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Home My WebLink About07-5912ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 171108-1848 (717) 238-7159 Attornev for Plaintiff COMMERCIAL ACCEPTANCE CO Assignee of Americhoice F.C.U. Plaintiff v KAY BURTON formerly known as Kay R. Schmidt Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-1- CIVIL T-? ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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 by the court without further notice for any money claimed in the complaint or for any other claim or 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se prese:ntan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos jveinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personblmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteribrmente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBe LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. $1 USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. TESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGOR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OI SOBRE AGENCGENCIAS QUE OFRIEZCAN SERVICIOS LEGA ES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 COMMERCIAL ACCEPTANCE CO Assignee of Americhoicce F.C.U. Plaintiff v KAY BURTON formerly known as Kay R. Schmidt Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT The Plaintiff, COMMERCIAL ACCEPTANCE CO., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FOUR THOUSAND SEVEN HUNDRED NINETY-FIVE DOLLARS AND THIRTY-THREE CENTS ($4,795.33), along with interest thereon at the rate of 15.0% from September 27, 2007, upon a cause of action of which the following is a statement: 1. The Plaintiff, COMMERCIAL ACCEPTANCE CO, Assignee of Americhoice F.C.U., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2 West Main Street, Shiremanstown, Pennsylvania 17011. 2. The Defendant KAY BURTON formerly known as KAY R. SCHMIDT, is an adult individual resid?ng at 1090 Grandview Drive, Pine Hill, New Jersey, 08021. 3. On or about June 1, 1988, Defendant submitted a Personal Loan Application to IBM Pennsylvania Employees Federal Credit Union at 180 Kost Road, Mechanicsburg, i I F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC.33713.wpd 2 Cumberland County, Pennsylvania, now known as Americhoice F.C.U., a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. Said loan application was approved at Plaintiffs place of business at 180 Kost Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. Thereafter, on or about June 7, 1988, Defendant signed a Promissory Note and Security Agreement, under seal, a true and correct copy of which is attached hereto, marked Exhibit 9'B" and made a part hereof. 5. On or about September 28, 2006, said account was sold to Plaintiff, Commercial Acceptance Co, as set forth on the Loan Sale Agreement attached hereto, marked Exhibit "C" and made a part hereof. 6. The Defendant defaulted on her obligation to make payments, by failing and/or refusing to honor the remaining contract payments. 7. The balance due and owing by Defendant to Plaintiff is the sum of Three Thousand Nine Hundred Ninety-Six Dollars and Eleven Cents ($3,996.11) as set forth Plaintiff's Statement of Account attached hereto, marked Exhibit "D" and made a part hereof 8. Due to the default of Defendant, and pursuant to the terms and conditions of the sealed Promissory Note signed by Defendant and attached hereto, attorney's fees in the total arlnount of Eight Hundred Sixteen Dollars and Ninety-Two Cents ($816.92) have been added to said account. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC.33713.wpd 3 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of FOUR THOUSAND SEVEN HUNDRED NINETY-FIVE DOLLARS AND THIRTY-THREE CENTS ($4,795.33) along with interest thereon as set forth herein. Respectfully submitted, KODAK & IMBLU , P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC.33713.wpd 4 .Personal Loan Application Account # IBM Serial # c?GG 7 -o1sc;2- THIS APPLICATION IS DESIGNED TO BE COMPLETED BY THE APPLICANT WITH THE LENDER'S ASSISTANCE. PLEASE READ THE FOLLOWING IECTIONS A D CHECK THE APPROPRIATE BOX BEFORE COMp?L[f?!ING THIS APPLICATION. CHECK y I) IF YOU ARE APPLYING FOR INDIVIDUAL CREDIT IN YOUR OWN NAME AND ARE RELYING ONLY ON YOUR OWN INCOME OR ASSETS AS THE BASIS FOR REPAYMENT, APPROPRIATE/ COMPLETE ONLY THE APPLICANT SECTION. BOX ? 2) IF YOU ARE APPLYING FOR JOINT CREDIT WITH ANOTHER PERSON, COMPLETE BOTH APPLICANT AND CO-APPLICANT SECTIONS. O 3) IF YOU ARE APPLYING FOR INDMDUAL CREDIT, BUT ARE RELYING ON INCOME FROM ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE OR ON THE INCOME OR ASSETS OF ANOTHER PERSON AS THE BASIS FOR REPAYMENT OF THE CREDIT REQUESTED. COMPLETE BOTH SECTIONS, PROVIDING INFORMATION IN THE CO-APPLICANT SECTION ABOUT THE PERSON ON WHOSE ALIMONY, SUPPORT, OR MAINTENANCE PAYMENTS OR INCOME OR ASSETS YOU ARE RELYING UPON. AYYIII.NrnI PURPOSE D AMT. REQUESTED SI11 UN EMPLOYER A ^?•• •° ` C JRY J Scher,. AT O IR7 DEPENDENTS -6- / ADDRES e'/J ) ^d/ J/,1 P ON - 7 70A G O J IE/LINE NE ? ITIO 3ti NUMBER /I STQE T r q 1) / ONE 3 /? nv PREVIOUS E 9 ecd, (A POS P/lr POST OFFIC 0 3 l.. STATE, ?1?0 rd ?AAL?11// y? HOW LONG ADDRESS I HOW LONG AMOUNT PREV OUS ^ DDR SS O LON ALIMONY CHILD SUPPORT OR SEPARATE MAINTENANCE INCOME NEED NOT E REVEALED IF J YOU DO NOT WISH TO HAVE IT CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION. /((,",II LORD R MOR G HO D R& DR S P SOURCE OF ADDITIONAL INCOME Q ? TOTAL NFjTWONTHLY)INC xl?() OWN ? ENT REC OED NA HOW L E DETERMINED EQUITY , ARDS LIST BANKS, A FINANCE WHOM INDEBTED ORIGINAL AMOUNT BALANCE PAYMENT PAYMENT TT / ROOM ? PURCHASE PRICE ORIGINAL MORTGAGE BALANCE _ ? {???? 35 BANK WITH y? r,/C? ?L C $AVINGSG ? J 30 J ? / /0?/1 MAKE AND MODEL CAR / Y EN k4RAANCE/HF,LD?Y O' 1 narf (/ Al i. 1 ?V LC•V ?C/?? 7 NEAREST R LATIVE - NOT IVII G WI PF{ E ADDRESS A/I e pe) 96 A rn-APPLICANT 4) RELATIONSHIP OF CO-APPLICANT TO APPLICANT, IF ANY e? REQUESTED AMT EMPLOYER PusnwN DATE . PURPOSE DATE OF BIRTH DEPENDENTS ADDRESS PHONE HOW LONG NET M0. SALAR APPLICANT STREET ' PHONE PREVIOUS EMPLOYER POSITION __. NUMBER STATE ZIP CODE HOW LONG ADDRESS HOW LONG POST OFFICE HOW LONG ALIMONY CHILD SUPPORT OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF AMOUNT PREVIOUS ADDRESS YOU DO NOT WISH TO HAVE IT CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION. LANDLORD OR MORTGAGE HOLDER & ADDRESS PRESENT VALUE SOURCE OF ADDITIONAL INCOME TOTAL NET IMONTHLY) INCOME OWN ? RECORDED NAME HOW VALUE DETERMINED EQUITY LIST BANKS, FINANCE CO.. CHARGE CARDS, ORIGINAL BALANCE PAYMENT RENT ? AND ALL TO WHOM INDEBTED AMOUNT PURCHASE PRICE ORIGINAL MORTGAGE BALANCE PAYMENT ROOM ? BANK WITH CHECKING ? SAVINGS ? MAKE AND MODEL CAR YEAR ENCUMBRANCE HELD BY NEAREST RELATNE - NOT LIVING WITH YOU PHONE ADDRESS 5) YOU ARE HEREBY AUTHORIZED AND DIRECTED TO PAY OUT OF PROCEEDS OF SAID LOAN, IF AND WHEN MADE, THE BELOW AMOUNTS TO THE PERSON AND/OR COMPANIES SHOWN. 6) I/WE AFFIRM THAT EACH OF THE STATEMENTS MADE HEREIN IS TRUE AND CORRECT AND MADE FOR THE PURPOSE OF INDUCING YOU TO GRANT THIS LOAN. YOU ARE HEREBY AUTHORIZED TO VERIFY ANY STATEMENT, OR TO OBTAIN SUCH OTHER INFORMATION AS YOU MAY DESIRE RELATIVE TO THIS APPLICATION. I/WE AGREE TO NOTIFY YOU OF ANY MATERIAL CHANGES IN THE FACTS STATED HEREIN AND GIVE YOU AUTHORIZATION TO RETAIN THIS APPLICATION FOR YOUR FILES. YOU ARE ALSO AUTHORIZED TO ANSWER INQUIRIES ABOUT YOUR CREDIT EXPERIENCE WITH ME/US. SIGNATURE F ANT S.S. NO. SIGNATURE OF CO-APPLICANT S.S. NO. 6 ///P ? MECHANICSBURG OFFICE 180 KOST ROAD Ar% P.O. BOX 2009 EXHIBIT MECHANICSBURG, PA 17055 717-691-2450 Tie Line 528-2450 PHILADELPHIA OFFICE 7 PENN CENTER PHILADELPHIA, PA 19103 215-864-7918 Tie Lane 943-7918 y y? i' , _ CONSUMER CREDIT DISCLOSURE FORM, PROMISSORY NOTE AND SECURITY AGREEMENT In this agreement the words "you" and "your" means each person who signs this agreement. The "credit union" means the credit union whose name appears below and anyone to whom the credit union transfers its rights under this agreement. The terms on the reverse aide are pert of this agreement. o - - - - s s MAXIMUM AMOUNT OF LOAN INSURABLE MAXIMUM AGE FOR INSURANCE MAXIMUM MONTHLY Disability LHe Disability Lif e DISABILITY BENEFIT N/A 65 NONE 600.00 N/A then the Disability Benefit will begin with the 15TH day of disability. d ays, If the Insured Is totally disabled for more then 14 s s e• a e loan. "You" or "Your" means the member and the )pint Insured IN applicable). credit Insurance is voluntary and not rsqulnd in order to obtain th chnrpes You agree to pay the premium loan . You may select any Insurer of your choice. You are apqplying to the Society for credit Inwrance on your t plication Is void anti will not be used in a comsa This a K SPACES p . ===go NOT SIGN THIS APPLICATION IF 111 CONTAINS ANY BLAN If the member has not signed and dated the Application, and Nth* App(Ication has not been wNneas- leted , as have not been comp ed. The following statements made by you are representations and are true to the best of your knowledge and belief: CREDIT DISABILITY INSURANCE CREDIT LIFE INSURANCE On thin dale, presently actively at work and regularly perfor- Y 9 ?+ N f 25 o Are you under age 657 O Yea C3 duties of a gainful occupation a minimum o 1 ffia usy ming'allof ? a week? M Yes ? No If no, why not? hours Doh aanawo a Mambr u eerier age 85? Yes O No [a-1 r xw o.el ul. wwr.s. a wlMtl.l oM. d?' agn.wro a AAa imu,.a F>aw+wrl IDrM oaF w. De s wnmw , N/A waaw o.r Iawn^eM MrvMOIRY a Yar Man b MmF Pi , COVERAGE SELECTED Yes No (wy esA.na.nnyw awl,Ae..m. «»I NOT AVAILABLE Yes No _ COVERAGE SELECTED Single Credit Life NOT AVAILABLE Credit Disability %X Johll Credit Life APP, MMM PA . APP. s+oww PA irth Dete of B EffectiveDate Initial Amount of Loan Insurance Charge Monthly Term of Certificate PaymenUBeneNt in Monlha CerticateMo. Dey Yr. [ 1,537.78 CD$ 37.79' $ 96,72CD 18. CD $ CL S 0.00 CL S 0.00 - CL 0 AO 1988 N/A MRPb - _„ _ a• • Credit Union Name and Address Member Name and Address - IBM PENNSYLVANIA EMP FCLI sCHHIDT KAY R. 180 KOST ROAD ASPEN HILL PO BOX 2009 APT. 35 C MECHANICSBURO, PA 17055 DEPTFORD N7 08096 Policy 037-1848-3-000-00 ate of Account No. 21360-60 No. nforest 15.0000 CS 171141 an No. Can "Joint Insufad's Name . No. 1512 - - N/A Loan 06-03-I988 Disclosure Date r ? a • ." Tool of P' , . ANNUAL PERCENTAGE n ' enfY if you pay off early you R4 FINANCE i4Aa,ourruFklanfd P payrn •. i? na e.w eneall ee aaat?ls ee.I Th.arWirMele?eitAU,Aeitl4W'°° nw yblr,ratia,.arawern will not he" to pay;epenaity. mate 11i ?L?. fir g o.rMYie .d?bMd; a means an estimate tnF wwawa ..- , . . ., rae „ J?.?? Yw:.b Vt `nl kif'7 .. 20'3.`•d9 79P Spar 1 740:87 1510000 ' ' 91 $ Number of Payrnti Amount of Peymame T- Paymams A. Due Property insurance: You may obtain property nisurafts from Your SEMI PIdNTHLYn' ' snybne you wont Mot Is soceptablo to f6o'cbdlt uni0rr. If you Payment 9*t the In3uni fro6n the'cradit union ydu will pay l'9fa9', 36 ataFt?N4'0'7=Y1 .49 p . Schedule 35 "- t N/A 30??989 $ 12 - will be: .1, 45. the good' : COllaleralbecurln other loans wlh?M crWit union sor Mb Seeurlt y may elan abbdra thin loan. You are NMd9 a abclrtlhj. Inns eat 'betty being -iLSthb _ X X (De ribs) 5 YDNATURE LOAN d I "' tl h J . eae , p rB in your shares snrUor deposit in this credit u ion en L FIIU,p;Feee r ?. , N Dling Inwnnee ? t . I71 . a ;1 $ Chairga >t r, e , r , h ^r? /a :,4 ?. .. YN/A Sae your contract doeumsnts tor,any, addlt{wtald loa?atlopr ho see deco it; and airy rsqulred.gmsnt M fWl baton tM at:haduls daU. • • a e - PREPAID q .; . AAIOIRrr AMOUNT PA c" AM?DUNr $ 11537.713 mlnECroTL w $ 11300-00 off routs $ N/A nit N$ A FINANCED OF Amount $ 37.78 For Credit Insurance - $ N/A To Paid titer to on $ N/A To $ To To Your ur Behalf $ N/A TO $ a • as a to the credit union plus interest on the unpaid balance at - 13,0000 Per year Promiee to Pay! You promise to pay $ 1,537.78 until what you u owe has been rapald. romise to pay all costs of collecting the amount you owe under this agreement. Including court coats and reasonable attorney fees. Y ou p Collection Costa: Securl Offend: MODEL YEAR I.D. NUMBER TYPE VALUE N/A N/A N/A N/A as N/A Other (Describe): NIA N/A. You Pledge Shares $ N/A Acc6M N/A $ N/A Acct .B N/A andfor Deposits of to make and be bound by the terms oof this Note and Security Agreement sign below. If you are not a borrower but an owner of the t If A . you agree greemen only to doinACg BE ORE YOU SIGN the IT ?enns o( the Security you andd for this collateral n O T T READ TH S YOU THOROUGH T H ON: IT IS ?MPORTAN CAU B r t bairns D t / esAL) laFxl X Borrower O Ow r of Collateral (other than a Borrower) D • Witness Dale X (811 X (SEAL) Borrower O Owner of Collateral (ot or than a Borrower) Data (6EALI Witness Date X (SEAL) aa1C Isnn W EXHIBIT J k NOTE (Continued) Payments -You promise to make payments of the amount and si the Information. You will oleo be in delaup If something happens which the credit time shown in the TMhdn-Lending Disclosure on the reverse side until what union believes may subslandelly reduce your ability to repay what you owe. you owe has been repaid. You may make larger payments without penalty. en you are In default, the,,ppr?4qddh union can demand immediat ant -, 4l ments will remalMklr em IftYrb" a • ' h lbl i i d l d1 11 p at you owe, su pe If you do p"ay part of w y due as scheduled. If you do not make payments as Scheduled, your last a vance . v ng you a 1 without g he unpaid balance of thi o credit union demands Immediate payment of the unpaid balance, you will payment may be Igrp}! an the amount of the other payments. You promise. the credit union lace chosen b t6'dt Ihb k continue to pay InIWffit at the same Interest rate until what you owe has ment of the ded Immediate a d i i h . y p e psymen to ma If this loan is being made by mall, Interest on this ban begins when the p y eman as t un on been repaid. It the cred unpaid balance, the credit union can apply the shares and deposits that loan proceeds are mailed. If this ban refinances an earlier ban, said ban you have given as security under this agreement towards what you owe. will be cancelled and refinanced as of the date on the reverse side. The credit union can also exercise any other rights the law gives the credit Security Interest - Any property shown In the "Security Offered" eaclbn union whemyou are In default..... . on the reverse aide will be security for this ban. In addition, you agree this Each Person Responsible - Each person who signs this agreement will ban is also secured by all the shares and deposits in all your Individual be InclMdually and jointly responsible for paying the entire amount owed. and joint accounts with the credit union now and In the future. Shares and That means the credit union an enforce her lights under this agreement deposits in an Individual Retirement Account and any other account that against any one of you Individually or against all of you together. would k>se apedsi hex treatment under slats or federsi lowifglren as eecurity Late Charge - If you are late in making a payment, you agree to pay the are not subject to the security interest you glre In your Shares end deposits. late charge shown in the Truth-in Lending Disclosure on the reverse side. Property you have given to secure other loans may also secure this ban. If no late charge Is shown, you will not be charged one. Default - You will be In default it you do not make b payment of the amount No WaMr - The credit union can delay enforcing any of Its rights any required when It is due. You will be in default if you break any promise number of times without losing its rights. you made In connection with this loan. You will be in default if you die, file for bankruptcy or become insolvent, that Is, unable to pay your obligations NoUees - Notices will be mailed to you at the most recent address you when they become due. You will be in default if you make any false or have given the credit union In Writing. Notice to any one of you will be nodes misleading statements In any credit application or update ol.croM 1 to all. ' sECUivri -- (GREEMENT In this agreement all references to "credit union" mean the credit union payable to the credit union and to deliver Ihp policy or proof of coverage whose name appears on the reverse side and anyone to whom the credit to the credit union it asked to do so. union assigns the Icon. All references to "the loan" mean the ban described it you caned your Insurance and get a refund, the credit union hasa right on the reverse side. All references to "you" mean oath person who signs % lal or damaged, the credit union can use to the retrd. U{I)g this agreement. the lae(rtanbb t r the property or apply it towards what you A THE SECURITY FOR THE LOAN - By signing this security agreement owe. You. authorize the credit union to Indorse any draft or checkwhkh on the reverse aide or by Signing the statement referring to this agreement may Lae#*sbAVtt Wd In dir for the credit union to co1W any rotund ' on the back of the check you receive for your ban, you give the credit union or benefits due under yourInsurance policy. what Is known as a security Interest In the, property described on the reverse if you do not pay the taxes or fees on the property when due or keep it side. The Security Interest you give Includes all accessions. Accession are Insured, the credit union may pay these obligations, but is not required to things which are attached to or Installed in the props) , now or in the future. . do so. Any money the oredlF.union spends for taxes, fees or fnaurance will ? - The-securky Interest also Includes any replacements for the property which be added to your ban balance and you will pay Interest on those amounts you buy within 10 days of the ban or any extensions, renewals or refinancing at the same rate you agreed to pay on the ban. If the credit union adds of the loan. it also Includes airy money you receive from Selling the property amounts for taxes, lees or Insurance to your loan balance, your payments - or from Insurance you have on the property. It the value of the property may be Increased by the amount necessary for your loan to be paid off declines, you promise to give the credit union more property as security in the same number of months originally scheduled. ' If asked to so. DEFAULT -You will he in default M you break any promise you nuke under WHAT THE SECURITY INTEREST COVERS - The security Interest this reement You will also be in; "uftIIyc?j or,*, InA 4(°)t! WM_eriltte?of^'I•ti'. T alt ` secures the ban described on the reverse side and any externbrtA renewals or refinancings of that loan. it also secures any other be?q?y%1 sye "h ' .. WHAT HAPPENS IF YOU ARE IN DEFAULT- WhelyyWam In peNeit,? ?$ t: requir¢)mmea without advance notice to you th credit union can Ats youowgthe the credit union now or in the future and any other tmou credit union for any reason now or In the future. X the properly deetription , , , e payment of what you_ ¢w,a on the ben and take po?teaseiont4 property, -I 1,., ree the cred n has the right to Iakfi poeeeasldlr theptopirty` ' You a eh tlesolf is marked with a star ('), the propertywill secure ortly 14JW on the reverse aids. g without going to court and without giving you advance notice. If you are ?roW.e outororBlfirto-tlalhril ke the credit union k d t 0 b OWNERSHIP OF THE PROPERTY - You promise the(.you own the ou prdmTeYy6tl vNll use the ert b th o If hi I I . , y as e o o so y a time erfd p)acd the credit unkm chooses. The credit union will not be p y, y an s to uy e pr t s property, or ban for that purpose. You promise that no one ties has any interest In or responsible for any of your otter property, not covered by fpre", that you leave jns(de the property. The credit union will try io pre", ratum that claim against the property that you have TO already toil the credit Lhlon about. You promise not to sell or base the property or to use it as security property to you or make it available for you to claim. for a ban with another creditor until your ken with the credit union Is repaid. After the Credit union has possession of the property, g-an sell it and apply PROTECTING THE SECURITY INTEREST - It your state issues a this ' the money received to any amounts you owe the credit union. The credit union will give you notice of any public sale Cr the date after which a private s security Interest for the property you promise to have the credit union The credit union may have to fib what IS called a financing shown on the title eats will be held. The expenses of the credit union for taking poesaeebn . statement to prated its Security interest from the claims of others. If asked of and selling the property will be deducted from the moray received from the eels. Those cats may Include the cost of storing the property, preparing to do so, you promise to sign a financing statement, you also promise to do whatever else the credit union thinks is necessary to protect Its securilyo it for sale and attorney's fees tothe extent "tied under: slate law or Interest In the property. awarded under $508(b) of the Bankruptcy Code. The rest of the eats money will be applied to what you owe on the ban. USE OF PROPERTY - Until the ban has been paid off, you promise you will: (1) Use the property carefully and keep it In good repa? (? Obtain ryou have agreed to pay the. ban, you will also have to pay any amount widen permission from the credit union before making majoC phanges 10 L thr t remains unpaid a 4r the sale money has been applied to what you the property. (3) Inform thb'credil union In writing before cl(arigidg *r -' 'owe on the loan and u r iHie agreement. You agree to pay Interest on address or the address where the property is kept. (4) Albw the credit union that amount at the same rate as the loan until that amount has been paid. to inspect the property. (5) Promptly notify the credit union If the property DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT is damaged, stolen or abuser.,M),Not}"JIieproperty for any,ufflawful - Thecredit union can delay enforcing any of Its right under this agreement purpose. - any number of times without Wing pre ability:to;exercise_Ilsx)ghls later. I??ttSSURANCE, TAXES ANp FEES - You promise to pay all PROPERTY The credit union can enforce this agreement against your holm or legal . taxes and tbAa(Ilke registration fees) date on the property and to keep the representatives. It the credit union changes the terms of the ban, you agree property Insured against Was and damage. The amount and coverage Of that this agreement will continue to protect the credit union. the property Insurance must be acceptable to the credit union. You may CONTINUED EFFECTIVENESS- If the law makes any term(s) of this plan provide the property Insurance through a poky you already have, Cr through unenforceable, the other terms will remain in elect. a policy you get and pay, for. You promise to make the insurance polity , r.? ,-• , • - - e. THE PROPERTY DESCRIPTION ON THE REVERSE SIDE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON THE REVERSE SIDE. - NOTARY CERTIFICATE STATE OF SS. County of The undersgngd,notary public certifies that this is a true copy of the original security agreement; exeouted,•and delivered by the debtor named therein and to the secured pefly herein. Ncnw IUSLIt (Seaq My Commission expires: Residing In (COUNTY) a• STPPNC Criss) , V-=.S r3 t3 LOAN SALE AGREEMENT THIS AGREEMENT, made September 28,2006, by and between AmeriChoice Federal Credit Union, 20 Sporting Green Drive, Mechanicsburg, PA 17055, on behalf of itself and all of its affiliates (hereinafter referred to as "Seller"), and Commercial Acceptance Company, 4807 Jonestown Road Suite 247, Harrisburg PA 17109 (hereinafter referred to as "Buyer"). 1. In consideration o yable by bank check or by wire tmnsfer, e e ler hereby sells, assigns, transfers and cone to Buyer without recourse, warranty, either expressed or implied, or liability except as herein expressly set forth, all those installment sale contracts, credit agreements, invoices, indebtedness, loam, or other obligations and any instruments securing same (hereinafter referred to as "Receivables") which are listed in Schedule A attached hereto and made a part hereof, except any thereof which shall have been settled in full on or before the closing date of this sale. The above purchase shall include transfer to Buyer of all physical records and files in Seller's possession relating to said Receivables. 2. With respect to the above Receivables, the Seller warrants that: and ]oval a. It has complied, to the best of its knowledge and belief, with applicable federal, ye laws, and regulations relating to the making and collection of the Receivables, up to the date of the relevant sale. b. It owns good and marketable title to all of the Receivables, free and clear of all liens and pledges. c. It has full power and authority to sell, assign, transfer and convey the Receivables to the Buyer, and all other necessary proceedings on the part of the Seiler have bee. duly taken to authorize the sale. d. All of the Receivables were made for valuable consideration and are now legally enforceable obligations of the respective persons shown as indebted thereon, except as may be limited by statutes of limitations, bankruptcy, insolvency, moratorium, receivership, conservatorship, reorganization or similar laws affecting the rights of creditors generally or equitable principles limiting the right to obtain specific performance or other similar relief. e. The persons shown as indebted on the Receivables have not initiated any lawsuits against Seller, and such persons have no legally enforceable rights to setoff, counterclaim, cancellation, or legally enforceable claim that the Receivables suffer from lack of consideration, forgery or alteration of such person's signature, except as may be disclosed or contained in the relevant file or documents. f The amounts shown on the hard copy and computer files to be owing and unpaid on the respective Receivables represent the amount due. Upon written request to Seller by Buyer, and in accordance with guidelines on Exhibit A, Seller agrees to repurchase all accounts that, prior to the date listed in Exhibit A part VI, arc: i) involved in bankruptcy proceedings, ii) Receivables where the debtor is deceased without an estate, iii) originated by fraud iv) settled or paid Receivables. Buyer will have ninety (90) days from the date of this Agreement to deliver to Seller these accounts and supporting documentation as described in Exhibit B. Seller will repurchase those qualified accounts for the same pcmentage of the net outstanding balance that Buyer paid for EXHlOff 14 co such Receivables, unless such condition was disclosed to Buyer in writing prior to the date of this sale. g. There are no judgments against Seller, which could become a lien against the Receivables. 3. Seller agrees that if, as to any of the Receivables, any of its warranties any warranty heroin, heed r any claim or defense exists against Buyer arising out of a breach will repurchase such Receivables on written demand with proof of the breach for the same percentage of the net outstanding balance that Buyer paid for such Receivables. Such repurchase shall be Buyer's exclusive remedy for any such breach. 4. Buyer shall not assume or incur liability for any debt, other obligation of Seller, other tbatt as herein provided. such 5. Buyer may advise debtors who are obligated on the to the Buyer and all legal atty other Receivables and that all payments thereon shall be action respecting the Receivables shall be taken by Buyer in its own name and not the name of Seller. 6. Seller hereby constitutes and appoints Buyer the true and lawful special attorney-in-fact of Seller in the name and stead of Seller, on behalf of and for the benefit of Buyer, to endorse the name of the Seller without recourse upon all checks, drafts, notes, powers and other forms of exchange received as payment on any of the affected Receivables 7. Seller further agrees that any payments received by the Seller, or any of 1:41eller's agents, on said Receivables from and after the close of business on the date of this Agreement shall be turned over and delivered to Buyer at the timof the consu?mmaated, Settler shall turn them over Seller receives such payments after this Agreement to Buyer within 20 business days. 8. This agreement and any disputes arising under or as a result of the negotiation or execution of this agreement shall be governed by and its provisions construed under the laws of the state of Pennsylvania, and federal laws where applicable. In any litigation between the parties to this agreement, the maximum recovery to the prevailing party shall be limited to the consideration given by that party under this contract, together with the prevailing party's reasonable and necessary attorney's fees. In no event shall Seller be obligated to return any funds to Buyer unless Seller receives from Buyer all physical and electronic receivables to which such funds is attributable together with any sums collected by Buyer on such receivables, 9. Buyer represents and warrants to Seller that: a. It is a sophisticated investor and its bid for and decision to purchase the ptccoutxt Package pursuant to this Agreement is and was to based rand BBuyer's own uyer's independent evaluation of the the information made available by Seller Buyer, Account Package. Buyer has relied solely on its own investigation and not on any oral information provided by Seller or its personnel or agents other than information in the Account Package, the representations and warranties set out in Item #2 of this Agreement, and any schedules or exhibits attached. Buyer acknowledges that no employee or representatives of Seller has been authorized to make, and the Buyer has not relied upon, wiy statements other than those specifically contained in this Agreement, or in the Account Package. b. It is qualified to transact business and duly licensed in all jurisdictions where necessary to purchase, hold, collect or enforce the Receivable or any amounts due thereon. c. It has full power and authority to purchase the Receivables from Seller arkd that all necessary proceedings on its part have been dually taken to authorize this Purchase- d. It will attempt to comply with all applicable laws, rules, regulations, ordinances and judgments relating to or in any way affecting the purchase of thereof Receivables by Buyer, the ownership thereof by Buyer or the collection or enforcement by Buyer. relating to e. It will comply with all applicable laws, rules, regulations, ordinances and judgments or in any way affecting its collection procedures. f. It acknowledges that the Assets, the Asset Documents, and the Collateral, if any, may have limited or no liquidity. Also, the Buyer has the financial wherewithal to own the Assets for the indefinite period of time and to bear the economic risk of an outright purchase of the Assets and a total loss of the Purchase Price for the Assets. g. Buyer will indemnify and hold Seller harmless from any and all claims, demands, actions, causes of actions, suits, judgments, actual or punitive damages, statutory penalties, costs, fees and expenses arising from or in any way connected with Buyer's attempt(s) to collect on any Receivable or concerning the failure of Buyer to keep or comply with any term, condition, representation, warranty or agreement contained herein or the incorrectness or falsity of any representation or warranty, which is or becomes untrue in any material respect. The Seller agrees that the Buyer will have no responsibility and will be fully indemnified for all losses, judgments, damage, expenses, and/or other costs (including all fees and cosy: of legal courisel), for any acts or claims created by Seller. h. The parties will negotiate in good faith in an effort to resolve any dispute. Any controversy concerning this Agreement, which the parties cannot resolve within thirty days, will first be directed to a private mediator upon whom the parties agree with all expenses being shared equally by the parties. i. Buyer agrees to make a good faith effort to collect the outstanding balance: due from the debtor prior to commencing any litigation proceedings. j. The Buyer agrees that it will comply with the requirements of the Gramm.-Leach-Bliley legislation and any subsequent interpretations or regulations relating to the Legislation. This legislation addresses the sharing of nonpublic personal information concerning credit consumers. It is the policy of Seller to not share such information in ways prohibited by Gramm-Leach- Bliley, and it is a condition of this sale that Buyer protect such information lrom unauthorized or improper disclosure. 10. This Agreement represents the entire agreement between the parties. Thrre are no promises, inducements, represents, or warranties not expressly stated herein. This Agreement may not be modified except by written instrument signed by all of the parties hereto. This Agreement supersedes any prior understandings or written or oral agreements between the parties respecting the Receivables, or the rights and obligations of the parties hereto. 11. This Contract will be effective upon receipt by Seller of a wire transfer, Cashier's Check, Business Check or Money Order for the full amount of the purchase. ANY SCHEDULES OR EXHIBITS ATTACIMED HERE TO BECOME A PART OF AND ARE INCORPORATED INTO THIS AGREEMENT. Se Buy e By: Carl Succa Date Y: Vice President of nding President/CEO AmeriChoice Fe eral Credit Union Commercial Acceptance Company SG V-WA Kay Schmkft !1076.92 STATEMENT OF ACCOUNT Kay R. Burton File No: 348249 Original Loan Date: 6/7/88 Original Loan Amount: Date of Charge-Off by Americhoice F.C.U.: 9) Balance at time of Charge-Off: Post Charge-Off Payments To Credit Union: Accrued Interest Since Charge-Off at 15.0%: Payments Made to CAC $1,537.78 13/89 $1,076.92 $0.00 $2,919.19 $0.00 Balance Including Interest Through 9/26/07: $3,996.11 ..MM..,t EEXjH18ffD VERIFICATION (title) (name) of COMMERCIAL ACCEPTANCE CO, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. COMMERCIAL A CEPTANCE CO By: Title: Pr=Jems. - Dated: O ' 7 33713 / 348249 Burton C:\DOCUMENTS AND SETTINGS\CARL\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK36\CAC 33713.WPD ? d t ca Ril SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-05912 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMERCIAL ACCEPTANCE CO VS. BURTON KAY F/K/A KAY R SCHMIDT R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT BURTON KAY F/K/A KAY R SCHMIDT , by United States Certified Mail postage prepaid, on the 16th day of October ,2007 at 1000:00 HOURS, at 1090 GRANDVIEW DRIVE PINE HILL, NJ 08021 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by KAY BURTON 10/12/2007 . Additional Comments: on Sheriff's Costs: Docketing 18.00 Service 5.55 Postage .58 Surcharge 10.00 .00 tr?oll?9 34.13 So ans R. Thomas Kline Sheriff of Cumberland County Paid by KODAK & IMBLUM Sworn and Subscribed to before me this day of on 10/16/2007 A. D. ems 1, 2, and 3. Also complete fa Cftoem 4 id trlcted Delivery is desired. ¦ print your name and address on the reverse s that this can card return Attach to the back of the mail piece, or r on on the front if space permits. 1. Article Addressed to: Kay Burton R, SC formerly known as Kay 1090 Grandview Drive pine Hill, NJ 08021 s e al„?e I X C ? Adflressee nted ame) C. Date of Delivery B.R edbJU/-T 4 /U'/ 2-11 address different from item 17 0 Yes D. Is deVr4erY address below: 0 No If YES, enter delivery wvicG Type ertified Mail 0 Express Mail M C 0 Registered 0 Return Receipt for Merchandise 1:1 Insured Mail 0 C.O.D. ? Yes 4. Restricted Delivery? (Extra Fee) 2 7005 2570 0000 3803 3171 MOM 07_5912 civil 1o2595.02-M-1540 Domestic Return Receipt 1. February 2004 - UNITED STATES POSTAL SERVICE 1.2 OCT C?0'7 ..p if ' Sender: Please Print your name, address, and 2m"-'-in this box R. Thomas Kline, Sheriff County of Cumberland Court House Carlisle, Pk 17013 ^ ? llli71?t7!!]/tttl i!!?!!/Ittt?rtJtt?t ?'lt{!7!1'J!J!!(Flt lli?? f !I COMMERCIAL ACCEPTANCE CO I IN THE COURT OF COMMON PLEAS Assignee of Americhoice F.C.U. CUMBERLAND COUNTY, Plaintiff = PENNSYLVANIA v NO. 2007-05912 Civil Term KAY BURTON formerly known as Kay R. Schmidt CIVIL ACTION - LAW Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) KAY BURTON formerly known as Kay R. Schmidt, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $4,795.33 Interest at the rate of 15% per annum from September 27, 2007 .45 Total = $5,349.78 I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice is attached. KODAK & , P.C. By Robert D. Kodak, Attorney for Plaintiff DATED: % g', 1201F Judgment entered and damages assessed as above. 6?44 Prothonotary ??G LAW OFFICES OF KODAK & IMBLUM, P.C. Robert D. Kodak CAMERON MANSION Gary J. Imblum 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 kkilaw@verizon.net June 5, 2008 KAY BURTON FKA KAY R SCHMIDT 1090 GRANDVIEW DRIVE PINE HILL NJ 08021 FILE f04 Facsimile 717.238.7158 RE: Commercial Acceptance Co, Assignee of Americhoice F.C.U. VS: Kay Burton, f/k/a Kay R. Schmidt No. 200705912 Civil Term, Court of Common Pleas Cumberland. County, Commonwealth of Pennsylvania Our File No. 33713 Dear Ms. Burton: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint Very truly yours, KODAK & IMBLUM, P.C. Robert D. Kodak THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kqb enclosure cc: CARL SUCCA PRES COMMERCIAL ACCEPTANCE CO PO BOX 3268 SHIREMANSTOWN PA 17011 #348249 F COMMERCIAL ACCEPTANCE CO Assignee of Americhoice F.C.U. Plaintiff v KAY BURTON formerly known as Kay R. Schmidt Defendant IN THE COURT OF COMMON $LEAS f CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-05912 Civil Term CIVIL ACTION - LAW IMPORTANT NOTICE TO: KAY BURTON FJK/A KAY R. SCHMIDT, Defendant(s) DATE OF NOTICE: NNE 5, 2008 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 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 IA tra CD y ?F N gyp. COMMERCIAL ACCEPTANCE CO IN THE COURT OF COMMON PLEAS Assignee of Americhoice F.C.U. CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V NO. 2007-05912 Civil Term KAY BURTON formerly known as Kay R. Schmidt CIVIL ACTION - LAW Defendant TO: KAY BURTON FF/K/A jKAY R. SCHMIDT, Defendant(s) You are hereby notified that on , 2059 the following (judgment) has been entered against yo in a above-captioned case. jtidMynt entered in the amount of $5349,78. DATE• Tt, Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: KAY BURTON FKA KAY R SCHMIDT 1090 GRANDVIEW DRIVE PINE HILL NJ 08021