HomeMy WebLinkAbout06-6956IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. C'(o - (oQ S'(o /}
CREDIT UNION, ~It~~~(,.
Plaintiff ,
vs.
FRANK M. HEREDA
Defendant CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800)990-9108
Document #: 180057.1
EN LA CORTE DE ALEGATOS COM IJN DEL CONDADO DE
CUMBERLAND, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
NO.
vs.
FRANK M. HEREDA
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 accion dentro
veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito
una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus
defenses o objeciones a las demandas puestas en contra usted. Usted es advertido 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
INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO
PUEDE PROVEERE INFORNIACION ACERCA AGENCIAS
OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ
REDUCIDO O GRATIS.
Cumberland Baz Association
32 S. Bedford Street
Carlisle, 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.
FRANK M. HEREDA
Defendant
NO. ~~ - ~oQS~
CIVIL ACTION -LAW
COMP_
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 lace
P
of business situate at 1 Credit Union Place, Harrisburg, Dauphin County, Pennsylvania.
2• Defendant, Frank M. Hereda, is an adult individual with a last known address of
86 North 41St Street, Camp Hill PA 17011.
3 • Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
4• Defendant applied to Plaintiff for a personal service loan. A true and correct co
of said application is attached hereto, incorporated herein and marked as Exhibi " py
t A.
5• The application submitted by Defendant was approved by Plaintiff.
6• Pursuant to the loan application marked as Exhibit "A", Defendant agreed to the
terms and conditions of the extension of credit as set forth in the Loanliner Credit and Securit
Y
Agreement (hereinafter referred to as "Contract"). A true and correct copy of the Loanliner
Document #: 180057.1
Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit
«B„
8• Defendant has accepted the monies borrowed from Plaintiff pursuant to theterms
and conditions of the Contract marked as Exhibit "B".
9• Various charges and payments were made by Defendant on the account
10. Defendant has defaulted on the loan by failing to make timely and regular
payments.
11. The last payment made by Defendant was on May 13, 2005.
12• Defendant is required under the contract to make regular and timely payments.
13. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
14. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
15. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
16. 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.
17. As of December 1, 2006, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Nine Thousand Two Hundred Seventy Dollars and 28/100
($9,270.28).
Document #: 180057.1
18. 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.
19. 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.
20. 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.
21. 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.
22. The amount of attorney's fees incurred in this matter is the sum of One Thousand
Eight Hundred Seventy-nine Dollars and 06/100 ($1,879.06).
23• Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
24. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
V~'HEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Frank M. Hereda, in the amount of Nine Thousand Two Hundred Seventy Dollars and 28/100
($9,270.28), plus interest, reasonable attorney's fees in the amount of One Thousand Eight
Document #: 180057.1
Hundred Seventy-nine Dollars and 06/100 ($1,879.06), 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. Berkoski, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which I have
furnished to counsel, as well as upon information which has been gathered by counsel and/or others
acting on my behalf in this matter. The language of the Complaint is that of counsel and not my
own. I have read the Complaint, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Complaint is that of counsel, I have relied upon such coiulsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint
are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
;`
~~-- ~ . ~
Bonnie L. Berkoski
Date: O~
Docnnn•nl s: /40122./
Your card will be ordered the same day we receive your Activation Card.
i ~ ~--'~ ~~ ~~' "~ ~ `'p'erk Te1e hone Number
Acccunt (Social Se,;urity) Number Home Telephone Number P
'rst Name rv3.i. Last Name
G.
Mailing Address (this will beoo e your address of record with PScCU)
Please issue Capitol Card VISA cards in tna following names (if you wish two :zrds, fill in both blanks)
PLJISE PNIl7
Frst Card Name t f,f. Last~Vame
Frrst Nar+e P,~~ Pwx~
Serond Card Name ~ ! Last Name
First Name
4We herb6 acJmIow,le,dge ' !p2 of the PS CU LOAN ~ ER+9 Dlaclo m and Credit ApreemQnt erd ayree+f~o~b~e bound by fhe tam, s set !orth irr said agrxmanL
N `~ Date
to Go-rriaker'sSlgnature
'• ~Lj a 3iq~~re Y ; ~1~, t ~ ~ PSECU USE: Date Received Telbr 1`
CAIVPI~D
Pen'~.~Ylvania State En
PO Box 670f3 • Hamsburg, PA 17f06-
• (717) 234-8484 (800J 237-7328 Nationwide
Loan Disclosures
This LOANLINER Credit Agreement and Truth in Lending Disclosure will De
refereed to as "this Plan." "you" and "your" mean each person who signc this
Plan. The "credit union" means PSECU or anyone to whom the credit union
transfers its rights under this Plan.
substantially reduce your ability to repay what you owe. In the ease of loans not
conforming to policy, the credit union reserves the right to charge the highest
signature subaccount interest rate currently in effect at PSECU or may require
payment in full.
HOW THIS PLAN WORKS -The credit union anticipates that you will bortow
money {called advances) under this Plan from time to time. The eredlt un(pn,
however, fs not required to make advances for you under this Plan and can
refuse a request for an advance at any time. The Addendum describes the
different types of credit (called subacl:ounts) available under this Plan. If you
have been approved for credR under a subatxouM marked with a star ('), you will
be given a specific credit limit for that subaccount. For other subat:counts you
may not be given a spedfic dollar limit.
PROMISE TO PAY -You promise to repay to the credit union all advances made
to you under this Plan and any applicable charges described in the Addendum
together with interest on what you owe until the total amount has been repaid.
The interest rate depends on the subaeeount under which the advance is made.
The Addendum shows the current interest rates as daily periodic rates and their
corresponding annual percentage rates. If the interest rate for any or all
advances is a variable interest rate, the Addendum explains how the variable
interest rate works.
PAYMENTS • The amount of payments Tor an advance is determined according to
the payment schedule in the Addendum. If the Addendum has no payment
schedule for a subaceount, the amount and due date of payments will be
determined at the time of each advance. You may pay any or all of the principal
balance on any business day. You promise to make payments in the amount
required under the payment schedule provided on your disclosure statement
Payments are not reduced as the principal balance declines, even iF the new
advances arc made.
Payments must include any amount past due and any amount by which you have
exceeded any credit limit you have been given for a subaccount You may prepay
all or part of what you owe at any time without any prepayment penally.
LATE CHARGE • If your (minimum) payment is not received by us within 15 days
of its due date we may charge and you have to pay a late charge of 5% of
overdue payment.
COST OF CREDIT -The dollar amount you pay for money borrowed is called a
finance charge and begins on the date of each advance. To compute the finance
charge, the unpaid balance for each day since your last payment (or since an
advance H you have not yet made a payment) is mukiplied by the applicable daily
periodic nte. The sum of these amounts is the finance charge owed. The
balance used to compute the finance charge is the unpaid balance each day
after payments and credits to that balance have been subtracted and any new
advances have been added. A finance charge will be computed separately for
each separate balance under this Plan.
SECURITY INTEREST -You agree that all balances under this Plan except those
obtained by using your ATM card to access your line of ered'R subaccouM will tx
secured by the shares and deposits in all joint and individual accounts you have
with the credit union now and in the future. You will give us a security interest in
all individual and joint accounts you have with the credR union now and in the
future to secure all advances obtained by use of your ATM card. Additional
security will be required depending on the subaecount under which an advance
is requested. For example, a subaccouM called "New Car Advances" means the
security will be a new car. Shares and deposits in an Individual Retirement
Account and any other account that would lose special tax treatment under state
or federal law 'R given as severity are not subject to the security interest you have
given in your shares and deposits.
Property given as security under this Plan or for any other loan may secure all
amounts you owe the credit union now and in the future. However, for purposes
of loans made under this LOANLINER Agreement, the credR union spedfically
waives any security interest R may have in your dwellings given through any other
mortgages or security agreements.
DEFAULT -You will be in default H you do not make a payment of the amount
required when R is due. You will be in default R you break any promise you made
under this Plan or if anyone is in default under any security agreement made in
connection with an advance under this Plan. You will be in defauR if you die, file
for bankruptry, become insolvent, have your PSECU account garnished, if you
make any false or misleading statements in any credit application or update of
credR information, or R something happens which the credit union believes may
When you are in default the credit union can demand immediate payment of the
entire unpaid balance under this Plan without giving you advance notice. If
immediate payment is demanded. you wilt continue to pay interest, at the
applicable interest rates in effect under this Plan, until what you owe has been
repaid. If a demand for immediate payment has been made, the shares and
deposits given as security for this Plan can be applied towards what you owe.
The credit union can also exercise any other rights given by law when you are in
default
PROPERTY INSURANCE -You will be required to purchase property insurance on
certain types of security that you give for advances. You may purchase the
property insurance from anyone you choose that is acceptable to the credR
union.
CANCELLING OR CHANGING THIS PLAN -The credR union has the right to
change the terms of this Plan from time to time after giving you any advance '
notice required by law. Any change will apply to future advances, and at the
discretion of the credit union and subject to any requirements of the applicable
law, will also apply to unpaid balances. An increase in the daily periodic rate
under a variable interest rate is not considered a change in terms under this
Plan.
The credR union can cancel the entire Plan or any part of this Plsn at any time.
You can cancel this Plan at any time. Your obligation to pay the unpaid balances
under the terms of this Plan continues whether you or the crodR union cancel
this Plan or any part of this Plan.
STATEMENTS AND NOTICES - On a regular basis you will receive a statement
showing all transactions under this Plan during the period covered by the
statement. Statements and notices will be mailed to you at the most recent
address you have given the aedR union in writing. Notice to any one of you will
be notice to all.
JOINT ACCOUNTS - If this is a joint account, each of you authorizes the other(s)
to get advances individually under this Plan. That means an advance can be
made upon the request of only one of you and that the check can be issued to
only one of you. If you give inconsistent instructions, the credit union wn refuse
to follow your instructions. Each of those who sign this Plan will be individually
and jointly responsible for paying the entire amount owed under this Plan. That
means the credit union can enforce Rs rights under this Plan against any one of
you individually or against all of you together.
UPDATINFa INFORMATION -You promise that you will promptly give the credit
union written notice if you move, change your name or employment, or if any
other information you provided to the credit union changes. You also agree to
provide the credit union updated financial information about yourself upon
request.
The credit union can delay enforcing any of its rights any number of times without
losing its rights. If the law makes any term(s) of this Plan unenforceable, the
other terms will remain in effect.
SECURITY AGREEMENT -In this agreement all references to "credit union" mean
the credit union whose name appears on this agreement and anyone to whom
the credit union assigns the LOANLINER Credit Agreement. All references to
"the advance" mean the amount in the box labeled "New Balance." All refer•
epees to "you" mean each person who signs this agreement.
THE SECURITY FOR THE LOAN - By signing this security agreement in the
signature area or under the statement refercing to this agreement which is on
the bade of the check or draft you receive for the advance, you give the credR
union what is known as a security interest in the property described in the
"Security Offered" section of the voucher. The security interest you give includes
all accessions. Accessions are things which are attached to or installed in the
property now or in the future. The'~seeurrty interest also includes any replace-
ments for the property which you buy within t0 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 progeny.
If the value of the propery declines, you promise to give the credit union more
property as security H asked to do so. The credit union will cease to have a
security interest in the propery described in the "Security Offered" section of the
voucher when the advance is repaid in full.
Loanliner Credit Agreemen! and Truth in Lending Disclosure (confined)
WHAT THE SECURITY INTEREST COVERS -The security interest secures 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
LOANLINER Credit Agreement and any othero a R udescription s tmark d lwith Itwo
for any reason now or in the future. It the p Pe Y
stars ("), the property will secure only the advance and not other amounts you
owe.
OWNERSHIP OF THE PROPERTY - cuu pcmise toutwouuse theeadvance for that
this advance is to buy the property, y P Y
Purpose. You promise that no one else has any interest or claim against the
Property that you have not already told the credit for a loan with anothemcredttorto
sell or lease the property or to use R as security
until the advance is repaid. You promise you will allow no security interest or lien
to attach to the property either by your actions or by operation of law.
PROTECTING THE SECURITY INTEREST • If your state issues a title for the
property. You Promise to have the uedR union's security interest shown on the
title. The uedR union may have to file what is called a financing statement to
protect Rs security interest from the claims of others omise toddo whateverelse
promise to sign a fnanang statement. You also P Interest in the property.
the credR union thinks is necessary to protect its security
USE OF THE PROPERTM erctull t and keep tt hn good repay ~tt(2) ObPa nmlwrittenu
will: (1) Use the property Y ro ert
permiscion from the uedR union before making major changes to the p P Y•
r(3) Inform the uedR urrion in writing b4 foAreoW the IorgedRuumon toy nsped the
address where the property is kept• () Is damaged, stolen or
property. (5) Promptly notify the uedit union it the property
abused. (6) Not use the property for any unlawful purpose.
PROPERTY INSURANCE, TAXES AND FEES -You promise to pay all taxes and
fees (like registration fees) due on the property and to keep the ProPart)rsurance
against loss and damage. The amount and coverage of the property Insurance
must be acceptable to the uedR union. You may provide the property •
through a policy You already have, or through a polity you get and pay for. You
promise to make the insurance policy Payable to the credR union and to deliver
the policy or proof of coverage to the uedR union.
If you cancel your incurzsnx~ or damaged, thetuedR unionlcan use thehi surance
refund. It the property • I R towards what you owe. You authorize
settlement to repair the property or app y
the uedit union to endorse any draft or cheek which may be payable to you in
order for the cred'K union to coded any refund or benefRs due under your
insurance policy.
If you do not pay the taxes or fees on the property when due or keep R insured,
the credR union may pay these obligations, but is not required to do so. Any
money the uedR union spends for taxes, fees or insurance will be added to the
This notice contains important information about your rights and our responsi-
bilities under the Fair CredR Billing Ad.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT- If
you think your statement is wron~g~e rus onua eparate sheet at Ithe address
transaction on your statement,
listed on your statement. Write to us as soon as possible. We must hear from
you no later than 60 darcdettYou can to ephone us,t buttdoingtson ~Inotthe
error or problem appe
preserve your rights.
In your letter, give us the following information:
tnpaid balance of the advance or a new advance will be made andono he ill pay
he interest on those amounts at the same rate you agreed to pay
advance. If the credit union accts amounts for taxes, fees or insurance or makes
a new advance to include these funds, your payments will be increased by the
amount necessary for the total amount due to be paid off in the same number of
months originally scheduled.
DEFAULT • You will be in default if you break any promise you make under this
agreement. You will also tx in default under the LOANLINER Credit Agreement.
If you are pledging property. bui have not signed the LOANLINER Credit
Agreement, you will be in defaun it anyone is in default who has signed the
LOANLINER Credit Agreement.
WHAT HAPPENS IF YOU ARE IN DEFAULT -When you are in clef ment of what
union can, without advance no:i,;e to you, require immediate pay
you owe under the LOANLINER CredR Agreement and take possession of the
property. You agree the credtt union has the right to take possession of the
property without going to court and without giving you advance notirx. atya time
asked to do so by the credit union, you promise to deliver the p ope y
and place the uedR union chooses. The uedR union will not be responsible for
any of your other property, not covered by this agreement, that you leave inside
the property. The credit union will try to return that property to you or make it
available for you to claim.
After the uedR union has possession of the property. R can sell R and apply the
money received to any amounts you owe the credR union. Tnvate sae win be II
give you notice of any public sale or the date after which a p
held. The expenses of the credR union for taking possession of and setting the
property will be deducted from the money receeed ^ro ~ TOe~1e andhattorney's
may include the cost of storing the property, P Pa 9
fees to the extent permitted under state law or awarded under lied to what y0oub)
of the Bankruptcy Code. The rest of the sale money will be app'
owe under the LOANLINER Cred'R Agreement.
If you have agreed to pay the advance, you will also have to pay any amount that
remains unpaid after the sale money has been applied to the unpaid balance of
the advance and to what you owe under this agreement. You agree to pay
interest on that amount at the same rate as the advance until that amount has
been paid.
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT • The uedR
union can delay enforcing any of its rights under this agreement any number of
times without losing the ability to exercise its rights later. The credR union can
enforce this agreement against your heirs or legs) representative ou la thee thatlt
union changes the terms of the LOANLINER Credit Agreement, y g
this agreement will continue tq protect the credR union.
CONTINUED EFFECTIVENESS • If any part of this agreement is determined by a
court to t» unenforceable, the rest will remain in effect.
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 wse, we will send you a
statement of the amount you owe and the date that R is due.
If you fail to pay the amount that we think you owe, we may report you as
delinquent. However, it 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 anwe muvst~tell
report you to that you have a question about your statement. And,
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 donY follow these rules, we cant tolled the first SfiO 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 crediou ma haveothe eve
tried in good faith to totted the problem with the meorchrtnt.of" services. Ttiere are
right not to pay the remaining amount due on the p Pe Y
two limitations on this right (a) You must have made the purcha The purchase e
state, within 100 miles of your current mailing address', and (b)
price must have been more than 550.
These limitations do not apply ~` we own or operate the merchant. or d we mallet
you the advemsement for ;ne croperty or services.
Your name and account number.
- The dollar amount of the suspected ertor. ou believe there is an .
• Describe the enor and explain, it you can, why y
error.
If you need more information, describe the Rem you are not sure about.
If .you have authorized us to pay a uedR card account automatically fro a yment
share account or MoneyHandlerlChecking a hount.ment you Slerierhmustyreach
on any amount you think is wrong. To stop t. a pay
us three business days before the automatic payment is'scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIESAFTER WERECEIVE YOUR
WRITTEN NOTICE • We must acknowledge your lettewenmust eRherscorrect the
we have corrected the error by then. Wdhin 90 days,
error or explain why WC bell2ve the Statement was COfred.
After we receive your letter`^N~e'~anno^;ryueotoo5e~tdasiatements to youfor'otheor
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
CredA Card Line of Credit account with us. "We", "us", and "ours" means this
credit union.
RESPONSIBILITY - H we issue you a card. you agree to repay all debts and the
Finance Charge arising from the use of the wrd and the card account. For
example, you are responsible for charges made by yourseN, 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 ii 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.
LOST CARD NOTIFICATION • It you believe the card has been lost or stolen, you
will immediately wll the cred'rl union at (717) 234-84134 or (800) 237-7328. After
hours call (BOD) 556-5678.
LIABILITY FOR UNAUTHORIZED USE • You understand that your total liability to
the credit union shall not exceed 550 for any card transactions resulting from the
loss, theft or unauthorized use of the card that occurs prior to the time you give
notice to the credit union. Such liability does not apply when the card is used to
make eleGronie fund transfers.
CREDIT LINE - If we approve your application, we will establish a seH-replenish-
ing Line of Credit for you and notify you of fts amount when we issue the card.
You agree not to let the account balance exceed this approved Cred'R 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
cred8 committee D< 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 creditworthi-
ness. You may also terminate this Agreement at any time, but termination by
either of us does not affeG 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
CREDIT INFORMATION • You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorze us to
disclose information regarding your account to credit bureaus and other
creditors who inquire of us about your uedft standing.
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 (east the Minimum Payment within 25
days of your statement Dosing date. By separate agreement you may authorze
ue to charge the minimum payment automatiplly to your ehare or
MoneyHandlenChecking account wfth us. You may, of course, pay more
frequently, pay more than the Minimum Payment, or pay the Total New Balance in
full, and you will reduce the finance charge by doing so.
The minimum payment will be (a) 2°h of your Total New Balance, rounded up to
the next even dollar, or (b) 520.00, whichever is greater. In addition, at any time
your Total New Balance exceeds your Credit Line. you must immediately pay the
excess upon our demand. We will apply your payments first to the Finance
Charge on both purchases and cash advances, then to any billed fees, then fo
the principal balance of purchases in the order they were posted to your account
and then to the principal balance of cash advances.
FINANCE CHARGES -You can avoid Finance Charge on purchases by paying the
futl amount of the New Balance of Purchases each month within 25 days of your
statement Dosing 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.
Monthly Periodic Finance Charge, Monthly Penodic °ate and Annual Percentage
Rate. The Finance Charge is the Monthly Penodic Finance Charge. The Monthly
Periodic Finance Charge for each billing cycle will t>e calculated by multiplying
the Average Adjusted Balance (see explanation below) for your Account for the
billing cycle by the Monthly Periodic Rate as disclosed on the Addendum.
Calculation of the Average Adjusted Daily 6afance. We calculate your Average
Adjusted Daily Balance (the balance which is subject to the Monthly periodic
Rate) as Totlows:
The Average Adjusted Daily Balance for your account for the billing cycle is the
average of the adjusted daily ba;ances for each day of the billing cycle.
To calculate the Adjusted Daily Balance each day, we take the following steps:
We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which the amounts post to your account, we add the
amounts of all debks and subtract the amounts of all payments and credits
which post to your account that day.
Payments are applied first to any Late Charges, then to any Overtimit Charge,
then to any unpaid Finance Charge for previous billing cycles, Annual Fee, then
to the Casfi Advance balance. and then to the balance of your Account. Credits
are applied first to the partiwlar type of debt which is being credited, if any, and
then to the balance of your a~: cunt. After applying payments and cred'RS, we
subtract any amount of Finance Charge, Late Charge, Overlimit Charge and
Annual Fee that remains unpaid. Then we also subtract the amount of any Cash
Advance transscion that posts to your account on that day or on any previous day
on the same billing rycle. The result is the Adjusted Daily Balance Tor that day.
We add together all the Adjusted Daily Balances for each day in the billing cycle
and divide the total by the number of days in the billing cycle. The resuK is the
Average Adjusted Daily Balance for that billing ryde.
Note that cash advance transactions which are posted to your Account during s
billing rycle are not included in the Average Adjusted Daily Balance for that cycle,
and are therefore not subject to the Monthly Periodic Rate during that cycle.
However, they are included in the New Balance shown on the statement for that
cycle, and are therefore also included in the outstanding balance at the start of
the first day of the next billing cycle.
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 exixeds
the New Balance shown on that statement, we will not apply the Monthly Periodic
Rate to your Account on your next statement.
DEFAULT -You will tx in de`autt ii you fail to make any Minimum Payment within
25 days after your monthly s:a'>ment Dosing date. You will also be in default if
your ability to repay us is materially reduced by a change in your employment. an
increase in your obligations. bankruptcy or insolvency proceedings involving you,
your death or your failure to aside by this Agreement, or if the value of our security
interest materially declines. lNe have the right to demand immediate payment of
your futl account balance if you defauR, subject to our giving you any notice
required by law. To the extent permitted by law, you will also be required to pay
our eolledion expenses, including court costs and reasonable attorney tees.
USING THE CARD - To make a purchase or cash advance, there are two
aftemative procedures to be totiowed. One is for you to presets the card to a
partiapating VISA plan merchant, to us or another financial institution, and sign
the sales or cash advance draft which will be imprinted with your card. The other
is to complete the transaction by using your Personal Identfication Number
(PIN) in conjunction with the :ard in an Automated Teller Machine or other type of
eledronis terminal that Drovides access to the VISA system. The monthly
statement will identify the merchant, electronic terminal or financial institution at
which transactions were made, but sale, cash advance, credit or other slips
cannot be returned with the statement. You will retain a copy of such slips
furnished at the time of the transaction in order to verify the monthly statement.
The credit union may make a reasonable charge for photocopies of slips you
may request.
RETURNS AND ADJUSTMENTS -Merchants and others who honor the card may
give credit for returns and adjustments, and they will do so by sending us a
credit slip which we will post to your account. Ii your credit and payments exceed
what you owe us, we will hold and apply this credit balance against future
purchases and casfi advances, or if it is one dollar or more, refund it on your
written request or automatically after six months.
FOREIGN TRANSACTIONS • Purchases and cash advances made in foreign
countries and foreign currencies will be bitted to you in U.S. dollars. The
conversion rate to dollars will be (i) the wholesale market rate or (ii) the
government-mandated rate. whichever is applicable, in effect one day prior to the
processing date, increased by one percent.
PLAN MERCHANT DISPUTES • We are not responsible Tor the refusal oT any plan
merchant or financial irstitu;ion to honor your card. We are subject to claims
and defenses (other than tort claims) arising out of goods and services you
purchase wdh the card on~y !f you have made a good faith attempt, but have been
unable to obtain sat~sfaC~on from the plan merchant. and (a) your purchase was
made in response to an a~vertisement we sent or participated in sending you, or
VfSA Credit Card Truth in Lending Disclosure (continued)
(b) your purchase cost more than 550 and was made from a plan merchant in
your state or within 1D0 miles of your home. Any other disputes you must
resolve directly with the plan merchant.
SECURITY INTEREST - To secure your account. you grant us a purchase money
security interest under the Uniform Commercial Code in any goods you
purchase through the account. tf you default, we will have the rig t~i10ncooi eour Y
of these goods which we have not been paid for through our app ~ Y
payments in the manner described in the Monthly Payment section. With respect
to this account only, we will not assert any statutory right we may have if you sits)
in defauR to prevent withdrawal of your unpledged credit union shares (Dep
below the unpaid balance of your account. However, H you give or have given us
a specific pledge of your credit union shares (Deposts) 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.
EFFECT OF AGREEMENT -This agreement is the contrail 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 amerud the
Agreement from time to time by sending you the advance wririen notice requved
by law. Your use of the card thereafter will indicate your agreement to the
amendments. To the extent the law permits, and we indicate in our notice,
amendments will apply to your existing account balance as well as to future
transactions.
LATE PAYMENT CHARGE - Ifou will^be subject to a si'noletchargeiotl5%5 d t e
after the Payment Due Date, y
minimum scheduled payment.
COPY RECEIVED -You acknowledge receipt of a copy of this Agreement
'SECU P.O. Box 67013
Harrisburg, PA. 17106-7013
MONEY ACCESS CARD CARDHOLDER AGREEMENT - In this Agreement ("l" or
"we"), in consideration of The Pennsylvania State Employees o~bed knell bound
or "your") issuing to me a Money Access Card, hereby ag g Y
by the following terms and conditions.
ACCOUNTS AND USES OF MONEY ACCESS CARD • I have the account(s)
(including MoneyHandlerlChecking, Regular Shares, and Personal Service Loan
(PSL)) with You set forth on my application form with this Agreement. I hereby
request that you issue to me one or more Money Access Cards to tx used in I
connection with such accounts as described in this Agreement.
I understand 1 may use the Money Access Card at a Money Access Center to (1)
withdraw cash from, (2) make or arrange for deposits in, (3) effect transfers to or
from my accounts, (4) receive information regarding the balance in my
account(s) a (5)'make cash advances from my uedit account(s) in the amounts
I request. I may also use automated teller machines throughout the United
States and in certain foreign countries which bear the PLUS System name and
logo to (1) make withdrawals from, (2) effect transfers to or from, or (3) receive
information regarding the balances in my MoneyHandlerlChecking or Regular
Shares. I may also make a cash advance from my Personal Servitx Loan it I
have a PSL approved and in place. I further understand 1 may use the Money
Access Card to purchase goods and services ("Purchase") at any retail
establishment ("Merchant") where Money Access Cards are accepted by such
Merchant if I use the Money Access Card to make a Purchase or obtain cash, if
permitted by the Merchant, I shall be requesting you to withdraw funds in the
amount of such Purchase (including any cash received from the Merchant) from
my MoneyHandler/Checking Shares and directing or ordering you to pay such
funds to the Merchant
I request that you provide to me such other services or access to other ATM
systems or networks using the Money Access_Card which You may later make
available and which You advise me are offered in connection with my account(s)
set forth on my application form. rovide access to additions aocountstiof mine
rrrayrequest in writing that you p
through the Money Access Card you have issued to me. I agree that the uses of
and regulation~seof each accountt whi ich accessed byt such card ubjeil to the rules
USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH MONEY ACCESS
CARD - I understand that.a Money Access Center or a PLUS System ATM is an
automated teller. h can and will perfom many of the same tasks as a human
teller. 1 acknowledge that the Personal Identification Number or PIN which I use
with the Money Access Card is my signature. ident~es the bearer to the Money
Access Center, PLUS System ATM, or other network ATM and authenticates and
validates the directions given just as my actual signature and other proof identrfy
me and authenticate and validate the directions to a human teller. I also
understand that a merchant which accepts the Money Access Gard fo`ated or
Purchase transaction may have an electronic terminal (Merchant-ope
seH-service) which requires the use of my PIN and when my PIN is used at a
Merchant's terminal, it will authenticate and validate the directions justous my
actual signature will authenticate and validate my directions given to y
acknowledge that my PIN is an identification code that is personal and
confidential and that the use of the PIN with the Money Access Card is a security
method by which you are helping me to maintain the security of my account(s).
Therefore, I AGREE TO TAKE ALL REASONA9LE PRECAUTIONS THAT NO ONE
ELSE LEARNS MY PIN.
HOW TO CONTACT MONEY ACCESS SERVICE - I agree to contact the Money
Access Service immediately if I believe the Money Access Card or P1N has been
i lost or stolen or that an unauthoraed transfer from my account has occurred or
might occur, by phoning, and by confirming such information in writing:
MOney ACCBSa SeNICe
(717) 234-8484 in Harrisburg
(800) 237-7328 (TTD) Nationwide
(717) 777-2100 (TDD) in Harrisburg
(600) 472-1967 (TDO) Nationwide
(800) 222-2781 in Pennsylvania
(800) 523-4175 in other states
CHARGES • I agree to pay the 50 cent penally charge on any cash disbursement
transaction (loan advance or share withdrawal) that is less than S20. I agree to
pay a 25 cent charge on each balance inquiry.
I agree to pay the charges or tronsailion fees which are charged by you for these
services or for services which may later be offered as such tees or charges may
be imposed of changed from time to time.
DEPOSITS - I agree that when I make a deposit at a Money Access Center that
you have the right to verify the deposit before you make the money svsilsble to
me. K I deliver cash. checks or other Rems to a Money Access Center, I
understand and acknowledge that the funds from my deposit may not be
available for immediate withdrawal and that the availabil'Ry of my deposit shall
depend on your rules and regulations regarding the particular account in which I
am making a deposit, the items that I am depositing and whether the deposit is
made at a Money Access Center that is owned by you or another financial
institution. I also understand and acknowledge that not all Money Access
Centers may accept deposks and some Money Access Centers may limit the
amount of funds which may be deposked and you may not control these limits.
LIABILITY - If the Money Access Card is issued for a joint account, we agree to
be jointly and';everolly liable under the terms of this-Agreement and the
agreement for such account.
I agree that if I make deposits or payments to my account(s) with items other
than cash (checks, drafts or other items) and you males funds available to me
from such deposts prior to their collection, I agree that you may deduct the
amounts of such funds from my account(s) which are not collected or, if the
funds in my account(s) are insufficient at such tirt+e, I will promptly pay to you any
amount of such funds which are not collected.
AMENDMENT OF THIS AGREEMENT • I agree that from time to time you may
amend or change the terms of this Agreement including amendments or
changes to add further Money Access Card services or to amend or change the
charges for these services. You may do so by notifying me in writing of such
amendments or changes and my use of the Money Access Card after the
effective data of any such amendment or change shall constitute my acceptance
of and agreement to such amendment or change.
OWNERSHIP - I agree that the Money Access Card is your property and I will
surrender it to you upon your request. I agree that the Money Access Card is
non-transferable.
MONEY ACCESS CARD DISCLOSURE STATEMENT - PSECU believes you will
find using the Money Access Centers helpful and convenient. The purpose of
this Disclosure Statement is to inform you of certain rights that you have under
i the Electronic funds Trans{er Act.
MONEY ACCESS CENTER SERVICES • You may use your Money Access Card
j with your Personal Identification Number (PIN) at Money Access Centers located
in Delaware, Maryland, New Jersey, New York and Eastern Pennsylvania to
conduct any of the following transactions for the accounts accessed by your
Money Access Card.
Electronic Funds Transfer MAC Agreement and Regulation 'E' Disclosure
(cEntinuedJ
(a) Determine the account balance(s) of your MoneyHandler!
Checking, your Regular Shares and your Personal Service Loan.
(b) Withdraw cash from your MoneyHandler/Checking and your
Regular Shares.
(c) Make a cash advance from your Personal Service Loan.
(d) Deposit curtenry, checks. or drafts (coins are not acceptable)
in amounts less than 510.000 for transmission to PSECU for
deposit in your MoneyHandler/Checking and your Regular
Shares.
NOTE: Deposits may not be made in Money Access Centers
located in Maryland or New York.
(e) Make loan payments at PSECU's Strawberry Square Revenue
of Service Center, the Capitol Complex, or 1 Credit Union Place
Money Access Centers by enclosing cash, checks, or drafts and
the payment coupon on those items that are normally accepted
at the office of the Pennsylvania State Employees Cred'd Union.
(i) 'from your MoneyHandlerlCheeking to your Regular Shares or
Personal Service Losn (PSL);
'from your Regular Shares to your MoneyHandler/Checking
or Personal Service Loan (PSL);
'from your Personal Service Loan {PSL) to your MoneyHandlerl
Checking or Regular Shares.
We wish to thform you that some Money Access Centers located in these areas
may only provide access to your MoneyHandler/Checking, your Regular Shares,
and your Personal Service Loan. Not all Money Access Centers may accept
deposits. There may also be limits on the amount of funds which you may
deposR in certain Money Access Centers.
In addition, you may use your Money Access Card with your Personal Identfice-
tion Number at Money Access Centers located in New York to withdraw cash or
make a cash advance or otrtain the available balance from your MoneyHandler!
Checking, your Regular Shares, and your Personal Service Loan.
TRINET (MAC WEST) SERVICES -You may use your Money Access Card with
your Personal Ident~cation Number at Money Access Centers located in
Western Pennsylvania, Ohio and West Virginia for the services described below.
These Money Access Center services are provided through Tri-State Network
Association, Inc. ("MAC WEST" or "TRINET') and its participating financial
institutions. You may request any of the following transactions for the accounts
accessed by your Money Access Card.
(a) Determine the available balance(s) from your MoneyHandler/
Checking, your Regular Shares. and your Personal Service
Loan (PSL).
NOTE: MAC West only gives daily available balances (maximum
daily available balance - 5300).
(b) Wthdraw cash from your MoneyHandler/Checking and your
Regular Shares.
(c) Make a cash advance from your Personal Service Loan.
(d) peposR currency, checks or drafts (coins are not acceptable) in
amounts up to a total of 55,000 for transmission to PSECU for
deposit in your MoneyHandledChecking and your Regular
Shares.
(e) Payments are not accepted at MAC West ATMs.
(f) transfer funds:
from your MoneyHandler/Checking to your Regular Shares or
Personal Service Loan (PSL);
• from your Regular Shares to your MoneyHandler/Checking or
Personal Service Loan (PSL);
• from your Personal Service Loan (PSL) to your MoneyHandler/
Checking or Regular Shares.
These are the Money Access Center services currently available through MAC
West. Other services may be offered in the future.
PLUS SYSTEM SERVICES -You may use your Money Access Card and your
Personal Identification Number (PIN) at any PLUS System automated teller
machine (PLUS SYSTEM ATM) located throughout the United States, Pueno
Rico, Canada, Great Britain, and Japan to conduct any of the following transac-
tions on the accounts accessed by your Money Access Card.
(a) Determine the account balance(s) of your MoneyHandlerl
' Checking, your Regular Shares, and your Personal Service
Loan (PSL).
(b) Withdraw cash from your MoneyHandlerlChecking and your
Regular Shares.
(c) Make a cash advance from your Personal Service Loan (PSL).
(d) Deposits are not available through PLUS System ATMs.
(e) Payments are not accepted at PLUS System ATMs.
(f) transfer funds:
' from your MoneyHandler/Checking to your Reoular Shares or
Personal Service Loan (PSL);
from your Regular Shares to your MoneyHandler/Checking or
Personal Service Loan (PSL);
• from your Personal Service Loan (PSL) to your MoneyHandlerl
Checking or Regular Shares.
These are the Money Access Ce^ter services currently available through the
PLUS System network. Other services may be offered in the future.
HONOR SYSTEM SERVICES -You may use your Money Access Card with your
Personal Ident"fiication Number jPIN) at any HONOR automated teller machine
(HONOR ATM) bcated throughout Florida and other areas where there are
HONOR ATMs. The following transactions may be done on the accounts
accessed by your Money Access Card.
(a) Determine the account balance(s) of your MoneyHandler!
Checking, your Regular Shares and your Personal Service
Loan (PSL)
(b) Withdraw cash from your MoneyHandler/Checking and your
Regular Shares.
{c) Make a cash advance from your Personal Service Loan (PSL).
(d) Deposits are not available through HONOR System ATMs.
•(e) Payments are not accepted at HONOR System ATMs.
(f) transfer funds:
' from your MoneyHandler/Checking to your Regular Shares or
Personal Service Loan (PSL);
• from your Regular Shares to your MoneyHandler/Checking or
Personal Service loan (PSL);
• from your Personal Service Loan (PSL) to your MoneyHandlerl
Checking or Regular Shares.
These are the Money Access Center services currently available through the
HONOR System network. Other services may be offered in the future.
OTHER ATM NETWORK ACCESS -From time to time, PSECU may make
arrangements wkh other ATM networY.s to grant access to Money Access Cards.
PSECU shall inform you when such arrangements are made and describe the
servitxs that are available to you. Any charges will also be described.
PURCHASE TRANSACTIONS -You may use the Money Access Card to purchase
goods and services ("Purchase") at any retail establishment ("Merchant") where
Money Access Cards are accepted by such Merchant The amount of alt such
Purchases will be deducted from your MoneyHandler/Checking Shares. When
you make a Purchase using the Money Access Card, you will be requesting
PSECU to withdraw funds from your MoneyHandler/Checking Shares in the
amount of the Purchase and directing PSECU to pay these funds to such
Merchant.
NOTE: When using a VfSA/MAC card to purchase goods and services at any
retail establishment, your purchases will be charged to your VISA account.
LIMITAT1ON5 ON THE USE OF YOUR MONEY ACCESS CARD -You may withdraw
up to S300 per day from one or a combination of your accounts by using a Money
Access Card provided the funds available at a Money Access Center, PLUS
System or HONOR ATM. In addition. you may withdraw up to 5300 at point of
sale bcetions. 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
daly (imitations on the frequency of use of the Money Access Card. However,
these limitations are not revealed for security reasons. The Pennsylvania State
Employees Credk Union is not obliged to maintain such limitations.
You will be denied uce of your Money Accecc Card if you exceed the daily
withdrawal/purchase limft, do not have adequate funds available in ycur account,
do not enter the correct Personal Identification Number (PIN), or exceed the
frequenry of usage limitation. The receipt provided by the Money Access Center,
PLUS System or HONOR ATM, or Merchant terminal will notify you of the denial.
There is a limit on the number of such denials permitted. Attempts to exceed the
IimR will result in machine retention of your Money Access Card. The number of
attempts that result in machine retention is not revealed for security purposes.
CHARGES FOR TRANSACTIONS -There are no charoes for PSECU Money
Access Card transactions of 520 or over. A penally charge of 50 cents will be
imposed for each cash disbursement transaction (loan advance or share
withdrawal) that is Tess than 52D. PSECU does reserve the right to impose and
change a tee schedule from time to time and to charge your account in
accordance with the fee schedule that will be provided to you at least twenty-one
(21) days prior to the imposition or change in assessment.
ADDITIONAL DEPOSIT INFORMATION -Deposits made at Money Access Center,
are posted to your account(s) according to the rules and regulations of those
account(s) and PSECU's funds availability policies, which are contained in our
disclosure statement required unoer the Expedited Funds Availability Act
("EFAA"). A copy of this statement has been provided to you or is available upon
request. You may not deposit any foreign currency. All deposited items are
removed from the Money Access Center before 3 p.m. each business day.
i
tronlc t:unds Transfer MAC A regiment and Re ulation "E' Disclosure ~1
Elec
(continued)
!
lvania State Employees Credd Union reserves the right to verify the
If ou tell PSECU orally, you must send your complaint or question in writing
Y
within 10 business days. PSECU will tell you the results of the investigation
H N
The Pennsy
items so deposited before such funds are made available to you. However. you
t the amount deposited up to a maximum of 1DD percent of
i
~'
within 10 business days for Money Access Center, PLUS System or
or 2D business days for Purchase transactions after PSECU hears
tions
ns
may withdraw aga
the deposit or 53D0, whichever is less. When all of the deposited fund ~~come
30D
to
i
d ,
transac
from ou. Any error will be corrected promptly. If PSECU needs more time, rt
Y
PLUS System or HONOR
t
C
.
_
up
te
available, you may withdraw against the entire amount depos er,
en
may take up to 45 days for Money Acoess
s for Purchase transactions to investigate your complaint
90 da
i
deliver cash, checks, and other items at most IJloney Access Centers
You may
laware for transmission to us for
D y
ons or
transact
or uestion. tt PSECU decides to do this, tt will recredtt your account within 10
q
PLUS System or HONOR
cess Center
A
e
located in Pennsylvania, New Jersey and
deposit in your account(s). However, some Money Access Centers may not
cess Centers may limn i
A ,
c
business days if it is a Money
transaction, or 20 business days rf tt is a Purchase transaction for the amount
of the money during the time a takes to
h
c
accept such items for deposit and certain other Money
the amount of funds you deliver for transmission to PSECU for deposit in your
Centers located in
A e use
ou think is in error. You will have t
complete the investigation. If PSECU does not receive your complaint or
PSECU may not recredit your
s
y
d
ccess
accounts. You may not deliver such items at Money
t of the funds contained in your ,
ay
uestion in writing within 10 business
Maryland, New York or West Virginia. If the amoun
e differs by more than St from the amount you have indicated to
lo account.
siness
b
h
p
depostt enve
the Money Access Center, PSECU will adjust your account(s) to reflect the u
ree
It PSECU decides there is no error, you will be advised within t
You may ask for copies of the
d
amount received and advise you of any difference. .
days aRer the investigation is complete
ments PSECU used in the investigation. It PSECU credits your account
U
RECORD OF TRANSACTION -You will receive a printed receipt at the time of the
or HONOR ATM, or
stem
S S docu
wtth funds while investigating an error, you must repay those funds if PSEC
d
.
y
transaction for each Money Access Center, PLU
will receive a monthly statement
Y .
concludes no error has occurre
ou
Purchase transaction that you make.
the status of your account(s), transactions made during the past DISCLOSURE OF ACCOUNT INFORMATION -PSECU will disclose information
rti
showing
month, and any penalties or charges PSECU may impose for such services or es:
at~ut your account or the transactions you make to third pa
to complete transactions:
a
transactions. ry
(a) where tt is necess
(b) to verify the existence and standing of your account with PSECU
LIABILITY FOR UNAUTHORIZED TRANSFERS • Contact PSECU or the Money
Access Card or Personal
M upon the request of a third party. such as a credit bureau;
emmeM agency or court orders:
oney
Access Service immediately if you believe your
Idenfication Number (PIN) has been lost or stolen. Telephoning PSECU at
(717) 777-2100
ide
i (c) 1o comply with gov
(d) m accordance with your written permission;
nt or administrative agency summonses.
i
,
onw
(717) 234-8484 in Harrisburg, (SOD) 237-7328 Nat
(800) 472-1967 (TDD) Nationwide during business hours
b
i wtth ovemme
(~) to comply g
subpoenas or orders, or court orders; and
rtment
d
urg,
s
(TDD) in Harr
or Money Access Service at (800) 222-2781 in Pennsylvania, or (800) 523175
m
im
i epa
i (f) on receipt of certification from a Federal agency or
n is in compliance with the Right to
ti
.
n
u
in other states is the best way to keep your losses to a m o
that a request for informa
Financial Privacy Act of 1978.
You could lose all your money in the account(s) if you take no action to notify
our Moray Access Card or PIN. It you notify PSECU of the
f
l ECU's LL4t31LITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND
time or
i
Y
oss o
PSECU of the
loss, your liability is as follows:
ou contact PSECU within two business days of the loss or
If on on
TRANSFER TRANSACTION - It PSECU fails to complete a transact
in the eorreG amount, when properly instructed by you, PSECU will be liable for
y
(a)
your discovery of the loss. you can lose no more than 550, tt
Access Card and Personal
ne
M damages caused by our failure unless:
re insufficient funds in your account to complete the
h
y
o
someone used your
Identification Number (PIN) without your permission. ere a
(a) t
I transaction through no fault of PSECU;
(b) If you do not contact PSECU within two business days after you
rove that tt could have
SECU can (b) the funds in your account are uncollected;
our account are subject to legal process;
in
d
p
team of the loss, and P
revented the loss if you had contacted PSECU, you could Icse y
s
(c) the fun
(d) the transaction you request would exceed the funds in your
p
as much as 5500 if someone used your Money Access Card
t~cation Number (PIN) without your
l Id aocouM plus any available overdraft credit;
the Money Access Center, PLUS System or HONOR ATM has
en
and Persona
permission.
ent shows transactions or purchases (e)
insufficient cash to complete the transaction;
r card has been reported lost or stolen and you are using the
(c) H your monthly statem
that you did not make and you do not contact PSECU within
ment was mailed to you, may not
t (~ you
reported card;
pSECU has reason to believe that the transaction requested
e
60 days otter the sta
get back any money lost if PSECU can prove that your contacen^y, (g)' is'unauihorized;
ment breakdown that you knew
i
us would have prevented those losses. p
(h) the failure is due to an equ
about when you started the transaction at the Money Access
Safeguard your Personal Identification Numlxr (PIN). Do not tell or disclose
our PIN on your Money Access Card.
rite
t Center, PLUS System or HONOR ATM, or Merchant terminal;
re was caused by an ad of God, fire, or other catastrophe,
f
il
h
w
y
your PIN to any other person. Do no
written record of your PIN near your Money Access Card. a
u
e
(i) t
or by an electrical or computer failure or try another cause
Do not keep a
BUSINESS DAYS - PSECU's business days are Monday tnrougn Friday. beyond control;
~) if you attempt to complete a transaction at a Money Access Genter,
pLUS System or HONOR ATM, or Merchant terminal that is not a
Holidays are not included.
ESTIONSA
~
~
2
0
T
0
permissible transaction listed above; or
the transaction would exceed security limitations on the use of
k
INCASEOFERRORSOR(3U
BO 23
00 (TDD).
g
(71~)7
-
7
732
Telephone PSECU at (717) 234-8484, ( ) )
(
your Money Access Card.
(800) 472-1967 or write PSECU at:
Pennsylvania State Employees Credtt Union
In any case, PSECU shall only be liable for actual proven damages ii the failure
bona fide error despite PSECU's
PO Box 67013 to make the transaction resulted from a
Harrisburg, Pennsylvania 17106-7013 rocedures to avoid such errors.
ent or receipt is wrong. or if you need P
t
em
as soon as you can tt you think your sta
tion about a transaction listed on the statement or receipt. pi6ECU
n
d
orr
a
more ir
must hear from you no later than 60 days after tt sent you the first statement on
h the
ber
hi
.
ce
m
d
~
.
c
num
w
ss Card
and Money Ac
number
name, account
{a~Your
nsaction you are unsure about, and
h
t
ra
e
(b) Describe the error or t
explain as clearly as you can why you believe it is an error or wh y
you need more information; and
(c) The dollar amount of the suspected error.
C R
•~ n
~°
G? a
V ~
Q1 ~
~_
~~
W ~
0
,~ 00
+~ 0.
C
a
a
W
~~
a
0
J
0
O
U
Q
y
c ro
N t
E v
v ~
c a
m
~ Y
N m
c m
w a
O C
m
~ E
~ m
,~. N
N ~
C Q
I
w
O (~ ~ O Q rn
Q N W ~ j
` ~~ z ; a ~ m m ,~nQ.
W c ~
~~ aF-~~i, o~~ ~ ~ ~•EE E~ c^Qi°ggi$nc$~igc4itQi°
~3~ ~ J~v,a ? ~ ~ o O c~= ~a
bN x ~£c ~ m~ E
c
~~ O ~m~ c •~ ~N~ g
E ~ N•=~ ~ a ~~~
0 0 `o = - cEo £ o`er-''
~ ~ ~ m.y-s rn E 'aU~ a,
~ ~
'g .n ¢ .~ ~ m ~ m ~ ~° d a C c
~~ g ~~ y o T ~ ~~ ~ ~ E g ~~gR8~~~R
~ a, m ~n~n m o o ~ w ~ ~ ° m ~~^'~'~
y~° a aNOO ~~c y° o poc Ea
p _ ~p CCa ~
N~ C O O ~^ O ~ m ~ Q .~ ~ ~
m m o 'r~ >,~ () C7~~
~~ ~ o o~ c~ m Z ~U
l11 J m
m Ema 3m m ¢~~
~~ ~~ ~ `~~ ~ O c ~ m
U~ a E rnm c~ m~ ZL 3 ~
G N Y .E m~ ~ y _M ~ Z~ m
,~ ° .c m m E o 8 E~ o~v to 8$88888,88$88.
ii a U ~.3 E Fii o' a~ Q u o m ~8s8s8$$$$$8
w~ ~ ~'~'c I-° °u, ~m~ E wu 00000 00
V' C 3 ..C W E N G y0- E C ~ ~ C N~001 W ~tONef lON"
Q~~-° d~ ~o°°,~ ~~ ui~ ~~~ a ~~ ooggoooooooa
V~~ sL a~`o ~.~ ~ m wQ~ ~ A~ o0Q0o05S0~0QS0Q0Q0Q0Q0~
z ~y aU ~ ~~ w m U a =~c^25 'e W E ~o?Sg25S2525252i25
Q m ~ C J w W ~, p~ J F- ^ 0 0) oD f~ t0 ~ sf M N
as a
Zorn Ny Z'tac Orn ~> w~$~ w
LL° ~n » ~~m U~o ~m I-Uo~ a
N
_ m
o~c~E
y ~ f6
~ `m m m
o m ~ E
m O m
m ~
~p y
m "O O
amp ~
O .D y 'nO
7 ~ m
C ~__
E hoc 8
V O U N
~Ero~
H`~.~rn
m t Q C
'"' m ~
s ~~ m
~mo~
m .c
a~ m~
~^ C p .m.
ltl m y c0
c~~ai
'v a ~ '~-
c ~ o
m~
'~ O
w m N
~~ o ~
m m
,~ E
C ~ .m f0
C! 'II
.V. N ~ O
a L'-i°o a~
A O C m t
U
C O d O
Q 8 € ~ ..
o $ E y
3
C
g`o$
E c 88,
.E E wNs
t8a
C_ ~ e e e
~ d s ~ ~
LL ` ~
cQa
dZ~Q
aQ~o~
V
.-'' ~
o `m x
a
j k
a Q '$
e~
aaEe
QFm-~
c e
v 'c.
c ~ 'c
O ~
J N
~ ~
~no~i,n°fi~~yav~ o~~o o°a,° nn~Nr°io, `u~,~~
MN V1 HNH H d! N NN H ~ H N N ~ H ~y y.-
~~0~1 ~~O~i, W OJ ~ O/O~i S1 Y110~i, OXi•~O 00 Q
1~n-OO~N nNCO 1p mm OOOO~I ~ ~~N
~~~~m~ ~~~ ~~~ ~~~~~ ~~~
s~g~sg ss"g s" ss"s""~ s~~ss s~~
000000 000 00$ o 00 0
E
0
0
e~ {{pO 11pp ro aa
tAn tOD Yf")N ~n W
0 000
N N CV N
u
a m
a.
R c
a~
c
A e
o
a m
~~
~`o
~~
w
`~ E
~ o
~°- a.
c
a
~ ~3
ii
2
t o $°d=
c 'r°. L~ Fa
~ °f -. g= ~~t o<
N t Y
qq...4 m.~ Np E$'qp. u c
c=io `~-SE~w~a`
O~i~~ ~ ~ ~ ~ ~ B ~ u
•~
~.
~ 9 C
C
~-~ ~i ~.c4~ o Y1.e
~" m~v.°$g'.~
~~ m~8 ~p$c~~S
f7 m~ ~~~'ympiN Bo vg ~~u~
O ~ ~ .~ o ~ s ~ ~ ~ ,
u
8N8~~9j~a
~ < ~ ; c € °a : m ~
and sc~~gLBs~ T
o? B~ E~ ova ~ 8
° +~ ~~~~~°
mo
.E
p e~p 7F
~O C~ aD~~l07r ~I COy X ~h '
o= .~
>_ e8
'.427~~'.6 0 ~ u`
v v ~~ ~^ ~L ~~a¢ ~~ ~L~
roo
m gg 2 ~' $~ m o e~ t~ y C~ o
`~°'mm`C 888 m`m"r~Z
~ O O O LR .2• d N m _b O O~ m
ms ~ ~~ ros m33 0 ~~ro'~~~~io.'v ~o~~
a ~ S s > > ~,~ a ~ ~ ~ N > > ~ Q ~ c o
0
w o ~ b d~ m $$ ~LSgcC a~s~
_ ~ mo gg~
~ jO N oppp ~ ~ TT~.~ ~'~uj O .J ~O y
O yN M6'!VOl~F b N N ND W ~p ~p N ^~i(7 c~ o y d^ >
O MN ~ ~V1 MM J a.~ HO
a
QZ 7 ft Qy
a s~"$~~~$'°~
~
`
=aY~
gt~~~a
_
_
yy
~ ~.~
a
-
n ~
o
~ ~
~
E
> ~ -~ . 4 M1R
~
w CCC,,
P ` K Y q ~, t
DU~~
wq~w~o
0
Q
~jF C OL A i.
1tY.~d
OOlI
F
F
-- F-
.
a
,.
ID W V W N A W N ~ O tD OD J O UI A W N S O t0 OD V 01 f7l A W N+ 1
3
JJ ppp OD OD fD •tttpppp~ Np ps~ ~j yW~ ApAN~N VONpD _~ W tAWO N~ppW~~A_ ~
~OV tl10JDA+~ OO~~~AAO~~ ~01~10~~~~O GD~ff1 ~p
ptp~~~i (i~iA~i l\7~0lD OO V Of cliA WN~O~~ V OI (ilACli ~` -4+~ •
3
(N~NNNNt NN~Np jNW ~W,7 W O~Wp~NAApp~~~Ap'~~~~A~~~+A ~
ONO~~fW71 ODW W~O~~I~ANV W A 10 OD O W
~f$~v~$;$°Q$($~'~~a~~a~cyi Act. n~~~~~,°~Si~i~'~~~ 3
O) A N O ~
AtDAOfhO~N W AOOJ1~fO~A+OOTAN~vp+~fj p+~ ~i-N+N m
N ppppop oo000p~p~p~c ~omm~oco ~
O tO OD VOf (TA WN+Ot~OGJW C71A W N-+S(p aD V ~iNA W N+ 3
COtO~ppp ~pOp ~pCpOOOtO~~CpOOC WO ~OaONOOOtpOp~cOpOCOOO~Cp [Opp p~~
NOODNfJ~VNNO~O W OND~AOO GJ OIO~f~O W vO~~tW71 tD WO~fOJ~O ~p
~iLhd! , ~s~
1 L~~ ~1 ~
J ~ Q-S .SS,~
ll ~1~1 "„'V.-~11
A'~,~r ~ __ '6r~~'1.~
t ~ :~ ~~d ~r- ~~a ~~~Z
~t~1~;V:lr;.~~;~~ ~~
~~i~~~? ~-C~71 ~ ~Q
_v ~
~,
o'm
H Yy
C ~
n
~ ~.
O
~ ~
~•
N
8~
<~
m n
`~ ~
~ w
%5; Q
.~ ~ ~ ~
0 -D ~ ~ ~ o ~ ~c T-{
0~~
~ ~ Sv ~
~ O p= 0 C (D
C C
~
•~
X'~ ~
=
(D
a
~
~ ~O•
O
m
N ~ f=) O
~~ cD
'~ _
n
~
~ S ~ ~. j (gyp
~
o
~0
~~
~ ~
~ i~
s~ a
a
mm~~~3m
~
_
~ 0
0
O
O
~ O
~ ~
O d
~
W
~
N
c
S
fD ^~ O
O cCCD O
O
O C G1 C
p =. O ~ E N O H O C rn
?n•C d
N CD
~ C x ~~ O.~
~ 64 (D (A•N
~• O N• O
w
`~
O O
O O~ N N O- Q'
y
~- ~' N
C
d 7
~
~ 0~
(D
3
~ ~ ~' °
~
o °'
~ > j c ° O ~ ~
o
~
•
~
(D
o i
n c
~
o o ~ ~-
~ ,~„` S ~ cD ~ ~ ~ !Q G1 ~ to
N
c
~
o n-
C o ~ o ut ~
3
-
m
• i
n ~ m o v o v w
&a00 c~
.rw ~-
O O
~ O x w ~-. N
•O pi m o.~
~ N
~p
?
o
ww
o c ,v -.
~ox~~o-
c
o
o ~ x
~
~ ~
~ ~ o ~c ? ~ m
.
.. ~
~ _
C O
• '' -I
C 7
O) ~ ~ ... Q1
~ -. N
~
n' ~' O O w ~ ;n'
O~ ~co
,~ p ~ ~ 6A~ A3 ~
~~ m
m ~ c p1 ~aQO cn
m ~ a°
'
~
~
, w
O
a ~ ~ .c
~
~
.O~. N ~
o -•v N
~ (D cD ~ ~ C
3 -~ D o ~
~ O
~
~
n (D ? ~
~~ ~ (D A~ n
^,,
3 ? ~
o ° ~ ~n`~n°
~`D ~ ~
N
fD~'..~ ~
,
~ ,
~<m~
°o
~
~~,•3x
•
~ n
~c m
i
~~<~fDOn~
O 6A(ry C ~,
~ cp
~ ~~ ~~~~
C W
°
~ , ~p O p N p
•
a
o
o
o Q. m
~ ~
~ ~~c n> j
O
~
O 7 C lD
?
~ O
~
'-C C ~ •D _
1 S
C ,,,.
~
~wo~
a fD C
m~~~•~~3
(D (D ~ j
• N CNON~•S
O
N
~
_+• ~ O
-, a
n' C N~
GJ
C
o v O ~
O
~ ~ N O O
O
~
~
Q7 ~
O
~. o
a
~ _a
_.~~ _• ~ ~ O ~~p Qc~
0 -~ `~ ~ ~ X j d~ c
D O
c ~ ~ m
3 ~
0
•° v ''' °o ~ ~
v-~•N c ~ ~~ Oo ~~
c ~
~~ m ~
3~ ~,
~ ~ ~ ~ `~ ~ ~
0~
A O d cD
p ~
3
~ ,-« O~ ~~
`°
v ~
~
o
N 4
. C cn
O m o ° ~ ~-
n v, ~ c~ T~
c
D
O fD ~
Q
o ~ m ~ (
n
-~~c
X (O ~ `< ~ ~ ~
~ O
O N O C O . ?
n
N~ 'fl O
N=
~
A ~,C ~ ~ (
D
~ O ~ ~
N
v _
~
O ~ c ~ ~ ~ c m ~ ~'
O n O~ O~ O~ 0 0
O ~
O
--~• ~,
f
~ ~
air
O
7
(7ft ~• C
C7 ~ _
~ ~ c
N ~. 0
~• ~ c
~4
W
~a
O
~e
PENNSYLVANIA STATE EMPLOYEES FEDERAL
CREDIT UNION
PLAINTIFF
VS.
FRANK M. HEREDA
DEFENDANT
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO . A•C~6'S".~9 CIVIL TERM
CIVIL ACTION - LAW
Please enter the appearance of Leon P. Haller AND Purcell, Krug &
Haller as attorney for Defendant, Frank M. Hereda, in the above captioned
action
PURCELL, KRUG & HALLER
Leos P. Haller, Esquire
Attorney ID #15700
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Dated: January 16, 2007
_,.,
~:
~
~.
.
,
. -~ rn
'
;
! ^ ~ f
: ~
~
y.. f _.
.. - .
f
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION
Plaintiff
vs.
FRANK M. HEREDA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: D~-(o95~0
NO. ~~=f~9~CIVIL TERM
CIVIL ACTION LAW
DEFENDANT'S ANSWER TO COMPLAINT
AND NOW comes Defendant, Frank M. Hereda, by his attorneys, Purcell,
Krug & Haller and answers the Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Application was made by Defendant's former spouse,
Lynn Hereda. It is admitted that a copy of the form marked
Exhibit "A" was signed. It is denied that Defendant knowingly
agreed to pay for charges incurred by Lynn Hereda as same was to
be paid through her credit union account.
5. Denied as this information is within the sole knowledge of
Plaintiff.
6. Denied. This is a legal conclusion to which no responsive
averment is required.
7. There is no No. 7.
r
8. Denied. This credit card was used solely by Defendant's former
wife.
9. Denied. This credit card was used solely by Defendant's former
wife.
10. Denied. Defendant has no liability to Plaintiff.
11. Denied. Defendant never made any payments on the within loan.
12. Denied. This a legal conclusion to which no responsive averment
is required.
13. Denied. Defendant has objected to the claim of Plaintiff.
14. Admitted.
15. Denied. Defendant has objected to the claim of Plaintiff.
16. Admitted in part and denied in part. Defendant admits that
demands were made. Defendant claims that he is not liable for
same.
17. Denied. The loan account is with Lynn Hereda ?????
18. Denied. Defendant did not agree to knowingly repay any part of
this loan or interest charges.
19. Denied. This is a legal conclusion to which no responsive
averment is required.
...
20. Admitted.
21. Admitted in part and denied in part. It is admitted that Plaintiff
may incur additional reasonable legal fees. It is denied that
Defendant has any liability therefor.
22. Denied. After reasonable investigation, Defendant is without
sufficient information to form a believe as to the truth of this
averment and proof thereof is demanded.
23. Denied. This is a legal conclusion to which no responsive
averment is required.
24. Admitted.
WHEREFORE, Defendant requests that the Complaint be dismissed.
PURCELL, KRUG & HALLER
By:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Defendant, Frank
M. Hereda
Dated: January 29, 2007
VERIFICATION
I, LEON P. HALLER, ESQUIRE, Attorney for Frank M. Hereda verify that the
statements made in the foregoing Defendant's Answer to Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Owing to the time constraints involved, counsel for Defendant is signing this
Verification based upon information provided to counsel by Frank M. Hereda.
Leon P. Haller, squire
Dated: January 29, 2007
CERTIFICATE OF SERVICE
I, Leon P. Haller, Attorney for Defendant, Frank M. Hereda., hereby
certify that a true and correct copy of the foregoing Defendant's Answer to Complaint
was forwarded to the following individuals by regular U.S. Mail, first class service,
postage prepaid, on January 29, 2007, addressed as follows:
Melissa L. Van Eck, Esquire
Van Eck & Van Eck, P.C.
Post Office Box 6662
Harrisburg, PA 17112
Leon P. Haller
Dated: January 29, 2007
C~ r-~ C~~
--n
!.. ~~ ~
CC.._-- -T' K~
rS~' r -_-~ ._~
i
_, :~.-- , y
M~ i ,
i
~,~ ~
G7 4
~ ~
C
-
~
_
~ ~
_
ti 1
~„~
r t`~3 '=4
s' ~i '~"~ ^.1..
..ate (~,i'i
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
. NO. 2006-CV-6956
vs.
FRANK M. HEREDA
Defendant CIVIL ACTION -LAW
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, Frank M. Hereda for want of
ANSWER TO COMPLAINT.
(X) Assess damages as follows:
Debt -----------------------------------------------------------------$9,270.28
Attorney's Commission-------------------------------------------$1,879.06
Filing costs----------------------------------------------------------$to be determined
TOTAL--------------------------------------------------------------X11.149.34 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 fmal 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: ~ ~ D ~ Signature: Vl.
Melissa L. Van Eck, squire
Attorney for Plaintiff
7810 Allentown Blvd., Suite B, Hbg., PA 17112
(717) 540-5406
ID#: 85869
NOW,~~a~c ~h ~ 200
JUDGMEN IS ENTERED S ABOVE.
P thonotary/ ivi ivision
y~
Deputy
Document #: 180057.1
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
NO. 2006-CV-6956
vs.
FRANK M. HEREDA
Defendant CIVIL ACTION -LAW
TO: FRANK M. HEREDA
86 North 41St Street
Camp Hill, PA 17011
DATE OF NOTICE: January 16, 2007
IlVIPORTANT 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE.
Dauphin County Lawyer Referral Service
213 N. Front Street
Harrisburg, PA 17101
(717)232-7536
,.
BV: ~I
'J Melissa L. Van Ec , squire
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.
FRANK M. HEREDA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2006-CV-6956
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
Document #: 180057.1
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff .
. NO. 2006-CV-6956
vs.
FRANK M. HEREDA
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, Frank M. Hereda, above named, is not a
corporation and is 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.
r
By:
Melissa L. Van Ec ,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
Notary Public
Document #: 180057.1
Magfsteria! Dis~ri4t JuagF boy C. ~ric~ges
yt~~nty c~ Qaulhin
Vii;:-isteria! Qistri44 le""-~-G~
7~I~~ ~!lento~rn you?•uard
Harrisburg, P~ 17112
My Commission Expires 1-2-2012
•_ 1~
V
Iv
~'
l
~_~^]
a
! _
O
~+
("
'`
r_.
f
~~
N
C".~3
t„~
fJ
~~
N
t
V
-r~ir,
rj
r1
', C'S"1
-C
PENNSYLVANIA STATE EMPLOYEES:
CREDIT UNION,
Plaintiff
vs.
FRANK M. HEREDA
Defendant .
TO: Frank M. Hereda, Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2006-CV-6956
CIVIL ACTION -LAW
You are hereby notified that on „ 1 ~~~3~_.2oG 7 ,the following
(9~de~) (Degree) (Judgment) has been entered against you in the above captioned case for our
failure to file an answer to the complaint A Judgment in the total amount of $11,149.34 plus
costs is hereby entered.
DATE: ,~ D d
I hereby certify that the name and address of the proper person(s) to receive uus noucc ~~:
Frank M. Hereda
10 Margate Drive
Hummelstown, PA 17036
A: Frank M. Hereda, Defendant, Defendido/a (Defendidos/as)
Por este medio se le esta notificando que el
del
de
el/la siguiente (9Fden) (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 segue indicada en el certificado
de residencia:
Frank M. Hereda
10 Margate Drive
Hummelstown, PA 17036
Document #: 180057.1
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06956 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE EMPLOYEES
VS
HEREDA FRANK M
WILLIAM CLINE Sheriff or Deputy Sheriff f
i
Cumberland County,Pennsylvania, who being duly sworn acco'~ing to law,
says, the within COMPLAINT & NOTICE was served upo,~
HEREDA FRANK M ~ the
DEFENDANT at 1745:00 HOURS, on the 11th day of Dec
at 86 NORTH 41ST STREET
CAMP HILL, PA 17011 by handing to
FRANK HEREDA
a true and attested copy of COMPLAINT & NOTICE tog
r 2006
er with
and at the same time directing His attention to the conter~t~~s thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.68
Postage .39
Surcharge 10.00
.00
38.07
!~a 3~v .i
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
12/12/2006
VAN ECK & VAN ECK
By ~~%~ ~~
~2~ ~
Deputy Sherif
A.D.
2006-CV-6956
?t ,
?„-1 C Tx .
LBI Efek -9 P'l )'
v
1 `8ERLA b- COUt I
PENNSYLVANII
Melissa Van Eck, Esquire
Court I.D. No. 85869
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-5950 Attorneys for Plaintiff
(717) 232-5000 Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
FRANK M. HEREDA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2006-CV-6956
PRAECIPE TO WITHDRAW APPEARANCE
Kindly withdraw the appearance of Melissa L. Van Eck, Esquire as counsel for
Pennsylvania State Employees Credit Union in the above-captioned matter.
By: q)5)j-,w U. &2r)
Melissa Van Eck, Esquire
Court I.D. No. 85869
3401 North Front Street
P.O. BOX 5950
Harrisburg, PA 17110-5950
(717) 232-5000
Date: '?-// / /_'a
3550724.1
No. 2006-CV-6956
' IJIIBERLAND G0U,`1T`r'
PE NSYL'JAO,.
BARLEYSNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602 Attorneys for Plaintiff
(717) 299-5201 Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
FRANK M. HEREDA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2006-CV-6956
PRAECIPE TO ENTER APPEARANCE
Kindly enter the appearance of Shawn M. Long, Esquire as counsel for Pennsylvania
State Employees Credit Union, regarding the above-captioned matter.
Papers may be served at the address set forth below.
c ?I
Date: ( c ,
BARLEY SNYDER
By: /;??l
hawn M. ong, Esquire
Court I. Y. 83774
126 East King Street
Lancaster, PA 17602-2893
717.299.5201
3550727.1
2006-CV-6956
i
- f }10
--
1 1 E L jD COUNT`(
PENNSYLVANIA
BARLEYSNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602 Attorneys for Plaintiff
(717) 299-5201 Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V.
FRANK M. HEREDA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2006-CV-6956
PRAECIPE
Kindly mark the above-captioned matter settled, discontinued and ended, with costs paid,
without prejudice and judgment as satisfied.
BARLEY SNYDER
By:
Shefwn M. Long, Esquire
Court I.D. No. 83774 /
Attorneys for Plaintiff,
Pennsylvania State Employees Credit Union
126 East King Street
Lancaster, PA 17602
(717) 299-5201
35548161