Loading...
HomeMy WebLinkAbout08-5476ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff COMMERCIAL ACCEPTANCE CO IN THE COURT OF COMMON PLEAS Assignee of Americhoice F.C.U. CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA nn v NO. D8- 5'{7!0 (21vi t JACQUELINE G. LIGHTBODY Defendant CIVIL 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 DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 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 anteriormente, 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. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 COMMERCIAL ACCEPTANCE CO Assignee of Americhoice F.C.U. Plaintiff v JACQUELINE G. LIGHTBODY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. U?--. SY?(o ca4, l TLrh 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 THREE THOUSAND THREE HUNDRED FORTY-SIX DOLLARS ($3,346.00), along with interest thereon at the rate of 7.75% September 15, 2008, upon a cause of action of which the following is a statement: 1. The Plaintiff, COMMERCIAL ACCEPTANCE CO, Assignee ofAmerichoice 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, JACQUELINE G. LIGHTBODY, is an adult individual residing at 144 Pierce Blvd, Windsor, CT 06095. 3. Said account was applied for, approved and processed by Plaintiff, at the request of Defendant, in Cumberland County during which time Defendant was a resident F:\USER\R0B1N\CCP&1)] CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC Americhoice 34764.wpd 2 of the Commonwealth of Pennsylvania. 4. On or about March 7, 1997, Defendant submitted an Auto Loan Application Americhoice Federal Credit Union, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. Said loan application was approved at Americhoice's place of business at: Main Office, 20 Sporting Green Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. Thereafter, on or about March 7, 1997, Defendant signed a Consumer Credit Disclosure Form, Promissory Note and Security Agreement, under seal, a true and correct copy of which is attached hereto, marked Exhibit "B" 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 Defendant's vehicle was repossessed with an outstanding balance due and owing of Seven Thousand Eight Hundred Eighty-Nine Dollars and Thirty-Two Cents ($7,889.32) as shown on Plaintiff's February 18, 2000 Notice to Defendant, true and correct copy of which is attached hereto, marked Exhibit "C" and made a part hereof. 8. Defendant's vehicle was sold at auction for Six Thousands Five Hundred Dollars F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC Americhoice 34764.wpd ($6,500.00) leaving the deficiency balance due and owing in the amount of One Thousand Eight Hundred Ninety-One Dollars and Five Cents ($1,891.05) as set forth on the Plaintiffs May 5, 2000 Deficiency Notice and Expenses Incurred Statement attached hereto, marked Exhibit "D" and made a part hereof. 9. On or about May 16, 2000, a payment of Two Hundred Dollars ($200.00) was received by Americhoice, a true and correct copy of which is attached hereto, marked Exhibit "E" and made a part hereof, thereby reducing Defendant's balance to One Thousand Six Hundred Ninety-One Dollars and Five Cents ($1,691.05). 10. 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 "F" and made a part hereof. 11. At the time Plaintiff acquired Defendant's account the balance due and owing was One Thousand Six Hundred Ninety-One Dollars and Five Cents ($1,691.05). Due to Defendant's default, interest has been added to said account at the rate of 7.75% from April 1, 2000 through August 15, 2008 in the amount of One Thousand Ninety- Seven Dollars and Twenty-Eight Cents ($1,097.28) as set forth on Plaintiffs Statement of Account attached hereto, marked Exhibit "G" and made a part hereof. 12. The balance due and owing by Defendant to Plaintiff is the sum of Two Thousand F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC Americhoice 34764.wpd 4 Seven Hundred Eighty-Eight Dollars and Thirty-Three Cents ($2,788.33) asset forth Exhibit "G" attached hereto. 13. Due to the default of Defendant, and pursuant to the terms and conditions of the Consumer Credit Disclosure Form, Promissory Note and Security Agreement signed, under seal, by Defendant and attached hereto, attorney's fees in the total amount of Five Hundred Fifty-Seven Dollars and Sixty-Seven Cents ($557.67) have been added to said account. 14. 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 THREE THOUSAND THREE HUNDRED FORTY-SIX DOLLARS ($3,346.00) along with interest thereon as set forth herein. Respectfully submitted, KODAK & IMBL ",.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&D] CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC Americhoice 34764.wpd 5 I DESIRE ... TEMPORARY DISABILITY INSURANCE :>*ES NO LOAN PROTECTION (LIFE) INSURANCE ! YES XNO I I Personal Loan Application Account a ? I I Home Equity Loan Note k VAuto Loan - ------------- - IHIS APPLICATION IS DESIGNED TO BE COMPLETED BY 1NE APPLICANT WITH THE LENDER'S ASSISTANCE. PLEASE READ THE FOLLOWING DIRECTIONS AND CHECK THE APPROPRIATE BOX BEFORE COMPLETING THIS APPLICATION. CHECK / 1) IF YOU ARE APPLYING FOR INDIVIDUAL CREDIT IN YOUR OWN NAME AND ARE RFLYING ONLY ON YOUR OWN INCOME OR ASSETS AS THE BASIS FOR REPAYMENT. APPROPRIATE COMPLETE ONLY THE APPLICANT SECTION ROY 2) IF YOU ARE APPLYING FOR JOINT CREDIT WITH ANOTHER PERSON, COMPLETE BOTH APPLICANT AND CO-APPLICANT SECTIONS. 3) IF YOU ARE APPLYING FOR INDIVIDUAL 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, OR MAINTENANCE PAYMENTS OR INCOME OR ASSETS YOU ARE RELYING UPON. Wit APPLICATION MUST BE COMPLETED RI FULL ?q C I ' ? ? ?S (0,3 co APPLICANT 4_8& A O T- ?? PROE 10 Q-Y1 AMIE0044 STED EMPLOYER / iG P(_ )SVION P+'+IOSG V ' (9 (?l!?? _ Y N AP INT DA 'E OF B RTH DEPENDENTS A UR -SS PHONE N T Vin. SA ?Y-_-loy D ogaH SQwarIF, ?11f- ?J72-S 35 J. Sid aQ OV' OGL -- - ` I?.?r -- - C - il??,- 0 ra I r Q?i CIt STATg ZIP CODF HOW LONG _ h l ---- 72-- - Z _ P EVIOUS ADDRESS ADDRESS HOW O G p- __C__oln M_P,rc? rAt? ?h" 2 v? P / Lt NO G 1 t- y? lip f?( ?.Kbr j r? ?• Corr k of 17 ? ?Ir/rj l( AIOU ALIMONY 01111 D SUPPORT OR SEPA ATE MAIN iEN(N.CE INGO1+ E NEED NOT BE REVEALED IF YOU TO NOT WISH TO HAVE IT CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION Z t _ LANDLORD MORTGAGE HOLDER & ADDRESS PRE ENi VALUE . SOURCE OF A . OWN DDITIONAL INCOME AJ(J• rpgn If Nlwv( TO INCOME - - art- ;nt f( RENT / L RECORDED NAME HOW VALUE DETERMINED --- FQUITY L18T BANKS, FINANCE GO.. CHARGE CARDS. INTEREST BALANCE V AND ALL TO WHOM INDEBTED' RATE PAYMENT ROOM I ' PURCHASE PRICE ORIGINAL MORT. BALANCE i6 7? (v i 1S ao IM RANK WITH N 1 r1 G d i G? r i D ECKING l t?A S VINGS l 152.00 MAKE AN MODEL CAR YEA _--- - -- EN(III BRANCE HELD BY Cr0S_s ?ol???--Bw„k ursU ?• 7? 7' ` 35". as NEAREST RELATIVE - NOT LIVING WITH Y U PHONE. ndl.A t fi ? . -to z 6 G1 5 o F k d?? l t t 3 1 ?? ?e? d . _- _ ,, _ p _ . _ ADDRESS 74 RA-A ( M P? T--°(0 L1- - - - ---- ----- Olher obI ations LE liabilit t l hild t ai , - .g., imony, c y o pay a , separate m suppor ntenance. Use separate sheet if necessary I Have you ever had a car or other personal property repossessed by a dealer or a linanye company, filed lot bankruptcy, or been party to a wage assignment or Collection suit, or have you ever been declined on a loan application to this credit union? I Yes No If your answer to any part of the question is yes. please give details. CO-APPLICANT a) RELATIONSHIP OF GOAPPLICANT TO APPLICANT, IF ANY *If additional space is needed, please attach a separate sheet. DATE PURP . E AMT. REOUFSTFD EMPLOYER POSITION APPII(, .ANT rDATE OF BIRTH DEPENDENTS ADDRESS PHONE HOW LONG NET M . bALAR -- - NUMBER STREET PHONE PREVIOUS EMPLOYER - POSITION City STATE ZIP CODE HOW LONG ADDHFSS HOW LONG PREVIOUS ADDRESS HOW LONG At 1MONY CHILD SUPPORT OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF AMOUNT YOU 00 NOT WISH 10 HAVE IT CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION. OWN I ! __ LANDLORD OR MORTGAGE HOLDER & ADDRESS PPESFNT VALUE SOURCE OF ADDITIONAL INCOME TOTAL NET )MO NTHLY) INCOME RENT I RECORDED NAME HOW VALUE DETERMINED EQUITY I IST BANKS, FINANCE GO.. CHARGE CARDS. ' ORIGINAL BALANCE PAYMENT AND At L TO WHOM INDEBTED AMOUNT ROOM I PURCHASE PRICE ORIGINAL MORT BALANCE PAYMENT BANK WITH CHECKING SAVINGS MAKF AND MODEL GAR YEAR ENCUMBRANCE HE LD BY NEAREST RELATIVE NOT LIVING WITH YOU f I F'HOhE I 'If additional space is needed, please attach a separate sheet. 5) YOU ARE HEREBY AUTHORIZED AND DIRECTED TO PAYOUT OF PROCEEDS OF SAID LOAN, IF AND WHEN MADE, THE BELOW AMOUNTS TO THE PERSON AND/OR COMPANIES SHOWN 1 6) 1/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. INVE AGREE TO NOTIFY YOU OF ANY MATERIAL CHANGES IN THE FACTS STATED HEREIN AND GIVE YOU AUTHORIZATION TO RETAIN THIS APPLICATION FOR jy UR FILES. YOU RE LSO AU ORI ED TO ANSWER INQUIRIES ABOUT YOUR CREDIT EXPERIENCE WITH ME/US. V/, g TE OF At-PLICANT SS NO SIGNATURE OF CO-APPLICANT SS NO AmeriChoic?' MAIN OFFICE FEDERAL CREDIT UNION 20 Sporting Green Drive 'The Right Choice' Mechanicsburg, PA 17055 (717) 795-0240 CAY 17171847-3713 EXHIBIT MECHANICSBURG OFFICE 5267 East Simpson Ferry Road Mechanicsburg, PA 17055 (717) 795-4291 TIE 528-4291 7852 A PHILADELPHIA OFFICE 2005 Market Street Philadelphia, PA 19103 (215) 851-2068 TIE 721-2068 FAX (215) 851-4460 ' , C0N31Jr0;ER CREDIT DISCLOSURE FORM, PROMISSORY NOTE AND SECURITY AGREEMENT In this agreement rh-) words "you' and "your" means each person who signs this agreement. The "credit union" means the credit union whose natfie appears below and anyone to whom the credit union transfers its rights under this agreement. The terms on the reverse side are part of this agreement. Boxe checked below apply to this agreement. CREDIT INSURANCE SCHEDULE MAXIMUM MONTHLY MAXIMUM AMOUNT OF LOAN INSURABLE MAXIMUM AGE FOR INSURANCE DISABILITY BENEFIT ; Life Disability Life Disability 600.00 50,000 NONE 65 65 If the insured is totally disabled for more than 14 days, then the Disability Benefit will begin with the 15TH day of disability. • APPLICATION FOR CREDIT INSURANCE "You" or "Your" means the member and the joint insured (if applicable). Credit insurance is voluntary and not required in order to obtain this loan. You may select any insurer of your choice. You are applying to the Society for credit insurance on your loan. You agree to pay the premium charges shown below. DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY BLANK SPACES. This application is void and will not be used in a contest if all blank spaces have not been completed, if the member has not signed and dated the Application, and if the Application has not been witness- ed. The following statements made by you are representations and are true to the best of your knowledge and belief: CREDIT LIFE INSURANCE CREDIT DISABILITY INSURANCE Are you under age 65? [1 Yes ? No -V ly actively at work and regularly perfor- present On this date, arxyo ming all of the duties of a gainful occupation a minimum of 25 O-7 hours a week? ? No If no, why not? Srgna mbe Date underage 5? ? Yes ? No ign re of Joint Insured (Co-Borrower) (Only required if Joint redit Life coverage is set1711-7 ted.) Date 7 Date Date * 3 7 . Date (Second ry Beneficiary if you desire to name one) ELECTED Yes No E COVERAG S (Secondary Beneficiary if you desire to name one) Single Credit Life - - COVERAGE SELECTED Yes No Joint Credit LifeIl Single Credit Disability .8 610.0786 PA APP APP. 800-0786 PA . Initial Amount of Loan Insurance Charge Monthly Term of Certificate Effective Date Date of Birth Payment/Benefit in Months of Certificate Mo. Day Yr. 1.7410.52 CD $ 558.52 $ 42:3..1.2 CD 413 CD $ _ Member Insured CL $ 1.7410.52 CL $ O.0.00 CL 48 3/07/97 "ilia Mo. Day Yr. Joint Insured GENERAL INFORMATION Credit Union Name and Address Member Name and Address AMERICHOICE FEDERAL CR UN ILIGHT]BU DYa JACQUELINE 3.600 F"YS FORD RID. MECHANICSBURG, PA 17055 UNIT EIR rP'EM VALLEY PA 1.9072 ? Policy 037-1848-3-000-02 Rate of % Account No. No. Interest 7.750 000028586- Cert CV934875 Loan No. Joint Insured's Name No. 1.008920 Loan Disclosure Date 3/07/97 TRUTH-1 N-LEN DING • -Tsz ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed; Total of P onta a meats an lmate' Prepayment: If you pay off early you The cost of your credit as a yearly rata: The dollar amount the credit will cost The amount of credit provided to you or The amount you wul have paW when you will not have to pay .a penatty. you. on your behalf. have made all paymants as scheduled. Required Deposit: The Annual 7,.7? ?O1 1741#1.52 ? Ww53 Percentage Rate does not take into ti6 $ $ $ account our required de sit, if any. Your Number of Payments Amount of Payments Yifhun ?yln•t?ts Are Due Property Insurance: You may obtain property insurance from l y iff lr anyone you want that is acceptable to the credit union. If you - x Payment ? 47 ? 4/07/97 Schedule get the insurance from the credit union you will pay FROM will be: 1 422.89 3/07/01 ` 0.00 Caeurity Rnllataral seaeurina nthertnans with thecredit unit W-1 A.41,11' TT11 TT 711 MEC:HANICSBURG, PA 17055 UNIT SR PENN VALLEY PA 190722 Policy 037-1848-3-000-02 Rate of Account No. -No. __ Interest o?u 7.757 Cert. CV934875 Loan No. Joint Insured's Name No. 1008920 Loan Disclosure Date 3/ 07/97 DISC • ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments a means an ma e The cost of your credit as a y0 yearly tale. The dollar amount the credit will cost you. The amount Of Credit provided to you of on your behalf, The amount you will have paid when you have made all payments as scheduled Prepayment: If you pay off early you Will not have to a? a pQnait not have to r A . Retl a The nnual 7.734 % $ 2899.01 $ 17410.52 $ 20309.53 Percentage Rate does not take into account our r uirsd d it, if any. vnur Number of Pavmen ts Amount of Pavnnents Whan Pavinentf; era 'Due Ptnu rtw fnesim • v„„ ,.,a„ ^k# ;.__- Payment 47 12 Schedule 42" will be: 422.189 if'1l N I'1$_Y FROM 4/07/97 3/07/01 anyone you want that is acceptable to the credit union. If you get the insurance from the credit union you will pay $ 0.00 Security: Collateral securing othertoans with the credit union the goods or pro- may also secure this loan. You are giving a security interest perty being Other, in your shares and/or deposit in this credit union, and XX purchased; (Describe) Late Charge: Filing Fees Non-filing Insurance DAILY lhlTEl ST M7ATE $ 0.4+b $ 0.0 0 ITEMIZATION AMOUNT AMOUNT PAID PREPAID OF AMOUNT FIN N $ 17410.52 GIVEN TO YOU $ 0.00 ON YOUR ?? .00 FINANCE $ ANCED ANCED OF R _ DIRECTLY ACCOUNT CHARGE $ Amount $ 558.52 For Credit Insurance $ 16852 00 To SUSS'MAN ACURA Paid to 0 00 . Others on $ . To $ 0.00 To Your Behalf $ 0"0() To $ 0.00 To Promise to Pay: You promise to pay $ 17410.52 to the credit union plus interest on the unpaid balance at % per year until what you owe has been repaid. 7.750 Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement, including court costs and reasonable attorney fees. Secures Offered: - MODEL YEAR I.D. NUMBER TYPE VALUE 3?5 I 0922 WBACB4316NFF88252 0.00 Other (Describe): You Pledge Shares $ ACct.# $ ACct.# and/or Deposits of If you agree to make and be bound by the terms of this Note and Security Agreement sign below. If you are not a borrower but an owner of the collateral for this loan, sign below and check the box for "Owner of Collateral ". doing so you agree only to the terms of the Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS ON ACT BEFORE YOU SIGN IT. Borr er it . ?. , nafo r I- wif....I/A l _X 'r v6 (SEAL) '?1711_1 -7 (SEAL) 31-711 rwer Owner of Coliat ral (other th a Borrower) Date Witnes Date (SEAL) X (SEAL) Borrower f i Owner of Collateral (other than a Borrower) Date Witness Date X (SEAL) X (SEAL) CUNA Mutual Insurance Society 1980, 1982, 1984, All Rights Reserved Z537C3 537C (5/95) I Payments -- You:promisle to make payments of the amount ano ; tilf° time shown in the Truth-in-Lending Disclosure on the rove-- 11,; ou owe has been repaid. You may make larger payments w thr, I , rpayments will remain due.aS s fie fricou do.notrrr?,kig payment a< .,c;tc d elect cried t insurance, yo(iY hast'payment may be larger .h f of the other payments.,You promise to make payrnerit:- ar h"', by the e4it union. C-6 Loans by Mail - If this loan is being made by rnaif. ;ntf t ' begins when Ih? groceedsare. mailed. If this loan refinances aura , r loan, said loan vfill b€c'incelled and refinanced as of thr date o;i :f;? , ,•?side. Security Interest - Any property shown in the "Sects lty O.f-x- i i loan,; In addition, you epostts in A your indivinual nr.; :and jAjgt, cANgl g ¢"nion now and in the future. Shr: 'Wo deposits in,?n,indly, dual tirrgmentAccount and any other acr,u,, ';al .,,. , would gwweciaj(eatW t jnderst te;or federal law if given a;. si u i j .,are not subject o t. sQcurrt jbtersst you give in your shares and Property you have given to secure,other loans will also Default- You will be in default if you do not make;; required when i04;8dVYou`vA be; in, default if you brr,,r ..,r you made irrconnectibntWith Ithi"s!loan. You will be in default if ynu -!ii: file for bankruptdy'br becorne'insolvent, that is. unahln to nn :ol!r obligations when theybecorne due. You will be in default if ynu +n, !on nn, false or misleading statements in any credit application, or i rr :ill d .?;p1,i , `ry! t?f:•rri defawk,If 1anyone,w,ro ha6 signed.a security ntr (i+vn wiThIhis loin±s o de#atfit: Youwill also be in default r , ,;: vlrch the l red;t r,n'r)tl belle?pr4 may SLibstnntially -ref! n your atrfrty toTiA hat yot v to q° "' a ?. r ?Y1 4 ri t It r ca ?? t, it o,cterirt unity can der ,atr0 i;9mgd4erpuyrnent t''i, !o n v rthoi,t givin ryou ad,tancP r±ic?. lf,She??edia .: i-;ayrne,nt of the t.111p81;1i4 lance,}6awill' lih I tr i rate until what01Qrp00&s dr;manued ;n-imodiate payment of the ar,r r ?2 t11111r0 can apply the•shares,and deposits, that,. i •'Ortty imder iris agreement towards what you owe. r ;+ is.?r any irh ?r rioih,'s tha !2?r? gives the credit ?u,;i: wiSi rr i, 151f)Iq - f? ?lUsuti.YkW St S Ilzt agf t bo indivfduaily and loin?ty resp+7n10 gays e' e , +? ".. hat iciedoi, 'lit r 'r ;l i,mon can enforce its rights underthis agreer> pnt, Fqiaira }r v, 4 , yr.!: individually or against-all gf,you together. t t•? `hnrrrn _ IF qr i i{ Ye in rnakin9ta [iaymeii 6b dgree 3o pay the`• .at,-, (,!,n no ntvn in tl a T tali-in't ending DiscI6,lore'On the.'reverse 5Id2.' ' nn L _ _,,!t;t,,,n ir: •:h`'.Arn, vrw villl not ho rharged'-ort'e,, canton cart delay,onforcing.any of its rights any its rights. rl,tines mailed Io you at the most recent address you } ;lion in Writing. Notice to any one of you will be notice In this agreement all references to "predit union" rnean the credit unior whose pame appears on'this note and anyone to whom the credit union assigns the loan. All references to "the loan" mean the loan descr i,rd . the Truth in Lending Disclosure. All references to "you'' mean each person who signs this agreement. THE SECURITY FOR THE LOAN - By signing this security adrnn-wi,: in the signature area or by signing the statement referring to ltii.. on the back of the check you receive for your loan, yeti give ^h- cr,, ' what is known as a security interest in the property described in the Sr curtly Offered" section. The security interest you give includes all accossinns, Acces*ns are thin whieh;areiaktached to-or installed fn the prop=, i y nowor in the future. The:eequrityinterest also includes any ren!ac?!nert s. for the property which you buy within 10 days of the loan or an, c n r renewals or refinancing of the loan. It also includes any money YOU ve from selling the property or from insurance you have on 1f,r. the value of the property 4pcliggs,,yQu promise to give tie credit uni property as security if asked td do so. , VIRM -= 't'security interest ` urei?t e' i4 rll m 'ending Disclosure and anv extensions, renewals or refinancings ofRthat loa M. It also secures any other loans you have,with the credNA11or'?tdQ'o 4r 4hetfuti?re and'any.othnr amounts you owe the credit uniooONnyrf bn rtow..r ih"the future 1i the property description is marked with one star ("), or the property ,s household goods as defined by44ePB0it Practice Aulerihe pto erty V,;.- secure only this loan and not 61fier amounts you owe. OWNERSHIP OF THE PROPERTY - You promise that ynu o•• property, or if this loan is to buy the property, you promise o . t loan for that pUrpbse:''o': i0' rblse'that no one else has auv i,itot iii or claim against the property that you have not already told the, nrPr fit unio about. You promise not to sell or lease the property or to usr i is s:• , .; for a loan with another creditor until your loan with the credit union is r r'i 30 You promise you will allow no security interest or lien to attach to f io prof •<,, Z ,J ? either- Y srf law,. PROTE EsREST - If your"state issues a title ! r, for theproperty, y ptonisb o have the credit union's security interest shown ,6n thetitl t reeds oft try stave (o file what is called a financing a to r x tis st8 qr e? interest from the claims of others. If asked. to do so, yot+;pf girtrspIsrgrt financ+t5 stf69rtit 'You also promise to dowhat ?yef?@, a edt(4,n.. i5 a ?ssdrj?to'protectitssecurity t interest tp ,tier pCAKtn a: i, i USE OF PROPERTY ,Until the loan has been paid off, you promise you will: (1) Use the property ci uli?A and• keep it in good repair. (2) Obtain written permission from:the credifunion before making major changes to the property. (3) Inform the credit union in writing before changing your '.irtfrr000 N thu nrirlr c whirs tin r ^, rht ie Lnnf !A\ Altn.., th....r A;t ,,,.;- 3bi+:+VI li y vn:i (ii t !!11 tcr. Vou prornise to make the insurance policy } `tic c r i^ "pion 4nrl to deliver lire policy or proof of coverage . . •r,_, ,, t ^, - 'oil ??, do rr,• i n_,i.rance and Get a refund, the credit union has aright pe?t, k: !nst or damaged, the credit union can use ' to•rnt - , 'he property or apply:it towardsFwhat r:03 ?-;oany draft or, check which C:r uciion to c.c+lect any refund ,- ?n?tit: iu= a?:r ur r,?srance policy. t ;axes or fe?s on the property when due, or keep it Insurers. ihf? ctedit union may pay,these obligations, but is:notirequlted;tonf do so. Ant ;-,i , ifr-? r:redit onion spends for taxes, fees or insurance will uo t o „ an bafaracg and you will pay inteSt`oR t oss a1nounts t *lte , rrr c you atgrebd 1o Day on the loan. Ifihe'ci`edit union adds ?s or insurance to your loan balance, your payments by the-.amount necessary for y&f'Ioarl flops laid off, p >f inonihs originally scheduled. DEFAULT - Your will li firt s(eefault f;yy',q,?u::ttlrea h promiib`you rrak?utUd9? , fn+< aGr^ ^nnt You will also bi lifaultif ypU are rrn`default undertli?, '` property, but have signed only as an "Owner oft' h<.r ;t Bftwgt:), yd fe®G'kJli: d?I?i1A rio '?i? ign d the Promissory Note. iA'! I ; Hf,lrn _A-Y10U ARE IN DEFA 4t?q- ?J"jH t •Pfr4tRi`1 viihoul advance notice to you, require immediate rtiP on the loan and take possession of the property. ,nicn has the ri ht to take possession of theroperty , it and witho'?'?+? 2?J31 R iL`e?EF?u are ., tics!; d ,e credit union, you promise to deliver the property at flip credit union chooses. The crP3VS*ggNn jtot be );1, ible Rrfthh}tof your other property, not covered by this agreement, the property. The credit union will try to return that. ike it available fF + o?? J m. ;?arU After the credit union haspossessttr,p V the money received to'any" am nts yoe e r r *' union will give you notice of•any pubfic'sale or the dati?aftWwhich a°pnvate` ,,,? r sale will be field. The'expenses of the credit union for taking possession'- of and selling the property will be deducted front the money -r eiKed from the sale. Those costs maj Affli??Ehe.cost of storing the pr erty,.-Oeparing , it for sale and attorney's fees-to the errrtenrpermttted underVate tauror two awarded-under §506(b)'oftfie Banllruptcy'Code'T6'restofthe' i'ale"fnoney will be applied to what, yotr•ov p the credit union. If you have agreed t paY It,e jQan, you will also have to pay any amount ' that remains unpaid after the sale money has been..appiied_to what you;;' owe on the loan and under. this agreement. You agrge tq pay interest on , th.-A I ;"i tIIf on 1v this I(;Rn and not MIlrr ?I[ I i„i;r . OWNERSHIP OF THE PROPERTY Yr,u; , properly, or if this loam is to buy the pr;prrt r, r „ ; l,, Inan for that purpose. You promise that ro on, nr claim against iJ)e property that ynu h i", nr,t u(rear,c; rF r >-, :' ?ii. ,rhout. You prorrrisp not to sell or laaso Ih" I,: fr rr ? Inn with anpthercreditor until 4rr;ur Irr.1n • ? ' Ynu promise you will allow no security infer„-! either by your actions or by operation of law. PROTECTING THE SECURITY INTEREST If for the property, you promise to have ilie /.rnr';t shown on the title. The credit union may havo to :•uh:-i ", statement to protect its security interest from th r rm. , , to do so, you promise to sign a financing ,fntPmrsnt '+ cfo whatever else the credit union thinks is nary Ir interest in the property. USE OF PROPERTY -- Until the loan has been p---,id (W. /, nr? v) will: (1) Use the property carefully and keep it in (p?or ;--)air I, I r.'it,nn written permission from the credit union before makinc, n .il;; I;.. , the property. (3) Inform the credit union in writinq fwf, address or the address where the property is kep! (?) /11.,_,v, +I to inspect the property. (5) Promptly notify tho audit uiru;n is damaged, stolen or abused. (6) Not use the I op• I,%! purpose. PROPERTY INSURANCE, TAXES AND FEES You taxes and fees (like registration fees)'due on the props.;, iv ,:.Ir; ; Property insured against loss and damage. Ths Amr,IUoi anri Ilse pnjporty ir'j,, l ;iw o must hn 'li'p provide the property insurance throuuh I rmlir,, ;r ., "`TRE PROPFRTY tiRI;rSPlnrr a: I ITICF.? ,r? ` ATF nF h"i ^d ate ,) o of they property are _. .. , , JkI,he pluperty at r ri; ?.??R3 Tnt be lr-i for Aid r ( n.r„1' IJ? •.U, ,Ftment. 7- r';Urn that t 'h^ rr = 't 'mn has possession of the property, it can sell it and apply ,^ "?•'"? ''? '?!"."t?n^t.^ "(1i1 n•,1.n rhn credit union, The credit at;b!i! 3.,Ir date afterwhich a pr ' Ivate 01 for taking possession ,, +, ?d f r. .,r-?,.r !I ilrr n true rr iney rereived from t ri; ;.:. r .rrrttl,•, -r stc Iq If'.-> n pn?Ity. preparing ,.,., . }e ,?.., •, ,,.,} ., r r fate law or r^ m;tred undns The rf, t'',? sale'roney ,, 1 ?t :-'ij C" e r .i !' III Utl. _. „ to pay it'E Igan_, yuu ,.III iii ?o have to pay any amount. -.I,: rnoney has been applied to what you i:;dcr ti;,, ag;ecrncnt. Ynu agree to pay interest on i;"ie ., ;h?? luau Lirui :h,at amount has been paid.- C- .i_A atsf; RIGHTS AND CHANGES IN THE AGREEMENT s; , : clcing arty r,f its rights under this agreement 1,viihout losihp MI51'a ility 4-1 exercise its rights later. ;grec!nenz ,ayainsl you heirs or'legal It 11, f Ln,?,ri changes t1C? terms of the loan, you agree ,t ;r,il -miinue to protect the credit union. County o _ The undersigned notary public certifie that thic tree :: :, - nr. r rr r '(1 and , M, ercrr r, the der trr named therein nrld to the secured party hernin_ (Seal) ( My Commission expires: STi)-MC (3183) FOR TENNESSEE CREDIT UNIONS ONLY- USE WHEN AUTOMOBILE IS PURCHASFI'l NOTICE If you do not purchase the and the credit union purchases the in?ur:)r. by the credit union will cover, only thr rrnrf r The insuranre will not be liability ;nsi r mro You have read the above statement ?nri nrr ?•I^, has explained it to you. SIGNATURE .Y, X SIGNATURE X )I A CREDIT UNIONS ONLY - +"ltt n t1n'C)tt VrlIICt F IS PURCHASE "-1 ION MAYBE IANS 1(71 SE3SED AND SOLD u +r. rn r, an,;fv rt.rrc ni tF?: TO THE SECURED A 'j Pr:-T! 11 r) std T14AT SAI F' W,!) MAY HAVE TO F AmeriChoice F E D E R A L C R E D I T U N I O N Cuinherland Conntfs Cornmrrnily Credit Union NOTICE OF REPOSSESSION AmeriChoice Federal Credit Union February 18, 2000 JACQUELINE LIGHTBODY APT 1801 2600 NETHERLAND AVE RIVERDALE, NY 10463 You are hereby notified that we have retaken your 1992 BMW 325i, Serial Number WBACB4316NFF88252 motor vehicle because of default in payment under a security agreement. The vehicle is stored at 26 St. Johns Place, Freeport, NY 11520 and may be redeemed by you within 15 days from the date of this letter, by remitting to the office of the Credit Union at the address shown below, the following amounts: Unpaid Balance $ 7,049.32 Cost of retaking/and repairing (towing) $ 400.00 Cost of Storage (15 days 0 $30.00 per day, plus a $40.00 redemption fee) $ 490.00 Total amount payable to redeem vehicle $ 7.889.32?:_ Payment shall be made to, or notices served upon, the person signing this notice at the address of the Credit Union shown below. If you do not exercise your rights, we will dispose of the vehicle at a private sale, at 3:00 PM on March 6, 2000. You will be responsible for any loss sustained by the Credit Union. You must redeem any personal belongings and plates left in the vehicle within 30 days from the date of this letter or they will be disposed of accordingly. AmeriChoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, PA 1 05?1 ; By: & A. Glatfeltpr Vice /,,ames President( Lending *PLUS ANY ADDITIONAL COSTS Main Office: 20 Sporting Green Drive, Mechanicsburg, PA 17055 ° Phone: (717) 697-3474 • Fax: (717) 697-3713 Mechanicsburg Office: 5267 Last Simpson Ferry Road, Mechanicsburg, PA 17055 - Phone: (717) 795-4800 , Fax: (717) 697-71352 Website: www.americhoice.org E mail Us Through Our Websi(e Eguel oppo itr .. r , .. , r"If)Frl n EXHIBIT LENDER CREDIT UNIONS' 1 ? 5 ? AmeriChoice F E D E R A L C R E D I T U N I O N Clin?l?c'rf.t???f (??nn?it?'? Conlnrunily 0-edit Union May 5, 2000 Jacqueline Lightbody Apt 1801 2600 Netherland Ave Riverdale, N Y 10463 Dear Ms. Lightbody : Please be advised that the Credit Union has sold your 1992 BMW 3251 (serial #WBACB4316NFF88252) to the highest bid o After paying all expenses incurred of $1,441.02 (see attached cows the loan balance of $450.03, there is a total deficiency balance of $1 891.05. We are demanding that the amount of $1,891.05 be paid in uon or Before 5/15/2000. If payment is not received by the said date, we will proceed without further notice to exercise our rights to protect our interest in this matter. Any and all costs incurred to collect the amount owed to the Credit Union will be charged to your loan balance. Please contact me immediately upon receipt of this letter to resolve this matter by calling (717)795-0241, during regular business hours. Sincerely, James A. Glatfelter Vice President/Lending Main Office: 20 Sporling Green Drive, Mechanicsburg, PA 17055 • Phone: (717) 697-3474 • Fax: (717) 697-3713 Mechanicsburg Office: 5267 Fast Simpson Ferry Road, Mechanicsburg, PA 17055 • Phone: (717) 795-4800 • Fax: (717) 697-7852 Website: www.anierichoic(,.org • E-trim( Us Through Our Website --- Equal Opportunity Ml?l NgI51MF NCUA? EXHIBIT D L E N D E R CREDIT UNIONS- I.FNt)Fh AmeriChoice F E D E R A L C R E D I T U N I O N CumhJril and Corrnly'.s Cnmrmmity C?rrdif Union EXPENSES INCURRED RE : 1992 BMW 3251 Serial # WBACB4316NFF88252 Account # 28586-062 , Lightbody, J. Repossession expenses : $464.00 Towing & Repairs : $780.23 Gasoline : $42.15 Miscellaneous return costs : $15.03 Cleanup/Prep to sell : $108.11 Title work : $31.50 Total expenses : $1,441.02 Main Office: 20 Sporting Green I)rive, Mechanicsburg;, PA 17055 - Phone: (717) 697-3474 • Fax: (717) 697-3713 Mechanicsburg Office: 5267 East Simpson Ferry Road, Mechanicsburg;, PA 17055 * Phone: (717) 795-41300 • Fax: (717) 697-7852 Wh•t ,' I ?-F I" TI I O Wt e si e. www.amcric uncc.org, -um i s lroug ur e )s t y w Equal _ CUA N Opportunity . r . • s rows amie?en FNfJFn LENDER CREDIT UNIONS- _ o y i i N ? i { N ? I J }D rm rrq Ln L" a > it z3z-? =as D m;$ p w a o <Y O. Z? d YYS V W p La ru fppp ^ N 2.. V$Z- O. 111 ? ??? EXHIBIT 3317!3 LOAN SALE AGREEMENT TkIIS 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 t'ompany, 4807 Jonestown Road Suite 247, Harrisburg PA 17109 (hereinafter referred to as "Buye? ). 1. in consideration of 55,070.39 (Five thousand seventy dollars and thirty nine cents) payable by bank check or by wire transfer, the Seller hereby sells, assigns, transfers anti conveys to Buyer without recourse, warranty, either expressed or implied, or liability except as herein expressly sot forth, all those installment sale contracts, credit agreements, invoices, indetrtedness, loans, 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 sate. 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: a. It has complied, to the best of its knowledge and belief, with applicable federal, state and local 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 Seller have brAm 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, cemetvatorship, 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, countenrc(aim, 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, are: i) involved in bankruptcy proceedings, ii) Receivables where the debtor is deceased without an cow, iii) originated by fraud iv) settled or paid Receivables. Buyer will have ninety (90) days from the due of this Agreement to deliver to Seller these accounts and supporting documentation as described in Exhibit B. Seller wi 11 repurchase those qualified accounts for the same percentage of the net outstanding balance that Buyer paid for EXHIBIT 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 herein are breached or any claim or defense exists against Buyer arising out of a breach of any warranty herein, Seller will repurchase such Receivables on written demand with proof of the breach for the some 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 than as herein provided. 5. Buyer may advise debtors who are obligated on the Receivables that it has purchased such Receivables and that all payments thereon shall be made to the Buyer and A legal and other action respecting the Receivables shall be taken by Buyer in its own name and not the name of Seller. b. Seller hereby constitutes and appoints Buyer the true and lawfW 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 Seller's agents, on said Receivables from and after the close of business on the date of this Agreement shall be tumed'over and delivered to Buyer at the time of the consummation of this Agreement. If the Seller receives such payments after this Agreement is consummated, Seller shall turn theta over 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 finds is attributable together with any sums collected by Buyer on such receivables. 9. Buyer represents and warrants to Seller that: L It is a sophisticated investor and its bid for and decision to purchase the ?account Package pursuant to this Agreement is and was based upon Buyer's own independent evaluation of the information made available by Seller to Buyer, and Buyer's independent evaluation of the 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 male, 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 therec-n. c. It has full power and authority to purchase the Receivables from Seller and 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 the Receivables by Buyer, the ownership thereof by Buyer or the collection or enforcement thereof by Buyer. e. It will comply with all applicable laws, rules, regulations, ordinances and judgments relating to 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 resptxt. 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 cost of legal counsel), 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 aft expenses being shared equally by the parties. L 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 fl'om 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 patties 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 E3 BITS ATTACHED HERE TO BECOME A PART OF AND ARE INCORPORATED INTO THIS AGREEMENT. y: a By: Carl Succa Daft Vice President of nding President/CEO AmeriChoice l: eral Credit Union Commercial Acceptance Company ' v?/11u?~wii?.? ?,?uMCE DUE JSC*N " Lbhtbody _ S1 Q01. STATEMENT OF ACCOUNT Jacqueline G. Lightbody File No: 348237 Original Loan Date: 3/7/97 Original Loan Amount: $17,410.52 Date of Charge-Off by Amenchoice FCU: 4/1/2000 Balance at time of Charge-Off: $1,691.05 Post Charge-Off Payments To Credit Union: $0.00 Accrued Interest Since Charge-Off at 7.75%: $1,097.28 Balance Including Interest Through 8/15/08: $2,788.33 EXHIBIT VERIFICATION I Lar l 'Suez& )Ore.S 1 derv (name) (title) 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. COMM CIAL C PTANCE CO By: Title: Pro?Il J .n Dated: p p 34764 Lightbody O° C= c C U 7: ` 00 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-05476 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMERCIAL ACCEPTANCE CO VS. LIGHTBODY JACQUELINE G R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT LIGHTBODY JACQUELINE G by United States Certified Mail postage prepaid, on the 18th day of September,2008 at 0000:00 HOURS, at 144 PIERCE BLVD WINDSOR, CT 06095 and attested copy of the attached COMPLAINT & NOTICE with a true Together The returned receipt card was signed by ROSE LIGHTBODY 09/23/2008 . Additional Comments: on Sheriff's Costs: So Docketing 18.00 i Service .59 R. Cert Mail 6.24 S4 Surcharge 10.00 1a'U7 jai, .00 34.83 Paid by KODAK & IMBLUM Sworn and Subscribed to before me this day of , Tno as xline ri f of Cumberland County on 10/01/2008 A. D. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jdcgueline? G. Lightbody 144 Pierce Blvd. Windsor, CI' 06095 ? Agent ? Addressee by (Ps , IslMvery addrets different fro If YES, enter delivery address 1? V Yes ? No 3. Service Type certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2 ?705 2570 0000 3803 2907 08-5476 civil PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 A COMMERCIAL ACCEPTANCE CO., Assignee : IN THE COURT OF COMMON PLEAS of Americhoice F.C.U. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-5476 CIVIL TERM JACQUELINE G. LIGHTBODY : CIVIL ACTION -LAW Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT EMGMENT Please enter judgment in favor of Plaintiff and against Defendant(s) JACQUELINE G. LIGH TBODY, 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 $3,346.00 Interest at the rate of 7.75% per annum from September 15, 2008 $32.40 Total = $3,378.40 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 C. By Robert D. Kodak, Attorney for Plaintiff DATED: /131 lag Judgment entered and damages assessed as above. 6?kltz , otho ry LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Telephone Robert D. Kodak 407 NORTH FRONT STREET 717.2 2 Gary J. Imblum POST OFFICE BOX 11848 Facsimile mile HARRISBURG, PA 17108-1848 717.238.7158 www.kodak-imblum.com October 14, 2008 9% Ift FILE P MS JACQUELINE G LIGHTBODY 144 PIERCE BOULEVARD WINDSOR CT 06095 RE: Commercial Acceptance Co., Assignee of AmeriChoice FCU VS: Jacqueline G. Lightbody Our File No. 34764 No. 08-5476 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Ms. Lightbody: In accordance with Pennsylvania Rules of Civil Procedure 237.1, 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, Pennsylvania, to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, RDK/ bjh enclosure KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-imblum.com THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. cc CARL SUCCA PRES COMMERCIAL ACCEPTANCE CO PO BOX 3268 SHIREMANSTOWN PA 17011 348237 COMMERCIAL ACCEPTANCE CO., Assignee of : IN THE COURT OF COMMON PLEAS Americhoice F.C.U. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-5476 CIVIL TERM JACQUELINE G. LIGHTBODY CIVIL ACTION -LAW FILE COPY Defendant IMPORTANT NOTICE TO: JACQUELINE G. LIGHTBODY, Defendant(s) DATE OF NOTICE: October 14, 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 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 AVISO IMPORTANTE A: JACQUELINE G. LIGHTBODY, Defendido FECHA DEL AVISO: October 14, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ?a C --U Lt7 © tr ,, J ? A?, f V ` f f TYJ ?+' 11 na C? 0 o c-7 m m COMMERCIAL ACCEPTANCE CO., Assignee of Americhoice F.C.U. Plaintiff v. JACQUELINE G. LIGHTBODY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5476 CIVIL TERM CIVIL ACTION - LAW TO: TACOUELZM9 LIGETBODY . Defendant(s) You are hereby notified that on _ Deb R1 , 2089 the following (Judgment) has been entered against you in the above-captioned case. bdgwent enf=d in the amount of $ 3378 40 DATE: FCoihon9WtjF--/ I hereby certify that the name and address of the proper person(s) to receive this notice is: MS JACQUELINE G LIGHTBODY 144 PIERCE BOULEVARD WINDSOR Cr 06095 N