2.75% 55.38
51,00)-54,000 48 2.0 .00007534 2.75% 52.20
Over 54,000 lone roar/at,ooo vp 48 2.0 .00007534 2.75% 50.95
to a maamom of 10 yeors.)
Cerflficate Loan (3, 4, 5) seedhdasures 2.0 see disclosures see disclosures
Personal Service Loan (PSL)(6) 77 .00035342 12.9%
Panonal Service up to 65
Signature loan (PSSL) month .0002712 9.90%
_t
t-, ~i
a
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-04091 P ~ ~
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE EMPLOYEES
VS
BONN B ERIN
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BONN B ERIN but was
unable to locate Her in his bailiwick
!"'~lIT,T TIT T TTTT f TT~1TT(~L'
He therefore returns the
the within named DEFENDANT
7516 WERTZVILLE ROAD
BONN B ERIN
NOT FOUND as to
CARLISLE, PA 17013
PER CURRENT RESIDENT, DEFENDANT HAS NOT LIVED THERE
FOR 2 YEARS. BELIEVED TO BE LIVING IN HARRISBURG.
_.._>_
Sheriff ' s Costs : So answe ~.--;~,,.~~ - ;/.--~~.:--~
Docketing 18.00
Service 4.40
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
Postage .39
37.79 / VAN ECK & VAN ECK
07/31/2006
e~a ~~o ~
Sworn and Subscribed to before
me this day of ,
A.D.
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
B. ERIN BONN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~lA - ~ ~~ ~
CIVIL ACTION LAW
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint with regard to the above named defendant in the
above captioned matter.
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Respectfully submitted, ~ <-~
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VAN ECK & VAN ECK P.C. ~~=~ - ~~'
Date: ~' f ~ ~~ By:
Melissa .Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 218597.1
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. C~(. - L~bQr
CREDIT UNION, .
Plaintiff
vs.
B. ERIN BONN,
C:~;L`r~,,~
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.
Defendant
Cumberland County Bar Association ~- `"
__ ,
32 S. Bedford Street -
Carlisle, PA 17013
(800)990-9108 -~
Document #: 180057.1
U
EN LA CORTE DE ALEGATOS COM iJN DEL CONDADO DE
CUMBERLAND, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
vs.
B. ERIN BONN,
Defendant
NO.
CIVIL ACTION -LAW
AV I S O PARR DEFENDER
Conforme a PA Num. 1018.1
LISTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender
conta la demanda puestas en las siguientes paginas, usted tienen que tomaz accion dentro
veinte (20) dias despu~s que esta Demanda y Aviso es servido, con entrando por escrito
una apazencia personalmente o por un abogado y azchivando por escrito con la Corte sus
defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si
falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado
contra usted por la Corte sin mks aviso por cualquier dinero reclamado en la Demanda o
por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero
o propiedad o otros derechos importante paza usted.
LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI
LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA
OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON
1NFORMACIbN DE CbMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGARLE A UN ABOGADO
PUEDE PROVEERE INFORMACION ACERCA AGENCIAS
OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ
REDUCIDO O GRATIS.
Cumberland County Bar Association
32 S. Bedford Street
Cazlisle, PA 17013
(800)990-9108
ESTA OFICINA
QUE PUEDAN
UN HONORARIO
Document #: 180057.1
•
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
vs.
B. ERIN BONN,
Defendant
NO.
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and
through its attorneys, Melissa L. 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, B. Erin Bonn, is an adult individual with a last known address of 7516
Wertzville Road, Cazlisle, PA 17013.
3. Defendant is, and at all relevant times material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor
vehicle.
5. ~ The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true
Document #: 180057.1
•
and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated
herein and mazked as Exhibit "A".
6. Pursuant to the Loanliner Advance Proceeds Check mazked 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 mazked as Exhibit "B".
7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract mazked as Exhibit "B".
8. Various charges and payments were made by Defendant on the account
9. Plaintiff provided a letter to Defendant stating that the vehicle purchased by
Defendant was deemed repossessed. The letter further advises Defendant that unless payment in
full was made on the outstanding loan balance, the said vehicle would be sold at a public sale
and Defendant will be responsible for any resulting deficiency.
10. As a result of Defendant's failure to cure the default in payment, and pursuant to
state law remedies, Plaintiff sold the vehicle at public sale.
11. Plaintiff provided a letter to Defendant indicating that there was a resulting
deficiency after the sale of the vehicle.
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.
Document #: 180057.1
•
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 continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
16. As of July 17, 2006, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Seven Thousand One Hundred Sixty Dollars and 09/100
($7,160.09).
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 "B", Defendant agreed to pay reasonable attorney's fees and all court and collection
costs.
19. Plaintiff has retained the services of Melissa L. Van Eck, Esquire of Van Eck &
Van Eck, in the collection of the amounts due and owing by Defendant.
20. As of the filing of this Complaint, Plaintiff has incurred 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
Four Hundred Fifty-seven Dollazs and 02/100 ($1,457.02).
22. Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
Document #: 180057.1
r • •
23. The ~ amount in controversy is within the jurisdictional amount requiring
compulsory azbitration.
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, B.
Erin Bonn, in the amount of Seven Thousand One Hundred Sixty Dollazs and 09/100
($7,160.09), plus interest, reasonable attorney's fees in the amount of One Thousand Four
Hundred Fifty-seven Dollazs and 02/100 ($1,457.02), the costs of this action, and such other
relief as the Court deems just and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
;~
By: ,
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 180057.1
. • •
VERIFICATION
I, Bonnie L. Berl:oski, hereby certif;~ that the follo~~~inR is correct:
The facts set forth in the foregoing Complaint are based upon infornation which I have
furnished to counsel as ~~ell as upon information «~hich has been gathered by counsel ancL`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 1 h~1.ve
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 tlus 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. 5=190'1 relating to unsworn falsification to
authorities.
_, i
~.
Bonnie L. Berkoski
Date: ~ ~ ~ ~~'
y -
ADVANCE PROCEEDS VOUCHER
_...__.
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~. Pennsylvania State
f1.11 Employees Credt Union
P.O. Bar 67013
Harrisburg, PA 17108.7013
(800) 237-7328 (NaBomaida)
(717) 234.6484 (kr Harrisburg)
3
.. ~. ;~Et1t113Ef€`NAME:;:;::;;;.::;::;:::;;::;:~:::~:;;~:.:;.::::.:;.:::,::;.,: ..,DAB":':::':::..,
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B ERIN BO 2/12/2001 O1 1 85 / 3 0 17571
P RPOSE:
2249IONOFF D~-~ PURCHASE
HARRISBURG PA 17110
TRANSACTION ^ ~OAN ADDVANCE 3. ^ DESCRIBE) 4. ^ EQUITY ADVANCE
1 ~ NEW LOAN 2
TYPE .
;.. .:: DCSBURSEMENT BREAKbOVI(N~ ~I?~~HfPAXi{VIEIIIT..SCHED.U f~
'',YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS CREDIT DISABILIT' SINGLE CREDIT LIFE JOBJT CREDIT LIFE
'.INSURED WITH THE FOLLOWING COVERAGE
YES ~
NO ~
YES ~ NO ~
YES NO
DAILY PERIODIC RATE - INTEREST RATE IS: AMOUNT REnUESTED A 0 A C PRE VIOUS BALANCE NEW BALANCE
(CHANGE IN TERMS ONLY) CENTAC~E RATE AXED VARIABLE „(, + OTHER CHARGES = +
.023260 08.490 [~ ^ 15,119.96 15;119.96 $0.00 15,119.96
PAYMENT DATE DUE PAYMENT R O.UENCY P OJE TED LOAN TERM
6268.80 03/14/01 MONTHLY
... ....
:.. .,:... .... > :: , .. •.•..:...._°:•Sir URtTY QFFERED.......... ....
IF THIS IS A HOME EGWTY ADVANCE, THE ONLY SECURITY FOR THl3 ADVANCE I3 THE REAL PROPERTY UN MOST CASES YOUR HOM_) WHICH YOU GAVE AS SECURITY WHEN YOUR
ACCOUNT WAS ESTABLISHED.
IF Tiil3 IS NOT A HOME EOUrTY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANUNiA CREDiT AGREEM3JT, THE FOLLOWING PROPERTY SECURES Tr115 ADVANCE.
';1TflN ..:..::.....:i:::::::.::;.:`:~;.~?RL2PER7Y...:.,' i::.;_.°' .M.ODEL,.............. YEAR.:.,. : ~'` . 'GD...NUMBER ..i..:i:.:: ~.EE::~' `.. •.TYfEt< .; ^:::,` %/f('CUE?"~;:4:':i;•'.
i.
TOYOTA
s COROLLA 2001 2T1BR12E31C461584 SDN 16,989.00
,
a. oTHER
YOU PLEDGE SHARES AND/OA DEPOSITS OF 6 ~ IN ACCOUNT NUMBER
referenced above will secure the advance and any other advances you have now or receive in the future under the LOANLINER Credit and Security
Agreement (the Pian) and any other amounts you owe us for any reason now or in the future in accordance with the terms of the Pian and (2) to
make payments as disclosed above in accordance witfi the terms of the Plan.
® CUNA MUTUAL GROUP, 1980, 82, 64, B6, 89, ALL RIGHTS RESERVED CPAV32 ILASEA) 27860
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SCANNED
~~ - Pennsylvania State Employees~Credit•~Uniort.~' No.~1757160
PD Bos a7an • Hars:auq, PA r71ad.7a:) • (!f i)z..-a+e. wraa~a)z77-z~ie
AU700RAFi ^ VOID OVER S 15,200.00 AEFEAENCE O1G1682853 VOID 120 DAYS AT2R 02/07/01
PAY TO THE ,\; ~~ '•; .,• _
ORDER OF IDEALEA) ~ ~~•~'`~: ~ S ~~J •11 '•! ~ n '~•: - ~~: ~•;;:
I 6~ ;DOLLARS ~:
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•MEMBER ENDORSEMENT ~ -
8y endorsing this dntt, UWs agree io the Terms fisted on the reverre irde
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Co-applicant Endorsement
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NdPDATANT: YDID UNLESS DEALER ENDORSEME/dr COMPLETED .
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AutoDralt maybe paid to the Borrowar(c1 or to any agent of the
Borrower s'.
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Loan Disclosures
This LOANLINER' Credit and Security Agreement, which includes the Truth in
Lending Disclosures, wilt be referred io 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 io whom the Credit
Union transfers its rights under the Plan.
HOW THIS PLAN WORKS -This is an open-end, multi-featured credit plan. We
anticipate that, from time to time, you will borrow money (called "advances") under
the Plan. We are not required to make advances to you under the Pian and can
refuse a request for an advance at any time. The Addendum describes the
different types of credit (called "subaccounts") available under the Plan, the current
interest rate for each subaccount expressed as a daily periodic rate and
corresponding annual percentage rate and other charges. It may also have other
terms and a schedule for determining the payment amounts.
CREDIT LIMB - We may, but do not have to, establish a credit limit on certain
subaccounts, if a credit limit is set for a subaccount, you promise not to exceed the
established credit limit. If you exceed the credit limit, you promise to repay
immediately the amount which exceeds the credit limit.
REPAYMENT -You promise to repay all amounts you owe under the Plan plus
interest. Payments are due on the last day of the month unless we set a different day
at 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 amounf 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 yeu
prepay, you will still be required to make the regularly scheduled payments unless
we agree in writing to a change in the payment schedule. If you have a joint
sharedraft account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedraft account. Unless otherwise required by
law, payments will be applied to amounts owed under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can obtain credft 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 lost or stolen,
immediatey 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 unauthorized
advances directly from the Plan, your liability will not exceed $50. if the unauthorized
withdrawal is from a sharedraft account, your liability is governed by the Regulation E
disclosures you received at the time you received your ATM/Debit card, even if the
withdrawal results in an advance being made from your overdraft subaccount.
FINANCE CHARGE -The dollar amount you pay for money borrowed is tailed a
"finance charge" and begins on the date of each advance. A finance charge will lie
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 addftion to interest, we may charge other finance charges which
are disclosed on the Addendum. If the interest rate is a variable interest rate, the
Addendum explains how the variable interest rate works.
SECURITY -You pledge as security for the Plan all shares and dividends and, if
any, a!I 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 Tien to the extent permitted by state law.
(We are state chartered if our name does not include the term "Federal Credit
Union ") For all borrowers: The statutory lien and/or your pledge wilt 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. tf a
subaccount identifies a type of property (such as "New Cars") you must give that
type of property as security when you get an,advance under that subaccount. A
subaccount name such as "Other Secured" means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security wilt secure ail 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 also secure the Pian.
CREDIT INSURANCE -Credit life and/or credit disability insurance is optional
under the Plan. If you quality for and purchase the insurance from us, you authorize
us to add the insurance premiums monthly to your loan balance and charge you
® CUNA MUTUAL GNOUP, 1960, B2, &t, 86, 89, 98, 99, 2000, Ot, 02.03, 04, OS, ALl F(6H7S flESERVEO ' . .
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended.
The credit insurance rates may change during the Plan. If the rates change, we will
provide any notices required by applicable law.
PERIODIC STATEMENT - On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by fhe 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 o1 you will be notice to all.
JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly
responsible for paying all amounts owed. That means we can enforce our rights
under the Pian against any one of you individually or against all of you together. If you
give us inconsistent instructions, we can refuse to follow your instructions. Unless our
written policy requires ail of you to sign for an advance, each of you authorizes the
other(s) to obtain advances individually and agrees to repay advances made to the
other(s). Any joint accountholder may terminate the Plan by giving us prior written
notice. If any of you terminate the Pfan, the Plan is terminated for all of you. You
remain liable individually and jointly for all advances incurred before termination.
FEES AND CHARGES - If you give us a security interest in certain types of
property, we may charge you a filing fee to perfect our interest in the property. If we
do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other fees in connection with the Plan. Our current fees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
UPDATING CREDIT INFORMATION -You promise that you will promptly give us
written notice if you move, change your name or employment, or if any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial information.
DEFAULT -The 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 ff we believe the
prospect of payment, performance, or realization on any property given as security
is significantly impaired.
The following paragraph applies only to borrowers in Wisconsin: You will be in
default if you fail to make a payment when due two times during any 12 month
period. You will be in default if breaking any promise made under the Plan materially
impairs your ability to repay what you owe or materially impairs the condition, value,
or protection of or our right in any property you gave as security.
The following paragraph applies only to borrowers in Iowa: You will be in
default if you are more than 10 days late in making a payment. You will also be in
default if you do not comply with the terms of the Plan and your failure to comply
materially impairs any property you gave as security or your ability to repay what you
owe under the Plan.
The following paragraph applies to borrowers In a!1 other states: You will be in
default if you do not make a payment of the amount required when it is due. You wiH
be in default if you break any promise you made under the Plan or if anyone is in
default under any security agreement made in connection with an advance under
the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you
make any false or misleading statements in any credit application or update of credit
information, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will be in defauk if any property you have given
us as security is repossessed by someone else, seized under a forfeiture or similar
law, or if anything else happens that significantly affects the value of the property or
our security interest in it. You will also be in default under the Plan if you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT -The following paragraph applies to borrowers In
Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, M/ss0urt,
Nebraska, South Ca~ollna and West Virginia: When you are in default and after
expiration of any right you have under applicable state law to cure your defauk, we can
demand immediate payment of the entire unpaid balance under the Plan without
giving you advance notice.
The following paragraph applies to borrowers fn all other states except Wisconsin
and Louisiana: When you are in defauR, we can require immediate payment
(acceleration) of the entire unpaid balance under the PIan.You waive any right you have
to demand for payment, notice of intent to accelerate and notice of acceleraton.
The following paragraphs apply to borrowers in all states except Wisconsin and
Louisiana: If immediate payment is demanded, you will continue to pay interest until
what you owe has been repaid at the applicable interest rates in effect or,rf applicable,
at the default rate disclosed on the Addendum, If a demand for immediate payment
has been made, your shares and/or deposits can be applied towards what you owe
as provided in the section above called "Security' We can also exercise any other
rights given Dy law when you are in default.
You agree the Credit Union has the right to take possession of any property given
as security under the Plan, without judicial process, if this can be done without
breach of the peace. If we ask, you promise to deliver the property at a time and
place we choose. If the property is a motor vehicle or boat, you agree that we may
CPSMO7 PSECU FORM #3146
1 +l n U JBXX0601-2037-2099.1 f9/O51
P.O. Box 67013 • Harrisburg, PA 17106-7013 • (717) 234-8484 Harrisburg, (800) 237.7328 Nationwide
r~
U
LOANLfNER.' Credit and Security Credit Agreement (continued)
obtain a key or other device necessary to unlock and operate it, when you are in
default. We will not be responsible for any other property, not covered by this
Agreement, that you leave inside the property or that is attached to the property. We
will try to return that property to you or make it available for you to claim.
After we have possession of the property, we can self it and apply the money to any
amounts you owe us. We will give you notice of any public disposition or the date after
which a private disposition will be held. Our expenses for taking possession of and
selling the property will be deducted from the money received from the sale. Those
costs may include the cost of storing the property, preparing it for sale and attorney's
fees to the extent permitted under state taw or awarded under the Bankruptcy Code.
You must pay any amount that remains unpaid after the sale money has been applied
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, if applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The 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 property given as security. You may voluntarily give the
i property to us 'rf you choose, or we may seek to take possession of the property by
judicial process. If we repossess the property, you agree to pay reasonable expenses
incurred in disposing of the property. If the property is a motor vehicle, mobile home,
trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted
by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains
unpaid after the sale money has been applied to what you owe under the Plan. You
agree to pay interest on any unpaid amount at the same rate as the advance, or, if
applicable, at the default rate disclosed on the Addendum, until that amount is paid.
If the property is located outside Wisconsin at the time of default, we may take
possession of the property without judicial process, if permitted by the state where
the property is located.
The lollowing 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 towards what you owe. We
can also exercise any other rights given by law when you are in default and our
rights under any security agreements you have with us.
CANCELLING OR CHANGING THE PLAN -The following paragraph applies
onty to borrowers /n 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 lollowing paragraph applies onty to borrowers in Wiscons/n: 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 Pfan. 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 lollowing paragraph applies only to borrowers In lows: We can change the
terms of the Plan from time to time after giving you any advance notice required by
law. A change that increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otherwise adversely affects existing
balances will apply to existing balances only if you agree to the change or you use
the Pian after receiving notice that your use of the Plan means you agree the
change'applies to existing balances.
The following paragraph applies to borrowers !n all other states: We have the
right to change the terms of the Pian from time to time after giving you any advance
notice required by law. Any change in the interest rate will apply to future advances,
and at our discretion and subject to any requirements of applicable law, will also
apply to unpaid balances.
The lollowing paragraph applies to al! but Wisconsin borrowers: An increase in
the daily periodic rate under a variable interest rate is not considered a change in
terms under the Plan. We can cancel the entire Plan or any part of the Plan at any
time. You may cancel the Plan at any time by giving us prior written notice. Your
obligation to pay the unpaid balances under the terms of the Pfan continues whether
you or the Credit Union cancel the Plan.
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay
enforcing any of our rights under this Plan any number of times without losing the
ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of the Plan, you agree that this Plan
gill continue to protect us.
CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court
!o be unenforceable, the rest will remain in effect.
NOTICE TO UTAH BORROWERS -This written agreement is a final expression of
:he agreement between you and the Credit Union'. This written agreement may not
~e contradicted by evidence of any oral agreement.
The tollowiny is required try Vermont law - NOTICE TO CO-SIGNER -YOUR
5lGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE
FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,
THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
The tollowin
g paragraphs apply if you give security in connection with an
advance under the Plan. They apply to borrowers in all states except Louisiana.
Louisiana borrowers will execute a separate security agreement. Borrowers in
other states may also be asked to execute a separate security agreement.
THE SECURITY FOR THE PLAN -You give us what is known as a security
interest in ail property described in any receipt, voucher or other document you
receive for an advance ("the Advance"). The security interest you give includes all
accessions. Accessions are things which are attached to or installed in the property
now or in the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from selling
the property or from insurance you have on the property. If the value of the property
declines, you promise to give us more property as security if asked to do so.
WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS
-The security interest secures the Advance described in the receipt, voucher o r 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 Ptan and any other amounts or loans,
Including any credit card loan, you owe us for any reason now or in the future,
except any loan secured by your principal residence. If the property is household
goods as defined by the Federal Trade Commission Credit Practices Rule, the
property wilt secure only the Advance and not other amounts you owe.
OWNERSHIP OF THE PROPERTY -You promise that you own all property you
I give as security or ff the Advance is to buy the property, you promise you will use
i the Advance for that purpose. You promise that no one else has any interest in or
claim against the property that you have not already told us about. You promise not
to sell or lease the property or to use it as security for a loan with another creditor
until the Advance is repaid. You promise you will allow no other security interest or
lien to attach to the property either by your actions or by operation of taw.
PROPERTY INSURANCE, TAXES AND FEES -You must maintain property
insurance on all property that you give as security under the PIan.You may purchase
the property insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property insurance must be acceptable to
us. You may provide the property insurance through a policy you already have, or
through a policy you get and pay for. You promise to make the insurance policy
payable to us and to deliver the policy or proof of coverage to us if asked to do so.
If you cancel your insurance and get a refund, we have a right to the refund. If the
property is lost or damaged, we can use the insurance settlement to repair the
property or apply it towards what you owe. You authorize us to endorse any draft or
check which may be payable to you in order for us to collect any refund or benefits
due under your insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
If you do not pay the faxes or fees on the property when due or keep lt insured, we may
pay these obligations, but we are not required to do so. Any money we spend for taxes,
fees or insuranxe will be added to the unpaid balance of the advance and you will pay
interest on those amounts at the same rate you agreed to pay on the advance. We may
receive payments in connection with the insurance from a company which provides the
insurance. We may monitor our loans for the purpose of determining whether you and
other borrowers have cemplied wfth the insurance requirements of our ban agreements
or may engage others to do so. The insurance charge added to an advance may include
(1) the insurance company's payments to us and (2) the cost of determining compliance
with the insurance requirements. If we add amounts for taxes, fees or insurance to the
unpaid balance of an advance, we may increase your payments to pay the amount
added within the term of the insurance or approximate term of the advance.
INSURANCE NOTICE - If you do not purchase the required properly insurance,
the insurance we may purchase and charge you for wifl cover only our interest in the
property. The premium for this insurance may be higher because the insurance
company may have given us the right to purchase insurance after uninsured
collateral is lost or damaged. The insurance will not be liability insurance and
wilt not. satisfy any state financial responsibility or no fault laws.
PROTECTING THE SECURITY INTEREST - If your state issues a title for the
property, you promise to have our security interest shown on the title. We may have
to file what is called a financing statement to protect our security interest from the
claims of others. if asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property. You promise to pay all costs, including but not limited to any
attorney tees, we incur in protecting our security interest and rights in the property,
to the extent permitted by applicable law.
USE OF PROPERTY -Until the Advance has been paid off, you promise you will:
(i) 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. (4j
Allow us to inspect the property. (5) Promptly notify us if the property is damaged,
stolen or abused. (6) Not use the properly for any unlawful purpose. (7) Noi to retitle
property in another state without telling us.
NOTICE TO NORTH DAKOTA 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.
NOTICE FOR ARI20NA OWNERS OF PROPERTY - It is unlawful for you to fail
to return a motor vehicle that is subject to a security interest, within thirty days after
you have received notice of default. The notice wiA 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 and 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 transactions.
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 ai the address
fisted on your statement. You are required to notify us rn writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized 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 letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe the statement was correct.
in this Agreement, the words you and your means each and all of those who apply
for the card or who signs this Agreement. Card means the Visa Credit Card and any
duplicates and renewals we issue. Account means your Visa Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY - If we issue you a card, you agree to repay all debts and the
Finance Charge arising from the use of the card and the card account. For example,
you are responsible for charges made by yourself, your spouse and minor children.
You are also responsible for charges made by anyone else to whom you give the
card, and this responsibility continues until the card is recovered. You cannot disclaim
responsfbility by notifying us, but we will close the account for new transactions if you
so request and return. all cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or other court judgment to which we are
not a party may direct you or one of the other persons responsible to pay the account.
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (7t 7j 234-8484 or (1300) 237-7328. After
hours call (800) 556-5678.
3. LIABILITY FOR UNAUTHORIZED USE -You agree to notify us immediately,
orally or in writing of the 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, unless you are grossly negligent in the handling of your Card. In
any case, your liability wiA not exceed $50.
4. CREDIT LINE - If we approve your application, we will establish aself-
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 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 request and upon termination of this Agreement.
5. CREDIT INFORMATION -You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current transactions on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, the Finance Charge'due to date,
and any other billed fees, and the Minimum Payment required. Every month you must pay
at feast the Minimum Payment within 25 days of your statement closing date. By separate
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, of coy~e, 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 automatically post the credit to your St 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
After we receive your letter, we cannot try to collect 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 wilt send you a statement
of the amount you owe and the date that 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 fen 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.
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 marling 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.
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 current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
7. FINANCE CHARGES -You can avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying the average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Daity Balance for Purchases -The Average Daily Balance for Purchase
Transactions is calculated by adding the Daily Balances {Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of alt debits and subtract fhe amounts of alt 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 Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daffy Balance for purchases.
Average Daily Balance for Cash Advances -Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subjectto the
Cash Advance Monthly Periodic Rate.The Average Daily Balance for Cash Transactions
is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily
Balance for cash each day, we take the following steps: We take the outstanding balance
{al! 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 ail credits or payments which post to your account that day. After applying payments
and credits, we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
account on that day or in any previous day in the billing cycle. This gives us the Daily
Balance for Cash Advance Transactions. Note: Cash Advances are always subject to
finance charges and from the day they are posted to your account.
Payments are applied in the following manner: first to previous late fees, then to
previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the particular type of debt which is being credited, if any, and then
to the balance of your account.
Vlsa• Cred;t Card Agreement and Truth In Lending Disclosure (continued)
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 he 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, or if the value of our security interest materially
declines. We have the right to demand immediate payment of your full account
balance if you default, subject to our giving you any notice required by law. To the
extent permitted by law, you will also be required to pay our collection expenses,
including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures 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. The monthly
statement will identify the merchant, electronic terminal or financial institution at
which transactions were made, but sale, cash advance, credit or other slips cannot
be returned with the statement. You will retain a copy of such slips furnished at the
time of the transaction in order to verify the monthly statement. The Credit Union may
make a reasonable charge for photocopies of slips you may request.
10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit
Card, that election is subject to the existing credit limit and the agreement it represents
and the current loan policy at the time of the overdraft. You also understand that an
overdraft will be considered the same as a cash advance on your PSECU Visa Credit
Card and that the current Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a credit
slip which we will post to your Visa line of credit. If your credit and payments exceed
what you owe us, we will automatically post the excess credit balance to your S1
Shares within 75 days. If the balance is one dollar or more, upon your written request,
we will refund the credit balance to you.
12. FOREIGN TRANSACTIONS -The exchange rate beriveen the transaction
currency and the billing currency used for processing international transactions is a rate
selected by Visa from the range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa itself
receives, or a government-mandated rate in effect for the applicable central processing
date. In each instance, an adjustment may be assessed rased on the 1SA fee imposed
by Visa. This fee, which totals 1 % of the transaction amount, will be assessed on all
transactions where the merchant country differs from the country of the card issuer.
13. DISPUTED TRANSACTIONS - If you disagree or find an error with a Visa
ATM CARD CARDHOLDER AGREEMENT -The Undersigned (you or your), in
consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we,
our and us) issuing to you an ATM CARD, hereby agree to be legally bound by the
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 acredit-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 farm 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(9 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 SYSTEMC~ 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, ff permitted by the Merchant, you shall be requesting us to withdraw funds in the
amount of such Purchase (including any cash received from the Merchant) from your
Checking Shares and directing or ordering us to{>ay 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
•
transaction, and have tried in good faith to correct the problem with the merchant or
the charges are the result of unauthorized or fraudulent use, or your purchase cost
more than $50 and was made from a plan merchant in your state within 100 miles
of your home, contact PSECU. You are required to notify PSECU in writing within 60
days following the date on which we sent your statement wherein the error or
problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form outlining the
details of your dispute. in cases of fraudulent card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
If we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question. PSECU must adhere to
strict dispute timeframes set forth by Visa.
14. SECURITY INTEREST -To secure your account, you grant us a purchase money
security interest under the Unrform Commercial Code in any goods you purchase
through the account. if you defauR, we will have the right to recover any of these goods
which we have not been paid for through our application of your payments 1n the manner
described in the Monthly Payment section. With respect to this account only, we will not
assert any statutory right we may have 'rf you are in default to prevent wfthdrawal of your
unpledged credit union shares (Deposits) below the unpaid balance of your account.
However, 'rf you give or have given us 8 specific pledge of your credit union shares
(Deposits) by signing the Pledge of Shares or otherwise, or any other security interests
for all your debts, your account will be secured by your pledged shares (Deposits) and
by the property described in those other security agreements, except for your home.
15. EFFECT OF AGREEMENT -This Agreement is the contract which applies to
alt transactions on your account even though the sales, cash advance, credit or
other slips you sign or receive may contain different terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
law. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as to future transactions.
16. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the
first day of the month following your due date, you will be subject to a $20 charge.
17. RUSH FEES -You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
18. OVER UMtT FEE - A $20 tee will be applied for each monthly statement dosing date
on which the outstanding balance exceeds the assigned credit limit by more than $100.
19. DRAFT COPIES -You may incur an additional charge for transaction
summary/safe draft documentation.
20. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement. ~
21. ILLEGAL TRANSACTIONS PROHIBITED -You agree that you will not use
your card for any transaction that is illegal under applicable federal, state, or Iocai law.
22. 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.
23. NEURAL NETWORK -PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity.
fn this Agreement shalt be subject to the rules and regulations of each account
which is accessed by such Cana.
2. USE OF PERSONAL IDENTIFICATION NUMBER ("PIN")WITH ATM CARD
You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated
teller. It can and will perform many of the same tasks as a human teller. You
acknowledge that the Personal Identification Number or PIN which you use with the
ATM CARD is your signature, identifies the bearer of the Card to the STAR
SYSTEMS ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and
validates the directions given just as your actual signature and other proof identify
you and authenticate and validate your directions to a human teller. You also
understand that a Merchant which accepts the ATM CARD for a Purchase
transaction may have an electronic terminal (Merchant operated or Self-Service)
which requires the use of your PIN and when your PIN is used at a Merchant's
terminal, ft will authenticate and validate the directions given just as your actual
signature will authenticate and validate your directions given to us. You acknowledge
that your PIN is an identification code that is personal and confidential and that the
use of the PIN with the ATM CARD is a security devise for your account(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO
ONE ELSE LEARNS YOUR PIN.
3. LIABILITY FOR UNAUTHORIZEDTAANSACTIONS -You agree to contact us
at once if you believe the ATM CARD(s) issued to you or PIN has been lost or stolen
or money is missing from your account(sj. You also agree that if your monthly
statement shows transactions which you did not make, and you do not contact us
within 60 days after the statement was mailed to you, you may not get any money
lost after that time. YOU AGREE THAT IF YOU GIVE YOUR ATM CARD(s) and PIN
TO SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(s) BY
THEM. You could lose all your money in the account(s) if you take no action to notify
PSECU of the loss of your ATM CARD or PIN. Safeguard your Personal
Identification Number (PtN). Do not felt or disclose your PIN to any other person. Do
not write your PIN on your ATM CARD. Do not keep a written record of your PIN near
your ATM CARD. Do not choose a PIN that is easily identifiable.
•
Electronic Funds Transfer. ATM Agreement and Reaulatlon "E" Disclosure
{continued)
A new card may be ordered for you at that time and a "hold" will be placed on your
old card. After such time, if you find your old card, destroy the old card by cutting it
in half. If you attempt to use your old card, it will not work.
4. CHARGES -You agree to pay a 50 cent charge for each deposit or withdrawal
exceeding 15 a month. You agree to pay the 50 cent penalty charge on any cash
disbursement transaction (loan advance or share wthdrawal) that is less than $20.
You agree to pay a 25 cent charge on each balance inquiry. You may incur a charge
for any adjustment that needs to be made to your account resulting from an error
you made while making a deposit at an Automated Teller machine (ATM). You agree
to pay the charges or transaction fees which are charged by us for these services
or for services which may later be offered as such fees or charges may be imposed
or changed from time to time.
i 5. DEPOSITS -You agree that when you make a deposit at a STAR SYSTEMS
ATM that we have the right to verify the deposit before we make the money available
to you. If you deliver cash, checks or other items to a STAR SYSTEMS ATM, you
understand and acknowledge that the funds from your deposit may not be available
for immediate withdrawal and that the availability of your deposit shalt depend on our
rules and regulations regarding the particular account in which you are making a
deposit, the items that you are depositing and whether the deposit is made at a
STAR SYSTEMS ATM that is owned by us or another financial institution. You also
understand and acknowledge that not all STAR SYSTEMS ATMS may accept
deposits and same STAR SYSTEMS ATMS may limit the amount of funds which
may be deposited and that we may not control these limits.
6. LIABILITY - If the ATM CARD is issued for a joint account, you agree to be
jointly and severally liable under the terms of this Agreement and the agreement for
such account. You agree that if you make deposits or payments to your account(s)
with items other than cash (checks, drafts or other items) and we make funds
available to you from such deposits prior to their collection, you agree that we may
deduct the amounts of such funds from your account(s) which are not collected or,
if the funds in your account(s) are insufficient a! such time, you will promptly pay to i
us any amount of such funds which are not collected.
7. AMENDMENT OF THIS AGREEMENT -You agree that from time to time we
may amend or change the terms of this agreement including amendments or
changes to add further ATM CARD services or to amend or change the charges for
these services. We may do so by notifying you in writing of such amendments or
changes and your use of the ATM CARD after the effective date of any such
amendment or change shall constitute your acceptance of and agreement to such
amendment or change.
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/ELECTAONIC RETURNED CHECK
FEES - If you pay for something with a check or share draft, you may authorize tt
to be converted to an electronic fund transfer. You may also authorize merchants to
electronically debit your account for returned check fees. You are considered to have
authorized these electronic funds transfers if you complete the transaction after
being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
2. SUMMARY OF CONSUMER LIABILITY -
• ATM, ACH and SST - TeII 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 alt 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, tell us at once. If
you do not tell us within 60 days after the statement was mailed to you, you may
not get back any money you lost after the 60 days if we can prove that we could
have stopped someone from taking the money if you had told us in time.
If a good reason such as a long trip or a hospital stay kept you from telling us, we
will extend the time periods.
3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED
TRANSFERS - -
• ATM -Contact PSECU at (800) 237-7328 EXT 3808 (nationwide) or (7f 7)
234-8484 (in Harrisburg). After hours, follbW 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 Losf Card Notification under the Visa Credit
Card Agreement and Truth-in-Lending Disclosures section of this document.
• ACM and SST -Contact PSECU at (800) 237-7328 (nationwide) or (717j
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:
8:00a.m.-5:00p.m.M-F
TDD (800} 472-1967 Nationwide
(717) 777-2100 in Harrisburg
i 4. FWANCIAL INSTITUTION'S BUSINESS DAYS -
i 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 establishment.
• ACH - Preauthorized debits and credits to checking and savings.
• SST -Balance inquiries and transaction histories on all share, certificate and
loan accounts; transfers from any share to another share or loan account from
your PSL to any share or loan account; withdrawals from any share except
IRA shares or certificates.
6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE
RIGHT TO MAKE TRANSFERS -
• ATM -Fifty cents for each disbursement (cash advance or withdrawal) less
than $20; fifty cents for each transaction over 15 per month; 25 cent for each
balance inquiry; and there may be an addftional charge for any adjustment
that needs to be made to the account of any member who makes an error
while depositing at an Automated Teller machine (ATM).
• ACH - $30 service charge for insufficient funds for each electronic transfer.
• SST -none
7. SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF
EFf'S -
• ATM -You are entitled to receive a printed receipt at the time of each
transaction. You will receive a monthly statement showing the status of your
account, any transactions made during the month, and any penalties or
charges PSECU may impose during the month.
• ACH and SST -You will receive a monthly statement showing the status of
your account, any transactions made during the month, and any penalties or
charges PSECU may impose during the month:
• If you have arranged to have a direct deposit made to your account at least
once every 60 days from the same person ar company, you can calf us at
(800} 237-7328 to find out whether or not the deposit has been made.
8. STOP PAYMENT RIGHTS -PRE-AUTHORIZED TRANSFERS -
• ATM and SST -Not applicable.
• ACH -Right to Stop Payment and Procedures for doing so. If you have told
us in advance to make regular payments out of your account, you can stop
any of these payments. Here's how: Call us at (800) 237-7328 (Nationwide)
or (717) 234-8484 (Harrisburg) or write us at: Pennsylvania State Employees
Credit Union, P.O. Box 67013, Harrisburg, PA 17106-7013, in time for us to
receive your request three business days or more before the payment is
scheduled to be made. If you call, we may also require you to put your request
in writing and get it to us within 14 days after you call.
• Notice of Varying Amounts. If these regular payments may vary in amount,
the person you are going to pay will tell you, 10 days before each payment,
when it will be made and how much it will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would fall outside certain
limits that you set.
• L1abI0ty for Failure to Stop Payment of Preaufhorized Transfers. If you
order us to stop one of these payments three business days or more before
the transfer is scheduled, and we do not do so, we will be liable for your tosses
ar damages, unless we request and do not receive written confirmation~of an
oral stop payment within 14 days and the transfer takes place after 14 days,
or you fail to give us proper instructions that would enable us to place the stop
on the transfer.
9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR
STOP CERTAIN TRANSFERS -
• ATM - If PSEGU fails to complete a transaction on time or in the correct
amount, when properly instructed by you, PSECU will be liable for damages
caused by our failure unless: (i) there are insufficient funds in your account to
complete the transfer; (2) the funds in your account are uncollected; (3) the
funds are subject to legal process; (4) the transaction you request would exceed
the funds in your account plus any available overdraft protection; (5) the STAR
Systems, PLUS system has insufficient cash fo complete the transaction; (6}
your card has been reported lost or stolen and you are using the reported card;
(7) PSECU has reason to believe that the transaction requested is
unauthorized; (8) the failure is due to an equipment breakdown that you know
about when you started the transaction at the STAR Systems, PLUS System;
(9) the failure was caused by an act of God, fire, or other catastrophe, or by any
other cause beyond control; (10) it you attempt to complete a transaction that,
at a STAR Systems, PLUS System, or merchant terminal that is not a
~lgcironic Funds Transfers ATM Agreement and Regulation "F" Disclosure
(continued)
permissible transaction listed above; or, (11) the transaction would exceed the
security limitations on the use of your ATM CARD.
• ACH and SST - If PSECU fails to complete a transaction on time or in the
correct amount, when properly instructed by you, PSECU will be liable for
damages caused by our failure unless: (1) there are insufficient funds in your
account to complete the transfer; (2) the funds in your account are
uncollected; (3) the funds are subject to legal process; (4) the transaction you
request would exceed the funds in your account plus any available overdraft
credit; (5) PSECU has reason to believe that the transaction requested is
unauthorized; (6) the failure was caused by an act of God, fire, or other
catastrophe, or by another cause beyond control. In any case, PSECU shall
be liable only for actual proven and not consequential damages if the failure
to make the transaction resulted 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 to
third parties: (i) when it is necessary to complete transactions; (2j to verify
the existence and standing of your account with PSECU upon request of third
party, such as a credit bureau; (3j to comply with government agency or court
orders; (4) in accordance with your written permission; (5) to comply with
government or administrative agency summonses, subpoenas, or court
orders; (6) on receipt of certification from a Federal Agency or department
that a request for information is in compliance wfth the Right to Financial
Privacy Act of 1978; Regulation P, Privacy of Consumer Financial Information;
and (7) when it is necessary to take legal action to recover shares.
11. STAR SYSTEMS SERVICES -
• ATkI Only -You may use year 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 fior the
accounts accessed by your ATM CARD.
a) Determine the account balance(s) of your Checking your Regular
Shares, and your Persona! 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.
12. PLUS SYSTEM' SERVICES -
• ATM Ortly -You may use your ATM CARD with your Personal Identification
Number (PtN) 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.
cj . Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the STAR SYSTEMS services currently available through the PLUS
SYSTEM network. Other services may be offered in the future.
13. OTHER ATM NETWORK ACCESS -
• ATM Only -From time to time, PSECU may make arrangements with other
ATM networks to grant access to ATM CAADs. PSECU shall inform you when
such arrangements are made and describe the services that are available to
you. Any charges will also be described.
14. PURCHASE TRANSACTIONS -
• ATM Only -You may use the ATM CARD to purchase goods and services
("Purchase") at any retail establishment ("Merchant"} where ATM CARDS are
accepted 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.
15. LIMITATIONS ON THE USE OF YOUR ATM CARD -
• ATM Only -You may withdraw up to $500 per day from one or a combination
of your accounts by using a ATM CARD provided the funds are available at a
STAR SYSTEMs or PLUS SYSTEM ATM. In addition, you may
withdraw/purchase up to $500 at point of sale locations. PSECU reserves the
•
right to reduce this daily limit at any time. In the event that your daily limit is
less than $500, PSECU will advise you cf 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 PenrsyMania State Employees Credft
Union is not obliged to maintain such limit2tions.
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
account, do not enter the correct Personal tdentitication Number (PIN), or
exceed the frequency of usage limitation. Tne 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 result in machine retention of our ATM CARD. The number
of attempts that result in machine retention is rwt 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, P.O. Box 67013, Harrisburg, PA
17106.7013, as soon as you can if you think your statement or receipt is
wrong, or if you need more information about a transaction listed on the
statement or receipt. PSECU must hear fnxn you no later than 60 days after
it sent you the first statement on which tl-~e 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-
5ervice Telephone Transaction); (b) Describe the error or the transaction you
are unsure about, and explain as clearly as you can why you believe it is an
error or why you need the information, and; (c) The dollar amount of the
suspected error.
If you tell PSECU orally, you must send your complaint or question in writing
within 10 business days. PSECU will tell you the results of the investigation
within 10 business days for STAR SYSTEMS. PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS, or 20 days for
STAR SYSTEMS purchase transactions. If we need more time, however, we may
take up to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE
TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for
STAR SYSTEMS purchase transactions. If PSECU decides to do this, it will
recredit your account within 10 business days for the amount you think is in error
if ft is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or
DIRECT DEBIT/CREDIT transaction, or 20 business daysrf ft is a STAR
SYSTEMS purchase transaction. You will hate the use of the money during the
time it takes to complete the investigation. fF 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 surcharge will be
debited from your account if you elect to complete the transaction.
Notice To Consumers Using ATM's
• Be alert to your surroundings. If you doubt tfie safety of a particular location,
choose another ATM.
• If the ATM has an entry door, close the door prior to 1nltiaUng your transaction,
• Put your cash away immediately.
• Direct complaints concerning ATM securrrj to an appropriate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking at (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINSTTHE SELLER OF
GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
•
Pennsylvania State Employees Credit Union pSEC~
PO Box 67013, Flarrisburg, PA 1 7 1 06-701 3
PSL Minimum Pa ment Ran es er thousand *,snn~y~.
y g (p portion thereof)"
FIRST PAYMENT: Your first payment is due and payable within 30 days from the date of
the .loan advance.
Minimum Monthly Minimum Biweekly
Loan Balance at Time of Advance Payment Payment
19,000.01 to 20,000.00 400 200
18,000.01 to 19,000.00 380 190
17,000.01 to 18,000.00 360 180
1 b,000.01 to 17,000.00 340 170
15,000.01 to 16,000.00 320 160
14,000.01 to 15,000.00 300 150
13,000.01 to i 4,000.00 280 i 40
12,000.01 to 13,000.OG 200 130
11,000.01 to 12,000.00 240 120
10,000.01 to 11,000.00 220 110
9,000.01 to 10,000.00 200 100
8,000.01 to 9,000.00 180 90
7,000.01 to 8,000.00 160 80
6,000.01 to 7,000.00 140 70
5,000.01 to 6,000.00 120 60
4,000.01 to s,ooo.00 10o so
3 ,000.01 to 4,000.00 80 40
2,000.Oi to 3,000.00 60 30
1,000.01 to 2,000.00 40 20
Up to 1,000.00 20 10
`*Personal Service Signature Loan Minimum Monthly Payment: 5100 for original
balances from $1,000 -x5,000, $200 for original balances from $5,000.01 -$10,000
Viso Disclosures
Finance Charge: Finance Charge (interest) is calculated at the monthly periodic rate and corresponding annual
percentage rate on the average daily balances of purchases and cash advances as described below:
Viso (Purchases) Monthly Periodic Rate .00825 Annual Percentage Rote - 9.9%
Yisa (Cash Advances, Checks) Monthly Periodic Rote .01075 Annual Percentage Rote -12.9°k
Minimum Payment: The minimum monthly payment will be either (a) 2.09'0 of your total new balance or $20.00,
whichever is greater; or (b) your total new balance if it is less than $20.00, plus (c) any portion of the minimum
payment(s) shown on prior statement(s) which remains unpaid.
Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including
court costs and reasonable attorney fees.
Late Charge: You promise to pay a late charge of $20 if your Minimum Payment is not received by the first day of
the month following your due date.
Over limit Charge: You promise to pa an over limit charge of $20 if you exceed your credit limit by $100 or more.
Overdraft Option: If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing
credit limit, this addendum and the agreement it represents and the current loan policy at the time of the overdraft.
You also understand that an overdraft will be considered the same as a cash advance on your PSECU Visa credit
card and that the current annual percentage rate for cash advances will o ply. TELEPHONE INFORMATION AND
MAILING ADDRESS: For all purposes as referenced in the Visa Credit Card Agreement and Truth in Lending Disclo-
sure, call PSECU at 717.234.8484 in Harrisburg or 800.237.7328 nationwide, or write the Credit Union at: PSECU,
P.O. Box67013, Harrisburg, PA 1 71 06-701 3.
Pennsylvania State EmFloyees Credit Union Form #3100 10/OS
•
LOANLINER®Addendum
•
Instructions: This addendum is incorporated into and becomes part of your LOANLINER Credit Agreement. Please keep
attached.
First Payment: Your first payment is due and payable within 30 days from the date of the loan advance.
The Annual Percentage Rates, corresponding daily periodic rates and amount of payment for each loan subaccount ore
shown below. If there is no payment schedule, the amount and due date of payments will be determined at the time of each
advance and disclosed on the Advance Request Voucher, Advance Proceeds Check, or any other loan voucher or receipt. Other
charges that may be imposed are also shown below (i.e., late charges, filing fees, collection costs). All rates are subject to
change.
Default Rate: If your loan is in default, the credit union reserves the right to charge the highest unsecured interest rate
currently in effect at PSECU.
Loan subaccount
Description A rox.
PP
Term in
Months Percent
Above
Index
Daily Periodic Rate
Present Annual
Percentage
Rate Minimum Payment
(For each x100 or
Sjr00tlof our
unpaid amount)
Auto Loan (1)
New Vehicle
540,000 loon or greater 120 .00018466 6.74% 51.15
520,000 value or greater 84 .00016411 5.99% S 1.47
512,000 value or over 72 .00016411 5.99% 51.66
58,000 value or over 60 .00015041 5.49% 51.91
56,000 value or over 48 .00015041 5.49% 52.33
53,000 value or greater 36 .00015041 5.49% 53.02
53,000 value or greater 24 .00012301 4.49% 54.37
Used Vehicles Only
540,000 loon or greater 120 .00018466 6.74% 51.15
520,000 value or greater 84 .00016411 5.99% 51.47
512,000 value or over 72 .00016411 5.99% 51.66
58,000 value or over 60 .00015041 5.49% S 1.91
56,000 value or over 48 .00015041 5.49% 52.33
53,000 value or greater 36 .00015041 5.49% 53.02
53,000 wlue or greater 24 .00012301 4.49% 54.37
Recreational Vehicle: New/Used (2
Loon amount S 15,000 and up 84 .00024384 8.90% 51.60
Loari amount 58,000 - 14,999 60 .00024384 8.90% 52.07
Loon amount 55,000. 7,999 48 .00024384 8.90% 52.48
loan amount 53,000 - 4,999 36 .00024384 8.90% 53.18
IRA Loan (3) 12 2.0 .00007534 2.75% 58.46
Share Loan (3, 4)
Up to 51,000 19 2.0 .00007534 2.75% 55.38
51,001 - 54,000 48 2.0 .00007534 2.75% 52.20
Over 54,000 (One year/ SI,000 up 48 2.0 .00007534 2.75% 50.95
to a mosimum of 10 years.)
Certificate Loan (3, 4, 5) seediscbsures 2.0 see disclosures see disclosures
Personal Service loan (PSL)(b) 77 .00035342 12.9%
Personal Service up to 65
Signature Loan (P55L) months .0002712 9.90%
r
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff .
NO. 06-4091
vs.
B. ERIN BONN
Defendant CIVIL ACTION -LAW
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, B. Erin Bonn for want of
ANSWER TO COMPLAINT.
(X) Assess damages as follows:
Debt -----------------------------------------------------------------$7,160.09
Attorney's Commission-------------------------------------------$1,457.02
Filing costs----------------------------------------------------------$to be determined
TOTAL--------------------------------------------------------------plus costs
(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 to file
this praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the
date of the filing of this praecipe and a copy of the notice is attached.
DATE: ~ ~ ~ Signature:
Melissa L. Van Eck, squire
Attorney for Plaintiff
7810 Allentown Blvd., Suite B, Hbg., PA 17112
(717) 540-5406
ID#: 85869
NOW, ~.)~ ~~ , 200b~, JUDGMENT ENTERED S ABOVE.
Prot onota c, Civ' ivision
By:
Deputy
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff .
NO. 06-4091
vs.
B. ERIN BONN
Defendant CIVIL ACTION -LAW
TO: B. ERIN BONN
127 Sheetz Road
Halifax, PA 17032
DATE OF NOTICE: January 19, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800)990-9108
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION, ,
Plaintiff
vs.
B. ERIN BONN ,
Defendant ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-4091
CIVIL ACTION -LAW
ENTRY OF APPEARANCE
Please enter the Appearance of Melissa L. Van Eck, Esquire, as counsel for Plaintiff in
the above captioned action.
Respectfully Submitted,
VAN ECK & VAN ECK, P.C.
Date: January 29, 2007 By: .~
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
(717) 540-5406
Attorneys for Plaintiff
f
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff .
NO. 06-4091
vs.
B. ERIN BONN
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Melissa L. Van Eck, Esquire, being duly sworn according to law, depose and say that I am
the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my
knowledge, information and belief Defendant, B. Erin Bonn, above named, is not a
corporation and not an adult individual under the age of 21 years of age; is not in the military
service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its Amendments.
VAN ECK & VAN ECK, P C.
By: ~-
Meliss L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
Sworn and subscribed to
before me this _~day
of January 07
N/ot~ary Public
l
My Commission Expires 1-2-2012
Magistertai District Judge Roy C. Bridges
County of Dauphin
Magisterial District 12-3-05
7810 Allentown Boulevard
Harrisburg, PA 17112
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PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
NO. 06-4091
B. ERIN BONN .
Defendant CIVIL ACTION -LAW
TO: B. Erin Bonn, Defendant
You are hereby notified that on .J~~ 3~ ~ij r'~ ,the following
(9~ler) (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 $8,61711 plus
costs is hereby entered.
DATE: /
Pro onotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
B. Erin Bonn
127 Sheetz Road
Halifax, PA 17032
A: B. Erin Bonn, Defendant, Defendido/a (Defendidos/as)
Por este medio se le esta notificando que el
del
de
el/la siguiente (9~len) (Des~ete)
(Fallo) 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:
B. Erin Bonn
127 Sheetz Road
Halifax, PA 17032
.~
R SHERIFF'S RETURN - OUT OF COUNTY
CASE N0: 2006-04091 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE EMPLOYEES
VS
BONN B ERIN
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
BONN B ERIN
but was unable to locate Her
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On January 11th 2007 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answe _~_.__-
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Dauphin County 35.25 Sheriff of Cumberland County
Postage 1.11
73.36 r ~11P'~~ ~,~~,,.
01/11/2007
VAN ECK & VAN ECK
Sworn and subscribe to before me
this day of
A.D.
.M
~n Tl~e Court of Co~nnaon Pleas of Cn~b~rland C~~nty, I'en~sy~va~la
Pennsylvania State II~nployees Credit Union
VS.
B. Erin Bonn No. 06-4091 civil
Now, ~~~~~ 19:, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of ~u~'s' County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Aff1ClAYlt Of.SCI V1C~
Naw,
within
20 , at o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
COSTS
Sworn and subscribed before SERVICE ~ $
me this day of , 20 MILEAGE
AFFIDAVIT
(~~~'LCE II~ ~P o~'~Pxt~f
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)780-6590 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania PENNSYLAVANIA STATE EMPLOYEES CREDIT
vs
County of Dauphin
• BONN ERIN
Sheriff's Return
No. 2098-T - - -2006
OTHER COUNTY NO. 06-4091
AND NOW:December 29, 2006 at 4:15PM served the within
COMPLAINT
BONN ERIN
to DEFENDANT
1 true attested copy(ies)
of the original COMPLAINT and making known
to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE
FRONT & MARKET STS, RM. 104
HARRISBURG, PA 17101-0000
NEW ADDRESS: 127 SHEETZ RD, HALIFAX, PA. 17032.
Sworn and subscribed to
before me this 4TH day of JANUARY, 2007
Gi'GC/
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
upon
by personally handing
So Answers,
Sheriff of Dauphin County, Pa.
By
Deputy S riff
Sheriff's Costs:$35.25 PD 12/27/2006
RCPT NO 224861
HOFFMAN