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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintiff
No, 00 - .3 7~'7
C"u:c'-r~
vs.
JOSEPH E, YOHE AND ELIZABETH W. HARDY:
NK/A WANITAE, HARDY,
Defendant
NOTICE
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 defense
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 lHIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
GINGRICH, SMITH, KLINGENSMITH & DOLAN
By'WP_II'~
Attorney for Plaintiff
222 S. Market St., P, 0, Box 267
Elizabethtown, P A 17022
Attorney LD,# 56304
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintiff
No, 0-0 -37S'7 ~ -r.L-
vs,
JOSEPH E, YOHE AND ELIZABETH W, HARDY:
A/KJA WANITAE.HARDY,
Defendant
COMPLAINT
1, Plaintiff is American General Finance Consumer Discount Company is a consumer
discount company duly authorized and licensed to conduct business within the Commonwealth of
Pennsylvania which currently maintains a principal place of business at 6 South Hanover Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2, Defendant Joseph E. Y ohe is an adult individual with a last known address of 382 B
Heiser Lane, Carlisle, Cumberland County, Pennsylvania 17013.
3, Defendant Elizabeth W, Hardy, also known as Wanita E, Hardy, is an adult
individual currently residing at 294 Running Pump Road, Newville, Cumberland County,
Pennsylvania 17241.
4, On or about July 7, 1999 Plaintiff and Defendants Y ohe and Hardy entered into a loan
agreement whereby Plaintiff loaned to Defendants the sum of $4,686.45 to be repaid over a 36
month period at the contract interest rate of26.3l %, A true and correct copy of the Note is attached
hereto incorporated herein by reference as though set forth at length and marked as Exhibit "A",
5, Defendants Y ohe and Hardy have failed and or refused to make payments when due
and currently due for March 10, 2000, April 1 0, 2000, May 10, 2000 and June 10, 2000.
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6, Defendant Hardy, despite having received a copy of the Note and being advised that
she would be responsible for payments in the event Defendant Y ohe failed and/or refused to make
the same, has also failed and/or refused to make any payments due on the Note, See the "Notice to
Co-signor" form signed by Defendant Hardy, the same of which has been attached hereto, is
incorporated herein by reference as though set forth at length, and marked as Exhibit "B"j
7. As of the date of this Complaint, Defendants are past due in the amount of $772.30
as ofJune 11,2000.
8, As a result of Defendants' failure and/or refusal to pay the payments pursuant to the
terms of the Note, Plaintiffhas suffered damages in the amount of$5,888.84, including principal and
all interest, plus legal fees and costs pursuant to the terms of the Note.
9. Defendants' refusal to make payments when due under the Note is a material breach
of the parties' written agreement, i.e. the Note, the same of which is attached previously as
Exhibit"A".
WHEREFORE, Plaintiff American General Finance Consumer Discount Company demands
judgment in its favor and against Defendants Joseph E, Y ohe and Elizabeth W, Hardy, jointly and
severally, in the amount of$5,884,OO plus legal fees and costs,
Respectfully Submitted,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
BY. ~
Herbert p, Henderson, II, Esquire
Attorney for Plaintiff
222 South Market Street, Suite 201
Elizabethtown, P A 17022
I,D. # 56304
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VERIFICATION
DEANNA BANKERT, being duly sworn according to law, deposes and says that she is the
Assistant Manager of American General Finance Consumer DiSCOlUlt Company and that she is
authorized to make this Verification on its behalf; that the facts set forth in the foregoing Complaint
are true and correct to the best of her knowledge, infonnation and belief and that this verification is
taken subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification of
authorities.
Date: be (y-.OO
~~-
Swom to and subscribed )
)
before me this / J!:J day )
~ )
of :J(J~ ,2000.)
<\~J.~~A'i~ S,~~
Notary Public
Notarial Seal
I Kjmb,efl~:.. S. White, Notaty Public
dampa81"! r~p.,S;umbsrl3.nd County
My COmmI3S!On t=/:pires Oct. .<:]IJ, 20'J0
'!\.~emb80Diiils~::;~F!~f2-:-4ssi)Si3"0)f!-'~7T';,";'- ,
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ACCOUNT NUMBSR .1 TYPl;j DATE ANANC~ CHARGE BEGINS TO ACCRUE I NOTE ENERAL
13492387 L IF DIFFERENT FROM DATE OF' N6TE FINANCE
BORROWER(S) NAME AND ADDRESS LENDER rNE, US, OUR)
F.li,,*'Mh W. H:m:ly- 0:rrekEr AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
JOSEPH E YOHE 6 SOUTH HANOVER STREET
382 B HEISER LANE CARLISLE, PA 17013
CMLISLE PA 17013
Date of Note Arst Payment Other Payments Final Payment Amount of First Amount of Balloon Amount of Monthly Total Number
Term of
Due Date Due on Same Due Date Payment Payment Payment of Payments Loan In
07/07/99 Date of Each Months
08/10/99 Month. 07/10/02 $ 190.00 $ NONE $ 190.00 36 36
AMERICAN
IG
ITEMIZATION OF AMOUNT FINANCeD
1. sNONE Premium to Life Insurance Co. (Joint Coverage) 10. Appraiser for Appraisal Fee.... $NONE
2. $ 92 . 34 Premium to Life Insurance Co. (SIngle Coverage) 11. TItle Exam {Title Ins. .......... $NONE
3. $ NONE PremilJm to Disability Insurance Co. (Joint Coverage) 12. Abstract Fee. . . . . . . . . . . . . . . . $NONE
4. $ 243 _ SO Premium to Disability Insurance Co. (Single Coverage) 13. Paid on Prior Accountwilh LenderSNONE
5.$ 42. 74 Premium to Property '".ure"ceCo, $ 1850.00'4, Amount Paid to you or on your $ 4251.37
6.$NONE Paid to Public Officials for Amount of Coverage behalfitemrzedbelOW..
Certificate of Title Fees
7; $ 56.50 Paid to Public Officials for Recording and Releasing Fees
B. $NONE Premium to Non-Filing Ins. Co.
9. $NONE Premium to Involuntary Unemp.lns. Co.
PAID TONA
PAID TONA
PAID TONA
DEFAULT,
DEFERRIIL
AND
EXTENSION
CHARGES:
$600.00 Tocusr/MYERS
$3430.15 CUST/ANBCC
s190.00 CUST/NON CRD
150. OOService Charge (Prepaid Fll)anceCharge) $NA NA
$NA NA
Broke,. Fee Prepaid FiNANCE CHARGE $NA NA
(Paid to NA ) $NA NA
2003; 551"tere.t (Ol.count) $NA NA
54. 15ExtendedFirstPa mentOueOataChar $NA NA
$NA NA
NOTE $31. 22 you
In this Note the words, "you, yours, and you~' mean each and all who signed it as Borrower, The words, ''we, us and our' mean Lender
(Credito~,
PROMISE TO PAY: You agree to pay the Total of Payments shown which includes the Amount Financed and Charges (including a
service charge equal to the lesser of $1,50 for each $50,00 not to exceed $150 and, if applicable, a brokers fee) to
maturity which have been precomputed at a rate authorized by law to yield the Annual Percentage Rate set forth
assuming all payments are made as scheduled, If Line 160 above is filled in, then you have requested an
extended first payment due date and have been charged the above amount.
If this loan is a renewal of an earlier loan from us, and this renewal is within 4 months of the date of that earlier
loan, then there will be no service charge on this loan if only the unpaid balance of the earlier loan is being'
renewed, If an amount in excess of the unpaid balance of that earlier loan is being renewed or refinanced, the
service charge is calculated only upon the amount by which this loan exceeds the unpaid balance of the earlier
loan, after crediting the unpaid balance of such earlier loan with any refund of interest 'or discount that may have
been due upon renewal or prepayment.
n Anytime after year(s) from the date of this loan we can demand the full balance and you will have to pay
~ principal amount of the loan and all unpaid interest accrued to the day we make the demand. If we elect to
exercise this option you wlli be given written notice of eiection at least 90 days before payment in full is due, If you
fail to pay we wili have the right to exercise any rights permitted under the Note, Mortg!lge or Deed of Trust that
secures this loan, If we elect to exercise this option, and the Note calls for a prepayment penalty that would be
due, there will be no prepayment penalty.
If you fail to make any required payment within 10 days of its due date, we may charge you 1 1/2% per month of
lhe amounl pasl due, but not less than $1,00,
.We may postpone or defer, for a number of months equal to the number of installments in default, the payment of
any installment in defauit for 60 days or more on which no default charge has been collected, or any other
inslallmanl if so requested and agreed, You further agree to pay a deferral charge equal to 1 1/2% per month on
the amount deferred for the period of deferral, but in no event shall the deferral charge be less than $1,00 if the
period of deferment is 10 days or more,
If we agree, ":i!h you to extend any payment to the end of the contract, we may charge an extension fee of 1 1/2%
of the unpaid'principal balance. It any unpaid balance remains after maturity of this contract, that entire unpaid
balance will be considered in default and subject to the 1 1/2% per month default charge on any amounts
remaining unpaid after judgment, you will pay interest atlhe highest judgment rate permitted by taw, not to exceed
1 1/2% per month,
In the event any payment is made by check, draft or order and said check, draft or order is dishonored by reason
of insufficient tunds in or on deposit with the drawee, the holder hereon may charge a service charge not to
exceed $ 20.00 ,
You have signed this Note on the Date of Note in the presence of the person(s) identifying themselves below as
witnesses,
NOTICE: The following NOTICE applies if you were referred to us by a seller of consumer goods or services and a substantial portion of the proceeds of this
loan is used for the purchase of consumer goods from that seller:
NOTICE
ANY HOLDER OF THIS CONSUMER Cf.lEDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
DeBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
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,$
B,$NONE
15,$
16.$
17,
18,$
4686.45 Amount Financed (Sum of lines tthru 14)
2153.55RNANCECHARGE ~ c
26.31 % ANNUAL PERCENTAGE RATE/
6840 . 00 Total of Payments .$
DEMAND FEATURE:
(if chacked)
BAD CHECK
CHARGE:
SIGNATURE:
Witness:
LS, (Seal)
CDPY RECEIVED:
Witness:
Witl1ess:
LS. (Seal)
EXHIBIT
038,00001 (3-1-99) PAA261 PENNSYLVANIA CONSUMER OIS i A
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SIGNATURE OF OTHER BORROWER
'IERSE SIDE FOR ADDITIONAL IMPORTANT TERMS
AMER.GEN.FIN.
~,'
REPA TE
FOR
PREPAYMENT
IN FULL:
TIME OF REPAYMENT:
OELAYIN
ENFOROEMENT:
ENTIRE PAlANCE
DUE ON DEFAULT:
OO-MAKERS;
REQUIRED
INSURANCE:
CREDIT INSURANCE:
CANCE~LA 1l0N OF
INSURANCE,
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ID:6107671267
JUN 12'00 12:14 No.009 P.Ol
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Vou may prepay thl.loan In pan Or in full at "ny timo. If you prepay this loan In full, you 1>'11I be glv~ a refund of
the uneamed part of the flnatlce charge (and ",bale of uneamed credllln.urance costs bUt exclUding any prepaid
Finance Charge), This refund will be caloulated aooording to the Rule of 76ths, Any refund of lesothan $1.00 will
nol be made, Vou unde"'tand thai thor<, will be no refund Or credit of the prepaid Finance Charge end thai such
charge i. fully eamed by u. on the Dme of Not0..
The first payment shall be dua on Ihe ~nte Indlcatod and the fOllowing payments shall be due on the same day of
each succeeding month to and including the Final Payment Due Date.
We may eccopt lata payment or paltlal pMymonts even though mal1<ed "peyment in full", wkhoutlpsing any of our
rights under this Note. We may delay enforcing eny of our rights under this Note without losing them. We don't
have to notify you that this Note hasn'l boen paid, We may change the terms of payment and release any secUrity
without notifying you and without relonGlng you from responslbillly on this Note, .
If YOllfali to pl\Y the full amount 01 any monthly Inslallment on time, or II you fall \ofulflll your obligalkms under any
security agreement you have given, YOII wil.1 be in default on your loan, If you are in default, We may require,
following any notioe and right to curo required by law, Ihat you pay the enlire unpaid balance of this loan I.... a
refund of Ihe \.neamed part of the F;inance Ct'argo (and rebate of Credit Insurance coSI$, ff any), This refund will
bo oalculated according to the RLd" of 70tho, We may also exercise our righta to the seourity ff any, you have
given for this loan as set forth In tho seourity agreemont or mortgage, Vou will also pay us reasonable amounts
permlned by law which we spend trying 10 collect what you OWe or trying to take, foreclose, or sell the seourity, You
will also pay our reasonable attorney's lees and cou~ COS18 Inoludlng any for "ppoals as permitted by law,
If you are signing this Nole ae a co-maker, you understand that you are equally responsible with Ihe borrower,
although we may sue either of YOI'. We mo not required by law to notify you if this Nota is paid off, We can also
alter the terms of payment and release n lien froln nny seourity without notifying you,
Vou agree to maintain Insurance against nil hazards and risks ot physical damage cn the oollateral securing this
loan (other than household goods), Vou agren to maintain suoh insurance for the term of the loan. You may
obtsin the requlrod Insuranoe from any agent or Insurer of your choice, oryou may name us a. lo.s payee on any
exi.tlng polley YOll own, Unless you plovido us with evidence of the required Insurance coverage, we may
purchase Insutance al your expense to prolact our Interests In your collateral, This insurance may, bul Med nOl,
protect your interests, The ooverage that we purchMe may not pay any claim that you make or any claim thaI I.
made against you In connection with I"" coll.teml, V ou may lalar canoel eny insurance purohased by us, bul only
after pmvldU1g us with evldenoe that you have ohtalned In.utance s.s reqll~<:d by our agreement, If we purchase
insuranoe for Ihe collaleral, you will be rcsponsiblo for the cosls of lhat insurence, Including Interest and any other
oharges wo may impose In conneclion with tho plaoement of the Insulanoe, untIl Ihe effective date 01 the
oancelletlon or expiration cf the insuranoe. Tile oosts or the Insuranoe may be added l\) YClUr total outstanding
balance or obligallon. The costs of \l1e Insuranca may be more than the co.t of Insurance you may be able to
obk~In on your own,
If you voluntarily request credit life or disability insurance, you acknowledge disclosure of Ihe cosl of such
Insuranoe and aUlhorize us to include it in Ihe balance payable Under Ihe note and seourityagreement.
Vou understand that credlllnsurance (Wl1ich may include credit life, oredil disability or oredll personal property) Is
nol required In oonnection wllh this loan and was nOI a factor In the approval of the oxtension of crodlt, and that
you may oblain suoh insurance, if you wanl ii, from any pel$On you choose. If you have ohosen to obtain credit
Insurance through lender, then (a) your oholce to obtain such oredlllnsuranoo through Lender is IndiClOted on a
separately signed Federal Olsolosllre Clalement, a copy of whioh has been given to yoU and (b) the oo.t of suoh
credit Inaurance is included within Ihe Amount Financed and Is shown on the Itemization of Amount Financed,
It not prohibited by law, and Lendet purchased any Insurance for you which protecls your acoount or collateral,
you assign.to us any retumed or uneamod insumnce premiums. not in excess of Ihe unpaid principal balanoe, to
be applied to tne unpaid principal blOlanco.
088-??oo1 (3,..99) PAA>62 ~ENNSY~ VAN,^ CONSUMI:H OISCOUNT COMPANY At: I
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AMER.GEN,FIN,
ID:6107671267
JUN 06'00
12:21 No,Oll P.Ol
AMERIO\N
GENERAl
FINANCE
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,prY'
, Financil
6 S, Hano~er St,
p, O. Box 417
CerI,&le, p/\ 110:~....\
<"helle: 717 . 243-1
BRANCH ADDRESS STAMP
NOTICE TO CO"SIGNER
You are being asked to guarantee this debt, Think carefully before you do. If the borrower
doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that
you want to accept this responsibility,
You may have to pay up to the full amount of the debt if the borrower does not pay, You may
also have to pay tate fees or collection costs, w:hich increase this amount.
The creditor can collect this debt from you without first trying to collect from the borrower. The
creditor can use the same collection methods ag~inst you that can be used against the
borrower, such as suing you, garnishing' your,wages, etc, If this debt is ever in default, that
fact may become a part of your credit record. . ,
This Notice Is not the contract that makes you liable for the debt.
I have received a copy of this notice.
Date 07 I011.22-~__ _,
Account Number .-1Jill3aL..
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, (Signature of Co-Signer)
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-03757 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE
VS
YOHE JOSEPH E ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
HARDY ELIZABETH W
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, HARDY ELIZABETH W
PER OFFICE STAFF AT 382 A HEISER LANE, ABOVE
APARTMENT IS EMPTY. POST OFFICE HAS NO INFORMATION.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
3.10
5.00
10.00
.00
36.10
S~~~
R, 'homas Kline
Sheriff of Cumberland County
GINGRICH SMITH KLINGENSMITH
07/20/2000
Sworn and subscribed to before me
this -Z/~ day o~
dl6?O A.D.
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Pro h notary I
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-03757 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE
VS
YOHE JOSEPH E ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
YOHE JOSEPH E
but was
unable to locate Him in his bailiwick. He therefore returns the
COMP~INT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, YOHE JOSEPH E
ABOVE APARTMENT IS EMPTY, GLENN PERIER IS THE
RESIDENT OF THE ALTERNATE ADDRESS FOR SERVICE; 39 fAITH CIRCLE. CARLISLE,
PA. HE DOES NOT KNOW THE DEFENDANT. JOSEPH E. YOHE.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
6.00
3.10
5.00
10.00
.00
24.10
;&~~
R. Thomas Kline
Sheriff of Cumberland County
GINGRICH SMITH KLINGENSMITH
07/20/2000
Sworn and subscribed to before me
thi s ,;/, /A-I-
day of 9,~
:UVO A.D.
~ 0. 'JJvIP,., '~4{
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintiff
No. 00 - .11S7 <:2, u~l '-z-~
vs.
JOSEPH E, YOHEAND ELIZABETH W. HARDY:
A/KJA WANITAE, HARDY,
Defendant
NOTICE
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 defense
or objections to the claims set forth against you, You are warned that if you fail to do so the case may
proceed withoutyciu and a judgment maybe 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
GINGRICH, SMJTIt KUNG?LAN
BY'.
' er ert . Henderson, 11, sqwre
Attorney for Plaintiff. '
222 S. Market St., p, O. Box 267
Elizabethtown, P A 17022
Attorney I.D,# 56304
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintiff
No.
vs.
JOSEPH E, YOHE AND ELIZABETH W. HARDY:
A/KJA WANITAE.HARDY,
Defendant
COMPLAINT
1. Plaintiff is American General Finance Consumer Discount Company is a consumer
discount company duly authorized and Jicensed to conduct bnsiness within the CO!ll1l1onw:ealth of
Pennsylvania which currently maintains a principal place of business at 6 South Hanover Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant Joseph E. Y ohe is an adult individual with a last known address of 382 B
Heiser Lane, Carlisle, Cumberland County, Pennsylvania 17013,
3. Defendant-Elizabeth. W. Hardy, also known as Wanita E. Hardy, is an adult
individual currently residing at 294 Running Pump Road, Newville, Cumberland County,
Pennsylvania 17241.
"",.' L''. "... . 4." "'Orlot'lIboiitJl1ly7;'1999PlaintiffaildDefendants YoheandHardyenteredintoaloan . '.,
, -''''''''0''
a.greement whereby Plaintiff loaned to Defendants the sum of $4.686A~ to ,be repaid over a 36
".",
month period atthe'corifrilct interest rate of 26.31 %. A true and correct copy. of the Note is attached
hereto incorporateEl1herein by reference as though set forth at length and marked as Exhibit "A".
5. DefendantsY ohe and Hardy hllvefailed and or refused to make payments when due
and currently due for March 10, 2000, April 1 0, 2000, May 10, 2000 and June 10, 2000.
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6. . Defendant Hardy, despite having received lU:OJly-of the Note and being advised that
she would be responsible for payments in the event Defendant Y ohe failed and/or refused to make
the same, has also failed and/or refused to make any payments due on the Note. See the "Notice to
Co-signor" form signed by Defendant Hardy, the same of which has been attached hereto, is
incorporated herein by reference as though set forth at length, and marked as Exhibit "B"j
7. As of the date of this Complaint, Defendants are past due in the amount of $772.30
as ofJune 11, 2000.
8, As a result of Defendants' failure and/or refusal to pay the payments pursuant to the
terms of the Note, Plaintiffhas suffered damages in the amount of$5,888.84, including principal and
all interest, plus legal fees and costs pursuant to the terms of the Note,
9. Defendants' refusal to make payments when due under the Note is a material breach
of the parties' written agreement, i,e, the Note, the same of which is attached previously as
Exhibit"A".
WHEREFORE, Plaintiff American General Finance Consumer Discount Company demands
judgment in its favor and against Defendants Joseph E. Y ohe and Elizabeth W. Hardy, jointly and
severally, in the amount of $5,884.00 plus legal fees and costs,
Respectfully Submitted,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
BY.. ~
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
222 South Market Street, Suite 201
Elizabethtown, P A 17022
I,D, # 56304
""
- '~
~-w. .;~o~
,.
-
rOOl!;t;
VERIFICATION
DEANNA BANKERT, being duly swom according to law, deposes and says that she is the
Assistant Manager of American General Finance Consumer DlscOlUlt Company and that she is
authorized to make this Verification on its behalf; that the facts set forth in the foregOing Complaint
are true and correct to the best ofher knowledge, infonnation and betief and that this verification is
taken subject to the penalties of Iii Pa.C.S. Section 4904 relating to unsworn falsification of
authorities.
Date: b' \ yOO
~~
Sworn to aPdsubscn'bcd )
)
before me this J J "j) day )
.-" )
of :J CA fle.. ,2000.)
~J.~~l"~~'~~.
Nutary Public
"
Notarial Seal
Kimberly S, White, Notary Public
Hampd.3~ T~p.,...Cu~b&rland County
My Commlss:oil eXpires Oct .~IJ, 20~O
rl,~erTll)f!r. ;-lcnn.::-,:.;,;r0!~ .D;~;~,-~;-"77'::,~:::;;;
ACCOUNT NUMB~R DATe FINANCE; CfjARGe BeGINS TO ACCRUE
13492387 L IF DIFFERENT FROM DATE OF NCTE
BORROWER(S) NAME AND ADDRESS LENDER rNE, US, OUR)
E1i7..r..th w.H::o:qy'- 0:IrelIer AMERICAN GENERAL CONSUMER DISCOUNT
JOSEPH E YOHE. ' 6 SOUTH HANOVER STREET
382 a HEISER LANE CARLISLE, PA 17013
CARLISLE PA 17013
y-
Dale of Nole
07/07/99
"
~'"
NOTE
AMERICAN
I GENERAL
FINANCE
COMPANY
Ars' Payment
Due Date
Other Payments
Due on Same
Date of Each
Month.
FInal Payment
Oue Date
Amount at First Amount of Balloon Amount of Monthly
Payment Paymenl Payment
Total Number Term of
of Payments Loan in
Months
36 36
08/10/99
07/10/02
190.00 $ NONE
$
$
190.00
ITEMIZATION OF AMOUNT FlNANCEO
1. sNONE Premium to Life' Insurance Co. (Joint Coverage) 10. Appraiser for Appraisal Fee.... $NONE
2, $ 92.34 PremIum 10 l.i\~lnsure,nce Co, (Single Coverage) 11. Tnle Exam {Tftle Ins. ..,.."., .$NONE
3. SNONE , P~~OJ!l:Im to D~~Uity I.~surance Co. (Joint Cover~e) 12. Abstract Fee. . . . . . . . . . . . . . . . sNONE
4. $ 241 'i0 Premi~_~ 10 O~,~ffily 11!~,~ran08 cO. (Slngle'eave,age) 13. Paid on Prior Account with lender$NONE
5,$ 42. 74 Premi~mloPr~pertyl,1iniranceCO, $ 1850.0014, Amounl Peid 10 you or on your $ 4251.37
6. $ NONE Pald to Public:Ofl. Icialsfor Amount of Coverage behalf Ilemlzed below --,
Certificate ofTftle Fees ...
7, $ 56.50 Paid to Publk:()fficiels,for Recording and Reieesing Fees
8. $ NONE Premium to Non-Filing_Ins. Co.
9. $ NONE Premium to InvoluntarY: Unemp. Ins. Co.
PAID TONA
PAID TONA
PAIDTONA
$600.00 ToCUST/MYERS
$3430.15 CUST/ANBCC
$190.00 CUST/NON CRD
150. 00 Service Charge (P,epe/d Flnonoe Char.e) $NA NA
$NA NA
Brokers Fee Prepe/d FINANCE CHARGE $NA NA
(Peid to NA ) $NA NA
2003;551"leresl(D~cou"l) $NA NA
54 Exlendad Fksl Pa menl Due Dale Char $NA NA
$NA NA
" NOTE $31. 22 YOU
In thi~ Note the words, "you; yours, and you~' mean each a,1d all who signed it as Borrower, The words, ''we, us and our" mean Lender
(Credltorj, ,.
,$
B.$NONE
15.$
16.$
17,
10,$
4686.45 Amount Financed (Sum of lines 1 thru 14)
2153,55 F1NANCSCHARGE >- C
26.31 % ANNUA,I- PERCENTAGE RATED::
6840.00 Total of Payments
PROMISE TO PAY:
DEMAND FEATURE:
(if checked)
DEFAULT,
DEFERRAL
AND
EXTENSION
CHARGEe:
BAD CHECK
CHARGE:
SIGNATURE:
You agree to pay the Total of Payments shown which includes the Amount Financed and Charges (including a
s,ervice charge equatto the lesser of $1 ;50 for each $50,00 not 10 exceed $150 and, ~ applicable, a brokers fee) to
flilaturity which have been precomputed at a rate authorized by law to yield the Annual Percentage Rate set forth
assuming all payments are made as scheduled. If line 160 above is filled in, then you have requested an
ei<tended first payment due date and have been charged the above amount.
II this Iqan is a renewal of an eartier loan from us, and this renewal is within 4 months of the date of that eartier
Ipan, Ihen there will be no service charge on this IClan if only the unpaid balance of the eartier loan is being'
renewe.d. If an amount in excess of the unpaid balance of that earlier loan is being renewed or refinanced, the
service ,charge is calculated only upon the, amount by which Ihis loan exceeds the unpaid balance of the eartier
loan,aft~r crediting the unpaid balance of such earlier loan with any refund of interest or discount that may have
i:)een .qUe upon renewal or prepayment.
n Anytime after year(S) from the date of this loan we can demand the full balance and you will have to pay
, nte principal amount of the"loan and all unpaid interest accrued to the day we make the demand, If we elect to
ei<erci~e this option you will .be given writt,en notice of election at least 90 days before payment in full is due, If you
fail to pay we will have the right to exercise any rights permitted ,under lhe Note, Mortg!lge or Deed of Truslthat
secures this loan, If we elect to exercise this option, and the Note calls for a prepayment penalty that would be
due, there will be no prepayment penalty,
If you .fail to make any required payment within 10 days of ils due date, we may charge you 1 1/2% per month of
the al\1ount past due, but not less than $1,00,
'We may postpone or defer, for a number of months equal to the number of installments. in default, the payment of
"ny installment in default 'for 60 days or more on which no default charge has been collected, or any other
,installment itS() requested and agreed, You further agree to pay a deferral charge equal to 1 1/2% per month on
,the, 1I,I'i1i;>untd"ferred for the period of deferral, but in no event shall the deferral charge be less than $1,00 ~ the
, period .of defert)'lent is 10 days or more,
If we agreewi!h you to extend any payment to the end of the contract, we may charge an extension fee of 1 1/2%
Qf the unpaid'Rrincipal balance. If any unpaid balance remains after maturity of this contract, that entire unpaid
balance will be considered in default and subject to the 1 1/2% per month default charge on any amounts
remaining unpaid after judgmenl, you will pay inlerest at the highest judgment rate permitted by law, not to exceed
11/2% per month,
In the event any payment is made by check, draft or order and said check, draft or order is dishonored by reason
of insufficient funds in or on deposit with the drawee, the holder hereon may charge a service charge not to
exceed $ 20.00 ,
. You have signed this Note on the Dale of Note in the presence of the person(s) identifying themselves below as
witnesses.
NOTI9,E: The' follpwln9 Noi)CE ,applies if you were refetr$d to us by a seller of consumer goods or services and a substa~tial porlion of the proceeds of this
loan ls'used for I,he purchas~,_of con$umer ,goods from th~:t seller:
, NOTICE
ANY HOLDER OF TH.IS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COUI-D ASSERT AGAINST THE SELLER OF .GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER. . '
COpy ReCEIVED: Yo acknowledge receipt of a completely filled-in copy of this Note and a copy of the Federal Disclosure Statement
a separa ,heet.
<zr1- ~ ~1 t<$4 . '
- ././7'./ SIGJIA~ PRINCIP
~/
- SIGNATURE OF OTHER BOR OWER
Witness:
Witness,: .'
LS, (Seel)
Witness: ~' _'
038-00001 (3-'-9~ENNSYLV;NIA, :ONSUMER DIS J
-,
. Seal
- SIGNATURE OF OTHER BORROWER ~
ilERSE SIDE FOR ADDITIONAL IMPORTAN '~S
~ ~
EXHIBIT
A
;;",=~"-"'~- ","
~~,
AMER .GEN .F'IN. .
"
REIlATE
FOR
PREPAYMENT
IN fULL:
TIME OF REPAYMENT,
DELAY IN
ENFOROEMENT:
ENTIRE BALANCE
DUE ON DSFAUL T:
CO-MAKERS:
REQUIRED
INSURANCE:
DREDIT INSURANCE:
CANOEUAllON OF
INSUAANCE:
.....-~
"""'""'~<lIIoI~~
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. us
ID:6107671267
JUN 12'00 12:14 No.009 P.Ol
/) ~l/h l I k.\~l
You'in~y prep,ay Ihlo ,(!>an!~ pan Or in full Allmy limo, . " you propllY this lOan In full, you \11111 be glv" a rvtund of
the ~I;leamed part of thll fil1ance chalgo (and robale,of uneamed credlllnoumnce COllis bUI ,exclUding any prepaid
Finance Charge). Th.ls reftlnd will be "olollllll"d according 10 Ihe Rule of 781M. Any relund of less then $1.00 will
not be made, You u"detalend Ihallhero w~1 be no relund or credit of Iho prepaid Finance Charge end Ihat such
chalge Is fully eamed,!>y U8 on the flme of Nole.
Thelfillll payment shall be'due on Ihe dnle Indlcalod and the follOWing payments shall be due on the same dllY 01
each succeeding monlMo;and Including the Fina' Paymenl Due Date.
We may accopllale payment or partiall'Hymcnls even though mal1l11d "paymenlln full", without fpsing any of our
rights under this Note, We may delay ""forclng any of our rights under Ihis Nole wllhoUllosing them. We don't
have to nollfy you that !bIsNole hasn'l boen paid. We may change Ihll tenns of paymenl and rel....sll any aecurity
wilh~ul nollfying you an~ without relonslng you from ~sponsibUlty on this Nole,
If You .Ialllo pay Ihe full i'"lount of any monthly Illsmllm,lInl on time, or If you falf to ftlltlll youf obligalions under any
&ecu~!y agrellmenl YOU;hava given, you will be in datault on your loan, If you are in default, we may requirll,
101l~"Ying Rny nolioe an~ ~ghtlo OUre rnqulred by law, thai you pay thll entire unpaid balllnoe olll1is loan IlO$S a
relupd ollhll uneamlldp~i1 of the Finonco Charge ,(RI)d rebale of credlllneurence costs, if any), This relund will
bo,.o!llqulaled ,according t9 the Rulli of; 7alnA, We m!ly also ""eleisll our rights to the eecurily if any, you have
given for this loan aesell~rth In IhA 8e"urily,,,gle""'~nt or mortgage, You will elso pay us rllasenable amounts
permllled by law which >v,,:eplll1d trying'lo collecl whlll you OWe or hying to lake, foreclose, or salllh8 securily, You
will !ltSO pay our reason~ble allomey's rCC8 and court costs Including any for appoals as pennlltlld by law.
I! you are signing Ihls Nole ae a co-maker, you understand lI1atyou are equally responsible with Ihe borrower,
although We may aUII'eilher of you. Wa sro nol required by law to nollfy you If Ihls Note is paid off, We can also
aller the tenns 01 payment and release n lion from nnysecurily without notifying you,
YOU agree 10 maintain Insuranca "galnst nil hazards and risks of physical damage on thll oollaleral escuring thle
loan (other !ban household goods). You agreo to meintain such Insurance lor Ihe tenn of Ihllloan. You may
oblaln the requlrod Insurance from Rny agenl or insulerof your choice, oryou may name Us lIS 1088 payee on any
ellisllng policy you own. Unless you plovido us with IlvidenCII ot Ihe required insuranca coverage, we may
purchlilSe Insutanoll aI your expense 10 prolecl our Inleresls In your collateral, This Insurance mey, bUI nalld not.
protect your Inlerasls, Tha Ooveragc 1I1ftl we pUlchase mey nol pay any clelm thel you make or any claim thai Is
made agablsl you in c.onnectlon wUh 111" collaleml, You may laler cancal any Insurance purchased by us, but only
anerprovldlrlg u. wUh IIvldence fhat YOll h"ve obtained Insurance as required by our agreement. If we purchase
Insurance for Ihe collateral, you wllllJc responsiblo lor the costs of Ihallnsurence, Including Interesl and any other
charges Wa may impoee In oonnection wUh tho plaoemenl 01 lI1e Insurance. unUI the effective date of the
cancellation or ellplrallonol the Insurance, Tho costs 01 IhIIlnsuftlnce may be added to your total outstanding
balance Or obllgallon. The coals of the insurance may be more than the cOst of Insurance you may be abla to
obtain on your 0",",
If you volunlarily request crediltife or dlsnblllty i""urance, you acknowledge disclosure 01 the oosl of such
Insurance end aUlhorize u~ to include it In the bnlnnce payabla undllr Ihe nole and security agreemenl.
You understand thalcrlldlllnsurance (wllich may Include credilllfll, oredil disablllly or credll parsonal property) Is
nOlrequlred In oonnecllon wllh this loan and was not a laclor In lI1e approvel of the exlenslon of crodit, and that
you may obl1oin such InsuranclI, it you wanlll, from any plll$On you choosa, If you hava chosen to oblSln credll
Insulance through Landllf, then (8) your choice 10 obtain suoh credit insurenca through Lender Is Indlcllllld on a
separately signed Fedltral'Dlsclosura G1atamenl, a copy of whloh has baen given to yoU and (b) lI1e 0081 of suoh
credlllnaurance Is Included within the Amount Fin"noad and Is shown on the ltemlzaUon 01 Amount Financed,
,
If nOI prohlblled by Inw, and Llll1der purchased any Insurance for you whioh prolect. your account or collaleral,
you assign ,to us any retumed or uneamocf.lnsuJllnoe.premlums,.not In BlCcess of Ihe unpaid principal balanoe, tc
be applied to the unpaid principal belanoo.'
.
OllSoOOOOl (3-1.88) PAA>Cl2 ~UNNSYl.VANII\ CONSUMtH DI!!OOUNT OOMIIANV Al:!
.
,.
w ~_ ~ .,_",. .~
~"-~
-
~.
"'
-
AMER,GEN.FIN.
ID:6107671267
JUN 06'00
12:21 No.Oll P.Ol
AMERICAN
I GENERAl
FINANCE
f) 'IIvv' ,
P Jtj A.~~'
~vr
, anee
6 S. Hanover St.
P O. Box 417
Ctrlitle. fA ^~!Ol!.tI:)
(phan8: 717 . --
BRANCH ADDRESS STAMP
NOTICE TO CO-SIGNER
You are being asked 10 guarantee this debt. Think carefully before you do. If the borrower
doesn't pay the debt, you will have to. Be sure you can afford to pay If you have to, and that
you want to accept this responsibility,
You may have to pay up to the full amount of the debt if the borrower does not pay, You may
also have to pay late fees or collection costs, which increase this amount.
The creditor can collect this debt from you without first trying to collect from the borrower. The
creditor can use the same collection methods against you that can be used against the
borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that
fact may become a part of your credit record,
This Notice Is not Ihe contract that makes you liable for the debt.
I have received a copy of this notice.
Date 07 /07/9!L___,-,-.
Account Number ---13m3JlL
J;:
~ "
.k~-
(Signature of Co-Signer)
"
i
i
i
i
'0
; i
I 01o-004~ (H~b-07) UN11?1
EXHIBI'r
I
B
B
-
OfFT(:r OF :H( SHEHlff
C\j!r-- -I ','1 ~-)i.fNTY
'''''::-' ,.,[ : ! :~L
PEN H S Yl'iA,'; 1,\
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JUM ZQ iQ 02 fJ 'OJ
:;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintiff
No. 00- J1S1
eib{'T~
vs.
JOSEPH E. YOHE AND ELIZABETH W. HARDY:
A/KJA WANITA E. HARDY,
Defendant
NOTICE
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 defense
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 maybe 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
:GWcum'KLmG~~
~l'. Hentlerson, ll, sqwre
Attorney for Plaintiff
222 S, Market St., P. O. Box 267
Elizabethtown,P A 17022
Attorney I.D,# 56304
~ ,,....'.' '
TRUE COPVFROM RECORD
In Testin!MY whereof, , ,*8 untoset,lnY halId
and. . ttle .SeaI. .of said. .Cou.. '.j atearl... isle.. . Pa.
"- ~ )J~a!, ~~~J'd--
-,."..'
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintiff
No,
vs.
JOSEPH E. YOHE AND ELIZABETH W. HARDY:
AlKJA WANITAE, HARDY,
Defendant
COMPLAINT
1. Plaintiff is American General Finance Consumer Discount Company is a consumer
discount company duly authorized and licensed to conduct business within the Commonwealth of
Pennsylvania which currently maintains a principal place of business at 6 South Hanover Street,
Carlisle, Cumberland County, Pennsylvania 17013,
2. Defendant Joseph E. Y ohe is an adult individual with a last known address of 382 B
Heiser Lane, Carlisle, Cumberland County, Pennsylvania 17013,
3, Defendant Elizabeth W. Hardy, also known as Wanita E. Hardy, is an adult
individual currently residing at 294 Running Pump Road, Newville, Cumberland County,
Pennsylvania 17241.
, . 4..' On oraboutJuly 7, 1999 Plaintiff and Defendants Y ohe and Hardy entered into a loan
. agreemenf whereby Plaintiff loaned to Defendants the sum of $4,686.45 to be repaid over a 36
month period at the contract ititerest rate of26.31 %. A true and correct copy of the Note is attached
hereto incorporated herein by reference as though set forth at length and marked as Exhibit "A".
5.
Defendants Y ohe and Hardy have failed and or refused to make payments when due
and currently due for March 10, 2000, April 10, 2000, May 10, 2000 and June 10,2000,
~~ ~~~ ,~
" ~
^,,:
.
6., Defendant-Hardy, despite having received a copy of the Note and being advised that
she would be responsible for payments in the event Defendant Y ohe failed and/or refused to make
the same, has also failed and/or refused to make any payments due on the Note. See the "Notice to
Co-signor" form signed by Defendant Hardy, the same of which has been attached hereto, is
incorporated herein by reference as though set forth at length, and marked as Exhibit "B"I
7. As of the date of this Complaint, Defendants are past due in the amount of $772.30
as of June 11, 2000,
8. As a result of Defendants' failure and/or refusal to pay the payments pursuant to the
terms of the Note, Plaintiffhas suffered damages in the amount of$5,888.84, including principal and
all interest, plus legal fees and costs pursuant to the terms of the Note,
9, Defendants' refusaltomake payments when due under the Note is a material. breach
of the parties' written agreement, i.e. the Note, the same of which is attached previously as
Exhibit"A".
WHEREFORE, Plaintiff American General Finance Consumer Discount Company demands
judgment in its favor andilgainst Defendants Joseph E, Y ohe and Elizabeth W. Hardy, jointly and
severally, in the amount of $5,884.00 plus legal fees and costs.
Respectfully Submitted,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
BY~ ~
Herbert P. Henderson, II, Esqmre
Attorney for Plaintiff
222 South Market Street, Suite 201
Elizabethtown, P A 17022
J.D. # 56304
""~" ...
- "'-
VERIFICATION
DEANNA BANKERT, being duly swom ilCCOrding to law, deposes and says that she is the
Assistant Manager of American General Finance Consumer Discount Company and that she is
authorized to make this Verification on its behalf; that the facts set forth in the foregoing Complaint
are true and correct to the best of her knowledge, infunnation and belief and that this verification is
taken subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification of
authoritiC$.
Date: b r \ y ct::J
~..
. ert, tlllstant Manager
Sworn to and subsaibcd .. )
)
before me this / J 1!:J day )
~ )
of :Ju.~ ,2QOO,)
'1~~A'\~ 5. ~.3W
Nol/l.l)' Public
. _,I,l'
',I'
Notarial Seal
Kimberly S, IVllite, Notary Public
Hampd'9~ T~p.. Cl!mb~rland County
My Comml3s:oil E):pires Oct. :::IJ, 20JO
r"~t!m08r. ~'CIi11:'.:;':2;:;:;A;{$~i1-:,~::,,::;,.~
r. ' ~ '~
"
NOTE
AMERICAN
I GENERAL
FINANCE
~ ~ -,' .'
.
LENDER (WE, US, OUR)
i AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
6 SOUTH HANOVER STREET
CARLISLE, PA 17013
Dale of Note
First Payment
Due Date
O!her Payments
Due on Same
Date' of Each
Month,
Anal Payment
Due; Date
Amount of Arst Amount of Balloon Amount of Monthly
Payment Payment Payment
$
Total Number Term of
of Payments Loan in
Months
36 36
07/07/99
08/10/99
07/10/02
$
190.00 $ NONE
190.00
15.$
16,$
17,
18.$
ITEMIZATION OF AMOUNT FINANCED
1. $NO~~" Pr~mium to,ui~_i~~uJ~~~ G9. ~10i!1t Cover~ge) "i 10. Appraiser for Appraisal Fee . . .. SNONE
2. $ 92. 34 P"'m1umtoLile,!nsula~Co, (SlngleCoverageL 11, TItIa Exam/Tftlalns. ....,..' ..$NONE
3. SNONE premiu'mto;Ois~IIity~,i1~~qrMCe_CQ. (Joint60VElr~~e) 12. Abstract Fee ....... .'........ SNONE
4. S , 4:\ . 50 Premium to'O~Qbility:.'ri~rance ,~. (Single' Co~er-8ge) 13. Paid on Prio" Aecou~t with Lender SNONE
5. S 42.74 PremiLlmto Pl~perty 1~~u'8nceCo. S 1850.0014. Amoun.tPa!d to you or ,on your $ 4251.37
6. S NONE Paid .to. PUb.lic'OnicialS to... r Amount of Cov,. erage bQhaH itermzed below .--'
- Certif.cate &Tltfe FeeS"'j" ' '
)I.
7. $ 56.50 Paid tc? Public QfflcialsJOl Recording and Releasing Fees
8. $ NONE Premium t~ Non-Filingi,lns. Co.
9. $ NONE Premium to Involuntar{Unemp. Ins. Co. .$
I,,'
, B,$NONE
4686.45 Amount Flnan~,i.d (surit'o! lines 1 thru 14)
. '\',. ' ,I ,." ., H-.' >",,,I
2]53.55FfN~I'l~;P.!'l.AJ"GE,.. '.~ C$
":26.31 % ANNU~tpSli"E/tjrAGE RATE :
6840.00TOtalofP.y~~ts.",l""I' .....' 0,$
1;--"
PAID TONA
PAID TONA
PAID TONA
DEMAND FEATURE:
(if checked)
$600.00 ToCUST/MYERS
$3430.15 CUST/ANBCC
$190.00 CUST/NON CRD
150. 00 Service Charge {Prepaid Anano,Cha..,} $NA NA '
. $NA NA
Brokers ~oe Prepaid FINANCE CHARGE $NA NA
(Paid to NA ) $NA NA
2003; 551nle,est (Discounl) $NA NA
54 5 Extended First Pa ment Due Date Char $NA NA
$NA NA
NOTE' $31.22 ' YOU
In lh~ Note the words, "you, you~, and your" mean each and all who signed il as Borrower, The words, "we, us and our" mean Lender
(CredItor), "
PROMISE TO PAY: '(ou agree to pay the TOlai'of Payments shown which includes the Amount Financed !lnd Charges (inCluding a
service charge equal to the lesser of $1.50 for each $50.00 not to exceed $150 and, W applicable, a brokers fee) to
malurill( which have been precomputed at a rate authorized by law to yield the Annual Percentage Rate set forth
~uC!ling ,all payments are made as scheduled, If Line 16D above is filled in, then you have requested an
',extend~ first payment due date and have been charged the above amount,
l(this,IQan is a renewal of an ea~ier loan from us, and this renewal is within 4 months of the date of that ea~ier
lpiln,th:en there will be no'service charge on this loan ff only the unpaid balance of the earlier loan is being'
re.ne"1'~1 Ifsh 'amount in excess of the unpaid balance of that ea~ier loan is being renewed or refinanced, the
.serViceicharge is calculated only upon the amount by which this loan exceeds the unpaid balance of the earlier
loan, '!!~r crediting the unpaid balance of su.ch ea~ier loan with any refund of interest or discount that may have
been alie upon renewal or prepayment.
, n Anytime after yeatts) from the date pf this loan we can, demand the full balance and you will have to pay
ffit. prini:ipal amount of the'loan and all unpaid interest accruel( to the day we make the demand, If we elect to
, exercise this option YOll Will be given written notice of election at least 90 days before .payment in full is due, If you
f;:.i1to pay we will have the'right to eXercise any rights pennitted under the Note, Mqrtg!'Qe or Deed of Trust thai
secures this loan, If we elect to exercise this option, and the Note calls for a prepayment penalty that would be
due, there will, be no prepayment penalty, .
Ifyou:~i1 to m,ake any required payment within 10 days of its due date, we may charge you 1 1/2% per month of
the amc'lunt.pa:st due, but not less than $1,00, '
lWEI m'a,ypostpone or defer, for a number of months equal to the, number of installments in default, the payment of
';lny' ji,fslilllli1eilif in default for 60 days or more on which no. default charge has been collected, or any other
iiristalllrJent W SO requested and agreed, Vou further agree to pay a deferral charge equal to 1 1/2% per month on
'.'the amollnt deferred for th~ period of deferral, but in no event shall the deferral charge be less than $1,00 if the
period oJ defennent is 10 days or more.
if we. agree,v.:!!h you to extend any payment to the,end of the contract, we may charge an extension fee of 1 1/2%
of the unpaid'llrlncipal balance, If any' unpaid balance remains aller maturity of this contract. that entire unpaid
balance will be considered in default' and subject to the 1 1/2% per month default charge on any amounts
remaining unpaid after judgment, you will pay interest at the highest judgment rate pennitted by law, not to exceed
1 1/2% per month, ,i ,
,in the' ,"vent any payment is made by check, draft. or order and said check. draft or ordllr is dishonored by reason
, of ins).lfficient funds in or on deposit with the drawee, the holder hereon may charge a service charge not to
,.iP<cE!li~,$ 20. 00 ,
"iY~tu::~~ye signra this. Note, on the Date of Note in, the presence of the person(s) identifying themselves below as
Wlne,~.
NOTICE: The following NCr~JCE aj:)~lie, if you were referred to us by a seller of consumer goods or services and a substantial portion of the proceeds of this
loan Is used for the p'urchas~,of ~nsumer,i90ods frorn that seller: I .
NOTICE
ANY HOLDER OF THIs CONSUlIIIER CREDIT CONTRACT IS SUBJECT TOiALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COUI.DASSERtAGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBtOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER. . , ,
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DEFAULT,
DEFERRAL
AND '
EXTENSION
CHARG~S:
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BAD CHECK
CHARGE::
SIGl':iAWRE: '
Witness:
LS, ISea/)
COPY RECEIVED:
Witness:
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038,00001 (3-1'99)P~' PENNSYLVANIA CONSUMER DIS I
A
SIGNATURE OF OTHER BORROWER
'(ER~E SIDE FOR ADDITIONAL IMPORTANT TE
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EXHIBIT
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AMER.GEN,qN.
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REBATE
FOR
PREPAYMENT
IN FULL:
TIME OF REPAYMENT:
OELA Y IN
ENFORCEMENT:
ENTIRE BALANCE
OUE ON DEFAULT:
CO-MAKERS:
REQUIRED
INSURANCE;
CREDIT INSURANCE:
CANCe~LAi1ON OF
INSURANCE:
'v
1D:6107671267
JUN 12'00 12:14 No.009 P.Ol
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You may prepPY this loan In pan or in full Alllny timo. "you prepay Ihls 1000n In full, you \)IUI be glv~ II refund of
the uneamed pM 01 the. IlIIance charge (and ",bate of uneamed credlllnsumnce cosls but excluding any prepaid
Fln.ance Charge), This relund will be culollialed acoordlng 10 the Rule 01 781hs, Any relundol les'lhan $1.00 will
nol be made, yoU understand Ihalthcrc wnl be no refund or cradll of Iho prepaid Finance Charge end Ihal such
charge Is fully eamed by ue on Ihe nme 01 Nole.
The first paym~nl8hall be due on Ihe nnla Indlcolod and the following payments shall be due on the same day of
each succeeding monlh 10 and incluning Ihe Finnl Paymenl Due Dale,
W~ may accopt late paym~nt cr pa111a1 "Hymcnls even though mal1led "payment in full", wIlhoUllpslng any of our
rights under this Nole, Wi!: may delay erdorclng any of our rights under this Nole wlthoullosing them. We don't
have 10 nollly you thaI this Nole hasn't boen paid, We may change Ihe lenns 01 payment and release any security
without notlrylng you and Withoul relonslng you from responsibility on this Note,
If you fell to pay the lull amount of any mol1thly 1IlGlollmsnl on tim~, or If you fall to fulfill your obligalJons under any
security agreernenl you have given, you wDl be in default on your loan. If you are in dGfault, we may require,
lollowlng any notice and right to curo rnqulred by law, that you pay the entire unpaid balance of this loan INS a
refund 01 the uneamed pan of the Financo Charge (and rebate 01 Credil insurance costs, ilany). This refund will
bo calculated !lccordlng to the Rille of 781no, We may also ex&IClee our rlghls to the security If any, you heve
glv.en for Ihi. loan as sot forth In IhA security agreement or mortgage. You will also pay us reasonable amounts
panniued by law which we spend tlYing 10 collect what you OWe or tlY'ng to take, foreclose. or 8ellths securily, yOU
wlil also pay our rsasonable anomey's fccs and court cos18lnoludlng any lor toppoals as pennllled by law,
"yOU are signing this Note a& a co-maker, YOll understand that you ere equally responsible with II", borrower,
although we mllY eue either 01 you, We arc nOI required by law to nollly you If this Nots is paid off, We Can also
alter the tsnns 01 payment and ""ease" lion Irorn any security wllhout notifying you,
You ag",e to maintain insurancs agalllSl nil hazards and risks of physical damage on the collalsral eecuring thle
loan (olher than household goods). You agreo to maintain such Insurance tor the tenn of the loan, yoU may
obtain the requlrod Insurance from "ny agel1l or Insurer of your choice, or you may name ue as Ioes payee on any
existing polley YOll own, Unless you provido us with evidence ollhe required Insurance coverage. we may
pUIChase Insurance at your expense to protect our Inte....ts In your collateral, This Insurance may, but need nOl,
protect your Inlsresls, The ooveragc ti10l we purehase may nol pay any claim thaI you make or any claim thaI Is
made againsl you in connection with Ih" collntem,l, You may later cancel any Insurance purohe.sed by us. bulonly
aher providing 0$ with evidence thaI ynu have obtained Insurance a$ required by our agraement, II we purchase
insurance lor Ihe collateral, you will u. responsiblo lor Ule costa ollhat insurance, including Intere$t and any olher
charges wo ",ay impose In conneclion with tho placement of the Insulance, unUI the effective date 01 Ihe
cancellation or explralion 01 the Insurance, Tho costs of the insurance may be added 10 your total outstanding
balance Or obligation, The cosls ollllo Insurance may be more than the COSI 01 Insurance you may be able to
obtain on your own,
If you voluntarily request credll Ine or dlsablllly insurance, you acknowledge disclosure 01 the cost of such
insurance and lIuthorize usta Includo It In Ih. balance payable under Ihe nole and security agreement.
You understand thai credit Insurance (whiCh m"y Include cred" life, oredll disability or credit personal plOperty) Is
not required in connection with this loan and was nOI a lactor In the approval 01 the extension 01 crodit, and thllt
you may oblaln such insurance. n yOU wenl iI, from any person you choose, II you have chosen to obtaln credit
insurance through Lender, then (a) your choice 10 obtain such credit in&urenco through ~ender 1$ indicated on 8
sepaliltely signed Federal Dlselosura Slatomenl, a copy 01 which has boen given to you and (b) the coet of sucll
credit Ineurance Ie Included within Ihe Arnount Financod and Is shown on the ItemlzaUon 01 Amounl Financed,
If nol prohlbiled by law, and Lender purchased ony Insurance lor you which prolects your account or collateral,
you assign ,to US any retumed or uneamo<l insumnce premiums, 001 In excess ollhe unpaid principal balance, to
be applied to the unpaid p~nclplll balanco,
.
O~1 (3-1.1lll) PAA>e2I'UNNSY\. VANIII CONSlJMt.H DISCOUNT COMPANY A(:,
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AMER. GEN., FIN,
ID:6107671267
JUN 06'00
12:21 No.011 P.01
AMERICAN
I GENERAl
FINANCE
8'\}W'
(J Jt dP"".
,1u'
. ance
6S, Hanover St.
P. o. Box 417
Cert"\e, P" 17018...\
<"hcne: 717 .243.00-,
BRANCH ADDRESS STAMP
NOTICE TO CO-SIGNER
You are being asked to guarantee thia debt. Think carefully before you do. If the borrower
doesn't pay the debt, you will have to, Be sure you can afford to pay If you have to, and that
you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay, You may
also have to pay late fees or collecllon costs. which increase this amount.
The creditor can collect this debt from you wilhout first trying to collect from the borrower. The
creditor can use the same collection methuds against you that can be used against the
borrower. such as suing you, garnishing your wages, etc. If this debt is ever in defaull. that
fact may become a part of your credit record,
This Notice Is not thecontractthat makes you liable for the debt.
I have received a copy of this notice.
Date n, In7/~_.__
Account Number --13ill3JlL
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EXHIBIT
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IN TRE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE
Plaintifif
No. 00-3757
vs.
JOSEPH E. YORE AND ELIZABETH W. HARDY:
A/KJ A W ANITA E. HARDY
Defendants
PRAECIPE
Please reinstate the Complaint in the above referenced Civil Action, Case No. 00-3757.
Respectfully Submitted,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
By:
LR4
(Y
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
222 South Market Street, Suite 201
Elizabethtown, P A 17022
(717) 367-1370
1.D.#56304
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SHERIFF'S RETURN - REGULAR
..
t.' CASE NO: 2000-03757 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE
VS
YOHE JOSEPH E ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
YOHE JOSEPH E
the
DEFENDANT
, at 0901:00 HOURS, on the 25th day of September, 2000
at The Flying. oJ-, Harrisburg Pike
CARLISLE, PA 17013
by handing to
JOSEPH YOHE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.10
.00
10.00
.00
31.10
~~1'~.(f
R. Thomas Kline
me this o/~
day of
09/27/2000
G'NGR:;: SM~TH~~
Sworn and Subscribed to before
CO; ~- AD
i.L- (l'Jn"itJ'A. Jf-;
othonotary I
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D!1I!t:i.
SHERIFF'S RETURN - REGULAR
, ~CASE NO: 2000-03757 P
(
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE
VS
YOHE JOSEPH E ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HARDY ELIZABETH W A/K/A HARDY WANITA E
the
DEFENDANT
, at 1025:00 HOURS, on the 25th day of September, 2000
at 294 RUNNING PUMP ROAD
NEWVILLE, PA 17241
by handing to
ELIZABETH W. HARDY
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
7.44
.00
10.00
.00
23.44
So Answers:
r~~
R. Thomas Kline
09/27/2000
GINGRICH SMITH
Sworn and Subscribed to before
By:
~~
D~uty iff
me this '1~ day of
(}~"" A.D
(1lhd€-;. " #
P othonotary