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Home My WebLink About10-1883SUSQUEHANNA VALLEY THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW FERNANDO ESQUIVEL DEFENDANT NO. NOTICE a YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: q, t P? 3 ell Law Firm 19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 SUSQUEHANNA VALLEY THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW FERNANDO ESQUIVEL DEFENDANT NO. COMPLAINT 1. The Plaintiff is the Susquehanna Valley Federal Credit Union with a principal place of business located at 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff is a federally chartered non-profit credit union 2. The Defendant Fernando Esquivel is an adult individual residing at 367 Clark Road, Hummelstown, Dauphin County, PA 17036. 3. The Defendant is not a current member of the Armed Forces of the United States. COUNT 1: SVFCU BOAT LOAN 4. On April 29, 2006 Defendant executed a Loan Agreement attached as Exhibit "A" in the amount of Sixty Six Thousand Eight Hundred Fifteen and 44/100 ($66,815.44) Dollars at 9.99% interest and pledged as collateral a 2005 Powerque 260 Legends Boat (VIN PPN264981405) and a 2005 Vanguard Trailer (VIN 45JB2FW2951003996). Defendant was the borrower under this Loan Agreement. 5. The terms of Exhibit "A" required 72 monthly payments of $1,238.67. 6. Defendant failed to make timely payments and the boat and trailer were repossessed and sold. 7. After applying the proceeds received from the auction towards the boat loan there remains a principal balance due of $24,828.36 plus past due interest at 9.99% with a $6.41 per diem from February 2, 2010. 8. Defendant has made no regular payments despite repeated requests. 9. Pursuant to the Loan Agreement the Defendants agreed to pay all "court costs and reasonable attorney fee" incurred in any collection action. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $24,828.36 (principal plus past due interest) at 9.99% interest from February 2, 2010 diem of $6.41 together with all court. costs and an award of attorneys' fees. Respectfully submitted, By: SXen Hgkvell, Esquire ,Rowell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 03/15/2010 13:53 7177701278 HOWELL LAW FIRM PAGE 02/11 Verification I verify that the statements made in the forgoing document arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. T. verify that T am the President of the Susquehanna Valley Federal. Credit Union and that I am authorized to execute this document. By. 1.". ) 'w' Stephen J. ri ndamour, President SVFCU SUSQUEHANNA VALLEY FEDERAL CREDIT UNION ,3850 Hartzdale Drive Camp Hill, PA 17011-7809 (717) 737-4152 Open-End Voucher and Security Agreement F- BORROWER INFORMATION BORROWER i NAME ACCOUNT NUMBER AMOUNT REQUESTED DATE Fernando Esquivet AWAM s 66,815.44 04/29/2006 BORROWER I ADDRESS 367 CLARK RD HUMMELSTOWN, PA 17036 HOME TELEPHONE NUMBER Y NUMBER PURPOSE: USED BOAT (717)-520-1542 MEMpqmmmqpw BORROWER 2 NAME BORROWER 2 ADDRESS ACCOUNT NUMBER DEPOSIT CHECK IN ACCOUNT NUMBER/OTHER: SOCIAL SECURITY NUMBER CHECK PAYABLE TO: REPAYMENT METHOD: Funds Transfer BORROWER 1 EMPLOYER NAME WORK TELEPHONE NUMBER DATE HIRED GROSS MONTHLY SALARY HERSHEY CHOC CO (717)- - 11/01/1993 $3,430.35 BORROWER 2 EMPLOYER NAME WORK TELEPHONE NUMBER DATE HIRED GROSS MONTHLY SALARY S NOTICE: YOU DON'T HAVE TO INCLUDE INCOME FROM CHILD SUPPORT, SEPARATE SOURCE OF OTHER INCOME OTHER MONTHLY INCOME MAINTENANCE, OR ALIMONY UNLESS YOU WANT THE CREDIT UNION TO CONSIDER IT. RENTALS s2,708.00 WHAT YOU DINE LIST ALL DEBTS OTHER THAN TO THIS CREDIT UNION (Attach additional sheet(s) if necessary.) PRESENT BALANCE MONTHLY PAYMENT CURRENT INTEREST RATE HOMEQ $ 59,500.00 $ 428.00 % SVFCU $ 36,400.00 s 723.00 % s $ % s s ?, SUBSEQUENT ELECTION FOR VOLUNTARY PAYMENT TECTI You can now voluntarily elect to become insured with the coverage(s) shown below. In order for coverage to become effective you must meet all insurance eligibility requirements stated in the Credit Insurance Application/Schedule. NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. If you need a copy of the Insurance Certificate, just ask. By signing below, you authorize us to add the charges for the insurance to your outstanding balance each month. Coverage election applies to the entire balance on this SUbaCCOUnt. Insurance rates are subject to change. COST PER $100 OF YOUR NAME OF INSURED(S) YOU ELECT THE FOLLOWING: MONTHLY LOAN BALANCE NO Single Credit Disability SEE SEPARATE NO RATE SCHEDULE NO Single Credit Life .070 NO Joint Credit Life .123 REPAYMENT' TERMS >- DAILY PERIODIC RATE ANNUAL PERCENTAGE RATE INTEREST RATE IS: OTHER FEES (Amount and Description) NEW BALANCE THIS SUBACCOUNT Z .027370% % 9.99000 % Fixed $N/A s 66,815.44 MOUNT ADVANCED PAYMENT AMOUNT DATE DUE PAYMENT FREQUENCY LINE OF CREDIT LIMIT REMAINING LIMIT tul s66,815.44 $1,238.67 06/01/2006 Monthly $ $ Your term will be approximately 72 payments, which may be more or less, depending on whether you prepay have , late payments, or insurance is added, etc. O SECURITY OF .EKED X C > N ME ' CLAIMS' AND DEF -NSE -- IF CHECKED, SEE MR-AGRAPH 6> FOR, NOTICE ` ?- THE ADVANCE IS SECURED BY YOUR SHARES ALL PROPERTY SECURING OTHER PLAN ADVANCES D O , AN LOANS RECEIVED IN THE PAST OR IN THE FUTURE, AND THE FOLLOWING PROPERTY/MODEL CC YEAR I.D. NUMBER VALUE KEY NUMBER P O WEROUE 260LEGENDS BOAT TITLE ? / 2005 PPN264981405 s 69,140.00 ViwRo') W-?,k? Zeta Hs ? Fjw l_Tto 3`??c? $ o T.'a $ PLEDGE OF SHARES ACCOUNT PLEDGE OF SHARES ACCOUNT AND/OR DEPOSITS $ NUMBER AND/OR DEPOSITS $ NUMBER SIGNATURES By signing below, by endorsing the proceeds check or by using the amount advanced and deposited into your share/share draft account you agree: 1. To make and be bound by the terms of this Security Agreement including the cross collateral clause: 2. The above information is true and correct and the Crock Union will rely on that information and your credit report to make a credit decision; 3. To make payments as disclosed above in accordance with the terms of your Plan. ISEALI-/-*7/ -7 X (SEAL) 8 OWE. 1 SIGNATURE DATE BORROWER 2 SIGNATURE DATE X (SEAL) X (SEAL) 1__ 4LZ SIGNATURE OWNER OF COLLATERAL (Other than a Borrower) DATE SIGNATURE OWNER j-p F.?+a+uf ^.: r.. er) DATE ® CUNA MUTU L'.3ROUP, 1980, 82, 84, 86, 89, 98, 99, 2000, 02 ALL RIGHTS RESERVED CREDIT UNION COPY E„ VXX065 (LASER) Susquehanna Valley Federal Credit Union IFernando Esquivel ICIate 04/29/2006 SECURITY AGREEMENT In this agreement all references to "credit union," "we," "our," or "us" mean the credit union whose name appears on this agreement and anyone to whom the credit union assigns or transfers this agreement. All references to "you," "your," and "borrower" mean each person who signs this agreement. All references to "the advance" mean the amount in the box labeled "Amount Advanced" on page one. All references to "the Plan" mean the Credit Agreement under which the advance was obtained. Some of the provisions of this agreement apply only if the Credit Union is state chartered. A credit union has a state charter if its name does not include the words "Federal Credit Union" or "FCU". This is a multi-state document which may be used to lend to borrowers in all states except Louisiana and Wisconsin. 1. THE SECURITY FOR THE PLAN -- By signing this security agreement in the signature area or under the statement referring to this agreement which is on the back of the check you receive for the advance, you give us what is known as a security interest in the property described in the "Security Offered" section on page one. The security interest you give includes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the advance or any extensions, renewals or refinancings of the advance. It also includes any money you receive from selling the property or from insurance you have on the property. If the value of the property declines, you promise to give us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS -- The security interest secures the advance and any extensions, renewals or refinancings of the advance. It also secures any other advances you have now or receive in the future under the Plan and any other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the advance and not other amounts you owe. 3. OWNERSHIP OF THE PROPERTY -- You promise that you own the property you give as security or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the advance is repaid. You promise you will allow no other security interest or lien to attach to the property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST -- If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property, to the extent permitted by applicable law. 5. USE OF PROPERTY -- Until the advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 6. CONSUMERS' CLAIMS AND DEFENSES NOTICE - The following paragraph applies only when the box on page one is checked. I M N - Le", NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 7. PROPERTY INSURANCE, TAXES AND FEES -- You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE -- If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 9. DEFAULT -- You will be in default if you break any promise you make under this agreement. You will also be in default if you are in default under the Plan. If you are pledging property, but have not signed the Plan, you will be in default if anyone is in default who has signed the Plan. 10. WHAT HAPPENS IF YOU ARE IN DEFAULT -- The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia and state chartered credit unions lending to South Carolina borrowers. When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in all other states and federally chartered credit unions lending to South Carolina borrowers. When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. (Continued on next page) 0 CUNA MUTUAL GROUP, 1980, 82, a4, 86, 89, 98, 99, 2000, 02, ALL RIGHTS RESERVED CREDIT UNION COPY VXX065 (LASER) Susquehanna Valley federal Credit Union Fernando Esquivel Date 04/29/2006 6 The following paragraphs apply to alf borrowers. You agree the Credit Union has the right to take possession of the property given as security under the Plan, without judicial process, if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time and place we choose. We will not be responsible for any other property not covered by this agreement that you leave inside the property or that is attached to the property. We will try to return that property to you or make it available to you to claim. After we have possession of the property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Plan. If you have agreed to pay the Advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Advance and to what you owe under this agreement. You agree to pay interest on that amount at the same rate as the Advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount has been paid. 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -- We can delay enforcing any of our rights under this agreement any number of times without losing the ability to exercise our rights later. We can enforce this agreement against your heirs or legal representatives. If we change the terms of the Plan, you agree that this agreement will continue to protect us. 12. CONTINUED EFFECTIVENESS -- If any part of this agreement is determined by a court to be unenforceable, the rest will remain in effect. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE ---THE MOTOR VEHICLE IN THIS TRANS- ACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 14. NOTICE FOR ARIZONA OWNERS OF PROPERTY -- It is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000. THE PROPERTY DESCRIPTION ON PAGE ONE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON PAGE ONE. FOR CREDIT UNION USE ONLY REQUESTED: MEMBER PAYS CHECK NUMBER: BRANCH NUMBER: PREMIUM FOR: PLAN/SUBACCOUNT NO.: PROCESSED BY: LNS uH J t APPROVED APPROVED SIGNATURE LINE OF CREDIT OTHER U IHER DEBT RATIO/SCORE DENIED LIMITS: BEFORE AFTER 04/29/2006 H(Adverse Action Notice sernl_ J_ $ $ $ $ 38.93000 % LOAN OFFICER COMMENTS: SIGNATURES: X DATE X DATE 0 CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 98, 99, 2000, 02, ALL RIGHTS RESERVED CREDIT UNION COPY VXX065 (LASER) 2. A? X77 T, V D sr? 'I- ruth-In-Lend ing Disclosure rt ?:lut :a:^' ;; ` t'.•.?J _ _, :. t . .e.I Ltlll ,. i t l'e.i \?r?Caie lt. i Ile rm '1t P" 3. 1 por,.ted .in"! a }Y,lrl 't l .. i-ymlr I,OAN1 ."?•-,h tt Annual Percenta<,e Rate. The interest rate on your loan, dated T- is _ % APR: Dailv Periodic Rate: _?0 ?' q Lines of Credit The current interest rate on your Line ol• Credit, originated/)is JU)Iq % APR: Daih' Periodic Rate: _ Nf t _ Thr anlclunt of filture _,ine of Credit paNment; :vill be established and disc! >;ei! On talc acciltnpclnyin;< <ourhel at tlt tint r h Flikallce. Your 11111111771117-1 p.1\ lllellt wl!l be; 3'% of die balmice :it the ('mc of-::ich :i(kance, but laver less tllwn S20 "0 Dtic aat?s and/or interest rates llt:iv also be adlttstcd by die Credit U"nlon at the tltric; ?1 CJCh adcan:,e. ]t your Lltle of Crc:ii{i becomes past due in excess of 30 (lays, the limit will be reduced to zero and the credit linc closed. Share Secured Loans If vour Share Secured Loan is 30 days past due, the Credit i rnion mill notify vou. If ne px"nlent is made at 50 da" s past ULe the pledged shares/certificates will be captured to pav the loan In. full- Other Charges ?_ollcctton Costs: YOU agree to pav all cilliection costs, incl.udinv, court costs and attornev's fees, as permitted by Law. Late Fees: A S20 late fee will be charged on all payments rec eived more than 14 days past the duce date. NSF Charge: You will be cnasged a S25' fee It vour payment is made with a non-sllitlcletlt funds check. [-dine Fees: If a security inter; st is taken, vou will be charged the fcc Chat ptaticular government a`,encv levi es to perte t that security interest. BY SiGtC\G, YOU VERIFY THAT YOLU HAVE BEEN GIVEN A COPS" AND AGREED TO THE TER<,•IS OF THtS ADDENIDUTNI. _SIGNATM E !?1\te/! a ( \ \: t? II ! !'•.? I.-t!l i-?1t1?? f? ?.. 1 U_) \ t? SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 7011-8035 !7171 737-41i2' 1 NAME (Pleas rint) ACCOUNT 14'??C ? c(.i Vfu? ? Thi ; LOANLINER11 Credit Agreement, which includes the Truth in Lending Disclosures, will be referred to as "the Plan." The Plan documents include this agreement and an Ad( endum. "You", "your" and "borrower" mean any person who signs the Plan. "Cr Ait Union", "we", "our" and "us" mean the Credit Union whose name appears on the Plan or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called "advances") uncer the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other tents and a schedule for determining the payment amounts. 1. You have received and read the LOANLINERr Credit Agreement, including the Addendum ("Agreement") and Borrower Copy of the LOANLINER0 Credit Agreement and Voluntary Payment Protection. By signing below you agree to be bound by the terms of the Agreement. 2. You grant us a security interest in all individual and joint share and/or yp,Qsit accounts you have with us now and in the future to secure what you 2 NAME (Please Print) ACCOUNT NUMBER 2. CREDIT LIMIT-We may, but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT- You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different day at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still on reverse side) owe under the LOANLINER11 Credit Agreement. When you are in default, you authorize us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account, and any other account that would lose special tax treatment under state or federal law if given as security, are not subject to the security interest you have given in your shares and deposits. LA ./ - - (SEAL) _ L -D u A B77;;1GNATURE DATE BORROWER 2 SIGNATURE Open-End Plan Signatures CUNA Mutual Insurance Society a Madison, WI 53701-0391 a Phone: 800/937-2644 "You" or "Your" means the member and the joint insured (if applicable). Credit insurance is voluntary and not required in order to obtain your loan. You may select any insurer of your choice. You have established an open-end Loan Plan with the Credit Union. Your Loan Plan may consist of one or more Loans. You are applying to the. Society for credit insurance. You authorize the charges for insurance to be added to your Loan Balance each month and understand that interest will accrue on (SEAL) DATE these charges the same as it accrues on amounts of advances which are added to your Loan Balance. 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 witnessed. CREDIT OF YES NO COVERAGE SELECTED COST PER $100 SINGLE CREDIT LIFE OF YOUR MONTHLY $.07 LOAN BALANCE COST PER $100 JOINT CREDIT LIFE OF YOUR MONTHLY $.123 LOAN BALANCE ARE YOU MAXIMUM AGE UNDER AGE 65 ? FORINSURANCE 65' MAXIMUM INSURABLE BALANCE 'UNDER CREDIT LIFE AND DISABILITY, THE PER LOAN ACCOUNT MAXIMUM ELIGIBILITY AGE FOR COVERAGE $ 50,000 IS 65, WITH NO MAXIMUM TERMINATION AGE. SIGNATURE OF JOINT INSURED MEMBER DATE X 1L ? ? 24-06 SIG 40`01`1105F MEMBER DATE (Be Zuni to deck one of the boxes abc APP.811-0786PA YES NO COVERAGE SELECTED PREMIUM SCHEDULE xy SINGLE CREDIT DISABILITY SEE SEPARATE RATE SCHEDULE \J ON THIS DATE, ARE YOU PHYSICALLY WORKING FOR A SALARY OR WAGES A MINIMUM OF 25 HOURS A WEEK? ARE YOU 65 MUM AGE 65" F UNDERAGE ? INSU RANCE F MAXIMUM MONTHLY TOTAL UNDER CREDIT LIFE AND DISABILITY, THE DISABILITY BENEFIT *MAXIMUM ELIGIBILITY AGE FOR COVERAGE $ 850,00 IS 65, WITH NO MAXIMUM TERMINATION AGE. If you are totally disabled for more than 14 days, then the t will begin with the _ j5th day of WI I Nt55 ( / A X rim X _ -? S OF MEMBER DATE (Ba suro to cMck oM or ,hm boars abovoy? APP.801-0786PA ®CUNA MUTUAL GROUP, 1990.32, 34, 86, 89, 98, 99, 2000, 04, 05, ALL RIGHTS RESERVED ?Rl=L7iT UNION COPY FLEXIBLE AGREEMENTBXSYSTEM TO DREIER: 1-800-356-5012 X025 THE FOLLOWING STATEMENTS MADE BY YOU ARE REPRESENTATIONS AND ARE TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF: E INSURANCE CREDIT DISABILITY INSURANCE NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. i,,4' A!* # ? h,? +L91 4 `?O ?? Credit Agreement (continued) be required to make the regularly scheduled payments unless we agree in writing to a us updated financia! information. change in the payment schedule. If you have a joint share draft account, you will be 13. WAIVER - We can delay or waive enforcing any of our rights under this Plan, responsible for paying all overdraft advances obtained by a joint holder of the share including your obligation to make timely payments, without losing our right to enforce draft account. Unless otherwise required by law, payments will be applied to amounts the terms of the Plan at a later time. If the law makes any term(s) of the Plan owed under the Plan, in the manner the Credit Union chooses. unenforceable, the other terms will remain in effect. 4. PLAN ACCESS - You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/ Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debit card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain unauthorized advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATM/Debit card, even if the withdrawal results in an advance being made from your overdraft subaccount. 5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a "finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. 6. SECURITY -You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default If credit union has a federal charter: Statutory Lien - If you are in default on a financial obligation to us, federal law gives us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this right without further notice to you. (We have a federal charter if our name includes the term "Federal Credit Union.") If credit union is state chartered, except in Ohio, Rhode Island, and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term "Federal Credit Union.") For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans you have with us may also secure the Plan. 7. PROPERTY INSURANCE -You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose that is acceptable to the Credit Union. 8. VOLUNTARY PAYMENT PROTECTION - We may offer Voluntary Payment Protection to you. Voluntary Payment Protection is not necessary to obtain credit. If you purchase Voluntary Payment Protection from us, you authorize us to add the fees or insurance charges monthly to your loan balance and charge you interest on the entire bal- ance. At our option we will change your payment or the period of time necessary to repay the loan balance. The rate used to determine the fees or insurance charges may change in the future. If the rate changes, we will provide any notices required by applicable law. 9. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all. 10. JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against all of you together. If you give us inconsistent instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. 11. FEES AND CHARGES - if you give us a security interest in certain types of property, we may charge you a filing fee to perfect our interest in the property. If we do, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. 12. UPDATING CREDIT INFORMATION - You promise that you will promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request, you also agree to provide 14. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, Maine and state chartered credit unions lending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers in Wisconsin: You will be in default if you fail to make a payment when due two times during any 12 month period. You will be in default if breaking any promise made under the Plan materially impairs your ability to repay what you owe. You will also be in default if breaking any promise made under a Security Agreement made in connection with an advance, materially impairs the condition, value, or protection of or our right in any property you gave as security. The following paragraph applies only to borrowers in Iowa: You will be in default if you are more than 10 days late in making a payment. You will also be in default if you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all other states and federally chartered credit unions lending to South Carolina borrowers: You will be in default 9 you do not make a payment of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statements in any credit application or update of credit information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us. 15. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia, Wisconsin and state chartered credit unions lending to South Carolina borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in all other states and to federally chartered credit unions lending to South Carolina borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraph applies to all borrowers: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid, at the applicable interest rates in effect or, if applicable, at the default rate disclosed on the Addendum. If a demand for immediate payment has been made, your shares and/or deposits can be applied towards what you owe as provided in the Section above called "Security". We can also exercise any other rights given by law when you are in default, and any rights we have under any Security Agreements you have with us. 16. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to state chartered credit unions lending to Illinois borrowers. We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraph applies only to borrowers in Wisconsin. We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states and federally chartered credit unions lending to Illinois borrowers: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers. An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You can cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan. 17. The following is required by Vermont law: NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. 18. NOTICE TO UTAH BORROWERS: This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. SHERIFF'S OFFICE OF CUMBERLAND~COI~~T~( Ronny R Anderson ,.~*~.~: Sheriff ~~~-~~~ ~~~ti,c1y, o~ ~;trul~F~,,. ~ Jody S Smith cn;ef Deputy 201 ~ MAR 25 PM 2 ~ 4 5 Edward L Schorpp Solicitor a~~ ~ - - .~tIM~~ ~{i.,~~'lfiJ C;=JuMY PENMS`~..V~J>A Susquehanna Valley Federal Credit Union vs. Case Number Fernando Esquivel 2010-1883 SHERIFF'S RETURN OF SERVICE 03/17/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Fernando Edquivel, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 03/22/2010 Dauphin County Return: And now March 22, 2010 at 1127 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Fernando Esquivel by making known unto Flava Smeth, Mother of defendant at 367 Clark Road, Hershey, PA 17036 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, March 25, 2010 RfJN R ANDERSON, SHERIFF Mary Jane Snyder Real Estate Depu William T. Tully solicitor ~. Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin SUSQUEHANNA VALLEY FEDERAL CREDIT UNION VS FERNANDO ESQUIVEL Sheriff s Return No. 2010-T-0776 OTHER COUNTY NO. 101883 And now: MARCH 22, 2010 at 11:27:00 AM served the within COMPLAINT upon FERNANDO ESQUIVEL by personally handing to FLAVA SMETH 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 367 CLARK ROAD HERSHEY PA 17036 MOTHER Sworn and subscribed to before me this 24TH day of March, 2010 ~~/ NOTARIAL SEAL RY JANE SN fDER, Notary Public Highspire, Dauphin County M Comit~ission Ex ices Seat i, 2010 So Answers, ~'~°~~~ Sherif f Dauphin County, Pa. By Depu Sheriff Deputy: G MILLER Sheriffs Costs: $49.25 3/19/2010 In~The Court of Common Pleas of Cumberland County, Pennsylvania Susquehanna Valley Federal Credit Union vs. Fernando Esquivel 367 Clark Road Hummelstown, PA 17036 Civil No. 2010-1883 Now, March 17, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. /~ n of Cumberland County, PA Now, within upon at by handing to and made known to Sworn and subscribed before me this day of ,Zp Affidavit of Service 20 , at o'clock So answers, M, served the the contents thereof. JIIGI VI Vl COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA copy of the original ., SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, PLAINTIFF V. FERNANDO ESQUIVEL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n ~ CIVIL ACTION-LAW ~ _ ° : c _ ~_ NO. 10-1883 , ~ q i r-''- JURY TRIAL DEMANDED C_J PRAECIPE FOR ENTRY OF APPEARANCE ~ ~~= ^..' L TO THE PROTHONOTARY: ~ ~s ,., ~~ ~`~ ~'/ _~' -;=. _~ ~n ._~ Kindly enter the appearance of F. Dean Morgan, Esquire and the Law Office of F. Dean Morgan as attorneys for the Defendant, Fernando Esquivel, in the above captioned matter and mark the docket accordingly. LAW OFFICE OF F. DEAN MORGAN ~i F. DEAN MO G ,ESQUIRE PA I D# 203088 LAW OFFICE OF F. DEAN MORGAN P.O. BOX 73$ HERSHEY, PA 17033 (717)303-5853 (tel.) (717)585-6574 (fax) dean(a~fdeanmorgan.com Date: ;;, SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. FERNANDO ESQUIVEL DEFENDANT CIVIL ACTION-LAW NO. 10-1883 JURY TRIAL DEMANDED ANSWER AND NOW COMES, Defendant, Fernando Esquivel, by and through his attorney, F. Dean Morgan, Esquire and the Law Office of F. Dean Morgan who files this, his Answer to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. n o c_ ~ o 3. Admitted. ' ~ ~-- Y' ~y 4. Admitted. ~ ~ - ~ <-f=: 5. Admitted. ~ ~_-~:~ - , T' ~-- N 6. Admitted. ~ ,;,_ ..,, 7. Denied. After reasonable investigation, Defendant is without knowledge sufficie nt to form a belief as to the truth of the allegations as set forth in Paragraph 7 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 8. Admitted. 9. Admitted. --+ ~~ ~~ ~ . .Y~ ; ri WHEREFORE, Defendant, Fernando Esquivel, respectfully requests this Honorable Court enter judgment in his favor together with costs of suit. Respectful~,y,Submi F. DEAN MORG~Y, ESQUIRE PA I D# 203088 LAW OFFICE OF F. DEAN MORGAN P.O. BOX 738 HERSHEY, PA 17033 (717)303-5853 (tel.) (717)585-6574 (fax) dean fdeanmorgan.com t .~ .. VERIFICATION I, Fernando Esquivel, individually, verify that I am the Defendant in the foregoing action and that the Answer is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the Answer is that of counsel and is not mine. I have read the Answer and to the extent that it is based upon information which I have given to my counsel, is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Date: l0/~5 ~O ' , . SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, PLAINTIFF V. FERNANDO ESQUIVEL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 10-1883 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Q'"' day of June 2010, I, F. Dean Morgan, Esquire hereby certify that I have this date served a copy of this Answer by United States Mail, addressed to the party or attorney of record as follows: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 LAW OFFICE OF F. DEAN MORGAN BY: F. D AN MORG ,ESQUIRE Attorney I.D. No. 203088 P. O. Box 738 Hershey, PA 17033 (717) 303-5853 dean@fdeanmorgan.com Attorneys for Defendant Esquivel ~~ 07/06/2010 10:47 7177701278 SUSQUEHANNA VALLEY FEDERAL CREDIT UNION PLAINTIFF VS. HOWELL LAW FIRM PAGE 02105 IN THE COURT OF COMMON PLEAS CUMBFI~I.AND COUNTY, CIVIL ACTION -LAW FERNANDO ESQUIVEL, n ,_; DEFENDANT NO. 10-/883 `-~ ~-~ .~ ='` -- . ~ r-._ ~ STIPULATION ~ = -- -~' , .~- ~ y __, =- , 1.. Plaintiff is represented by Steven Howell, Esquire. ~= - =° , ~? ~, ~= 2. Defendant is represented by F. Dean Morgan, /;squire ~ '~ 3. Ozf May 3, 20.X0 a judgment was entered in the Cumberland County Court of Common Pleas for $x5,829.62 plus all costs. See Exhibit "A". (Rule 23G Notice and Praecipe to Enter Default Judgment). 4. The parties have entered into an agreement which permits the Defendant to sati the judgment izz full using one of two repayment options. QpNon One Repayme~at Terxns: The I?Iaintiff shall, mark the judgment as satisfied and paid in full if the Defendan delivers an oft~icial check or cashier's check made payable to the Susquelaantaa Valley 1~~;deral Credit Union in the amount of Twelve Tlxousand a~ad 00/100 ($x2,000.00) Dollars on or before July ].S, 2010. If the Defendant fails to select the repayment option set £o~~tb in Paragraph 5 he shall be bound by the repaymern option set Earth in Paragraph G. The $12,000.00 o£f cial cb~eclc or cashier's clae r~aast be received on or before July 15, 2010. Option Two Repayment'1<'er~oas: 6. In the alternative if. the Deiendant fails to tender $12,000.00 as set forth in Paragraph 5, tb.e Defendant shall timer pay Five Hundred and 00/x.00 (8500.00; Dollars per month o.n or before tl~.e l.5 of each month for thirty two (32) months with the first payment due July 15, 2010 until the sum o£ Sixteep Tttoasa~ud aid 00/100 ($16,000.00) Dollars is paid in :full. Upon receipt of the final 32na payme~ for a total repayment of $1.6,000.00 the judgment shall be marked as satisfied and paid in full. All checks shall be payable to the Susquehanna Valley Federal Credi Union located at 3850 Hart7dale Drive, Camp Hill, PA 1701 I. 07/06/2010 10:47 7177701278 HOWELL LAW FIRM PAGE 03105 7. if the Defendant fails to honor this stipulation by either not tendering the $12,000,00 on. or before the 1S`h oi'July 201.0 or by failing to timely pay on the 15~~' of each month (1St payment due July 15, 2010} for thirty (32) monthly payzxzents of $500.00 for a total of $1.6,000.00, then the entire a:nn,ount of the $25,829.62 .judgment recorded o» May 3, 2010 plus all costs aad i.rztexest at $6.41 per diem from Apxi130, 2010 and any attorneys' fees recoverable uxtdex the co;~tract sbail be immediately due and payable. Any payments received from the Defendant shall be credited against the $25,829.62 judgment plus all costs, accrued interest since April 30, 2010 a».d az~y attorneys' fees recoverable under the contract. Upon execution of this Stipulation tkze Defendant shall direct his attorney to withdraw with, prejudice the answer filed in this txz,atter. 9. Upon execution of this Stipulation the Defendant acknowledges that he has no basis to challEnge the recorded judgment as he received all notices due him under the Pennsylvania Rules of Givil Procedure. 10. So long as t}ze Defendant has complied with the .repayment terzxzs identified in Paragraph 6 and is not late with the monthly payments of $500.00 due on or before the 15th of each month the Plaintiff agrees that it shall rzot initiate any execution proceedings to collect on its recorded judgment, In. the event the payments are utztiznely then the entire amount of the .judgment plus costs and interest at $6.41 per diem from April 30, 2010 less any amounts paid by the Defendant shall be i.znm.ediately due and subject to a writ of executaarz and attachment proceedings for all real and personal property owned by the Defendant. Respectfully submitted, BY: Do 11 Law firm 913ridgc Street New Cumberland, PA 170'0 (717} 770-1277 Supreme Court TD G2063 Attorney fo Piai.nti 13X; F. Dean Morgan quire P.Q. Box 738 Hershey, i'A. 1.7033 (717) 303-5853 Supreme Court ID 203088 Attorney for Defendant BY: ` r. 1'r. "sQU.rvel Date: 0/0612010 7 10:47 7177701278 STJ~QUTkIANNA V ALLEY FE~DBRAL CREDI'T' UNION 1?J~AINTIFF V, FERNAND'0 ESQUNEL DEFENDANT HOWELL LAW FIRM 'T•HE COURT OF COivlh~aN PLEAS CUMBERLAND COUN'T'Y PENNSYLVANIA CIVIL ACTION ^ LAW N0. 10-1883 ~IJ:~~ 23.6 NUTI•CE ak' F~INC .~[JI~G~:EN'~' (X} Notice is hereby given that a money judgment in the above captioned action k'~as been entered. , ainst F'ERNANDO ESQTJIVEL i.n the oarnount of $25,89:62 p~lms.•a~~ ousts on ~- ~, Zo~a. ~ . (X) A copy of all documents f led with the Prothonotary in support of the within judgment islare eneiosed. J rothonotary ivil Division . BY: • If you have any questions regarding this Notice, please contact the. filing pantry: _ S~we~.I~ei'l.p .E~,~,e. . , Dowell Law Fizxn 619 Bridge Street New Cumbexiand, I'A i 74'/0 (717) 770-1277 This Notice is given i.:n accorda~ice with Pa R.C.P. 23&, Notice sb.ould be seat to; Fernando Esquivel 367 Clark Road Hu;txumelstowm, PA 17036 F EXHIBIT PAGE 04/05 ~M,,.~~, " ' P1710612010 10:47 7177701278 HOWELL LAW FIRM PAGE 05/05 SUSQUEHANNA VALLEY FEDERAL CREDZ'P [.,TN10N PLAINTIFF THE COURT 0>~' COMMON PLEAS CU`MI~~RLANn COUNTY PENNSYLVANX.A. V, CZVZL ACTION ,LAW rERNAND4 ESQUIVEL . DEFENDANT NO. 10-18~'" ~ ~~'tAECIPE Ft?~t ENTRY 0~' DEFAULT ;"~~; ~~, w ~~ TO THE PROTHONOTARY: ~ Y~~~,~', r.y ~ Please enter a DEFAULT JUDGMENT against PI/RNANDO ES~QUIVE ~~ r hfs fai'` to fxl~e an Answer to the Complaint served March 22, 2010 by the Offsce of tkxe She~'ff o`~ ~' Dauphin County as shown on Exhibit "A-l" in accordance with PA R.C.P, 404 and 403, A Notice of Izztention to Take a J~efault .Tudgztaent waa fxl,ed on April 16, 2410 and served using s U,S. Postal Certificate of Mailing by #'urst class prepaid postage on April 15, 2010 as shown on Exhibit "A-2" (Certificate of Mailing USE'S Form 381? is attached showing service). No answer or response having been filed with the Prothoztotary as of April 29, 2010 please exxter a pe£ault Judgment in the follawiz~g amount as of $25,824,62 plus all costs: Cou~at I ~ $24,828,36 lnterest Count I ~'~-~- 551,2b ($d.41 Per Diom $4I7Ct 1~obruary 2, 2010} Foes ~ 00 (Attot~aey Pees per Contract} $ZS,&29.62 p~1us atl costs Respectfully submitted, ay. Date; April 29, 2010 Ho elT ~.aw Firm 9 Bridge Street New Cunaberlazztl, PA 17470 (717) 770-1277 Supreme Count ID 62063 Attorney for Plaintiff SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, PLAINTIFF V. FERNANDO ESQUIVEL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 10-1883 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW ANSWER WITH PREJUDICE TO THE PROTHONOTARY: In compliance with a stipulation previously filed, I hereby withdraw the Answer filed in this matter with prejudice. Resp~tfj.~lJgr Su~itted, DATE: July 19, 2010 F. DEAN MOR ,ESQUIRE PA I D# 2030 LAW OFFICE OF F. DEAN MORGAN P.O. BOX 738 HERSHEY, PA 17033 (717)303-583 (tel.) (717)585-6574 (fax) deanCa~fdeanmorQan.com n ~ :~ ~- o , "r7 i'~l ~ r , Cw biz ~ a N -r t*' d _- i":i.. 2~ .~ 'L' -- -- t..~ '" c: c~a -c n " ` ~ :; : WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1883 Civil CIVIL ACTION -LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Plaintiff (s) From FERNANDO ESQUIVEL, 367 CLARK ROAD, HUMMELSTOWN, PA 17036 (1)You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO FIREARMS, APPLIANCES, ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TELEVISIONS, TOOLS, COLLECTIBLES AND VEHICLES LOCATED AT 367 CLARK ROAD, HUMMELSTOWN, DAUPHIN COUNTY, PA 17036 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: HERSHEY FEDERAL CREDIT UNION, 904 EAST CHOCOLATE AVE., HERSHEY, PA 17033 - ALL BANK ACCOUNTS, SAVINGS ACCOUNTS, MONEY MARKET ACCOUNTS OR OTHER FINANCIAL ACCOUNTS IN WHICH THE DEFENDANT/S HAS/HAVE ANY LEGAL OR EQUITABLE INTEREST INCLUDING BUT NOT LIMITED TO HIS ACCOUNTS AT GARNISHEE BANK. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$14,329.62 L.L. $.50 Interest $3,057.57 ($6.41 PER DIEM FROM 4/30110) Atty's Comm % Due Prothy $2.25 Atty Paid $174.94 Plaintiff Paid Other Costs Date: 8/23/12 (Seal) David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name :STEVEN HOWELL, ESQUIRE Address: HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-1277 Supreme Court ID No. 62063 ~ - -- Susquehanna Valley Federal Credit Union IN THE COURT OF COMMON PLEA Plaintiff CUMBERLAND COUNTY PENNSYLVANIA ~ VS. -x3~ _ ti No. 10-1883 ~~ x ~ Fernando Esquivel r,-`- c N Defendant CIVIL ACTION -LAW Cq ~"`' z a PRAECIPE FOR WRIT OF EXECUTION Q v ~ ~, PURSUANT TO PA. R.C.P. 3101 TO 3149 _.., ~, .-.; ,.o TO THE PROTHONOTARY: Please issue writ of execution in the above matter, (1) Directed to SHERIFF OF DAUPHIN COUNTY, Pennsylvania (2) Against Garnishee HERSHEY FEDERAL CREDIT UNION AT 904 EAST CHOCOLATE AVE., HERSHEY, DAUPHIN COUNTY, PA 17033-1215 (3) and against FERNANDO ESQUIVEL (4) and index this writ (a) against DEFENDANT FERNANDO ESQUIVEL (b) against Garnishee HERSHEY FEDERAL CREDIT UNION, 904 EAST CHOCOLATE AVE., HERSHEY, DAUPHIN COUNTY, PA 17033-1215 as a lis pendens against the property of the defendant in the name of the Garnishee follows: ALL BANK ACCOUNTS, SAVINGS ACCOUNTS, MONEY MARKET ACCOUNTS OR OTHER FINANCIAL ACCOUNTS IN WHICH THE DEFENDANT/S HAS/HAVE ANY LEGAL OR EQUITABLE INTEREST INCLUDING BUT NOT LIMITED TO HIS ACCOUNTS AT GARNISHEE BANK, (5) and index this writ against DEFENDANT FERNANDO ESQUIVEL, 367 CLARK HUMMELSTOWN, DAUPHIN COUNTY, PA 17036 as a lis pendens against the property of the Defendant located at 367 Clark Road, Hummelstown, Dauphin County, FA 17036. ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO FIREARMS, APPLIANCES, ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TELEVISIONS, TOOLS, COLLECTIBLES AND VEffiCLES LOCATED AT 367 Cl ROAD, HUMMELSTOWN, DAUPHIN COUNTY, PA 17036. (6) Amount Due Interest ~a9, ~ ~ F~ TOTAL 31.4 «~ l~. oo u „ ~4.9~i P aN~ $14,329.62 $ 3,057.57 ($6.41 Per Diem from 4/30/10) $17,387.19 plus all costs ga.as ~+e ~. ~.sou- ~~a?9~3~ Wlri~' c~ ~ ~Ss~,ec C:,; , ,,,~ -~- r7-; ~.: ~t c~ ~ -~ ~ -,-, c~ -~-- o ~ =~ ,~ r-- as r Date: August 21, 2012 Respectfully submitted, By: Ste Howell, Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court 1D 62063