Preview
Received and E-Filed for Record
12/31/2018 9:23 AM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
NOTICE: THESE DOCUMENTS CONTAIN SENSITIVE DATA
CAUSE N0. 18-12-17053
ENERGY CAPITAL CREDIT UNION § IN COUNTY CIVIL COURT
Plaintiff § Montgomery County - 284th Judicial District Court
§
V. § AT LAW NUMBER
§
THEODORE JOSEPH MAIER §
Defendant(s) § MONTGOMERY COUNTY, TEXAS
THE FILING OF THIS PETITION DOES NOT CHANGE OR SHORTEN THE TIME
PERIOD FOR YOU TO REQUEST VERIFICATON OF YOUR DEBT.
PLAINTIFF’S ORIGINAL PETITION AND RE UEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ENERGY CAPITAL CREDIT UNION, Plaintiff (herein “P1aintiff”)
and files its Original Petition complaining of and against THEODORE JOSEPH MAIER,
Dcfendant(s) (collectively “Defendant” whether one or more) and in support thereof would show
the Court as follows:
I. Discovefl
In accordance with T.R.C.P. 190.63, this suit shall be governed by Level 2 Discovery
Plan.
In accordance with Texas Rule of Civil Procedure 47, Plaintiff seeks monetary relief of
$100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment
-interest and attorneys’ fees, at an amount within the jurisdictional limits of the court.
II. Parties
Plaintiff is a credit union, duly organized and existing and doing business in the State of
Texas.
2018-006580
Petition kchavez
Defendant(s), THEODORE JOSEPH MAIER, is a resident of MONTGOMERY County,
Texas and may be served with citation at his residence, 2402 BOX OAK PLACE, THE
WOODLANDS, TX 773 80, or wherever she/he may be found.
III. Jurisdiction & Venue
Jurisdiction is proper because Defendant(s) is/are a Texas resident and the damages are
within the jurisdictional limits of the Court.
Venue is mandatory in MONTGOMERY County, Texas, pursuant to Section 15.002 of
the Texas Civil Practice and Remedies Code, because Defendant has his/her place of residence in
MONTGOMERY County.
IV. Facts and Causes of Action
Contract
On or about January 18, 2016, Defendant(s) for value received, executed that certain
TRUTH IN LENDING DISCLOSURE LOAN AND SECURITY AGREEMENT pursuant to
which Defendant agreed to pay Plaintiff all sums advanced thereunder, together with interest at
the rate of 7.74% per annum and reasonable attorney’s fees in the event collection of the same
was necessitated. (“Contract”) A true and correct copy of the Contract is attached hereto as
Exhibit “1” and is incorporated herein by reference.
Defendant(s) defaulted in making payments due under the Contract and failed to cure
such default despite written demand. As a result, Plaintiff, after proper notice, accelerated the
maturity of the Contract and declared same due and payable in full. Afier allowing all just and
lawful offsets, credits and payments against the Contract, the unpaid principal balance owing is
$14,663.30, plus interest at the rate of 7.74% per annum from and after August 31, 2018 and
attorney’s fees.
2018-006580
Petition kchavez
V. Conditions Precedent
Plaintiff is the legal owner and holder of the Contract and the liens securing the payment
of same, if any.
A11 conditions precedent to Plaintiff’s claims for relief have occurred or have been
performed.
VI. Attorney’s Fees
Plaintiff made written demand upon Defendant to pay the indebtedness owing on the
Contract. Despite demand, Defendant failed, neglected and refilsed to pay the balances due on
the Contract, necessitating that Plaintiff retain the undersigned attorneys to prosecute this cause.
Plaintiff now seeks to recover reasonable and necessary attomey’s fees and costs of and from
Defendant. Plaintiff is entitled to recover reasonable and necessary attorney’s fees under the
terms ofthe Contract and ClV. PRAC. & REM. CODE § 38.001.
VII. Reggest for Di_sclosure
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, you are requested to
disclose, within 50 days of service of this request, the information material described in Rule
194.2(a) (1).
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants(s) be cited
to appear and answer herein, and that upon final hearing Plaintiff ENERGY CAPITAL CREDIT
UNION, recover judgment of and against Defendant(s), THEODORE JOSEPH MAIER, for:
Contract
O The unpaid principal balance owing on the Contract in the amount of $14,663.30,
plus prejudgment interest thereon at the contractual rate of 7.74% per annum from August 31,
201 8 to the date ofjudgment.
Petition2018-006580 kchavez
O Reasonable and necessary attorneys’ fees;
0 Costs of Court;
O Post-judgment interest at the highest rat'e allowed by law; and
o For all such other and further relief, general and special, legal and equitable, to
which Plaintiff may show itselfjustly entitled.
Respectfully submitted,
“Kym
Rachel Donnelly
r@hwa.com
WW
TBA #66791 182
TBA #24043639
Email: rud@hwa.com
Jennifer McCammon TBA #24101 983
Email: jmm2@hwa.com
HUGHES, WATTERS & ASKANASE, L.L.P.
Total Plaza
1201 Louisiana, 28th Floor
Houston, Texas 77002
(713) 759-0818 Telephone
(713) 759-6834 Telecopier
ATTORNEYS FOR PLAINTIFF,
ENERGY CAPITAL CREDIT UNION
2018-006580
Petition kchavcz
EXHIBIT l
DocuSign EnvelopeID:726050FD-a1504736-9206-961550068195
§°525°$¥§SE5FW Truth In Lending Disclosure Loan Representative:
Ou .
ENERGY é 8326044848
www.eccumet w
Loan and Securlty Agreement MQEYBZEECU
M NET
.
..
CAPITAL mam“! >
‘
.
I
.Hh'Di k d.. ”Va t
51.3" appflwgrgefigfifimgggsoau éartcof thse EStrireeAgeregemem
'nggrimggrEs no! 332.5044: 70
“I"
and “me" and words mean each person who signs
similar Truth
this In Lending Disclosure Loan and Security Agreement as a Borrower.
"You" and “your" and similar words
mean the Credik Union.
Borrower (s) Date: 01/18/201 6
THEODORE JOSEPH MAIER Account /Loan #:
FEDERAL TRUTH INLENDING DISCLOSURE “e" means estimate
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Payments
Totai of
The cost of my The
as a yeariy rate
credit amount the
dollar me
credit will cost me or
credit provided to lhave
22%:mboemluof l‘haed323:2;L‘vflgaavsespcahigdfixeedn
7.74% $ 5,405.24 $ 25,000.00 $ 30,405.24
My anment Schedule Will Be:
Number ofPayments Amount of Payments When Payments Are Due
59 $506.76 Mammy Beginning 03/15/2016
$
1
$ $506.40 FinalPayment 02/15/2021
SECURITY: You willhave a security checked. Borrower
interest in the following described collateral.
If isgiving a security interest
in:
D Money from
Property Purchased with the thisLoan Description of Collateral
D My snares and Deposits Year
mm
Make Model TypelTrim VIN Color Miles
o
D Other
Fee:
Filing
Youwillalso have a security interest in all present and future individual and joint accounts
|have inthe Creth Union. Property securing
loan
this may also secure other loans and accounts wilh the credit union now and in the future.
The Annual Percentage Rate does my
not lake into account required deposit.
any.
if
Late Charge:Ifany my payment
part of isunpaid more than 15 days after
ls
it due, |may be charged a 5%
late fee of of theamount of
the payment.
Prepayment: Ifpayoff early.
l Iwill not have to pay a penalty.
‘
Property Insurance: Imay obtain property insurance from anyone you want that is acceptable to you. .
Additional Information:lcan see my contract documents for any additional information about nonpayment, default. any reqmred repay-
ment in full before the scheduled due date, prepayment refunds and penalties. and~’securfiy agreement. H any.
Security:am granting you a-S'ecurity
| present and tuture individual and ioim accounts
Interest in
all Ihave with the Credit Union:
Shares: S Account fl Shares: $ Account # _ I
Ipromise to pay lhls loan plus the accrued Interest lo the order ot you. the
,
a
Iwu'fl make therrpaymngnls
Union. lwfll. makglhe paymenis’at your‘efldres‘s-abqya.
on the dates and in the amounts shown in the Payment Schedule. If
|don'tp‘ay'all oflf a
paymém Within 15 days aflariusvdua.’ yp‘u‘c‘an qha, (e mealaqum
e.
The late charge will be the amount stated in the disclosure above. If I dun‘! pay all th‘at
'ow'e
whenru'i'e finalfa'yfn'ent becomes dflbJ w]
pé Into‘m'alan I
amount that is still unpaid. The interest rate may be at the same rate as Ihe'loan or [he maximUm rate allows
"by law. Tlf‘al'lhldre‘st'wlll b'sgm
lh'a
e ddy afiar
final payment becomes due.
Ican make any payment ear! , Unlessyou agreamhe‘milse {n wtiflng,
'
I lmake a payment early, my next payment will slill be due as
may not skip payments. If
Chat
scheduléd.‘ Fingnée lamina: and Refund Maihdd: You fiéu'ru the Finance Charge by applying the truo daily earnings method as defined by the Texas
d portion 6mm Iqan. You base (he Flnano’a Charge and Total of Payments as if
ana’noe Coda to the un wiu make each payment on the day
l itis due. You will
apply payments on the date they are received. This may result in a different Finance Charge or Total of Payments. My final payment may be larger or smaller
man my regular payment.
Iflaskformore time to make my payment and you agree,
lwill pay more interest to extend the payment. The extra interest will be figured under the Finance
Commission rules.
lagree to pay you a fee for a returned check. The fee will be the same as in me membership agreement. You can add the fee to the amount
Iowe or collect
itseparately.
Ifthere
ismore than one Borrower. each Borrower agrees to keep all of the promises in the
loan documents.
Iagree to ALL of the terms of this agreement.
lagree to ALL of the pages of this document.
NOTICE T0 WISCONSIN RESIDENTS. NOTICE TO CUSTOMER: (a)DO NOT SIGN THIS BEFORE YOU READ ALL OF THE SEPARATE PAG-
ES OF THIS AGREEMENT, EVEN IFOTHERWISE ADVISED: (b)DO NOT SIGN THIS IFIT CONTAINS ANY BLANK SPACES; (c) YOU AREEN-
TITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN;(d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID
P %,&MCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED T0 A PARTIAL REFUND 0F THE FINANCE CHARGE.
X MIA“ ~50th MW 01/18/2016 x 01/13/2016
Pri @mwmeeaez... Date Co-Borrower Date
Vermont Residents - NOTICE TO CO-SIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE E UALLY LIABLE FOR
REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO CQOLLECT FROM YOU.
X 01/18/2016 X 01/18/2016
Guarantor Name
Printed Date Signature of Owner of Collateral Name
Printed Date
Other than Borrower
GA 30259 — EFORM
Cnpyngm 2015 ConmarSystems. peacmree
cny. 17462-9 Page 1 of 4
DocuSign Envelope
ID:7260EOFD-81 EC-47B6-9206v96155006819E
My AmountFinanced of $ 25,000.00 My
Paid To Others on
Behalf:
Paid: $ On MyAcoount $ To
$ 25000.00 To THEODORE JOSEPH MAIER $ T0
s To $ GAP'
$ To $ Vehicle Service Contracl‘
$ Tire
Multishield
l Other‘
& Wheel I Dent /
$ To
$ To 5 Processing Fee (Document Fee)‘
("n mo Hmrk '
<
'
‘
.r
ill
i‘n n‘n rh mun!
lfl m loani5shown below.
elected ogflonal debtcancellation or credit insurance productsnflered bylhe credit union. the estimated cost for the term of
|also undgrstand
have sgned the appropriate applicahonl
that dsbtpro 'ecu'on producs and benefits were not required to get Husban. These protacu‘on products wull not be prowded unless
addendum and have a'gmad to pay the extra costs.
The estimated cost
total $
is:
and “me" and similar words mean each person who signs the Truth
“I"
Lending Loan and Security Agreement as a Borrower. "You" and "your" and similarwords mean the
in
Credit Union named on the document.
This Loan Agreement
isa pah of the Truth
in I when
Lending Loan and Security Agreement lhal
sign
will |am ready
to and
begin the terms and conditions of
this loan security
agreement and make
my When
promises. lsign.means
it have
| me
read and agree to
terms included loan and security agreement.
in this
PROPERTY INSURANCE I amount owe.
l Imay obtain property Insurance {mm anyone
collateral Insured agasnst damagepr less in the
mus! keep the want or provide proof
I
Ialready haveA The insumr must be authorized
of insurance lodo business
inTexas.
I must name you as the person lo b9
agree (o give y0u proof o! property insurance.
I
paid under the policy in the event- ol damage or loss.
I {mm my Insurance company made'payable to me tor you to collect any funds due
authunze you to mdotse any chac
under policy. If l receive anrlnsurance setflem‘ent for damage repai: or loss to m
coilaleral you may endorse Ina draft and’us'e 1t [o repair th‘é coilaleral o‘r-apply ll to the
m?!
amqum owe as your choice. 1H receive a refund [or cancellation ofinsurance
'y'ou
{all lo meat these maulra‘ménts.¥ou may obtain cqllat’eral
ave a right to that refund. It
l
only com yaw interest
prate‘cfion inSurance at my e‘xpehse, l1 you obtain such Insuranca‘ you will mail nouns lo my last known‘address. Protection you add an
pay for wi
t I
in the collat‘etal. The insutanaa will no! meat any slate re‘sponsibility or no fault laws ll will no! provide "ability coverage tor mo.
l1youa'dd agtae ma you at your opn‘on, may increase my payment by an amount sufficient to repay the charges added for property insprence
his insurance lo my loan.
1
may Ieave my paymsrm the same an'd extend the term of my loan. Payments received from the collateral insurance company are yours. You. or others you hire, can
or you
my loan
monitor forkeeping required insurance.
PROMISES AND PAYMENTS: Iagree:
I will make the payments at
promise to pay the loan amount plus the interest on lhe unpaid balance to the order of you. the Credit Union until the loan has been paid In (ull.
I
will make the payments on the dates and in the amounts shown in the Payment Schedule. The amount of the payments and finance charge may be different
your address.
l
from the disclosure depending on lhe loan amount and date oi the loan.
If|don't
payall payment within 15 days
of a after
i1is me shown on
a late charge. The late charge
due. you can charge is (he Truth In Lending Disclosure.
if| |owe when the final payment becomes due,
don‘t pay all | The
will pay interest on the amountthatis still
unpaid. may be
interest rate same
at the rate as the Ioan or the
maximum rate allowed by law. That interest will begin the day after the final payment becomes due.
|can make any payment ear1y. Unless you agree otherwise in wriling.
I Imake
may not skip payments. If my
a payment early,
next payment he due as scheduled.
will sti||
IfIchoose payment protection. you wIII add (he premiumlfee
to participate in optional tomy may instease my payments
loan each month. You my loan.
or extend the term o!
It my
you extend term
| make'lhe additionai payments of the scheduled amount.
will
Ifask
| more time to make any payment and you agree,
for lwill pay more interest to extend me
Hayment The extra interest vm'fl be figuted underma Finance Ccnmigipn mics.
Iagreelo used to make a payment on this loan. The lee wi
pay you a fee for a returned check
I be th‘esam’a as lhe fee tor rammed 'eh'ecks ufide’r mytmaimb'emhl‘p‘a'greemem
owe or collect it separaRely.
You can add the fee to the amount
I
You promise that your name and address shown in lhis Agreement is your legal name and place of residence and such place is the proper address
Notice: for all nolice(s) that
may berequired and you further understand that changes in address must be submitted lo the Credit Union in writing to be effective.
WISCONSIN RESIDENTS ONLY ‘
Remedies: Your loan shall be tn detault If: (a) you tail to make payment within 10 days after the scheduled or deterred due date if the Interval between
Delaull: Acceleration;
payments is 2 months oriess. or you fail to‘pay H19 first orlast paymentm'tiin 40 dasys ems scheduied o: deferred due dds; (b) the intatvd Weenschedfiad payment“
us mgrg man 2 months. and‘lflany such scheddled payment ls un aid {or more khan be
0 days after Its scheduled or'dalerred due dale; (cHhi's transaction Is scheduled
$9
momma
ppm}! m a singie payment and mat single payment is
days lam; andlw (d) you fail tn observe any other govenam of this major). breach of mcb'm‘a‘tenafly
nmpatrs me-o‘ondmon, vamon protecfion'of Ihe smut! Unlon‘s rights or any collmaralrae‘curlng Wattansactio‘n. or matedally Impairs your ability to pay amounts-duenndel
{his transaction. which lncludasyouf death. an action by someone other than‘lhe Crecfil Union t‘o seize your assets. any false or misteadlng statemenlemada by you. andfov
an lnsdvgncy,»mvamhip orc‘wtodid proceeding bmughtby oragaénsx youtaa weal as any judgments arm liens filed against you.
Upon anyoccurrence of default. and afler we have provided you notice ofyaur right, Ii! any‘ lo cure the defaul! as required by appilcable kw, we may declare me'enflre
baianpe ofyaur loan Immediately due and payable‘ ta the extent permitted b&w. ll the entire balance ls not then pald imedtateiyupon default. the Cred]! Union may,
exemseany or all ofiesrights avalabie by lawn: equity. orss specified in tin
urity Amman! orsimflar inflmment Ifypur loan ?’s sflbjact to' th‘efigtrt t’otcuré default and
appliabie’ law. or if your loan is_ hp! sub act {a the tighUQ cum dfefayu andhe enflmba’l'afhca'ls norp'aid lmm‘éuiawy upon
the default Is'nol cured wilhin the time provided
b?!
’and
deiauu. b‘a
Itpermmw by law. the collateral 3M! nbn at a time and Mace acceptable to theorem Union. Yo the gxlfant perqmm by
voiumiarilyvsurrendemd k; the Credit
la_w. wavered" Unimshalltge rsimbursad total! o! its cons and expenses. lndudlng veawnabte aflomeys' faes. hmasln he coursaof callecflng any amounts owed under
mvsAgre‘eme‘m cfiniexerdsung [ts rights related to the Colman). If ma collateralis’ a motorvehicie. Mar. anowmobfle. boat. aimttwmobfle home as .dmwd by appflwfie.
law._th¢ Cmdit‘UnIon'shafl be reim
Urs‘ed for Is-raasonable, end hon: fide éxpenses‘in disposing of 1119 cdfdard. inoluigf expansaspaidltn a thin! patty for taking and
hold: transportation expenses of ma Cmdit Union incurred in taking
th'e opflateral. the travel and ’osseaion of‘the collate
,and. irlhn coflateral ls not redeemed pumuanl
lo app icabie law. the axpensesnf cleaning. repairing and restoring theoollateral to a condition su table for sale. tn tho extent permitted
K this Agreement Is-subjecl
by taw.
yo ma Cansumer Claims a_nd Defenses provision as Indicated on
1 'and the unpaid balance of your loan was greats: than $1.000 a! the lime ofdafaulm you agreelo'
P33:
'
Immediatelydpay any mmmni
deficiency balance elm: disposfliun
metallatatw.
'by law; themed
As parmlua Union shall have [ha right to‘ imptess and aurora a’stalutory flan upon ma shgras and dividends cfanfhmqmbar Inqabtedto (hand we may
our
enforce so Without
lozdo
right nogice‘ to yOu. Addlliopafly. the 0:6ng Union ma‘y'at an
runh‘e'r time wimnut demandm nou'c’e ol anyvk
d. appropflata and-apply towatd-lhe
repayment of me unpaid balance due. any unpalqshare‘s. amends. or other funds that woul
nqlhave advetselax consequences ifpledgedfi's'sac'umy.
NOTSCE T_O.WISCONSJN RESIDENTS. By ,authenllmlmg “(his Agreement, yp‘u acknowledge, and agree that thts Agreement lacontmllad and governed by me. laws of the
Sula cl Wisconsin..ludud3ng the provisforjs of five Wisconsin OonwmAct (W48.A..§v421‘
01 et seq); emapl to the extent thalsuch laws am mounsishntwith conhdling
Iadaral laws and regulations. I
— A , A
-
'3
Pay e 4 OI 4
DocuSign EnvelopeID:7260EOFD—81 EC—47BG-9206-961 5500681 9E
NOTICE TO NORTH DAKOTA BORROWERS PURCHASINGA MOTOR VEHICLE: THE
MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION.
REPOSSESSED AND SOLD T0 SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT
IF IT IS
RECEIVED IN THAT SALE. YOU MAY HAVE
TO PAY THE DIFFERENCE.
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, \M'thl'n thirty
days you
after have
received notice of default.
The notice be mailed
will address you gave us.
lo Ihe is
It your responsibilityus
lo notify
if maximum
your address changes. The penalty {or unlawful
a motorvehicle
failure to return one year in prison andlor a fine of $150,000.
is
NOTICE T0 LOUISIANA BORROWERS: For loans secured by a motorvehicle,
Louisiana law permits repossession of motor vehicles withoutjudicial process.
APPLICABLE T0 ALL STATES OTHER THAN WISCONSIN.
GUARANTOR (CO-SIGNER):
Ifthe borrower repay
faiis to promise to pay the loan to you upon demand. You
this loan,
I
may ask me
forImmediate payment without making
demand
prior forpayment from
You can take
the borrower. themoney from my account(s) and any other
funds you have me
account towards
o‘n loanif You cannot lake money from any
default occurs. ac-
count that would lose special tax treatment as a right of
offset.
Finance Charge Earnings and Refund Method: You figure the Finance Charge
by applying the true daily earnings method as defined by the Texas Finance Code to the unpaid
amount You base the Finance Charge and Total of Payments as if
portion of the loan
will make each payment on the day it is due. You will
|
apply paymenb on the date they
are received. This may result in a different Finance Charge or Total of
Payments. My final payment may be larger or smaller than my regular payment.
1. You can mail any notice to
me at my last address in your records. Any
me will
notice to be notice
toall. me notice
Your duty to give be satisfied when you
\M'll mail
it.
2. me interest on the effective date of the loanA
You can begin charging
3. All Igave you
information istrue to the best of
myknowledge.
4. If
Iam me
you may require
in default. repay the entire unpaid balance. and any accrued interest
Io atonce.
5. |don't
havetopay amounts
interest or other more than the law
that are allows.
6. any pan of this contract
If declared
is invalid. the rest of
the contract remains
valid.
7. This writtenloan agreement the flnal agreement between you and me and
Is may not be changed by prior, current or future
oralagreements between you and me. There are no oral agreements between you and me relating to this loan agreement. Any
changes to this agreement must be in writing.
a. Iamgiving collateral for this loan.
Preview
Received and E-Filed for Record 12/31/2018 9:23 AM Barbara Gladden Adamick District Clerk Montgomery County, Texas NOTICE: THESE DOCUMENTS CONTAIN SENSITIVE DATA CAUSE N0. 18-12-17053 ENERGY CAPITAL CREDIT UNION § IN COUNTY CIVIL COURT Plaintiff § Montgomery County - 284th Judicial District Court § V. § AT LAW NUMBER § THEODORE JOSEPH MAIER § Defendant(s) § MONTGOMERY COUNTY, TEXAS THE FILING OF THIS PETITION DOES NOT CHANGE OR SHORTEN THE TIME PERIOD FOR YOU TO REQUEST VERIFICATON OF YOUR DEBT. PLAINTIFF’S ORIGINAL PETITION AND RE UEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ENERGY CAPITAL CREDIT UNION, Plaintiff (herein “P1aintiff”) and files its Original Petition complaining of and against THEODORE JOSEPH MAIER, Dcfendant(s) (collectively “Defendant” whether one or more) and in support thereof would show the Court as follows: I. Discovefl In accordance with T.R.C.P. 190.63, this suit shall be governed by Level 2 Discovery Plan. In accordance with Texas Rule of Civil Procedure 47, Plaintiff seeks monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment -interest and attorneys’ fees, at an amount within the jurisdictional limits of the court. II. Parties Plaintiff is a credit union, duly organized and existing and doing business in the State of Texas. 2018-006580 Petition kchavez Defendant(s), THEODORE JOSEPH MAIER, is a resident of MONTGOMERY County, Texas and may be served with citation at his residence, 2402 BOX OAK PLACE, THE WOODLANDS, TX 773 80, or wherever she/he may be found. III. Jurisdiction & Venue Jurisdiction is proper because Defendant(s) is/are a Texas resident and the damages are within the jurisdictional limits of the Court. Venue is mandatory in MONTGOMERY County, Texas, pursuant to Section 15.002 of the Texas Civil Practice and Remedies Code, because Defendant has his/her place of residence in MONTGOMERY County. IV. Facts and Causes of Action Contract On or about January 18, 2016, Defendant(s) for value received, executed that certain TRUTH IN LENDING DISCLOSURE LOAN AND SECURITY AGREEMENT pursuant to which Defendant agreed to pay Plaintiff all sums advanced thereunder, together with interest at the rate of 7.74% per annum and reasonable attorney’s fees in the event collection of the same was necessitated. (“Contract”) A true and correct copy of the Contract is attached hereto as Exhibit “1” and is incorporated herein by reference. Defendant(s) defaulted in making payments due under the Contract and failed to cure such default despite written demand. As a result, Plaintiff, after proper notice, accelerated the maturity of the Contract and declared same due and payable in full. Afier allowing all just and lawful offsets, credits and payments against the Contract, the unpaid principal balance owing is $14,663.30, plus interest at the rate of 7.74% per annum from and after August 31, 2018 and attorney’s fees. 2018-006580 Petition kchavez V. Conditions Precedent Plaintiff is the legal owner and holder of the Contract and the liens securing the payment of same, if any. A11 conditions precedent to Plaintiff’s claims for relief have occurred or have been performed. VI. Attorney’s Fees Plaintiff made written demand upon Defendant to pay the indebtedness owing on the Contract. Despite demand, Defendant failed, neglected and refilsed to pay the balances due on the Contract, necessitating that Plaintiff retain the undersigned attorneys to prosecute this cause. Plaintiff now seeks to recover reasonable and necessary attomey’s fees and costs of and from Defendant. Plaintiff is entitled to recover reasonable and necessary attorney’s fees under the terms ofthe Contract and ClV. PRAC. & REM. CODE § 38.001. VII. Reggest for Di_sclosure Pursuant to Rule 194 of the Texas Rules of Civil Procedure, you are requested to disclose, within 50 days of service of this request, the information material described in Rule 194.2(a) (1). WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants(s) be cited to appear and answer herein, and that upon final hearing Plaintiff ENERGY CAPITAL CREDIT UNION, recover judgment of and against Defendant(s), THEODORE JOSEPH MAIER, for: Contract O The unpaid principal balance owing on the Contract in the amount of $14,663.30, plus prejudgment interest thereon at the contractual rate of 7.74% per annum from August 31, 201 8 to the date ofjudgment. Petition2018-006580 kchavez O Reasonable and necessary attorneys’ fees; 0 Costs of Court; O Post-judgment interest at the highest rat'e allowed by law; and o For all such other and further relief, general and special, legal and equitable, to which Plaintiff may show itselfjustly entitled. Respectfully submitted, “Kym Rachel Donnelly r@hwa.com WW TBA #66791 182 TBA #24043639 Email: rud@hwa.com Jennifer McCammon TBA #24101 983 Email: jmm2@hwa.com HUGHES, WATTERS & ASKANASE, L.L.P. Total Plaza 1201 Louisiana, 28th Floor Houston, Texas 77002 (713) 759-0818 Telephone (713) 759-6834 Telecopier ATTORNEYS FOR PLAINTIFF, ENERGY CAPITAL CREDIT UNION 2018-006580 Petition kchavcz EXHIBIT l DocuSign EnvelopeID:726050FD-a1504736-9206-961550068195 §°525°$¥§SE5FW Truth In Lending Disclosure Loan Representative: Ou . ENERGY é 8326044848 www.eccumet w Loan and Securlty Agreement MQEYBZEECU M NET . .. CAPITAL mam“! > ‘ . I .Hh'Di k d.. ”Va t 51.3" appflwgrgefigfifimgggsoau éartcof thse EStrireeAgeregemem 'nggrimggrEs no! 332.5044: 70 “I" and “me" and words mean each person who signs similar Truth this In Lending Disclosure Loan and Security Agreement as a Borrower. "You" and “your" and similar words mean the Credik Union. Borrower (s) Date: 01/18/201 6 THEODORE JOSEPH MAIER Account /Loan #: FEDERAL TRUTH INLENDING DISCLOSURE “e" means estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Payments Totai of The cost of my The as a yeariy rate credit amount the dollar me credit will cost me or credit provided to lhave 22%:mboemluof l‘haed323:2;L‘vflgaavsespcahigdfixeedn 7.74% $ 5,405.24 $ 25,000.00 $ 30,405.24 My anment Schedule Will Be: Number ofPayments Amount of Payments When Payments Are Due 59 $506.76 Mammy Beginning 03/15/2016 $ 1 $ $506.40 FinalPayment 02/15/2021 SECURITY: You willhave a security checked. Borrower interest in the following described collateral. If isgiving a security interest in: D Money from Property Purchased with the thisLoan Description of Collateral D My snares and Deposits Year mm Make Model TypelTrim VIN Color Miles o D Other Fee: Filing Youwillalso have a security interest in all present and future individual and joint accounts |have inthe Creth Union. Property securing loan this may also secure other loans and accounts wilh the credit union now and in the future. The Annual Percentage Rate does my not lake into account required deposit. any. if Late Charge:Ifany my payment part of isunpaid more than 15 days after ls it due, |may be charged a 5% late fee of of theamount of the payment. Prepayment: Ifpayoff early. l Iwill not have to pay a penalty. ‘ Property Insurance: Imay obtain property insurance from anyone you want that is acceptable to you. . Additional Information:lcan see my contract documents for any additional information about nonpayment, default. any reqmred repay- ment in full before the scheduled due date, prepayment refunds and penalties. and~’securfiy agreement. H any. Security:am granting you a-S'ecurity | present and tuture individual and ioim accounts Interest in all Ihave with the Credit Union: Shares: S Account fl Shares: $ Account # _ I Ipromise to pay lhls loan plus the accrued Interest lo the order ot you. the , a Iwu'fl make therrpaymngnls Union. lwfll. makglhe paymenis’at your‘efldres‘s-abqya. on the dates and in the amounts shown in the Payment Schedule. If |don'tp‘ay'all oflf a paymém Within 15 days aflariusvdua.’ yp‘u‘c‘an qha, (e mealaqum e. The late charge will be the amount stated in the disclosure above. If I dun‘! pay all th‘at 'ow'e whenru'i'e finalfa'yfn'ent becomes dflbJ w] pé Into‘m'alan I amount that is still unpaid. The interest rate may be at the same rate as Ihe'loan or [he maximUm rate allows "by law. Tlf‘al'lhldre‘st'wlll b'sgm lh'a e ddy afiar final payment becomes due. Ican make any payment ear! , Unlessyou agreamhe‘milse {n wtiflng, ' I lmake a payment early, my next payment will slill be due as may not skip payments. If Chat scheduléd.‘ Fingnée lamina: and Refund Maihdd: You fiéu'ru the Finance Charge by applying the truo daily earnings method as defined by the Texas d portion 6mm Iqan. You base (he Flnano’a Charge and Total of Payments as if ana’noe Coda to the un wiu make each payment on the day l itis due. You will apply payments on the date they are received. This may result in a different Finance Charge or Total of Payments. My final payment may be larger or smaller man my regular payment. Iflaskformore time to make my payment and you agree, lwill pay more interest to extend the payment. The extra interest will be figured under the Finance Commission rules. lagree to pay you a fee for a returned check. The fee will be the same as in me membership agreement. You can add the fee to the amount Iowe or collect itseparately. Ifthere ismore than one Borrower. each Borrower agrees to keep all of the promises in the loan documents. Iagree to ALL of the terms of this agreement. lagree to ALL of the pages of this document. NOTICE T0 WISCONSIN RESIDENTS. NOTICE TO CUSTOMER: (a)DO NOT SIGN THIS BEFORE YOU READ ALL OF THE SEPARATE PAG- ES OF THIS AGREEMENT, EVEN IFOTHERWISE ADVISED: (b)DO NOT SIGN THIS IFIT CONTAINS ANY BLANK SPACES; (c) YOU AREEN- TITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN;(d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID P %,&MCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED T0 A PARTIAL REFUND 0F THE FINANCE CHARGE. X MIA“ ~50th MW 01/18/2016 x 01/13/2016 Pri @mwmeeaez... Date Co-Borrower Date Vermont Residents - NOTICE TO CO-SIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE E UALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO CQOLLECT FROM YOU. X 01/18/2016 X 01/18/2016 Guarantor Name Printed Date Signature of Owner of Collateral Name Printed Date Other than Borrower GA 30259 — EFORM Cnpyngm 2015 ConmarSystems. peacmree cny. 17462-9 Page 1 of 4 DocuSign Envelope ID:7260EOFD-81 EC-47B6-9206v96155006819E My AmountFinanced of $ 25,000.00 My Paid To Others on Behalf: Paid: $ On MyAcoount $ To $ 25000.00 To THEODORE JOSEPH MAIER $ T0 s To $ GAP' $ To $ Vehicle Service Contracl‘ $ Tire Multishield l Other‘ & Wheel I Dent / $ To $ To 5 Processing Fee (Document Fee)‘ ("n mo Hmrk ' < ' ‘ .r ill i‘n n‘n rh mun! lfl m loani5shown below. elected ogflonal debtcancellation or credit insurance productsnflered bylhe credit union. the estimated cost for the term of |also undgrstand have sgned the appropriate applicahonl that dsbtpro 'ecu'on producs and benefits were not required to get Husban. These protacu‘on products wull not be prowded unless addendum and have a'gmad to pay the extra costs. The estimated cost total $ is: and “me" and similar words mean each person who signs the Truth “I" Lending Loan and Security Agreement as a Borrower. "You" and "your" and similarwords mean the in Credit Union named on the document. This Loan Agreement isa pah of the Truth in I when Lending Loan and Security Agreement lhal sign will |am ready to and begin the terms and conditions of this loan security agreement and make my When promises. lsign.means it have | me read and agree to terms included loan and security agreement. in this PROPERTY INSURANCE I amount owe. l Imay obtain property Insurance {mm anyone collateral Insured agasnst damagepr less in the mus! keep the want or provide proof I Ialready haveA The insumr must be authorized of insurance lodo business inTexas. I must name you as the person lo b9 agree (o give y0u proof o! property insurance. I paid under the policy in the event- ol damage or loss. I {mm my Insurance company made'payable to me tor you to collect any funds due authunze you to mdotse any chac under policy. If l receive anrlnsurance setflem‘ent for damage repai: or loss to m coilaleral you may endorse Ina draft and’us'e 1t [o repair th‘é coilaleral o‘r-apply ll to the m?! amqum owe as your choice. 1H receive a refund [or cancellation ofinsurance 'y'ou {all lo meat these maulra‘ménts.¥ou may obtain cqllat’eral ave a right to that refund. It l only com yaw interest prate‘cfion inSurance at my e‘xpehse, l1 you obtain such Insuranca‘ you will mail nouns lo my last known‘address. Protection you add an pay for wi t I in the collat‘etal. The insutanaa will no! meat any slate re‘sponsibility or no fault laws ll will no! provide "ability coverage tor mo. l1youa'dd agtae ma you at your opn‘on, may increase my payment by an amount sufficient to repay the charges added for property insprence his insurance lo my loan. 1 may Ieave my paymsrm the same an'd extend the term of my loan. Payments received from the collateral insurance company are yours. You. or others you hire, can or you my loan monitor forkeeping required insurance. PROMISES AND PAYMENTS: Iagree: I will make the payments at promise to pay the loan amount plus the interest on lhe unpaid balance to the order of you. the Credit Union until the loan has been paid In (ull. I will make the payments on the dates and in the amounts shown in the Payment Schedule. The amount of the payments and finance charge may be different your address. l from the disclosure depending on lhe loan amount and date oi the loan. If|don't payall payment within 15 days of a after i1is me shown on a late charge. The late charge due. you can charge is (he Truth In Lending Disclosure. if| |owe when the final payment becomes due, don‘t pay all | The will pay interest on the amountthatis still unpaid. may be interest rate same at the rate as the Ioan or the maximum rate allowed by law. That interest will begin the day after the final payment becomes due. |can make any payment ear1y. Unless you agree otherwise in wriling. I Imake may not skip payments. If my a payment early, next payment he due as scheduled. will sti|| IfIchoose payment protection. you wIII add (he premiumlfee to participate in optional tomy may instease my payments loan each month. You my loan. or extend the term o! It my you extend term | make'lhe additionai payments of the scheduled amount. will Ifask | more time to make any payment and you agree, for lwill pay more interest to extend me Hayment The extra interest vm'fl be figuted underma Finance Ccnmigipn mics. Iagreelo used to make a payment on this loan. The lee wi pay you a fee for a returned check I be th‘esam’a as lhe fee tor rammed 'eh'ecks ufide’r mytmaimb'emhl‘p‘a'greemem owe or collect it separaRely. You can add the fee to the amount I You promise that your name and address shown in lhis Agreement is your legal name and place of residence and such place is the proper address Notice: for all nolice(s) that may berequired and you further understand that changes in address must be submitted lo the Credit Union in writing to be effective. WISCONSIN RESIDENTS ONLY ‘ Remedies: Your loan shall be tn detault If: (a) you tail to make payment within 10 days after the scheduled or deterred due date if the Interval between Delaull: Acceleration; payments is 2 months oriess. or you fail to‘pay H19 first orlast paymentm'tiin 40 dasys ems scheduied o: deferred due dds; (b) the intatvd Weenschedfiad payment“ us mgrg man 2 months. and‘lflany such scheddled payment ls un aid {or more khan be 0 days after Its scheduled or'dalerred due dale; (cHhi's transaction Is scheduled $9 momma ppm}! m a singie payment and mat single payment is days lam; andlw (d) you fail tn observe any other govenam of this major). breach of mcb'm‘a‘tenafly nmpatrs me-o‘ondmon, vamon protecfion'of Ihe smut! Unlon‘s rights or any collmaralrae‘curlng Wattansactio‘n. or matedally Impairs your ability to pay amounts-duenndel {his transaction. which lncludasyouf death. an action by someone other than‘lhe Crecfil Union t‘o seize your assets. any false or misteadlng statemenlemada by you. andfov an lnsdvgncy,»mvamhip orc‘wtodid proceeding bmughtby oragaénsx youtaa weal as any judgments arm liens filed against you. Upon anyoccurrence of default. and afler we have provided you notice ofyaur right, Ii! any‘ lo cure the defaul! as required by appilcable kw, we may declare me'enflre baianpe ofyaur loan Immediately due and payable‘ ta the extent permitted b&w. ll the entire balance ls not then pald imedtateiyupon default. the Cred]! Union may, exemseany or all ofiesrights avalabie by lawn: equity. orss specified in tin urity Amman! orsimflar inflmment Ifypur loan ?’s sflbjact to' th‘efigtrt t’otcuré default and appliabie’ law. or if your loan is_ hp! sub act {a the tighUQ cum dfefayu andhe enflmba’l'afhca'ls norp'aid lmm‘éuiawy upon the default Is'nol cured wilhin the time provided b?! ’and deiauu. b‘a Itpermmw by law. the collateral 3M! nbn at a time and Mace acceptable to theorem Union. Yo the gxlfant perqmm by voiumiarilyvsurrendemd k; the Credit la_w. wavered" Unimshalltge rsimbursad total! o! its cons and expenses. lndudlng veawnabte aflomeys' faes. hmasln he coursaof callecflng any amounts owed under mvsAgre‘eme‘m cfiniexerdsung [ts rights related to the Colman). If ma collateralis’ a motorvehicie. Mar. anowmobfle. boat. aimttwmobfle home as .dmwd by appflwfie. law._th¢ Cmdit‘UnIon'shafl be reim Urs‘ed for Is-raasonable, end hon: fide éxpenses‘in disposing of 1119 cdfdard. inoluigf expansaspaidltn a thin! patty for taking and hold: transportation expenses of ma Cmdit Union incurred in taking th'e opflateral. the travel and ’osseaion of‘the collate ,and. irlhn coflateral ls not redeemed pumuanl lo app icabie law. the axpensesnf cleaning. repairing and restoring theoollateral to a condition su table for sale. tn tho extent permitted K this Agreement Is-subjecl by taw. yo ma Cansumer Claims a_nd Defenses provision as Indicated on 1 'and the unpaid balance of your loan was greats: than $1.000 a! the lime ofdafaulm you agreelo' P33: ' Immediatelydpay any mmmni deficiency balance elm: disposfliun metallatatw. 'by law; themed As parmlua Union shall have [ha right to‘ imptess and aurora a’stalutory flan upon ma shgras and dividends cfanfhmqmbar Inqabtedto (hand we may our enforce so Without lozdo right nogice‘ to yOu. Addlliopafly. the 0:6ng Union ma‘y'at an runh‘e'r time wimnut demandm nou'c’e ol anyvk d. appropflata and-apply towatd-lhe repayment of me unpaid balance due. any unpalqshare‘s. amends. or other funds that woul nqlhave advetselax consequences ifpledgedfi's'sac'umy. NOTSCE T_O.WISCONSJN RESIDENTS. By ,authenllmlmg “(his Agreement, yp‘u acknowledge, and agree that thts Agreement lacontmllad and governed by me. laws of the Sula cl Wisconsin..ludud3ng the provisforjs of five Wisconsin OonwmAct (W48.A..§v421‘ 01 et seq); emapl to the extent thalsuch laws am mounsishntwith conhdling Iadaral laws and regulations. I — A , A - '3 Pay e 4 OI 4 DocuSign EnvelopeID:7260EOFD—81 EC—47BG-9206-961 5500681 9E NOTICE TO NORTH DAKOTA BORROWERS PURCHASINGA MOTOR VEHICLE: THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. REPOSSESSED AND SOLD T0 SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT IF IT IS RECEIVED IN THAT SALE. YOU MAY HAVE TO PAY THE DIFFERENCE. 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, \M'thl'n thirty days you after have received notice of default. The notice be mailed will address you gave us. lo Ihe is It your responsibilityus lo notify if maximum your address changes. The penalty {or unlawful a motorvehicle failure to return one year in prison andlor a fine of $150,000. is NOTICE T0 LOUISIANA BORROWERS: For loans secured by a motorvehicle, Louisiana law permits repossession of motor vehicles withoutjudicial process. APPLICABLE T0 ALL STATES OTHER THAN WISCONSIN. GUARANTOR (CO-SIGNER): Ifthe borrower repay faiis to promise to pay the loan to you upon demand. You this loan, I may ask me forImmediate payment without making demand prior forpayment from You can take the borrower. themoney from my account(s) and any other funds you have me account towards o‘n loanif You cannot lake money from any default occurs. ac- count that would lose special tax treatment as a right of offset. Finance Charge Earnings and Refund Method: You figure the Finance Charge by applying the true daily earnings method as defined by the Texas Finance Code to the unpaid amount You base the Finance Charge and Total of Payments as if portion of the loan will make each payment on the day it is due. You will | apply paymenb on the date they are received. This may result in a different Finance Charge or Total of Payments. My final payment may be larger or smaller than my regular payment. 1. You can mail any notice to me at my last address in your records. Any me will notice to be notice toall. me notice Your duty to give be satisfied when you \M'll mail it. 2. me interest on the effective date of the loanA You can begin charging 3. All Igave you information istrue to the best of myknowledge. 4. If Iam me you may require in default. repay the entire unpaid balance. and any accrued interest Io atonce. 5. |don't havetopay amounts interest or other more than the law that are allows. 6. any pan of this contract If declared is invalid. the rest of the contract remains valid. 7. This writtenloan agreement the flnal agreement between you and me and Is may not be changed by prior, current or future oralagreements between you and me. There are no oral agreements between you and me relating to this loan agreement. Any changes to this agreement must be in writing. a. Iamgiving collateral for this loan.