The URL can be used to link to this page

Home My WebLink About00-05627 '-~ ,'; - ." k""":';~' ,~: "",.,;.} ..--"_" ~",_""'~"b',.j':."";';';'~ ,,:,,~o- ~ -", -, :;:"{i:;i;~;~:''-;''[;/:;:''::''- ~~o~,,~,,:S~,,;"_- ,,'-~:_ -" r",,-,~,_ ;,~ ~",+;, '~_~'~:;:;;c~,t~~:;;~I:j;::' -- 'c":::s-;Jl HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 00- SI..<<7 C/U~L/~ GEORGE E. WAGNER 792 Petersburg Road Carlisle, PA 17013 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 defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 KEEFER WOOD ALLEN & RAHAL. LLP Date: August 1, 2000 By: Eugen E. epinsky, Jr. Attorney. .#23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff =. - - , "'.,-,-, > ~",~" -~. -' -. .','"' -'>"""',-'""".".,.,.",,,' ;o.,,~ ,;-<-",,!".o,,"_ '/'2'.,;'" );" ,i,' , _.' ~J.~: ,;;,;--~".,- - "':';~~.:'":i'-J;~..,;;'i.. "i;.,i~~)';~~"'_;"~d;;~-:'"..:~':.,; .:~ ';', '~l~; ~,; "o"i:/',,"1.-~'-'~' :i;f"."'-.:;~';',;',,-,~,'i,:._ ,'_~, ' , .. .~1'51 HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. txJ -5"(,.27 ~ 1..t.vI'^- GEORGE E. WAGNER 792 Petersburg Road Carlisle, PA 17013 Defendant COMPLAINT 1. Plaintiff is Harris Savings Bank, a Pennsylvania state-chartered savings bank, with its principal office at 235 N. Second Street, P.O. Box 1711. Harrisburg, Pennsylvania 17105. 2. Defendant George E. Wagner is an adult individual living and residing at 792 Petersburg Road. Carlisle, Pennsylvania 17013. 3. Defendant, as buyer, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with Brenner Nissan as seller, respecting a 2000 Nissan Frontier4X4 SE, VIN #1N6ED27Y4YC304683. A true and correct copy of the said Pennsylvania Motor Vehicle Installment Sale Contract is attached hereto, made a part hereof and marked Exhibit A. 4. The Contract was subsequently assigned to Plaintiff. 5. Defendant defaulted in his obligations under the Contract. and the Vehicle was repossessed. 6. On April 17. 2000, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $4,257.56. . ',.- ,._,,': .' "' . '-".' '';''''',~ ''"''''''''\'i~",..ci'...~- -..-;;;; _ ~ , "_~,_1 ,".'," :, "'"".CF"",,;;.",.'. .._,..~,.,^,;:",-","-,:o. .. "','-;' :)~_~ _,.;:';',"\;;"'r. ,\,;, F;'~ ):",;,/, ':',:"". :":'/}}{jf~~ 7. Despite Plaintiffs repeated demands, Defendant has failed and refused and continues to fail and refuse to pay the current balance owed to Plaintiff under the Contract. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $4,257.56, together with interest, attorneys' fees and costs of suit. KEEFER WOOD ALLEN & RAHAL. LLP. Date: AUgu:-l. 2000 By: epinsky, Jr. Atto . No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- "I '"' , ,v"l o"~ . " '-':;~ VFRIFIr:ATIOI\l 1. (S)He is LlS:.o.... A. AIII1f.J.h , hereby verifies and states that: A V (J of Harris Savings Bank, Plaintiff herein; The undersigned 2. (5 )He Is authoriZed to m..ke this Verlficatlol'l on ita behalf; 3. The facts set forth In the foregoing Complaint are tNe and correct to the best of (her)hls knowledge, Information and belief; and 4. (S)He Is aware thai false stalemenla herein are made subject to the penalties of 18 Pa. C.S. 5 4904. relating to unsworn falsification to authorities. j~ If 1{uW--- Daled: tluj!Lll.:l I .2000 H.lln..~.. 1.1,)1;', Wlllll .:l11li; (,"'.II~Il(I-I('I, Uoletl "'kIY -'Ifl-h qq A~NUAl , PERCENTAGE RATE The cost of your credit as ayearJyrate. !\mount Financed The amount of credit provided 10 you or on your behalf. To\,( of Payments The amounlyou will have paid after you have made all sclleduled payments, FINANCE CHARGE Thedollaramounlthe credit will cosl you. 8.49 % $ 29873.40 $ 24192.:35 YoU/?aymentSchedule will be: No. of Payments Amount of Paymepts o $ 497. 89 $ 000 llA).:j L. I To\al Sale Price The total cost of your purchase on credit, includingyourdownpayment or$ 55.00 $ 9 Security: You ar~ giviflg a, security, intere,s! in the mot?rvehiCle b~ing purchased, "'., , J , . ,,"', Prepayment: 11 you pay off early, you wi\\ not hll\!e to pay 1I penalty. When PaymenlsAre Due . Monthly, beginning JUL 4 t h Filing Fees: $ .00 " I,'~.! ' Late Charge: II a payment is late, you will be charged 2% ollhe portion of the payment which is late for eat:h month, or pa~ of a mo~th greater than 10 days, that it,remains unpaiq, \ ,-,I ' ' See below and any other Contract documents for any addilionallnformation about nonpayment, default any required repayment in full before the scheduled date.and 'prepa~ment refunds and penalties. ' " ., "...' emeans.eslill1ate SECURITY AGREEMENT: To secure the payment of all sums due and'the performance 01 all reQuired oblis:ations under this Contract, y'ou give a security interest in the Vehicle, in all parts (called accessions") attached to the Vehicle at any lalertime,,,nd in any proceeds of the Vehicle, including insurance proceeds. The Assignee mayset.ofany amounts due and unpaid under tllis Contract agamst any of your money on deposit Wml Assignee, Tllis includes any money which is now or may in the future be deposIted with Assignee by you, Assifinee may do Ihls wilhout any prior no!iceto you. ADO TIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE FRONT AND REVERSE SID,S. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOU GAl~H~W III this Contract BRENNER N I SSAN ~ee ~~LLER. 5271 CARLISLE PIKE MECHANICSBURG PA 17055 Name Address You are GEORGE E WAGNER Ihe BUYER(S). 792 PETERSBURG RD CARLISLE PA 17013 Name{s) Address(es) ZillCode ZipCode(s) 11 them is more than one Buyer, each promises, separn\e!y and together, to pay all sums due us and to perform all agreements in this Contrat:!. TRAOE.IN: You have traded in ' . , Ih,following"hi,l" 1991 TOYOTA TRUCK 7800.00 7782.00 lB. 00 , ' ',' '" ' Yearan~.Make" ",,-'.) ."', ",,:Dest:ription .. ,. , If a baiance is still owing on"th~ vehicle you have traded'in; the Seller will pay oflthis amount on your behalf. You warrant and represent to us that any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "Lien Payoff." PROPERTY 'NSURIU~Ct: You may choose the person \hmugh whom insurance is obtained against loss or damage to the Vehicle and against liabilityarisingoutofuseorownershipoftheVehicle.lnthisContract, you are promising to insure Ihe Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credillife Insurance and Credit Disability Insurance are nol required to obtain credit, and will nol be provided unless you sign below and agree to pay the addllionaf cost(s), Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the revelse side. 'lour insurance certificate or pollcy will tell you the MMIMUM amount of insurance a\!ailable, All insuTance purchased will be for the term of the credi{. By signing, you selecl Single Credit Ufe Insurance, What is your wllichcosts$'_~., ,a~e?,~Y~s By signing, you select Single Credit Accident & Health IOSllrance, which costs $ t-J/P Whal IS your ,a'l.e?~'(e&s ,,'., 'J SignatureofBuyerlobeinsuredlorSingleCrediIUlelnsuranc\l"" Signature of Buyer 10 be insured for Single Credil Accident & HealthJnsur ance BY'1oilining,Y{\\lbothselectNint Credit Ufe Insllrance, which cosls $ N/A Wl1a\are your ages? Bysi'l.mng,YOllb<lth~\actJ\lintCfedit What are Percentage Accident & Health Insurance, which costs $ -tlLA your ages? to be insured L L ~ ,,,',.., % fXI '1 ";; :' . % '. :;; ...... .~ '1'1 15 .s 2. _ Signaturesofb~th Buyers to be insured for Joint Credit Ufe Insurance , Signalures of both Buyers to be insured forJoinl CreditAccident& Heallh Insurance "';' Insurer. VEHICLE: You have agreed to purchase, under the terms,o~ this Contract, the following motor vehicle and its extra eQuipment, which is called the "VehicleK in this Contract ., 'J IlL!! s.rw~ YoJuiru!Mlli 2000 NISSA FRONTI 4X4 SE Soli<>. ~,\Jlli !!2.M. ' Irl!d!l2n~ NEW IN6ED27Y4YC304683 ' EQuipped: _'A.T,_~P:s.'~ ....:....AM.FMSlereo _5~pd, ',Other with A.C. P,W, AM-FM Tape Vinyl Top ASSIGNEE: We may assign this Contract and Security, Agreement' to ,a sales. finance company which is the ,-Assignee." If the' Assignee assigns the Contract to a subsequent assignee, the term also refersto'such subsequent assignee. Aflerthe assignment all righisand benefiisofthe SeUer in this Contract and in t~e Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will nolify you when and if Sl!lIer makes an assignment. HARRIS SAVINGS BANK, 235 North Second Street, Harrisburg, Pennsylvania 17105 , " , , I, oJ; . , , , , ;;': ~ i ,:, ' , '! : ..:. \. " ': I'. ' ,', '! '"' i' CO-SIGNER: Any person signing the Co-Sjg~er's ,Agreement belo,,! promises separately alJ,d together wi~ al,l; ~'$,ign,er.(f),aQ.~ ~uY,l!r(~), ~ .p~yi aU su.m~.q~~ ~~d to pe,nOr~},1!1agre~l1le~~ m,~hl~ "g?_n'~a~lCo;"S~!LwJ.II}lo'tbe sT\ ~ner,of, the Ve~Ic,J~:,.' ^~,~ .,: .'.~' .:;::I;~.l.; ':J':~::" ~':: , CO-OWNER: Any person signing the Co-Owner's Security Agreemenl below gives us a security interest in the Vehicle and"agrees separately and together with all Co-Owner{s} and Buyer(s}, to perform all agre.ements in the Security Agreement and all other parts of this Contract ex.ceptt,he ~PromisetoPaynsection.: ' , . '.. " TERMS: The terms shown in the boxes above are part of this Contract. PROMISE TO PAY: You agree to pay us the Total Sale Price lor the Vehicle by making the Cash Downpayment and assigning the Trade.ln, if shown above, on or before the date of this Contrac~ and paying us the Amount Financed plus interest You promise to make payments in.accordance with the Payment Schedule, You promise 10 make payments on or belare the same day ot each month as the first payment due date. You agrBil to pay all other amounts which may become due under the terms of this Coniracl You agree to pay the Seller or Assignee cosls 01 suit. You also agree to pay reasonable altorneys' fe!!s if Seller or Assignee hires an attorney to coU ect amounts due under this Contract or to protector get possession of the VehicJe, Youagreelomakepaymenlsattheplaceorto send payment totheaddrl':S'1o whlchthe Assignee most recently specil~ in \hewrltten no\ice \0 you. By signing below, we agree 10 sell the Vehicle to you under the terms of this ContracL BRENNER NISSAN IF YOU 00 NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSETHE' MOTOR VEHICLE AND PROPERTY THAT'YOU BOUGHT WITH THIS CONTRACT, AND/OR . MONEY ON O,POSIT WITH THE ASSIGN.EE. This Co'ntract is between Seller and Buyer. All disclosures have been 'made by Seller, Seller intends to assign this Contract to lhe Assignee. Itemization of Amount Financed Cash Price , $ 23259.00 ,Cas~ DownpaymenL ,: '1 ,. "$. '.37"00 Trade-In Value of Trade-I1IB.00 $ lien Payofftll:<:;l::j 171171 $ Unpaid CIl>n20:4 ~OOce $ To Credit InsU(ftl)tplCompany ~ $ 1j" ,~ ~ To Public Officials for: License, T<m~~Begist~ation ~ $ ;': ~ Lienfee 5.00' $ To "'"'~'" $ 0 F ,To", ,":~'ltl7l ',~I7l'''h>.. $ .PA T RT To: C:;'17l17l $' L ~ ~ To AX qlil::l' 'liJ. Amount ljl\81!9t. 3'5 ' $ Finance CiJ.g(l@l. 04 $" ,Tota]of~1l)l!f.~Balancel $ PaymenlSchedule-You agree 10 pay to us the Amount financed plus interest in 59 497.B9 Ilaymsntsof$ ,each"andailinalpaY!ll,enl..o.f, , , .i', '~91"e9'~' " "", ~ ""''''.-' $I']T 11\;) !V-l?'lfIIOI"';'''''I(The6rs.t1! '~~entvtlll,be'due:~;',t-1qJ.: "4th" '99 '. .", ,and'thenpayments will be'due'onIhatsame day of eschmCII1th following. BY: " , 12'0/99 SElLER Date OS/20/99 . (SEAL) Date ISEAl) Date ,j' ULD READ ,THE NOTICE'TO CO-SIGNER, WHICH HAS BEEN GIVEN :TO ,YOU ON.A :SEPA-RATE DOCUMENT, BEFORE SIGNING.THE CO-SI NER'S AGREE~EN.T.,. " ." ",.," I ,; ,;,:. ' ' .' CO~SIGNER'S AGREEMENT~ You, the person (or persons) signing below as "Co-Signer:' promise to pay to, us alLsums due on Ihis Contracl and 10 perform all agreements in Ihis Contract. You inlend 10 be legally bound by all the terms of lhis Conlract, separately and logether, with the Buyer. You are making this promise 10 induce us 10 make Ihis Contracl with the Buyer, even though we willllse the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made ally prior'demand for payment on t~e Buyer or exercised our secllrity interest. You also acknowledge receiving a comple~ed c~py of this Contract. (SEAL) Co-Signer'sSignature Address (SEAL) Co-Signer's Signat.ure Address Date Date ,'. "1'1<": CO-OWNER'S SECURITY AGREEMENT: You, the'p~rson signing below as "Co-Owner,"logelher with the Buyer or otherwise being all of the Owners of.lhe Vehicle, give us a SecurilY Interest in the V,ehicle'identified above; You 'agree to be bound by the terms of the Security Agreement and all other parts of this Contract excepl'the "Promise To Pay" section, You arc giving US Ih~ security interest to induce us to make this Contract wituthe Buyer, and to ~curethe payment by the Buyer of all S\1ms due on Ihis Contract. You will nol be responsible for any deficiency which mighl be due after repossession and sale orthe Vehicle. (SEAL) Co-Owner's Signature Address Date BYl~h~.O-SIGNER AND CO.OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT.OF A COMPLETED. COPY OF THISCONTRACT A~'iEO[S~. . '!~!f'l'~ur~ -.,~ ^~~ III /r~' /// p, '-'J 0""". '"' "- .~~,...~.- "~....",~,"'~ 'L"''''-' ,,,.1.1 """""1\)1,.,) !OI<, ~~~ '\r 1. HOW THE TOTAL OF PAYMENTS f:S C6M~~..(tD; The Total of Paym~nls is the sUf'!l of the money advanced as we alone may specify: (iLJmmediately on d~nand, or (iil alo~~' ~? Amount financed and the Finance Char~e, The Finance Charee consists solely of mterest monthly payments. If we choose (0 allow you to repay the money advanced alorlt"'..",', }v..." computed daily on 'the outstanding balance ot the Amount Fin.anced. The Firyance ~harge monthly payments, we can choose the amount ollhese Dayme~ls and how long ~ou have \0 sllown 011 the front side has been computed on the assumplion that we 1'1111 receive all repay. If any oj our rights stated in this DMagraph are no~ permitted by law, ~e stili have the payments on their scheduled due dates, other righls mentioned, Our payments on your behalf Will not cure your failure to perform 2. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding youI promises in thiS Contrac!. balance subject to interest on each day of the loan term,lhe daily interest rate IS equal to the 12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co.Qwller, ~r any .one Annual Percentage Rate divided by the number ot days in that calend~r year. ~uyer ~~rees of them, You will be in "Oefault" of llle Contract If any one'or more of the followlllg thmgs that because interest is calculated on a daily basis, late payments wrU resull III additional happen: ~ :: ' interest (and, if applicable, a late charge). Early payments will resull i~ less interest being 3. You do not make any payment on or before it is due; or. cnarged. Etrly and/or late ?ayments '11m cause tile amoont <II tl\e linal ?aymenl tel change. b. YOII do not keep any pl()fIlise you mMle in this Con\r~t; or ~~' ',~_.. 3, LATE CHARGE: Buyer agrees to pay a late charge for any payment not made witllin 10 c. You do not keep any promise you made in another COlllrac!, Note, Loan or Agreement days after Its due date, The late charge will be 2% per month on the unpaid amount of the with Seller or AsSIgnee; or . .. _ payment. We will consider any pari of a month in excess ~f 10 days 1,0 be a full monlh. The d. You made any untrue stalement in the credltapphcallon for this Conlract or late charge wlll be due when earned, No late ~harge Will ?e due If the rea.son that the e. You commitled any forgery in connection with this Contract; or payment is late is because, aflerdelaul!, the enllre outstandmg b~lance.on Ihls Contrllctls I, You die, are convicted ofa crime involving fraud ordishonesty,or are found byacourl due, No late charge will be due if the only reason that the payment IS late IS becauseofa late wilh jurisdiction to do so to be incapacitaled; or , charge assessed on an earlier payment. g, You file bankruptcy or insolvency proceedings, or anyone flies bankruptcy or 4, APPLICATION OF PAYMENTS: We will apply payments in the lollowing order of priority: ins~.ve~~~ r:~~~~~i~~hfc~:i~~~~~; ~e Uniled Slates or Canada willlOut our written consent first to interest; and then to late charges, fees, prinCipal and any olheramounts you owe In or ., . theorderthatwechoose. i. You USe the Vehicle or allow someone else to use it ill a way that causes It not to be ~5, PREPAYMENT: You may prepay, in full or In parl,.lhe amount owed on Ihis C?n!ract at any r covered by YDurinsurance; or ",' ."., "., ." '.' . ' time without penally. If you prepay the CMtract HI pari, you agree t~ contrnue to ,mak,e j, 'fou do something Ulat causes 'he Vehicle '0 be sUbject to conll&.atloo by govemmllnt regularly scheduled payments unlil you pay al! amounts due under thiS Contract ThiS will authorities; or . ';'. '. reduce the number of payments you will make. k, The Vehicle is lost, slolell, destroyed or damaged beyond economical repair, and not 6, WAIVERS. fixed or found within a reasonable time; or . a. WAIVER BY SELLER.AND ASSIGNEE: We and Assignee waive the .right to treat any I. Al\Other creclitm tdes to lake tl1.e Vehicle'o, your money on deposit-with Assignee by property as security for the repayment of this Contract, except for t he Vehicle and theolher legal process. securlly specifically mentiolled in this Contract. ONTRACT If . Def II f Ih. b. WAIVERS BY BUYER, CO.SIGNER AND CO-OWNER: You agree to make all paymen~ on 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS C : you are In au 0 IS or before they are due without our having to ask.' If .you don'!, we may enforce. our nghts Contrac!, we may enforce our rights according to law, We may also do the things specifically 'Illthout notllylng you In advance. '(IlU give up any nght YllU ma1 have to Teq~lre that.'Il'C moclltilmed ill t~is Clln1fllct We ffi'i>1 dll ooe of these tl\in~ and at the same time at later do enforce our rights against some olher person or properly before we enforce our tights agamst another. Some of the things we may do are the following: you, You agree Ihat we may give up our rights against some other person. but n~t ag~inst you. a, ACCElERATION: We can demand that you pay 10 us the entire unpaid balance owing You waive due diligence in collection and all defenses based on suretyship and lmpalfment of on the Contract and all unpaid Finance Charges and other money due. You agree that you will collateral or securily. pay this money to us In one single payment immediately upon receiving our demand. 7, INTEREST AfTER MATURITY ANO JUDGMENT: Interest at the rate provided in this b, REPOSSESSION: We can repossess the Vehicle, unless prohibited b~ !aw, We can ~o Contract shall contillue to accrue on the unpaid balance until paid in fulI,even after maturity this ourselves, have a qualified persondoitforus,orhaveagovernmentofflclal(~yreplevmJ and/or after we get a judgment against you for the amounts dUe, This will apply even if the do it for us. You agree thai we can peaceably come on to your property to do thIS. We may maturity occurs because of acceleration. If at any time interest ~s provided for in this take any olher things found in the Vehicle, but will return these things to y~~ if yo~ as~. I.f you paragraph is not permitted by law, interest shall accrue at tile highest rate allowed by want these Ihings back, you agree to ask us in a letter sent to us by ce~liled mall witllln 24 applicable law beginning at that lime. hours. If you do nolsend us this letter, you give up any claim to these lhlllgs. You agree that we may use your license plates In repossessing the Vehicle and taking iI to a place for storage. 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other c, VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably than us to obtain a security Interest or other rights in the Vehicle. You wm pay all filing fees con-renlent place. YouagJeetogivellS the Vehicle if'lle ask. necessary for us to oblain alld maintain our security interest ill the Vehicle, You will assist us d, DElAY IN ENFORCEMENT: We can delay enforcing our rights under this Contracl in havingoursecurityi~terestnotedonthe.CertilicateofT.itletothe.Vehicle, You ~iII.notsell wlthoutlosin,anyr;,h~. or give away the Vehicle, If someolle puts a lien on the VehIcle, you Will pay the obligation and cfearthe lien. 14, SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess 9, YOUR PROMISES ABOUT THE VEHICLE: You will keep the VehIcle ill good condillon and without using a government official {by replevin): repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining a, NOTICE: We will send you a Notice of Repossession to your last address we know about. the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which This Notice 'Ililltell you how to buy back (redeem) the Vehicle, You will NOT have the right to will reduce its value;' other than for normal wear and use. You will not use the Vehicle for reinstate the C1lntract. This means you will have to pay the tolal balallce on the Contract and meg...1 p\l-l"pQS'Cs or fOT hirB l)\" lease. You 'Ili\\ oot rnGV~ tl\e lJclIide ~t<lm ~our addre~s ~l\Qwn ~ ~thocr arnmmts due. You m...y oot get tl\e Vel\icle back by paying rlelinquent instaltments. This the front of this Contract to a new permanent place of garaglllg WIthout notlfymg us m Notice will tell you olherinformation required by law. advance, b, REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, the mailing of the Notice and at any later time before we sell the Vehicle, If you do not tl\elt and collision UJltil all sums due us are ?aid in tulL The Insurance COlleragoc must be redeem, you give up all claim to the Vehicle, satisfactory to us and protect your interests and our interests at the time of any insured loss, c. SALE: If you don't redeem, we will sellihe Vehicle. The money received at sale will be The insurance must name us as "loss-payee" on the policy. The insurance must be written by used to pay costs and expenses you owe, alld then to pay the amount you owe on the an insurance companyqualifled.to do business in Pennsylvania a nd licensed to sell Insurance Contract in the state where the Vehicle is permanently garaged. The insurance policy must provide us d. SURPLUS OR DEFICIENCY: If there Is money left, we will pay it to the Buyer, II there is with at leasll0 days' prior written notice of any cancellation or. reduction in coverage. On not enough money from the sale to pay what you owe, Buyer and C1l-Signer agree to pay what request, you shall deJiverthe policy or other evidence of Insurance coverage to us, In the is still owed to us, event of any loss or damage to t~e Vehicle, you will immediatelY nolify us in writing and file a e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for proof of loss wilh the insurer. We may file a proof of loss on your behalf if you fail or refuse to sale and selling the Vehicle as may be allowed by law, These costs will only be due it d~ SIl. We may enoorse yoot name to any check, dra.ft ~( otl\er insl.f\lment we r~e\ve in 1. Default exceeds fifteen (15) days at the time 01 repossession; paymellt of an insured loss or return insurance 'premiums.' We may apply any insurance 2. The amount of costs are actual; necessary and reasonable; and , proceeds we receive to repair or replace the Vehicle if, in our oplnioll, it is economically 3. We can prove the costs were paid. ' feasible alld you are not then In default under this Contract:Othel)'/lse, we will apply the insurance proceeds to reduce'the unpaid balance due us. .', , , ' 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall 11. OUR RIGHTS IF YOU BREAK'YOUR PROMISES ABOUT THE SECURITY INTEREST, be enforceable against your heirs and personal representatives of your estate, VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or 16, GOVERNinG LAW: This Contract is 10 be interpreled according to the law of Pennsylvania. the costs necessary to keep the Vehicle in good condition and repair, we may advance any 17. SEVERABILITY OF PROVISIONS: If far any,reason any part of this Contract shall become money you promised to pay. If you fail to keep your promises about required insurance, we illegal, void or unenlorteable. that part shall not be a part of this Coniract. may advance money to. obtain insurance to cover loss or damage to the Vehicle. We have the , choice of whether or not to advance any money for these purposes, Such insurance will be 18. ASSIGNMENT BY BUYER:' Buyer shall not assign this Contract. limited to an amount not greater than you owe on this Contract. THE INSURANCE WE 19, THERE ARE NO WARRANlIES BY SELLER. EXPRESSED OR IMPlIED, INCLUDING THE PURCHASE MAY BE SIGNlflCAIITLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE WARRANTIES Of MERCHANTABIlITY AND flTN,SS fOR A PARTICULAR PURPOSE. THAN INSURANCE YOU COULD PURCHASE YOURSElf. . UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SEllER We will add any money we advance on your behalf to the balance on which we impose ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay th.e THIS CONTRACT. r.' ./ , Buyer's Guide Window Slicker. If the Car whicj1 is described on the face of this Contract has a Buyer's Guide Window Stickerrequired by the .federal 'Trade Commission Used Car Trade Regulation Rule;the following,notice,applies: . . " .',:, ':, ,,':;': ... .': ., "'"1'1 " , ,~~~;[~fr~r:r~~fs'l:n~ui~~h~~ot~t~~~:O~lf:~~,mJ~J ~~~i~ :~e~,i~.le is part .of. t~,~,~ ~ontr'~~~:;,<~~t!~f!T'~!~~~~' .~~. t~~ :~:i~,~~y!. !er~:.~~~;!i~,:~~ ~~I~! 'NOTICE-ANY HOWER OF THIS CONSUMER1CREDIT CONTRACT IS SUBJECT TD ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SEllER OF GOODS DR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BVTHE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) of this Contract herebY take(s),notice'that Group Credit life Insurance coverage or Group Credit Accident and Disability.lnsurance coverage will be applicable to this Contract if,so marked on the front of this Contract and each such type of coverage wifi be wrillel1 by the insur~nce company named, This insurance, subject to,acceptance by the insurer, covers only the' person or penonsslgning'tI1e reque~tforsuch insurance. The amount 01 charge isindicat!!d foreacn type of Credit Insurance to be purchased, The,term of insllrallce will commence as of the date the, indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness, Subject to acceptance by the insurer and within 30 days, there will be delivered.to the insured debtor(s) a'cerlificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund 01 insurance charges wiJI be made when due: ' ; , NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION, THE PROVISION BELOW IS NOT PART O.F.TH~,P,ENNSYlVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. " ~,i!"{"';~,i r',,~l\fi::'" ',,,:AS,SIGNMENT To induce you, the "Assignee" identified on tbe face of this Contract or as follow s, ' ' " , ',' (Name) to purchase' the within Contract, the Sellel-heieby-warrantS and Jepresents, and continues to waf/ant and represent that: the sale has been made in strict conformity with all applicable federal, slate and local laws and regulations, in~luding, but nollimited to,\Arlicle"2 of Ihe Pennsylvania Uniform Commercial Code (13 Pa, C.S.A ~~21Ol'et seq); our title to the Contract and the Vehicle covered therebY is absolute, free ofall liens, encumbrances and securilyinlerests, and issubj ect only to the rights of the Buyer as set forth therein; the Contrac tisgenuine,the signatures thereon are not forgeries, arose lrom the sale of the Vehicle therein described,and all parties thereto are offuJl age a nd had capacity to contract; the description of the Vehicle and extra equipment is complete and correc~ the cash downpayment and/or trade.in allowance were actually received and no part thereof consisted'of notes, post-daled checks, other credit advanced by us to Buyer or rebates or similar pa,yments from us 10 the Buyer (however manufacturer rebates may constitute all or a pari of Ihe downpayment}; aU warranties and slatements therein are true; there is owing thereon the Amount finance'd plus interest at the Annual Percentage Rate of the Contract set forth therein;'we,are duly licensed under the Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth.in-lending Act and with any other iedeul OJ state law, Tille ollegulatlon applicable \0 this Contract; a motor vehicle We certificate Showing a lien or encu,mbrance in favor of Assignee has been or will be appned for promptly; the registration of the Vehicle has not been suspended and the Seller knows of no facts which may result in the suspension of said, registration under the Pennsylvania Motor Vehicle Financidl Responsibility Act; the Buyer(s) named in the within Contract is (are) persollally known to the Seller to be the same identical ,person{s) whose signature(s) is {are} affixed to this Contract; and Seller has no knOWledge of facts impairing the validity or value of the Contract. If any such warranties or representalionsshould be breached alanylime,SelJershall repurchase said Contract j{om Assignee, on demand, and will pay therefor, in cas\), the am~ullt o'lllng theleon, wmpu\ed as set 10rth below, and said remedy shall be cumulalive and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seller. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion,eilheroral or wrillen, Ihat the Vehicle is defective, not as represented to the Buyer by SeJier, orlhat Seller refuses to honor any warranty or service agreement of Seller or manufacturer, Seller agrees that, on being advised by Assignee 01 such claim of Buyer, Seller will repurchase the Contract from Assignee and pay Assignee for same , immediately in accordance with the repurchase terms set forth below, and Seller lurt!:lec agroces to !:Iold Assignee l\armless lrom any other claims 01 Buyer, including attorneys' iees, costs and expenses incurred in defending against claims asserted by Buyer and including claims for refund of payments made by Buyer to Assignee, If the Seller contra cis to purchase' property insurance on behall 01 the Buyer, and that insurance is cancelled by the insurance company prior 10 its scheduled expiration dale, Seller will attempt to place comparable coverage with another insurance company on behalf of the Buyer. If Seller is unable to do so, Seller will notify Buyer and pay to Buyer any additional costs incurred by the Buyer In obtailling replacement Insurance for the 'unexpIred period 01 lhe original insurance pollcy. BydeliveringthisCont ractto lhe Assignee and accepting payment for it, Sellerau.thorizlls the Assignee to complete 01 correct the identification (If the Assignee in this Assignment to lellecllhe true Assignee who purchased this Conlrac!, and/or to Sign Seller's name to this Assignmenl, without recourse, if the Assignment has been delivered willlout Seller's si gnature, In the event that Seller is required by IhisAssignmentto repurch asetheConlractand/orVehicle,SeUershallpaytoAssignee,incash,thefull unpaid balance of the Contract as of the date of repurchase, plusany.then earned Finance Charge and any and aU costs and expenses paid or incurred by Asiignee in respect thereto, inCluding reasonable aUorneys' fees, in conne~\lon,with.claims by or against any Buyer, Owner or persons in possession 01 the Vehicle and/or by Of against Seller. '.....' . For value received, Seller hereby sells, assigns and transfers unto the Assignee, ils.successorsand assigns, the wlthin Contrac!, alf moneys due and to become due thereunder, and all right, tille and interesl in and to tile Vehicle therein described, wilh full power in the Assignee in its or our name 10 lake such legal or other action which we might have taken save for this Assignment Unles.s Selier marks either of the elldorsemenls below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assilmment shall. except for the orovisions of Ihr npP''''-'t'''''''''''''='~''''''''_'''l''''mm_'_'''''''''''""",'""""",''".,~,"",_"=,~",,,,,,,,_~,~=,~~~~ ~, ~",,",< - ---,- ; '~'__', '-: ','" '1." "- ~ . -"-'O'"'~'''='~'''''''''liiiililf''~'"' ~. ."." ~, -, ~~'" =..--" ~ " =~ "~d"'" -"",",,~iP" - ~ ~ " ,,, ""Uf' , .. ,.." ~.. 2 ,,-~"'''J ..", '"'<Ii: ~-- ,"'" IW Ii i Ii Ii I: ! ~ (.J '6q '6<l 8 ~ ..l: ~ ~ 0 Cl 0 h h c 0 ,., ~ "" .-.4 . ""(lm b'- d ~ rnrn '- ri~n ~ Z:J:J G",) -<} () Z~ -:-,rn (I).> (Ji ~~-?-t""..:J" ~ -<" 1 ..0 riS ~::i~? ~ I :3 ~~ :~:'J~ ..t:. "V ~ :z:0 =~-: ;1> () CO ~ p:: c: C)" ~ Ul ~ ::0 J \0 -< , . ~. "' "- ,=."" '~I "N ,~ ~, SHERIFF'S RETURN - REGULAR CASE NO: 2000-05627P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS WAGNER GEORGE E STEVEN WHISTLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER GEORGE E the DEFENDANT , at 0018:35 HOURS, on the 23rd day of August , 2000 at 792 PETERSBURG ROAD CARLISLE, PA 17013 by handing to GEORGE WAGNER 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 18.00 3.72 .00 10.00 .00 31.72 So AnS~ #- ~ . .-<f--- ~ R. Thomas Kline 08/24/2000 KEEFER, WOOD, ALLEN & RAHAL Sworn and Subscribed to before BY:~~ ~ Deputy Sheriff me this 7 ~ day of ~~Aj ~ A.D. ~g~=,A~~ . ..~ ~... . ..... L... y" HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. GEORGE E. WAGNER Defendant No. 00-5627 Civil Term PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant by default in the sum of $4,257.56. with interest and costs of suit, for Defendant's failure to answer or otherwise plead to Plaintiff's Complaint. I hereby certify that written notice was given Defendant in accordance with Pa. R.C.P. 237.1 (copy attached). KEEFER, WOOD, ALLEN & RAHAL, LLP By ~ ~,t",kY' J, Attorney I.D. #23702 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8051 Dated: November ,~, 2000. Attorneys for Plaintiff -JC!~ -.;< ....A .... c~ . 0"" ,~_n' -' '_'," - - """.~~ V"" HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 00-5627 civil Term GEORGE E. WAGNER 792 Petersburg Road Carlisle, PA 17013 Defendant IMPORTANT NOTICE TO: GEORGE E. WAGNER DATE OF NOTICE: SEPTEMBER 18. 2000 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING. AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 KEEFER WOOD ALLEN & RAHAL, LLP B, c:~ Eugene . Pepinsky, Jr. Attorney 1.0. No. 23702 210 Walnut Street P.O. Box 11963 Harrisburg. PA 17108-1963 (717) 255-8051 'c'."" "~ '. - ".,', ''''''~' ," 0 ,- ':::llilil:."::;' ~ , " ~~,--",- " ,. '.' , 0 ~ '"' f' [" ...'~ - .- - ,,-,..,.,"" "'.", e, ,., _ ",_ ~_, ',',";;''''ffi'I'''"V,'.''''.. ,.>"" t - po ~ C\ ~ ~ ~ ~ J('- -.-"-", >.'" V',".. "" ,., ,. r"'" -'-'.,,"' 'J:J(J~ ~ ~ g 0- U ~ P-- ~~ ~, " ," " '--.,- " , - ~ ~ o S -C:F~': [!Jh== ...-' - :.or ~?- ,', :~:: ~~-' j> >c:~ - -' .,~,~ , ~-_! ~< :"~.... i~---:I t'cl r..,.:' r~_J .1'::- {n -, .1 c: ',', ,,,L p[ ". ",_;,J,,'u" ,,,-,,,,,,,":;,,-,.t'_.. <,.." - """',:"',.,- .-,' ~,' ,.i"""--,,,"',"-,'" ,~';~, .;-,",,^'\ -' ,'. '. ,', ~_", ';'"'''-'~>'-''-'~'b~,,; __,,-,.;" ~. - 611 HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION-LAW V. GEORGE E. WAGNER Defendant No. 00-5627 Civil Term NOTICE To: GEORGE E. WAGNER You are hereby notified that on November~~, 2000, the following Judgment has been entered against you in the above-captioned case. By default in the sum of $4,257.56, with interest and costs of suit. DATE: November~, 2000 (L-j.; 2 k.~ Prothonotary O/? o/>, P P 7J;Q?h'fY r...-r- Deputy '-- I hereby certify that the name and address of the person(s) to receive this notice is: George E. Wagner 792 Petersburg Road Carlisle, PA 1701~ d Attorney for Plaintiff