MARK A. WILLIAMS Plaintiff-Appellant
CANTON SCHOOL EMPLOYEES FEDERAL CREDIT UNION Defendant-Appellee
Appeal from the Court of Common Pleas, Case No. 2017 CV 01645
Plaintiff-Appellant MARK A. WILLIAMS PRO SE
Defendant-Appellee M. CHARLES COLLINS EASTMAN & SMITH LTD
JUDGES: Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon.
Earle E. Wise, Jr., J.
JOHN, P. J.
Plaintiff-Appellant Mark A. Williams appeals the October 23,
2017, Judgment Entry entered by the Stark County Court of
Common Pleas, granting the motion for summary judgment filed
by Defendant-Appellee Canton School Employees Federal Credit
OF THE CASE AND FACTS
The relevant facts and procedural history are as follows:
On June 15, 2011, Appellant Mark A. Williams obtained a loan
from Appellee Canton School Employees Federal Credit Union
(CSE). The amount financed as shown on the Note, signed by
Appellant, was $13, 104.55. The total amount financed was
comprised of three parts: (1). $3, 405.55 to pay off a prior
loan by Appellant with CSE (account number XXX220-53); (2).
$9, 400.00 to finance an automobile being purchased by
Appellant at the time of the loan, i.e. a 2005 Chrysler 300
sedan (the "Vehicle") in which CSE took a security
interest as part of the loan transaction; and (3). $299.00
for "gap insurance," which will pay the difference
between the actual cash value of the Vehicle and the current
outstanding balance on the Loan if something happens to the
Vehicle during the course of the loan.
The terms of the Note required that the Loan be repaid in 42
monthly installments of $377.33 each, commencing on July 15,
2011. If any payment was late by 15 days or more, a late
charge of $25.00 was assessed.
The Note also contained "Default and Repossession"
and "Default Remedies" provisions that provided CSE
with the right to require immediate payment on the Loan's
outstanding balance and the right to take possession of the
collateral upon failure of Appellant to make any payment on
During the course of the Loan, Appellant was chronically late
with his payments.
On July 22, 2015, Appellee Canton School Employees Federal
Credit Union filed its Complaint against Appellant Mark
Williams seeking judgment on a $4, 304.20 balance owed to
CSE, plus costs and interest, on the loan taken out by Mr.
Williams. CSE also sought an order of replevin for possession
of the Loan's collateral, an automobile.
On August 24 2015, Appellant filed his Answer, wherein he
admitted that he entered into the Loan agreement, but denied
any balance was owed on the Loan, contending the Loan had
been repaid and therefore CSE had no interest in the
On September 22, 2015, Appellant filed a counterclaim
(incorrectly designated as a cross-complaint). In his
counterclaim, Appellant again admitted entering into the Loan
agreement and granting a security interest in the Vehicle to
CSE under the Note. Appellant also admitted that his Loan
payments were "irregular" and that he had not
relinquished title to the Vehicle, but alleged that he has
more than paid off the Loan and the CSE has improperly
applied his past payments. More specifically, Appellant
alleged violations of the federal Truth in Lending Act
(TILA), stating that TILA "requires full and complete
disclosure of all finance amount costs. The disclosure in
this matter clearly was not ...