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HomeMy WebLinkAbout15-0232 L Supreme C1 ; nnsylvania COu)C A leas For Prothonotary Use Only: A I� Docket No: CUMBERLA d� SIA CountyA6 a The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service 9f pleadings or other papers as required by law or rules o court. Coni nrencement of Action: .Complaint 13 Writ of Summons ® Petition S* ® Transfer from Another Jurisdiction 13 Declaration of Taking 1E Lead Plaintiff's Name: BLUE CHIP FEDERAL Lead Defendant's Name: THOMAS W. SHUMAKER, SR. I .,;- CREDIT UNION AND SHERRY L. SHUMAKER T Dollar Amount Requested: 45within arbitration limits I` Are money damages requested? KYes ® No •� (check one) ®outside arbitration limits N Is this a Class Action Suit? 13 Yes WNo Is this an MDJAppeal? Yes -A(No Name of Plaintiff/Appellant's Attorney: STEVEN HOWELL, ESQUIRE ® Check here if you have no attorney(are a Self-Represented [Pro Se] 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 # E ) ( Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment l3 Motor Vehicle JgDebt Collectign:Other ® Board of Elections ® Nuisance (. d/Qc N Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S „ ® Product Liability(does not include mass tort) ® Employment Dispute: E A Discrimination 13 Slander/Libel/Defamation C. ® Other: ®Employment Dispute:Other [3 Zoning Board Z'' ® Other: I ® Other: 0 MASS TORT E3 Asbestos N. ® Tobacco © Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste 13 Other: ® Ejectment ® Common Law/Statutory Arbitration B+ ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent Mandamus ; ® Landlord/Tenant Dispute B Non-Domestic Relations 4 ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition 13 Replevin i ® Legal ® Quiet Title ®Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 y NOTICE . Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part; Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. '(2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from thd, provisions of this rule. (e) The Court Administrator of Pennsylvania,;'in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. BLUE CHIP FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION—LAW C" THOMAS W. SHUMAKER, SR., and � SHERRY L. SHUMAKER a3 DEFENDANTS NO. NOTICE '12 NCD 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 .32 SOUTH BEDFORD STREET CARLISLE,PENNSYLVANIA 17013 (717) 249-3166 By: St en How , Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 7. n #IC� � ��g�3 r� BLUE CHIP FEDERAL THE COURT OF COMMON PLEAS CREDIT'UNION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION—LAW THOMAS W. SHUMAKER, SR., and SHERRY L. SHUMAKER DEFENDANTS NO. COMPLAINT 1. The Plaintiff is the Blue Chip Federal Credit Union 5050 Derry Street,Harrisburg, Dauphin County, Pennsylvania 17111. Plaintiff is a federally chartered nonprofit credit union. 2. The Defendants Thomas W. Shumaker, Sr.,and.Sherry L. Shumaker are adults residing at 50 Appalachian Drive, Carlisle,Cumberland County,PA 17015. 3. The Defendants are not current members of the Armed Forces. COUNT I: BCFCU LOAN 4. On December 13,2013 Defendants executed a Loan Agreement attached as Exhibit"A" in the amount of Sixteen Thousand Three Hundred Twenty Eight and 19/100($16,328.19) Dollars at 9.240%interest. Defendants were the borrowers under this Loan Agreement. 5. The terms of Exhibit"A"required 65 monthly payments of$320.00 and a final payment of$124.16. 6. Defendants failed to make timely payments and are currently 4 payments($1,280.00) behind. The Defendants last payment was received on August 15, 2014. 7. There remains a principal balance due of$15,344.13 plus past due interest at 9.240% with a$3.73 per diem from December 31,2014. 8. Defendants have made no regular payments despite repeated requests. 9. Pursuant to the Loan Agreement the Defendants agreed to pay all"court costs and reasonable attorney fees"incurred in any collection action. WHEREFORE,Plaintiff respectfully requests entry of judgment in the amount of $15,344.13 (principal plus past interest) at 9.240%interest from December 31, 2014 with a per diem of$3.73 together with all court costs and an award of reasonable attorneys' fees., Respectfully submitted, By: St en Howe , E quir owell L Firm 619 Bridge Street New Cumberland,PA 17070 (717) 770-1277 Supreme Court ID 62063 0 Verification I verify that the statements made in the forgoing document are 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. I verify that I am the President of the Blue Chip Federal Credit Union and that I am authorized to execute this document. By: � 1��UfS Pamala Mohn, President BCFCU Date: e k 7 ovsu ueny blreet flu: GhipFcv' Harnsbtlr�•PA 17„1 1/ Pftone:(7::17)'564305, 1.800-782.2328 FAX(71 7F)564-1469 z unAmbluechiptcu.orp LOAN AND SECURITY AGREEMENTS. AND DISCLOSURE STATEMENT LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE 12/13/2013 03 �Ylri!. NAME AND ADDRESS NAME'(AND ADDRESS IF DIFFERENT FROM BORROWER 1) THOMAS W SHUMAKER SHERRY L 6UMAKER 50 APPALACHIAN DR 50 APPALACHIAN DR CARLISLE, PA 17015 CARLISLE, PA 17015 ........... .>::...,.:.,.:::.;;.....,.:....;.;:.:::..:...: •:: ;::::> ;;::;;:.;:.:4;>:a>:•}:::>::•:•::;•>:•':>::•:::::v:o::;::;:•::::;•;::::;:•;:v;:4}::•:;•::•:;::::;:::;;::•:::o:.;::.;;;;:.;;;:.;;;:::;::::::. �.., T#. .04 <::l . fNIJIN. >:: .t : r>lt :... ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you. provided to you or on paid after you have made your behalf. all payments as scheduled. which includes your 9.2400% $4,595.97 $16,328.19 $20,924.16 downpaymentof$ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of'Payments When Payments Are Due . pay a penalty. 65 $ 320.00 Monthly Beginning 01/28/2014 Required Deposit: The Annual Percentage Rate does not take into account your required deposit, if any. 1 $ 124.16 06/28/2019 ❑ Assumption: Someone.buying your mobile home cannot assume the .remainder of the loan on -the .Property Insurance: You may obtain property insurance from .anyone you original terms. want that is acceptable to the credit union. if you get the insurance from us, you will pay$ Demand:❑ This.obligation-has a demand feature. .Late Charge: ElAll disclosures are based,,on an assumed If you are 10 or more clays-late, we will charge you a late fee of $30.00. maturity of one.year: Filing Fees Pilon-Filing Insurance Security: Collateral securing other loans with the credit union may also secure this loan. You are giving a security-interest,in ,your shares and dividends and, if any, your deposits and interest in the credit union; and the property'described below: Collateral . Property/Model/Make. Year .LD. Number Type Value Key Number. 0 INSTALLMEN S S. . $ Other (Describe) Pledge of Shares $ in Account No. $ in Account No.; See your contract documents for any additional information about.nonpayment, default, and-any required repaymenf.in full before the scheduled date. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in. the`"Security" section o. the Truth In Lending Disclosure, you -also agree to the terms of the Security Agreement. If you sign,as "Owner. of Property"'you agree only to the.terms,of the Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY-READ THE AGREEMENT BEFORE YOU SIGN IT. is a. (SEAL)�o�:I BORR0INE 1 Sc:' - ATE BORROWER 2Cj DATE (SEAL!, X. ... ... X. . (SEAL)' OTHER BORROWER, OOWNER OF PROPERTY 'Q WITNESS - - - DATE' OTHER BORROWER 'E]OWNER OF PROPERTY - WITNESS - ...DATE EXHIBIT Y m _._.- .. _.._....,..., JnCKKT L JtlUMAKhM ITEItemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $16,328.19 $ $6,328.19 $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk N we will be retaining a portion of the amount.) $ 10,000.00 To THOMAS W SHUMAKER SR $ To $ To $ To .$ To $ To $ To $ To $ To $ To $ To $ To $ To $ To In this Loan Agreement ("Agreement") all references to "Credit'Union," "we," our, or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1.PROMISE TO PAY -You promise to pay $16,328.19 to the Credit Union plus interest on the.unpaid balance until:what,you owe has been repaid. For fixed rate loans the interest`rate is 9.24 % per year. Collection Costs: You agree to pay all costs of collecting the amount you owe under this Agreement, including court costs and reasonable attorney fees. 2. PAYMENTS - You promise to make payments of the happens that we believe may seriously affect your ability to amount and at the time shown in the Truth in Lending repay what you owe under this Agreement or if you are in Disclosure. You may prepay any amount without penalty. it default under any other loan agreement you have with us. You prepay any part of what you owe, you are still required 6. ACTIONS AFTER DEFAULT- When You are in default, we o make the regularly scheduled payments, unless we have may demand immediate _ payment of the entire unpaid 'agreed to a change in the payment schedule. Because this balance under this Agreement. You waive any right you have is a simple interest loan, if you do not make payments to-receive demand for-payment, notice of intent to 'demand exactly as scheduled, your final payment may be more or immediate payment and notice of demand for immediate less than-the amount of the final payment that-is disclosed. payment. If we demand immediate payment, you -will If you elect credit insurance, we will either include the continue to pay interest at the rate provided for in .this premium in your payments or extend the term.of your loan. Agreement, until what you owe has been repaid. We will 'If the. term is extended you will. required .to make also apply against what you owe any shares and/or.deposits additional payments of tie scheduled amount, .until what given. as security under this Agreement. We may also yyou.owe.has been..paid. You promise to make all. payments exercise any .other. rights .given by law_.when you are in.... to the place we choose. If this-loan refinances another loan default.' we have with. You, the other loan will be .canceled and 7. EACH PERSON RESPONSIBLE - Each person who signs refinanced. as -ot the ;date of this loan. Unless otherwise this Agreement will be individually'and jointly.responsible for required by law, payments will be applied to amounts owed paying the entire amount owed under this Agreement. This. in the manner we choose. . means we can enforce our rights aggainst any one of you 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan individually or against'all of you together. are mailed to you, interest on this loan begins on the date 8. LATE CHARGE - If you are late in making a payment, you the loanroceeds are mailed to you. promise to pay the late charge shown in the Truth in Lending 4. SECURITY FOR LOAN - This Agreement is secured by all Disclosure. If no late charge is shown, you will not be. property described in the "Security" section of the Truth in charged one. Lending Disclosure. Property securing other loans you have 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing with us also secures this loan, unless the property is a any of our rights under this Agreement any number of times dwellingg.. A dwelling secures this loan .only if it is described without losing the ability to exercise our rights later..We can in the "Securityy" section of the Truth.in Lending Disclosure enfo.rc.e this Agreement against your heirs -or legal for this loan. i"n addition to .your.pledge of.shares, we;may -.representatives. also have what is.known as .a,Statutor.y,,lien. o,n.;.all individual- .10. CONTINUED .EFFECTIVENESS - If any. part.,.toff. this and joint accounts you have with us. A statutory lien Ag'reernent is determined by a court to be unenforceable, the means we have the right under federal law and many state rest will remain in effect. laws to claim an interest in your accounts. We can enforce 11. NOTICES - Notices will be sent to you .at the most a statutory lien against your shares and. dividends, and if recent address you have given us in writing. Notice to any any, interest and deposits, in all individual and joint one of you will be notice to.all. accounts you have with us to satisfy any outstanding 12. USE OF ACCOUNT - You promise to use your account financial obligation that is due and payable to us. We may for consumer (personal,. family orhousehold) purpposes, exercise our right.to enforce this lien without further notice unless the credit union gives you written permission to use to you, to the extent permitted by law. F&'ell borrowers: the account also for agricultural or commercial purposes, or You pledge as security for this loan all shares and dividends to purchase real estate. and, if any, all deposits and interest In all joint and 13. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES individual accounts you have with the credit union now and A "WRITTEN LOAN AGREEMENT PURSUANT TO in the future. The statutory lien and/or your pledge will SECTION 26.02 . .OF. THE TEXAS ..BUSINESS -AND.- allow us to apply the funds:in1�our account(s) to what.you COMMERCE CODE, IF SUCH SECTION. APPLIES. THIS owe when you are in default.j e statutory lien and your WRITTEN- LOAN AGREEMENT REPRESENTS-r-THE ,FINAL pledge--do":not apply to any-Indivi'dual`=Retirement.Account or any other account that,would lose,special tax treatment AGREEMENT BETWEEN THE -PARTIES AND -MAY NOT. :BE Under state or federal law if given as security,. CONTRADICTED BY EVIDENCE OF PRIOR, CONTEM - 5. DEFAULT You will be in default under this AP Agreement if ORANEOUS, OR SUBSEQUENT 'ORAL ORAL AGREEMENTS. OF you do not make a payment of the amount required on or THE PARTIES. THERE ARE NO UNWRITTEN ORAL before the date it is due. You will be in default if you break AGREEMENTS BETWEEN THE PARTIES. any promise you made in connection with this loan or if anyone is in default under any securityagreement made in 14. OTHER PROVISIONS - connection with this Agreement. You will be in default if you die, file for bankruptcy become insolvent (that is, unable to pay your bills and loans as they become due), or if you made an false or misleading statements in your loan application. Yyou will also be in default if something NYYn�R II oCFRI rvGniT IlJinm rnpY p -'- ^"•"••-'^^ .. .r. ....+..•... ...cu vn v1 I Loan No. 16 Acct. Nosom • Borrower(s) THOMAS V SHUMAKER SHERRY L SHUMAKER CURI: Y.;1G tEI=NI:EN .......::.::..:.;:.;:.::.::.:...:.;;>:.: .:;<.:;:.;: n this Agreement all references to "credit union," "we," "our" or payments to us and (2) the cost of determining compliance with the "us" mean the credit union whose name appears on this document insurance requirements. If we add amounts for taxes, fees or and anyone to whom the credit union assigns or transfers this insurance.•to the unpaid balance of the Loan, we may increase your Agreement. All references to the "Loan" mean the loan described in payments to pay the amount added within the term of the insurance the Loan Agreement that is part of this document. All references to or term of the Loan. "you" or "your" mean any person who signs this Agreement. 7. INSURANCE NOTICE If you do not .purchase the.required 1. THE SECURITY.FOR THE LOAN - You give us what is known as a securit interest in the property described in the "Securit Property insurance, the insurance we may purchase and charge you section of the Truth in Lending Disclosure that is Y for will cover only our interest in the Property. The premium for this document ("the Property"). The securit interest you part of this insurance may be higher because the insurance company may have all accessions. Accessions are things y inter are attached includes or �ivan us the right to purchase insurance after uninsured collateral is installed in the Property now or in the future. The securit interest ost or damaged. The insurance will not be liability insurance and also includes any preplacements for the Property which you buy will not satisfy any state financial responsibility or no fault laws. within 10 days of the Loan and any extensions, renewals or $• DEFAULT - You will be in default if You break any promise you refinancings of the Loan. It also includes an moria make or fail to perform an g you have under this Y y you receive Y obli anon from selling the Property or from insurance you have on the Agreement. You will be in default if any property you have given us Property. If the value of the Property declines, you promise to give as security is repossessed by someone else, seized under a us more property as security if asked to do so. forfeiture or similar law, or if anything else happens that 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL significantly affects the value of the property or our security PROVISIONS - The security interest secures the Loan and any interest in it. You will also be in default under this Agreement if the extensions, renewals or refinancings of the Loan. If the Property is Loan is in default, not a dwelling, the security interest also secures any other loans, 9' WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in including any credit card loan, you have now or receive in the future default, we may demand immediate payment of the outstanding from us and any other amounts you owe us for any reason now or balance of the Loan without giving in the future, except any loan secured by your principal residence. If possession of the Property. You agre the Credit Union andou advancenotCce has the riaght the Property is household goods as defined by the Federal Trade to take possession of the Property without judicial process if this Commission Credit Practices Rule or your principal residence, the can be done without breach of the peace. If we ask; you promise to Property will secure only this Loan and not other ldeliver the Property at a time and place we choose. If the property ou owe us. loans or amounts is a motor vehicle or boat, you agree that we may obtain a key or OWNERSHIP OF THE PROPERTY - You promise that you own the other device necessary to unlock and operate it, when you are in Property or, if this Loan is to buy the Property, you promise you will default. We will not be responsible for an use the Loan proceeds for that purpose. You promise that no one covered by this Agreement that you leave inh s dethothere P operrtynor else has any interest in or claim against the Property that you have that is attached to the Property. We will try to return that property not already told us about. You promise not to sell or lease the to you or make it available for you to claim. Property or to use it as security for a loan with another creditor until After we have possession of the Property, we can sell it and apply the Loan. is repaid. You promise you will allow no other security the money to any amounts you owe us. We will give you notice of interest or lien to attach to the Property either by your actions or by an� public disposition or the date after which a private disposition operation of law, wi I e held. Our expanses for taking 4. PROTECTING THE SECURITY INTEREST - If your state issues a Property will be deducted from the money received froms the s sale. title for the Propert�yy� you promise to have our security interest Those costs may include the cost of storing the Property, preparing shown on the title. We may have to file what is called a financing it for sale and attorney's fees to the extent permitted under state statement to protect our security interest from the claims of others. law or awarded under the Bankruptcy Code. You irrevocably authorize us to execute (on your behalf), if If applicable, and .file, one. or more financing, .continuation or You have agreed to pay the Loan, you must pay.any_amount that amendment statements pursuant to the Uniform Commercial Code remains of the after the sale money has been applied to the unpaid. (UCC) in:form satisfactory to us. You promise to do whatever else balance of the Loan and to what you owe under this Agreement. we think is necessary to protect our securit interest in the You agree to pay interest on that amount at the same rate as the Property.:You also promise to pay all costs, including but not limited Loan until that amount has been paid. Pr any attorney fees, mi incur m protecting our securit interest and 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - rights in the Property, to the extent permitted by applicable law. nu can delay enforcing any of our rights under this Agreement any 5. USE OF PROPERTY - Until the Loan has been paid off, you number of times without losing the ability to exercise our rights promise you will: (1) Use the Property carefully and keep it in good later. We can enforce this Agreement against your heirs or legal repair. (2) Obtain our written permission before making major representatives. If we change the terms of the Loan, you agree that changes to the Property or changing the address where the Pro art this Agreement will remain in effect. is kept. (3) Inform us in writing before changing your address (4) 11. CONTINUED EFFECTIVENESS -*If any part of this Agreement is Allow 'us to inspect the Property. (5). Promptly notify us if the determined by a court to be unenforceable, the rest will remain in Property is damaged, stolen or abused. (ti) Not use the Property for effect.. any unlawful purpose. (7) Not retitle Property in another state 12• NORTH DAKOTA NOTICE TO. BORROWERS PURCHASING A without telling us. MOTOR VEHICLE`- THE MOTOR VEHICLE IN THIS TRANSACTION " 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED all taxes and fees (like registration fees) due on the Property and to AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE keep the Property insured against loss and damage. The amount and SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY coverage of the property insurance must be acceptable to us. You HAVE TO PAY THE DIFFERENCE. may provide the property insurance through a policy you already 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful have, or through a policy you get and pay for. You promise to make for you to fail to return a motor vehicle that is subject to a security the insurance policy payable to us and to deliver the policy or proof interest, within thirty days after you have received notice of default. of coverage to us if asked to do so. The notice will be mailed to the address you gave us. It is If you cancel your insurance and get a refund, we have a right to responsibility to notify us if your address changes. The maxiyour mum the refund.. If the Property is lost or damaged, we can use the penalty for unlawful failure to return a motor vehicle is one year in insurance settlement to repair the Property or apply it towards what prison and/or a fine of $150,000.00. 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 1 The fo/%wing notice a�pp/ies ONLY when.the box at left is marked. benefits due under your insurance policy. 14. NOTICE: ANY BOLDER OF THIS CONSUMER. CREDIT If you do not pay the taxes or tees on the Property when due or CONTRACT IS SUBJECT TO ALL CLAIMS .AND DEFENSES. keep it insured, we may pay these obligations, but we are not WHICH THE DEBTOR COULD ASSERT AGAINST THE required to do so. Any money we spend for taxes, fees or insurance SELLER OF GOODS OR SERVICES OBTAINED PURSUANT will be added to the unpaid balance of the Loan and you will pay HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY interest on those amounts at the same rate you agreed to pay on HEREUNDER BY THE DEBTOR SHALL NOT EXCEED the Loan. We may receive payments in connection with the AMOUNTS PAID BY THE DEBTOR HEREUNDER. insurance from a company which provides the insurance. We may 15. OTHER PROVISIONS - 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 Loan may include (1) the insurance company's