Loading...
HomeMy WebLinkAbout14-7376 2o7-7q AZ Supreme Couafof Pennsylvania Con ftcomme lleas For Prothonotary Use Only: eel', tf 10 Docket No: C County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by low or rules of court. Commencement of Action: El Complaint El Writ of Summons Petition S Eli Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: BELCO COMMUNITY CREDIT UNION SCOTT M. SMITH and FELICIA E. SMITH Dollar Amount Requested: Swithin arbitration limits 0 Are money damages requested? ED Yes 0 No (check one) Doutside arbitration limits N Is this a Class Action Suit? Q Yes No Is this an MDJAppeal? [D Yes [@ No A Name of Plaintiff/Appellant's Attorney: MATTHEW D. URBAN, ESQUIRE Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment Motor Vehicle Q Debt Collection:Other 0 Board of Elections E] Nuisance CONTRACT 0Dept.of Transportation Premises Liability 0 Statutory Appeal:Other S 0 Product Liability (does not include mass 10") 17 Employment Dispute: E 0 Slander/Libel/Defamation DiscriminationE3 C El Other: Employment Dispute:Other 0 Zoning Board T 0 Other: I F] Other: o MASS TORT [I Asbestos N [] Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste n Other: 0 Ejectment n Common Law/Statutory Arbitration 13 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent E] Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations M Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto El Dental mi Partition E3 Replevin El Legal El Quiet Title M Other: [] Medical 0 Other: 0 Other Professional: Updated 11112011 l I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BELCO COMMUNITY CREDIT UNION Plaintiff No. ' %tj vs. COMPLAINT IN CIVIL ACTION SCOTT M. SMITH FELICIA E. SMITH Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG&REIS CO., L.P.A. 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR#20779762 �wr O C�//8��373 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BELCO COMMUNITY CREDIT UNION Plaintiff vs. Civil Action No. SCOTT M. SMITH FELICIA E. SMITH Defendants COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a Credit Union having offices at 449 Eisenhower Boulevard, Harrisburg, PA 17111. 2. Defendants, Scott M. Smith and Felicia E. Smith, are adult individuals residing at 127 Cambridge Drive, Mechanicsburg, PA 17055. 3. On or about April 12, 2014, Defendants executed a Consumer Lending Plan Advance Receipt and Truth-in-Lending Statement (hereinafter the "Contract') in favor of Plaintiff. A true and correct copy of said Contract is attached hereto, marked as Exhibit"1" and made a part hereof. 4. Defendant applied for and was granted a loan from Plaintiff in the amount of$12,000.00. 5. Pursuant to the terms of the agreement, the Defendants were required to make Fifty-nine (59) payments of$281.00 and one payment of$280.35. 6. Plaintiff avers that a balance of $11,475.35 is due from Defendant as of December 17, 2014. 7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 11.24%per annum. 8. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff's reasonable attorneys' fees. 9. Plaintiff avers that Defendants are in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 10. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, interest, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, Scott M. Smith and Felicia E. Smith,jointly and severally, in the amount of$11,475.35 with continuing interest thereon at the Contract rate of 11.24%per annum from December 17, 2014,plus reasonable attorney's fees and costs. WELTMAN, WEINBERG&REIS, CO.,L.P.A. Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue,Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR#:20779762 Belco Community Credit Union CONSUMER LENDING PLAN 449 Eisenhower Boulevard,Suite 200 Harrisburg Area:(717)232-3526 ADVANCE RECEIPT AND Harrisburg,PA 17111-2302 Toll Free:(800)642-4482 TRUTH-IN-LENDING STATEMENT BORROWER'S NAME ACCOUNT NUMBER SCOTT M SMITH CO•BORROWER•S NAME DATE EELICIA.SMIT 04 12/2014 Thank you for taking a loan advance under your lending Plan. This Advance Receipt and Truth-in-Lending Statement provides important information regarding the terms of this loan.This advance is governed by the terms of your Consumer Lending Plan, Open-end Credit Plan,or similar credit contract("Plan"). IF YOU BELIEVE THATANY OF THIS INFORMATION IS INACCURATE,PLEASE CONTACT US IMMEDIATELY.By accepting the proceeds of this loan,you are agreeing to the terms stated below. ANNUAL PERCENTAGE FINANCE CHARGE:The dollar Amount Financed:The amount Total of Payments:The amount RATE:The cost of your credit as a amount the credit will cost you. of credit provided to you or on you will have paid after you have yearly rate. your behalf. made all payments as scheduled. 11.240%' $3,846.33 $12,000.00 $16,859.35 7-Share Secured:If checked,the Annual Percentage Rate disclosed above may increase during its term if the Credit Union's share account rate for the prior month(Index)Increases.The Annual Percentage Rate will be equal to the share rate plus 2%.The interest rate can change monthly on the first day of each month to reflect any change-in the Index.Any Increase will lengthen the time It takes to pay off your loan. EXAMPLE: If your loan was $10,000 at 6%for 120 months and the rate Increased to 7.00%after 3 years,you would have to make 4 additional payments. 'Automatic Payment:If checked,the Annual Percentage Rate disclosed above reflects a discount of 0.25%because you have agreed to make your loan payments via automatic payment through payroll deduction. If you terminate the automatic payments or payroll deduction, or fall to maintain sufficient funds in the account to make the automatic payment,the ANNUAL PERCENTAGE RATE shall increase 0.25%without additional notice to you.Any increase will lengthen the time it takes to pay off your loan.EXAMPLE:If your loan was$10,000 at 6%for 120 months and the rate Increased to 6.25%after 3 years,you would have to make 2 additional payments. ❑"Introductory Rate:If checked,the ANNUAL PERCENTAGE RATE noted above reflects a 0.000 %interest rate for the first 0 months, followed by an Interest rate of 11.240 %thereafter. Your payment schedule will be: NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTSARE DUE 59 $281.00 Monthly Beginning 05/15/2014 1 $280.35 AS FINAL PAYMENT 04/15/2019 Security:You are giving a security interest in your shares and deposits In the credit union,as well as the collateral described below.Collateral for other loans with us will also secure this loan,except for your home and household goods. Late Charges:If a payment is received more than 30 days after the due Required Deposit Balance:The Annual Percentage Rate does not take date,you will be charged 5%of the scheduled payment. I Into account your required deposit balance. Property Insurance:You may obtain property insurance from anyone you want that is acceptable to us.If you do not obtain F$0.00 iling Fee: property Insurance we will obtain it at your cost. Prepayment:If you pay off early,you will not have to pay a penalty. See your contract documents for any additional Information about nonpayment, default,any required repayment in full before the scheduled date,and prepayment "e"means estimate, refunds and penalties. TN AMOUNT FIN $ Amount Paid to Others on Your Behalf Describe AMOUNT FNANCED OF (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ GAP(a portion will be AMOUNT PAIDON YOUR ACCOUNT $ retained by us) PREPAID FINANCE CHARGE $ $0.00 $ $ $ SECURITY INFORMATION SHARES ACCOUNT NUMBER AMOUNT ACCOUNT NUMBER AMOUNT PLEDGED: $0.00 1$0.00 MOTOR YEAR MAKE MODEL BODY TYPE SERIALNUMBER orVIN VEHICLE: 0 OTHER o COLLATERAL: Debt Protection:Thank you for purchasing optional debt protection on your Consumer Lending Plan.The Total Estimated Fee for this loan is $1.013.02 and is Included in the payment schedule disclosed above.We will retain a portion of this amount. Security Interest. When you signed your Lending Plan, you granted a security interest in the above-described collateral, and your endorsement of the proceeds check and/or your acceptance of the goods purchased and funds advanced now confirm your Intent to grant . that security interest.The Security Agreement that you et%tn you opened your Plan shall govern the above-described collateral . and security interest. 9002 LASER VELOCITY FI 11663 Rev 1-2013 ... . .. .., .:, . COPYRIGHT 2009 Securlan Financial Group,Inc.A9 rights reservod..,.,::;.: � t i .,....•...:. :1.1 .. 'i!1.�. ..,.5 .i....v L,.! i ��..i r �..�.,� } ,,.1 t � 7�. 'r rt t , r t ? y,'} \ Belco Community Credit Union CONSUMER LENDING PLAN 449 Eisenhower Boulevard,Suite 200 Harrisburg Area:(717)232.3526 Harrisburg,PA 17111-2302 Toll Free:(800)642-4482 ACCOUNT NUMBER BORROWER'S NAME AND ADDRESS SCOTT M SMITHDATEOF BIRTH 127 Cambridge Dr. Mechanicsbur PA 055 CO.BORROWER'SNAME AND ADDRESS FELICIA SMITH DATEOF BIRTH 127 Cambridge Dr. Mechanicsburg PA 17055 "You","Your"and'Borrower",means any person who executes the Plan by signing the Loan Application and Agreement to Terms,orany person who endorses a proceeds check or otherwise accepts,accesses,or uses Plan funds.'We,"us'our"or"Credit Union"means the Credit Union named above. How the Pian Works.This Consumer Lending Plan has a variety of subaccounts under which you may take various types of loans(called"advances").Some subaccounts may be revolving(e.g.,Personal Line of Credit).The credit available under these subaccounts will replenish as you pay down the balances.Other subaccounts are single-advance subaccounts such as New Auto.These subaccounts will not replenish and will have a set term. Binding Contract. This Consumer Lending Pian,which includes the Credit Agreement, Security Agreement,Truth-in-Lending Statement, and all Advance Receipts("Plan"),becomes a binding legal contract as soon as you take an advance,and that will govern the terms of all loans that you obtain under the Plan. You only sign once to open the Plan;thereafter,you may request additional advances without signing any paperwork unless requested by us.You become obligated on a particular advance when you receive the advance proceeds or the benefits thereof. By signing below,you are: 1. Agreeing to repay all loans you take.All loans you take under the Plan must be paid back,even if you don't sign any paperwork at the time of the loan. 2. Pledging your shares and deposits in the Credit Union.If you default,we may apply the shares and deposits in your accounts to the amount you owe us.We may also prevent you from withdrawing shares or deposits if you are in default,or,in the case of a share-secured or deposit-secured loan,if such withdrawal would cause your balance to fall below what you owe.Your pledge and our lien rights do not include any IRA,Keogh or other account which would lose special tax treatment if pledged.Please see the Security Agreement for complete details. 3. Granting a security interest in all property you purchase or otherwise pledge.If you default on any subaccount under the Pian,we may seize and sell any property you have purchased or pledged under that subaccount or any other subaccount.Cross-Collateralization:All other collateral you have pledged for any other loan with us(except your home and household goods)will also secure this Plan.Release of Lien:We will not release a lien on any of the collateral you have pledged if you are delinquent or in default on any of.your subaccounts.For example:if you are in default of your line of credit subaccount, we will not release our lien on your vehicle loan, even if the vehicle loan is paid In full. Please see the Security Agreement for complete details. Interest Rates and Fees.The rates and fees that apply to your subaccounts are disclosed on the separate Truth-in-Lending Statement and/or Advance Receipt. BORROWER'S ACKNOWLEDGEMENT&SIGNATURES By signing the Loan Application and Agreement to Terms,you agree to the terms and conditions of the Consumer Lending Pian. 9000 LASER VELOCITY Fagade Rev 1-2013 page 1 of 5 COPYRIGHT 2009 Securlan Financial Group,Inc.Ali rights raserved. !i ,1= 1 7 1. .. . . . .ate' t ail ti i ti. BORROWER NAME SCOTT M SMITH ACCOUNT NUMBER FELICIA SMITH CREDIT AGREEMENT Agreement to Terms and Promise to Pay:By signing the Loan Application and Agreement to Overdraft Protection:If you request Overdraft Protection,any overdrafts on your checking Terms or any advance proceeds check,and/or by accepting,retaining,using,or accessing any account will'be added to your line of credit,even if the owner or authorized user of the checking proceeds under this Plan,you agree to the terms and conditions of the Consumer Lending account who causes the overdraft is not a borrower on the line. Plan,Credit Agreement,Security Agreement,Truth-in-Lending Statement,and all Advance Perfection of Security Interest;Increase in Rate;Fee;Default:If you fail to perfect your Receipts,or similar document,and any future amendments thereto,and promise to pay all ,lien,we may take the necessary steps to do so and charge you a filing fee.This fee will be in amounts due. the amount charged by the slate and will be added to your loan balance.If we are unable to Endorsement of Proceeds Check:By endorsing an advance proceeds check,you are perfect our lien on the collateral pledged for any advance, or the value of the collateral agreeing to the terms of the Consumer Lending Plan and Advance Receipt,and are granting a deteriorates significantly,that advance may be treated as an advance under a line of credit for security interest in the collateral described in the Advance Receipt.The terms of the advance the purpose of determining the Interest Rale,and the Interest Rale shall increase to the proceeds check and the Advance Receipt,including the collateral description,are subject to highest line of credit rate in effect at that lime.Your minimum monthly payment shall also the terms of the Plan. increase accordingly.We may also consider the loan to be in default and can call the loan Purchase of Optional Products:If offered, you may apply for optional loan protection immediately due and payable,in which case you must pay the entire amount due in one lump um.The loan while in default will bear interest at the highest rale allowed by law. products such as credit insurance,debt protection,or Guaranteed Asset Protection(GAP). s These products are voluntary and are not required to obtain a loan from us.The premium or Payments:The minimum monthly payment and due date will be set and disclosed at the lime fee for the producl(s)will be added to the outstanding balance and becomes part of your each advance is made.You may pay the outstanding balance in full or pay more than the minimum monthly loan payment.We will retain a portion of this fee as compensation for minimum due at any time without penalty.However,minimum payments are required for each providing this service.Purchase of optional products may extend the time it lakes to pay off billing cycle as long as any balance exists. your outstanding balance(s). Once you purchase credit insurance or debt protection, all Skip Payment:If we make a skip payment option available,you may skip making your subaccounts under the Plan will be covered,unless you tell us otherwise, payment(s)for certain month(s).If you choose this option,interest will continue to accrue,but Loan Check Access:We may authorize you to obtain credit advances by writing loan checks no late payment charges will be imposed during(he skip period.All credit terms applicable on your revolving line of credit subaccouni.We reserve the right not to honor a ban check in immediately prior to the skip period will again apply once the skip period has expired. the following circumstances:(a)Your credit limit has been or would be exceeded by paying the Default:You shall be considered in default if we should,in good faith,believe(hat prospect of loan check (b)Your ban check is post-dated. If a post-dated loan check is paid and as a payment,performance,or our security interest in,or realization,of the collateral is impaired. result arry other check is returned or not paid,we are not responsible.(c)Your loan checks -You shall also be in default if.(1)you break any promise made under this Plan;(2)you do not have been reported lost or stolen.You should notify us at once if your loan checks are lost or use the loan proceeds for the purpose stated in your advance request;(3)you die;(4)you file a stolen.(d)Your loan check is not signed by a joint borrower,which means a person who signed petition in bankruptcy,insolvency,or receivership or are put involuntarily into such proceedings; this Agreement,or has signed a separate signature card for the account.(e)Your revolving tine (5)if the collateral is lost,damaged or destroyed,or if it is levied against,attached,garnished; of credit subaocount or Plan has been terminated or suspended as provided in this Agreement. or seized for any reason under any authority;(6)you do not make your required payments on (f)The amount of your loan check is less than the minimum amount required by this Agreement time;(7)anyone is in default of any security agreement given in connection with the Plan;(8) or you are in violation of any other transaction requirement. you commit'fraud or make any false or misleading statements in connection with this Plan;(9) If we pay any loan check under these conditions,you must repay us for the amount of the loan you are in default of any other loan or security agreement you have with us;(10)you use the check and any charges permitted by law.The loan check itself will be evidence of your debt to Plan for any illegal purpose or transaction as determined by applicable law.Any one of the us together with this Agreement.Our liability,if any,for wrongful dishonor of a loan check is foregoing events shall evidence a reasonable belief that prospect of payment,performance or h realization of the collateral is impaired. limited to your actual damages. Dishonor for any reason as provided in the Agreement is not wrongful dishonor.We may not return the loan checks along with your periodic statements; Actions Upon Default:If you default,we may declare all amounts immediately due and however,your use of a loan check will be reflected on your periodic statement as a credit payable,and you must immediately pay us the total unpaid balance,as well as the Interest advance.We do not*certify"loan checks drawn on your revolving line of credit subaccounl. Charge to date,any late charges and all collection costs permitted under law.The balance in default shall bear interest at the highest rale permitted by applicable law.If your slate law How to Compute the Interest Charge: (open-end loans):The Interest Charge begins to accrue on the dale of each advance and accrues for each day the balance remains unpaid. to ynotice ou beforewe exerrciseltourrd opportunity to cure that default these rights will be afforded remedies. The unpaid balance for each day is multiplied by the applicable daily periodic rate to determine the Interest Charge for that day.The sum of these daily charges is the Interest Charge.The Costs of Collection!You shall pay all costs incurred by us in collecting any amount you owe unpaid balance is the outstanding balance at the dose of business after all transactions have or in enforcing or protecting our rights.Costs of collection include,but are not limited to, been entered. collection agency fees, repossession fees, appraisals, environmental site assessments, casualty insurance,and reasonable attorney's fees for any action taken by an attorney who is Access to Plan:You may request advances under this Plan in any manner allowed by us.We not our salaried employee in order to collect this ban or preserve or protect our rights and may refuse to make any advance for any reason permitted by applicable law.This Plan has two remedies,including,without limitation,pre-suit demands for payment,pre-suit mediation or types of subaccounts:(a)open-end revolving line of credit subaccounts under which the credit settlement negotiations,investigation and assessment of our rights,participation in bankruptcy available will be replenishing as you pay the outstanding balance;and(b)closed-end single- cases,matters,and proceedings(including,without limitation,filing proofs of claim,pursuing I advance subaccounts which will not replenish and will have a set repayment term(e.g.,vehicle reaffirmation agreements,attending meetings of creditors,and pursuing complaints,motions, loan). and objections that relate in any way to the credit union's collateral or right to payment), (a) Open-end Advances:If approved,you may obtain a revotving line of credit account collateral disposition,nonbankruptcy suits and/or administrative actions,and appeals. For under this Plan.You will receive open-end disclosures selling forth interest rate,fees,credit Alabama borrowers:attorneys fees after default shall not exceed 15%of the unpaid debt,or limit and other information pertaining to the line at the time you open the line of credit account. -such higher amount as a court may allow.For Georgia borrowers.•attorney's fees shall not You may lake advances from the line up to your approved credit limit,re-pay amounts,and exceed 15%of principal and accrued interest,or such higher amount as a court may allow. continue to access credit up to the credit limit so long as you are not in default on the account. Borrower Responsibility:You must notify us of any change in your name, address, If your credit standing deteriorates,we may suspend your line,increase your rate,or lake other employment,financial situation or credit standing, and you must provide us any additional actions in accordance with applicable law, financial information we request.To prevent identity theft,you may be'required to verity any (b) Closed-end Advances:You may request closed-end advances under this Plan from time change in your address.You shall not request an advance if you know or should have known to time.If approved,you will receive an Advance Receipt setting forth dosed-end disclosures that you cannot pay it back. regarding the annual percentage rate,fees,collateral,and other information pertaining to that Joint Plans:If[his Plan has more than one borrower,each of you is individually and jointly advance.If you find the terms acceptable,you may consummate the loan by retaining or using responsible for paying all amounts owed.We can enforce our rights against one or all of you.If the advance proceeds (such as by cashing the proceeds check or accepting a vehicle .you give us inconsistent instructions,we can refuse to follow those instructions or follow the purchased with the proceeds).All terms and conditions of this Plan will be effective for a instruction of our choosing.Unless our written policy requires all of you to sign for an advance, . particular advance as of the date of that advance. each of you may obtain advances individually and each agrees to repay advances made to the Late Fees and Other Charges:You agree to pay all fees and charges imposed under the Plan other(s).Any notice mailed to one shall be considered notice mailed to all.Any of you can in the amounl(s)disclosed on the Truth-in-Lending Statement,which fees may increase from remove yourself from responsibility as a m-borrower by notifying us in writing,unless such time to time. Such fees shall be added to your outstanding balance and your minimum removal would violate our policy or regulations.In such a case the Plan may be terminated. payment may increase or your loan term maybe extended. Removing a Borrower or terminating the Plan will not relieve any of you from joint or several liability for any obligations already incurred..:.. page 2`of 5 3 - .:,,.;.....•....,.4.........:...:..:.. .k... : .:... .......if...• .:. ,. .3:'::(i' 1:!: '�'��;:� is ::i�,i::"'�}'�;�i�•ri' '9''::,.. x... ., .,. ..Irl . .. ,.,....,. .. .c:.,..- .<. s ,3 L- 4. t 1 �, 1. :+,: .�.• :L.S' .t+ .f,. 5.,, ,.t_, ::n.. •1•!* .:r` !t i.l., 1 ,z, ii.:i=1:;,ri,'. ... . .. .....:.. �,.}....t-,.L�.:.,.........�:::�,..,,v,{...6....,...-..I..;cp%;,a...:..,,. :vS'j,:dya.,.... .:,...: c. ., ..,„a.,., .::. .., ... :. :,... .. .. n..- :•,�. , ,n BORROWER NAME SCOTT M SMITH ACCOUNT NUMBER FELICIA SMITH CREDIT AGREEMENT Termination:This Plan may be terminated (1) upon adverse re-evaluation of your For krISSOIIlI Residents. Oral agreements or commitments to loan creditworthiness;(2)If you should fail to meel the terms of the Plan;(3)at our option,or your money,extend credit or to forbear from enforcing repayment of a debt option, upon written notice.Termination will not affect your obligation to pay the balance outstanding prior to termination. including promises to extend or renew such debt are not enforceable. Unlawful Transactions:Your Plan shall not be used to make or faalilale any illegal To protect you (borrower)and us(creditor)from misunderstanding or tiansaction(s);and any such use will constitute an event of default.We shall not have any disappointment,any agreements we reach covering such matters are liability for any such use by you or any authorized user(s).You shall indemnify and hold us contained In this writing, which is the complete and exclusive harmless from any suits,liability,damages or adverse action of any kind that results directly or statement of the agreement between us,except as we may later agree indirectly from such illegal use. In writing to modify It, Change in Terms:We may change the terms of this Plan at any time in accordance with applicable law.Increases in the interest rale will apply to future advances and,subject to For Vermont Residents:NOTICE TO CO-BORROWER:YOUR SIGNATURE ON THIS PLAN applicable law,unpaid balances. MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THE PLAN. IF THE Severability:In case any provision of this Plan is held invalid,the Plan shall be enforced as if BORROWER DOES NOT PAY,WE HAVEA LEGAL RIGHT TO COLLECT FROM YOU. such provision was never included. No Waiver:We may waive or delay exercising any of our rights without losing our ability to OHIO RESIDENTS ONLY.The Ohio laws against discrimination require that all creditors make exercise those rights in the future. credit equally available to all creditworthy customers, and that credit reporting agencies Governing Law:This Plan shall be construed and enforced according to the laws of bre Slate maintain separate credit histories an each individual upon request. The Ohio Civil Rights in which our headquarters are located, li you have entated into a mandatory arbitration Commission administers compliance with[his law. agreement in connection with this Plan:if any provisions within this Agreement pertaining to jurisdiction and venue are inconsistent with this arbitration agreement, the arbitration agreement will govern. FOR WASHINGTONRESIDENTS ONL Y.• Final Agreement:This written agreement is a final expression of the agreement between you WARNING: UNLESS YOU PROVIDE US WITH EVIDENCE OF THE and us,and may not be contradicted by evidence of any oral agreement. INSURANCE COVERAGE AS REQUIRED BY YOUR AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR State and Federal Notices: INTEREST.THIS INSURANCE MAY,BUT NEED NOT,ALSO PROTECT NOTICES'TO WISCONSIN BORROWERS:(1)If you are married and are extended individual YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE credit,Wis.Slat.766.56(3)(b)requires us to notify your spouse of the extension of crediL If we .COVERAGE WE PURCHASE MAY NOT PAYANY CLAIM YOU MAKE OR receive written notice of termination from your spouse pursuant to Wis. Slat. Section ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS 766.565(5),we may declare you in default of the Plan and call the entire extension of credit due and payable notwilhslanding Wis.Slat.Sections 425.103 and 425.105.If the Plan's called COVERAGE BY PROVIDING EVIDENCE.THAT YOU HAVE OBTAINED y due and payable,you may have certain rights to cure the default.(2)Additionally,no provision PROPER COVERAGE ELSEWHERE.YOU ARE RESPONSIBLE FOR THE of a marital property agreement,a unilateral agreement under Wis.Stat.766.59,or a court COST OF ANY INSURANCE PURCHASED BY US.THE COST OF THIS decree under Wisaref furnished adversely affects our interests m unless prior a the time the credit INSURANCE MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST is extended,we are furnished with a copy of the agreement or statement,or have actual knowledge of the adverse provision when the obligation is.incurred. IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE NOTICE FOR ARIZONA OWNERS OF PROPERTY:It is unlawful for you to fail to return a UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE motor vehicle that is subject to a security interest within thirty days after you have received 'EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR notice of default.The notice will be mailed to the address provided an this document unless COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF you have given us a new address.It is your responsibility to notify us if your address changes. OF COVERAGE. THE COVERAGE WE PURCHASE MAY BE The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fineof$150.000. CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE-THE OBTAIN ON YOUR OWN AND MAY NOT SATISFY WASHINGTON'S MOTOR VEHICLE IN THIS TRANSACTION MAYBE SUBJECT TO REPOSSESSION.IF IT IS MANDATORY LIABILITY INSURANCE LAWS. REPOSSESSED AND SOLD TO SOMEONE ELSE,AND ALL AMOUNTS DUE TO THE Negative Information Notice:We may re information about SECURED PARTY ARE NOT RECEIVED IN THAT SALE,YOU MAY HAVE TO PAY THE y p ort your account to credit DIFFERENCE. bureaus.Late payments,missed payments,or other defaults on your account may be reflected in your credit report. NOTICE TO CALIFORNIA RESIDENTS:By signing this Plan,you specifically agree that we IMPORTANT NOTICE ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:To help may access the records of the California Department of Motor Vehicles from time to time the government fight the funding of terrorism and money laundering activities,Federal law to obtain your current mailing address,and by so agreeing,you are specifically waiving requires all financial institutions to obtain,verify,and record information that identifies each your rights under sections 1808.21 and 1808.22 of the California Vehicle Code, person who opens an account.What this means for you:When you open an account,we will N077CE TO TEXAS BORROWERS-INSURANCE REQUIRED.'You are required to:(i)keep ask for your name,address,date of birth,and other information that will allow us to identify the collateral insured against damage in the amount of the loan or another amount if we so you.We may also ask to see your driver's license or other identifying information. specify;(i)purchase this insurance from an insurer that is authorized to do business in the THIS WRITTEN PLAN REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES slate of Texas or an eligible surplus lines insurer;and(iii)name us as the person to be paid AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR.CONTEMPORANEOUS, under the policy in the event of a loss.You must also provide us.a copy of the policy and proof OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES THERE ARE NO UNWRITTEN of the payment of premiums if we so request.If you fail to meet any of these requirements,we ORALSUBSEQUENT O BETWEEN THE PARTIES. may obtain collateral protection insurance on your behalf at your expense. page 3 of 5 't: Y t BORROWER NAME SCOTT M SMITH ACCOUNT NUMBER FELICIA SMITH "IN= BILLING RIGHTS NOTICE SECURITY AGREEMENT Security Interest;Description of Collateral:By signing the Loan Application and Agreement to YOUR BILLING RIGHTS:KEEP THIS DOCUMENT FOR FUTURE USE Terms,or a document that specifically references this Security Agreement,or by signing any (applies to revolving subaccounts only): advance proceeds check,and/or by accessing,retaining,using,or otherwise accepting any funds, This notice tells you about your rights and our responsibilities under accounts or services under the Plan,you grant us a security interest in all goods,property,or the Fair Credit Billing Act. other items purchased under[his Plan(hereinafter referred to as'Collaterall either now or in the future,or in any other property given in connection with[he Plan.Any required description of the What To Do If You Find A Mistake On Your Statement Collateral shall appear on the Advance Receipt or similar document and you agree that the document containing the collateral description becomes a part of this Security Agreement..The If you think there is an error on your statement, write to us at the Collateral shall secure your advances even though you did not sign anything at the time of the address(es)listed on your statement. advance.The security interest includes all increases,substitutions and additions to the Collateral, In your letter,give us the following Information: proceeds from any insurance on the Collateral and all earnings received from the Collateral.The 1.Yourname and account number. security,interest also includes all accessions.Accessions are things which are attached to or 2.The dollar amount of the suspected error. installed in the properly now or in the future.The security interest also includes any replacements 3.If you think there is an error on your bill,describe what you believe is for the property which you buy within 10 days of the Advance or any extensions,renewals or wrong and why you believe it is a mistake. refinancing of the Advance.If the value of the Collateral declines,you promise to give us more security if asked to do so.You also agree to abide by the terms of the Security Agreement and arty You must contact us: Advance Receipt or similar document. • Within 60 days after the error appeared on your statement. CONSENSUAL PLEDGE of SHARES;Consensual Lien;Statutory Lien;Right to Set-off; At least 3 business days before automated payment is scheduled, Administrative Freeze:B signing the Loan Application and Agreement to Terms,and/or b if you want to stop payment on thea amount you think is wrong. accessing,retaining,using,or otherwise acceptany funds,accounts or services,you grant You must notify us of any potential errors in writing.You may call us,but if us,and we impress,a lien on your shares and deposits in the Credit Union.We also have you do, we are not required to investigate any potential errors and you similar statutory lien rights in your shares and deposits under the Federal Credit Union Act may have to pay the amount In question. and/or applicable stale law,as well as the common law right to set-off and administrative What Will Happen After We Receive Your Letter freeze. "Shares,""share accounts; "deposits,"and"deposit accounts'means any and all funds,regardless of the source of those funds,in any joint or individual account held and When we receive your letter,we must do two things: whether your interest in the account(s)is direct,indirect,contingent or secondary and whether 1.Within 30 days of receiving your letter, we must tell you that we held now or in the future.Your pledge and our lien rights do not include any IRA,Keogh or received your letter.We will also tell you If we have already corrected other account which would lose special tax treatment if pledged,or any irrevocable trust or 2.the error. fiduciary account in which you do not have vested ownership interest.IF YOU HAVEA CREDIT Within 90 days CARD WITH US,OUR RIGHTS ALSO APPLY TO THAT CREDIT CARD ACCOUNT. y g your letter,we must either correct the error or explain to you why we believe the bill is correct. If you default,we may apply the funds in your share accounts and deposit accounts.to any White we investigate whether or not there has been an obligations you owe us,without any legal process,court proceeding or any notice to any owner error: of the affected share and deposit accounts,unless applicable taw so requires.You specifically • We cannot try to collect the amount In question, or report you as agree that we have the right to place an administrative freeze on any of your share and delinquent on that amount, deposit accounts subject to applicable law,and such action shall not violate 11 USC 362 or • The charge in question may remain on your statement,and we may I other applicable law.These rights are multiple and we can exercise one or all of them. continue tocharge you Interest that amount. Share-or CertificateSecu red Subaccounts:If you have a Share-Secured or CertificaleSecured • While youu do not have to payay the amount in question, you are subaccount,you must maintain an amount in the pledged account at least equal to your credit limit. responsible for the remainder of your balance. I If you fail to do so,you will be in default.Certificates must be renewed as long as a Valance • We can apply any unpaid amount against your credit limit. remains on a Certificate-Secured subaccoun[. Atter we-finish our investigation,one of two things will CROSS-COLLATERALIZATION: Property and/or shares and deposits given as security happen: under this Plan or for any other loan you have with us will secure any and all advances • If we made a mistake:You will not have to pay the amount in question under this P186 as well as any account owner's joint or individual obligations to us,now or or any interest or other fees related to that amount. in the future,whether direct,indirect,contingent or secondary and arising from any loan or If we do not believe there was a mistake: You will have to pay the credit agreement,insufficient fund items;fees;cost,expenses,reasonable attorney's fees, or otherwise.However,property securing another debt will not secure advances under this amount in question, along with applicable interest and fees. We will Pian if such property is your primary residence or are household goods.IF YOU HAVE A send you a statement of the amount you owe and the date payment Is CREDIT CARD WITH US,THIS CROSS-COLLATERALIZATION CLAUSE ALSO APPLIES TO due. We may then report you as delinquent if you do not pay the THAT CREDIT CARD. amount we think you owe. Release of Lien:We will not release any lien on any collateral if you are delinquent on,or in If you receive our explanation but still believe your bill is wrong,you must default on,any subaccount under this Plan.For example,if you are in default of your line of credit write to us within 10 days telling us that you still refuse to pay.If you do so, subaccount,we will not release our lien on a vehicle loan,even if the vehicle loan is current or paid we cannot report you as delinquent without also reporting that you are in full. questioning your bill.We must tell you the name of anyone to whom we No Liability for Dishonor:We shall not have any liability relating to the dishonor or other return of reported you as delinquent, and we must let those organizations know any check or other item occurring as a result of us exercising our lien rights or good-faith freezing when the matter has been settled between us. of your accounts. If we do not follow all of the rules above,you do not have to pay the first Ownership of the Collateral:If you are granting a security interest in property you already own, $50 of the amount you question even if your bill is correct. you promise that the property is free of all security interests except that given to us or disclosed prior to the advance.You promise that you have informed us of any and all co-owners of the Collateral andlor any other person with an interest in or claim against the property.If you are using the advance proceeds to buy the property that shall be used as Collateral,you shall use those advance proceeds for the sole purpose of buying that Collateral.You shall not sell or lease the Collateral or use it as security for a loan with another creditor until[he advance is repaid.You shall not allow another security interest or lien to attach to the Collateral either by your actions or by operation of law. page 4 of 5 Y-. i 7�. BORROWER NAME SCOTT M SMITH ACCOUNT NUMBER FELICIA SMITH SECURITY AGREEMENT Protecting the Security Interest:You shall lake any steps necessary for us to perfect our PROPERTY INSURANCE; LENDER PLACED INSURANCE - PLEASE security interest in the Collateral.If asked to do so,you shall sign a financing statement or READ CAREFULLY similar instrument to perfect our security interest and/or to protect our security interest from the claims of others. (a)Your requirement to maintain property Insurance. You are required to carry insurance to protect your interest and our interest In the collateral Use and Maintenance of Collateral:Until the advance has been paid in full,you agree to(1) securing this loan.The insurance: use the Collateral carefully and for the purpose it was intended and keep it in good repair;(2) •Must protect against any loss by fire or theft, and collision and Obtain our written permission before making material changes to the Collateral or changing the comprehensive coverage on motor vehicles and other property pledged address where the Collateral is kept;(3)allow us to inspect[he security the Collateral;(4)Promptly notify on this Plan. us if the Collateral is damaged,stolen or abused;(5)Not use the Collateral for any unlawful •Must(t)be in an amount and type sufficient to repair the collateral to its existing condition prior to the loss,and/or to replace the collateral with purpose;(6)pay all taxes,assessments and liens regarding the Collateral. comparable or like property,minus depreciation,if it is damaged or lost; Notices:We may meet all requirements for sending you notice of any kind if we send it to you or(it)be in an amount and type as we might otherwise inform you that we require. via United Slates mail,at your last given address.We may also meet this requirement by •Must have a maximum deductible as set forth by us. delivering these notices to you electronically ifyou have agreed to receive notices by electronic •Must be maintained in force for as long as the loan is outstanding. means. •Must name us as loss payee. We must receive the loss payee endorsement within 30 days of your loan date. Additional Advances:Any additional advances made by us for the payment of taxes or These requirements are solely in our discretion and we may change any assessments or liens of any kind,or premiums on insurance and the interest owing thereon or of these requirements at any time for any reason.The insurance may be any other advance necessary to perfect or protect our security interest shall also be secured by obtained by any insurer of your choice that Is acceptable to us. this agreement. Such amounts shall be added to your loan balance and your minimum (b)Lender-placed propelly insurance.Please read carefully: payment due shall be increased or your loan term extended accordingly. •If you fail to maintain insurance satisfying the requirements set Disposition of Collateral:If a default under the Plan occurs,we may repossess and sell theforth above,or if you fail to provide us proof of such coverage,we Collateral in a lawful manner.In such case,you will at our request assemble the Collateral and may;but do not have to,obtain insurance to protect our interest (not yours)in the property. make it available to us at a place of our choosing,or we may enter the premises where the •The total cost of lender-placed insurance will be added to the loan Collateral is kept and lake possession,subject to applicable law.We may also render the balance.The total cost of this Insurance Includes,but is not limited to, Collateral unusable.Ifwe decide to sell the Collateral at a public sale,private sale,or otherwise the premium,any administrative costs we incur,any commissions that dispose of the Collateral,we will provide reasonable notice if required by law and will otherwise may be earned,and other reasonable expenses related to your failure comply with applicable state law.If we sell or otherwise dispose of the Collateral we may to maintain insurance.This cost will be paid by you either on demand, collect from you reasonable expenses incurred in the retaking, boldin and r or by Increasing your periodic payment,or by extending the loan term. Y xP g g preparing the .Whether we obtain insurance,and the amount and types of coverage Collateral for and arranging the sale of the Collateral,as well as any deficiency balance as that we may obtain, is solely In our discretion. We may obtain this allowed under applicable law. We may also collect reasonable attorneys fees and legal Insurance from anyone we want,including an affiliate of ours,and such expenses,permitted by applicable law,incurred in connection with disposition of the Collateral. affiliate may earn a commission on the coverage. We have certain rights and legal remedies available under the Uniform Commercial Code and 'The Insurance placed by us is without benefit to you personally, other applicable laws,and we may use these rights to enforce payment ifyou default. and is primarily for our protection. It may not adequately protect your interest In the collateral or any personal property contained in the Attorney-in-Fact:You hereby appoint us as your AUomey-in-Fact to perform any acts which collateral, and will not satisfy any mandatory liability or financial we feel are necessary to protect the Collateral and our security interest.You specifically responsibility requirements under state law. authorize us to endorse an your behalf any check made payable to both you and us. 'Coverage obtained by us may be considerably more expensive than coverage you could obtain on your own and may be different Survival of Obligations:This security agreement not only binds you,but your executors, than previous policies you may have had or policies that you may administrators,heirs and assigns. prefer. •Any insurance placed by us will be effective as of the date your policy Applies to Louisiana residents only.- lapsed or,If you never obtained Insurance,the date of the loan. Louisiana law permits repossession of motor vehicles 'Nothing in this agreement is intended to confer third-party beneficiary rights or status to you with respect to any agreements between us and upon default without further notice or judicial process. our insurer or its agent. If the secured collateral is a motor vehicle and you are in default,we may seize and sell the (c)How to remove lender-placed Property Insurance. You may have the lender-placed coverage cancelled at any time by providing evidence motor vehicle without demand for payment or advance notice to you.Collateral other than to us that you have purchased insurance coverage satisfying the motor vehicles may be repossessed without judicial process only as allowed by applicable requirements set forth above.If you do so,you will receive a refund of Louisiana law. any unearned premiums and finance charges on the lender-placed coverages and your loan balance will be adjusted accordingly. For purposes of foreclosure under Louisiana executory process, you hereby confess (d)Other.You assign us the right to receive and endorse any Insurance judgment in our favor for all amounts secured by the Plan,including,but not limited to, proceeds check,to apply those proceeds to the sums you owe, and you principal, interest, late charges,costs of collection,costs of preservation of the collateral, direct any Insurer to pay those proceeds directly to us. You further reasonable attorneys fees,and all other amounts advanced under the Plan.We may appoint a authorize us or our representative to obtain the necessary information for keeper of the properly in the event of foreclosure.To the extent allowed under Louisiana law, verification of adequate coverage. We, or our affiliates, may receive you hereby waive the following rights and procedures under Louisiana law:(a)all rights and compensation or reimbursement of expenses related to any insurance _ benefit of appraisal;(b)notice of seizure;(c)the 3-day delay afforded under Articles 2331 and premiums added by us. 2722;and(d)all other provisions under Articles 2331,2722 and 2723 and all other Articles not (e)Default If you fail to maintain insurance as set forth In this provision, specifically mentioned herein.You further agree that any declaration of fact made by authentic you will be in default of your loan.We may either place our own insurance act by a person declaring that such facts are within his or her knowledge shall constitute on the collateral as explained above,or we can declare you In default and take all remedies set forth in your loan agreement or available to us under " authentic evidence of facts for the purposes of foreclosure under applicable Louisiana law and applicable law,Including calling the loan Immediately due. for the purposes of LSA-R.S.9:3504(D)(6)and LSA-R.S.10:9.506,to the extent applicable 9000 7-2012 1 page 5 of 5' r , r �i l t li% a� i'• J. f VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he/she is r (Name)�� �� of , plaintiff herein, that (Title) (Companyy he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (ftnature) WWR#20779762