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Home My WebLink About00-05629 -", ''1 " ~'i SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-05629 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS HANCOCK ROBERT F JR 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 HANCOCK ROBERT F JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , HANCOCK ROBERT F JR RETURN NOT FOUND AS PER ATTORNEY ON 8/18/00. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 3.10 5.00 10.00 .00 36.10 ~~ R. Thomas Kline Sheriff of Cumberland County KEEFER, WOOD, ALLEN & RAHAL 08/18/2000 Sworn and subscribed to before me this 7!;!: day of ,J;n;-.I.. ..2.fr7rt) A . D . ~~fta~~ --~ ~ .> ^ f " , . .~l 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. 06- S(,.~.y C;u~L~~ ROBERT F. HANCOCK, JR. 1600 Longs Gap 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 Date: AugustL, 2000 KEEFER WOOD ALLEN & RAHAL, LLP ~\~ By: ~ Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 TRUE COpy FROM RECO:R~ lid ill TElStimOny/wnereof, I h6r~ unto Sll~"!~ \ja and the sealolsai\1.. ... ,atcar...1l5c1e, ~, '- ThtA l/~~~~ . ~~~~~ Attorneys for Plaintiff i__ ~ I, - , .- ,," ." .'_. 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. ROBERT F. HANCOCK, JR. 1600 Longs Gap 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 Robert F. Hancock, Jr., is an adult individual living and residing at 1600 Longs Gap Road, Carlisle, Pennsylvania 17013. 3. Defendant, as buyer, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with Kuhns Harnish Ford, Inc., as seller, respecting a 1994 Toyota SR5. VIN #4TARN93P3RZ249340. 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 her obligations under the Contract, and the Vehicle was repossessed. 6. On December 6,1999, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $3.947.45. :'1 --'~' , 0 ~ Jl<&_ 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 $3,947.45, together with interest. attorneys' fees and costs of suit. KEEFER WOOD ALLEN & RAHAL. LLP. Date: August ?, 2000 BY~ Euge . Pepinsky, Jr. Attorney 1.0. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- l.'. ,'I . . r-" "" VFRIFI~ATIOI\4 1. (S)He is LlS:.o.... A. lVly..sh . herebyverifiell Sind states that: A V (J of Harris Savings Bank. Plaintiff herein; The undersigned 2. (5)He Is authorized to m<lke this Verlficatlol'l on ita behalf; 3. The facta set forth In the foregOing Complaint are tNe and correct to the best of (her)hls knowledge, Information and belief; and 4. (S)He Is aware thai false statemenla herein are made subject to the penalties of 18 Pa. C.S. 54904. relating to unsworn falsification to authorities. I~ If'1.UtAJ--- Dated: tluj!Lll.:l I ,2000 "~ '-'''~~~""jIililf j- _.~ .._~ \1-". ,~ ~~ ~-~ ~K"-I-.._____ _~ ,,","".-,~ '-'V.-J \V\Jv~:)o - ANNUAL. fiNANCE Amount financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE lne amount at credil provided The amount you will have paid alter you Thelolal cosl of your purchase on The cosl 01 yourcredil as The dollar amnunllhe 10 you or on your behalf. have made aU scheduled pay:nenls. credit,iflcludingyourdownpaymenl a Yl!arlyrale, credil will cosl you, 01$ NIA 12.99 % $ 3169.90 8529.50 11699.40 $ I $ 11699.40 four Payment Schedule will be: Security: You are giving a securily interesl in the motor vehicle being No,ofPavments AmountofPaymeflts When PaymenlJ;Are Due purChased. ov $ I~q.~~ Monthly, beginning 26 FEB 99 $ N/A Prepayment: II you pay orl earlY, you wilfnol have to paya penalty. filing Fees: $ ~b.OO Lale Charge: If a payment is late, you will be charged 2% ollhe portion of the payment which is lale for each month, or part 01 a month greater IhafllO days, that it remains unpaid, See below and an~ other Contract documents for any additional information aboul nonpayment default, any required repayment in full before the scheduled date and prepayment refundsandpenaJhes. e means eslimate 59 paymenlsoll 194.99 each, and a final payment of I 194.99 .1h.lh" paymenlwillbedueon26 !="EB 99 ' alllHl1tn paymeM'io will be due Ofl Ihat same day of each monlh fG!klwing. SECURITY AGREEMENT: To secure Ibe payment of all sums due and the performance of aU requited obli~at(Qns under ttlis Oonttact, YGU sive a seoJtity intetest in tlte Vehicle, in all parts(calted accessions")altached to the Vehicle al any laler lime and in any proceeds of the Vehicle, including insurance proceeds. The AS'ioignee may set-off any amounts due and unpaid under this Contract agamst any of your money on dep.osil with Assignee. ThiS includes any money which is now or may in fhe future be deposlled wilh Assignee by you, Assi lIeema dothlswilhoutan riornoticeto au. ADO TlONAl TERMS AND CONDfTI NS: THIS CONTRACT CONTINUES ON THE REVERSE SlOE, YOU ARE OBlIGA1EQ 10 All THE TERMS OF \HE CONTRACl WHICH APPEAR ON THE fRONT AND REVERSE SIDES. 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 :~yf::~vk...c- ? 01/13/99 Oate Dale CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNEn, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEI;ORE SIGNlNG THE C04SIGNER'S AGREEMENT_ CO-SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this COlltract and to perform all agrecn1ents in this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer. You an:: making this promisll to imluce us to make this Contract with the Buycr, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made jl.ny prio'r dcmand for paymcnt on lhe Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. In this Conlr~ct weare IheSELLER. KUHNS HARNISH FORD INC 6320 CARLISLE PIKE MECHANICSBURG, PA 17055 N<\lAA Address KuBERT F HANCOCK JR 1600 LONGS GAP RD CARLISLE PA 17013 lip Code You ~re ".BUYER(S), Name's) ZlpCode{s) Address{esl If Ihere is more Ihan one Buyer, each promises, separately and logether, 10 pay all sums due us and 10 perform aU agreements in this Contract. TRAOE-IN: You tlavelraded in thelollowingvel1icle: Year and Make Description 1I a balance is still owing on tlte Ilehitle y{lU halle ttaded tn, tlte set~r wUl pay off tlU'io amount <m Y\lllr behal\. YOll watrant and represent to us thai any trade-in is free from lien, claim, encumbrance llr security interest, except as shown in Ihe Itemization 01 Amount financed as the 'lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance Js obtained agarnslloss or damage 10 Ihe V~hicte and against liabHilY arising oul of use or ownership of the Vehicle, III this Co nlract, you are promising to insure the Vehic]e and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Disability Insurance are not required 10 obtain credit, and will 110\ ~ prtwided unless yoo sign ~\OVl alld agree \0 pay the M1di\mna\ cost\s), Plem {ead tile NOTICE OF PROPOSE!} CREDIT INSUR1\NCE on Ihe reverse side. Your insurance certificate or pOlicy wilt teU you Ihe MAXIMUM amIJunt of insurance avaiJable, All insurance purchased will be for the lerm of the credil. By signing, you select Sing'~7~i1 Life Insurance, What is your By signing. you selecl Single Credit Accident & which costs $ age? _ Years Health Insurance, which costs $ N I A What is your agel_Years Signalure 01 Buyer to be insured for Single Credit Life Insurance SignatllreofBuyertobeinsuredforSingleCredilAccidenl&Heal1hlnsurarrte By signing. you both seleclJointCredil N/A Whalare Percentage Accidenl&Heallhlnsurance,whichcosls$_ your ages? to be insured By siglling, you bolh select Joinl Credit life Insurance, which cosls $ N/A, Whalare youra&es? 1. 1. ~% 2, _2. Si&na\\lre$l){bolhBuyets\ebeimlHedfIltJIlim.{;tedilUfeh\$ulallce S\gI\al.U1tS of bolh I'IUyelS \0 beillsUled fOI Joinl. CreditAccidenl&Healthlllsurance Insurer: VEHiClE: You have agreed to purchase, under the terms of this Contract Ihe following motor vehicle and its extra equipment, which is caffed Ihe "Vehicle~ in this Contract. /lLI.! :llli am! Mill USED 94 TOYOTA 1loJly~ TK 1l2.C1l. 4 lillIil2n~ ~~ 4TARN93P3RZ249340 s.r;" SR5 Equipped _A.T,_P.S. _AM.FMStereo _SSpd. Other with A,C. P.W, _AM-fMTape _Vinyl Top ASSIGNEE: We may assiglllhis Contract and Security Agreemenlto a sale~ finance company which is Ihe ~Assignee,." Jf Ihe Assignee assiglls the Co/llracl to a subsequenl assignee, the term also relersto'suchs ubsequentassignee, After the assignment all righlsand benefitsofthe Seller In this Con\ri\ct and in the SeCUfil.'i' Agreement shi\U betOl'lg to and be. enlorceable hy l\'le Assignee. The Assignee 'flU! notily you 'fI!\en andifSelfermakesanassignmefll. HARRIS SAVINGS BANK. 235 North Second Street, Harrisburg, Pennsylvania 11105 CQ-SlnHER: Any pefson signing tlte Ce--Signef's l\greement beloYllKflmis.es sepuately and tngetMt 'fIilh all eo'Signer{sl and 8uyer{sl, to pay aU sumS d~e and to perlorm all agreements in this Contracl Co-Signer will not be an Owner of the VehicJe. CQ-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a securrty interest in the Vehicle and agrees separately afld logether with all Co.Owner{sl and Buyer(s), to perform all agreements in the SecurilY Agreement and all other parts of this Contract excepllhe ~Promise to Pay.secUon, TERMS: ihe terms shown in the boxes above are part of this Contract PROMiSE" TO PAY: You agree 10 pay us Ihe Total Sale Price for Ihe Vehicle by making the Cash Downpaymtn\ and assignillg the llade.l1l, \1 sllovm atwe, on OJ" be-lole tne datetll Uli'io Conlm\, am! paying US the Amounl Financed plus intelest You promise to make paymenls in accordance wilh Ihe Payment Schedule, You promise to make paymenls on or helore the same day of each month as the tirsl payinent due date. You agree to pay all othe:r amOUll\s which may become dlll': under the 'term 01 thisContracl. You agree to pay the SeJler or Assignee costs of suit. You also agree to pay reasonable allorneys'feeslfSelter or Assignee hires an allorneylo coJl ectamounlsdueunderlhis ConlractorloproleclorgelpossessionollheVebic\e,Youagree\omakepaymen\s a'tlhe place or \1l send payments to Ihe address which the Assignee mostrecenUy specifies i n the written notice myou, By signing be\lWI, we agl~ \~ sell tne Vehicle to you UOO~J tl\e terms fit trns Col'.tnct. SEllER KUHNS HARNISH FORD INC woR..- By;,f){1/YYvnt.(-RJht a H BUYER (SEAL) . If YOU 00 NOT MEET YOUR CONTRACT OBlIGAlIONS. YOU MAY lOSE THE MOTOR VEHICLE ANO PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT. ANO/OR MONEY ON DEPOSIT WITH THE ASSIGNEE, This Contracl is between Seller and Buyer. All disclosures have been made by Seller. Seller intends to assign lhisConlracttothe Assignee. Itemizat~on of Amount Financed CasbPrice I {;nhDowJlilayment I Tude-In Value of Trade.Jn I N/A UenPayoflto; $ Unpaid Cash Price Balance I ToCreditlnsuranceCLlmpany ~ $ ~ l: ToPublicOflicialsfor: :. License,TagsandRegistralion E I i LienFee " I ~ To g $ ~ 10 [)(TCNSCB WARRANT ~ $ 5 To SSC rCC/NOTARY :; $ ~ 10 P^ SALCS TAl( I Amount Financed I Finance Charge I Total of Payments lTime Balance) I. PayrnenIS,heule.Youagreetopay toustheAmounlfiri~ncedplusinlelestjn IsEAiliI/13/99 Date ISEA~ Address Co-Signer's Signature Date (SEAL) Co-SiSncr's SIgnature. Address Date CO-OWNER'8 SECURITY AGREEMENT: You, the person s1&mng below as "Co-ownet," ~ogeUlef wi\h the BIl.YCf or o\herw\~ being aU o{ ~l\e Owners o{ lhe Vdlicle, give us a Security Interesl in the Vehicle identified above. You agree to be bound by the terms of the security Agreement and all other parts of Ihis Contract except the "!'romi$e To Pay" section. You are giving us the security interest to induce us 10 make Ihis Contract with the Buyer, and to secure the paymcnt by the Buyer of all sums due on this Contract. You. will not be responsible (or any deficiency which mIght be due after repossession and sale of the Vehicle. (SEAL) Co-Owllcr's Signalure Addres~ Date BUYER CO-SIGNER AND CO.OWNER; AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT ~THE'TIMEOFSIGNI~ ff ~;7~r7 i'JlIfli:lIlfiflIil~l!iliilIIIIUfli!!ti.U!jilili!i'ili~___ - ~-, ~"~.-= " i= '""'F.. .~~ ~- .- "= ,'V'" ."'L I"".L...., 'h',.,ILIo,w l~ ....vlM ",I.v, ,lie 'Uld' '" r'oJ,,,~i',,,~ l,,~ ,llir, '" ["'. '''~''''J ""V"".",) "...t ~'""L '''''i "I,c\.il)'. 1II'''''''~I.I,,,,d)' "" I.Itl,,~,,\J, "'IIIJ dIUUl" ,\rlh )"lIr moullt financed ,and tile Fman.ce Chalee. lhe Finance Charge conslsls solely 01 mtmst monthly paymenls. II we choose to allow you 10 repay the mOlley advanced along wilh your l'll1puled dally on tbl' outstandlllg balancll 01 the Amount Fmanced, The Financt Cllargll monthly payments, we call choose Ihe. amount of thesll ,.yments and how lon, you h.,. 10 IluWI\ 011\ the {r.onl side has been computed (In the ~S'i.IHl\pttOn that we will Iw:ivll all I' 01 aymllnls on Illelr scheduled due dales. lepay. "any our fighb slaled in thiS paragraph ate nol permilled by law. we sllll have the oUler flghls menlloned, Our paymenls on your behall will not cure your lailure 10 perlolln (COMPU,TING 1.N~1e~ST: We will charge inlerest on a daHy basis onlhe outstanding yourpmmisesmlhisColltract. _ . alance sublect to 1'1l Ion each da~' 01 the loan term. The darly interest rate IS equal to the ]2, DEFAUlT: 1I.llhis .Palagraph "You" means Ihe Buy", Co.Signer and Co.Owner or "'y on. nnual Percentage Nate divided by the number 01 days in that calendar yeu. Buyer agre~s I II Y , lat because (nterest (s calculated on a daily basis, late payments wilt le':.ull In adU\\il.l\lal 0 rem. ou Will be III "Oelal/It" 01 the Conlracl if any olle or more or the following !lung':. Iteresl {and, if apDIJc~bleL,j\late,charge}. Early Daym~n~. wjUI_fGS4ltrin less interesl being ," "'d 'bl '" 'II' .1... ' I Ilarged. Early and/dJllate IMynldnls wdl cause the amou'~~otthe1f~al payment to change. lIa~~~~:o.... -P,'R' make any paymenl'bn oi: tielllr~ it is due; 01 '" ~ .::, b. YOl/donol keep any promise you rnade m this Cunlracl: or ' I. LATE CHArtGE: Buyer agrees to pay a Jate charge ror any paymerll not made wilhin 10 c. You do no~ keep any promise you made in another Contract, Note, Loan or Agreement ays after its d~e date: The lale chalge WIll be 2% per month on the unpaid alllouut of the \'11th Seller or ASSignee; or ' aymen!. We Will conSIder any part of a montll m eXJ:css ot 10 days to be a lull m<lnlh. 1: dYad ,. I lie charge will. be due wilen earned, No lale charge will be due if tile reason tllallhe ,'.\" m e ~ny llnuue s ale~len\ in \lIe.cledi\ application lor\his Contract; or I II b II d I I h I' oj.e:, Yo~.commllleda~yforgerym.con~ectJO,nwllh,.Ihi~rontractor ,",,', dymen is a 6 IS e~ause, a ~r e au t, teen Ire outstanding balance on this Conlrai:8s " 1,: YOLL.dl~, are conVIcted 01 a crime mvolvmg fraud O?di~honesty, or arc founef by a court ue, No Jale charge WJlI be duc If the only reason thai the payment is lat eisbecauseofa'late wllh,Utlsdlc\lonlodosotobeincapacilaled;or .I-\\.n large assessed on an eaflierpaymcnl. Y I g. au II e ba~kruptcy or inSOlvency proceedings, e,~'.anY~fle files bankruplcy or I. APP.lICA.T10N OF PAYMENTS: We will apply ~i1.y~enls illltle toltllvling I'lrder 01 prioli\y; insolvency jlfoceedln\:s agamst you; 01" IV. -' " 151 to mleresf; and then 10 laic charges, lees, pllllclpal and any other alllounls you owe in h, You lake the Vehicle oulside Ihe United Slates or Canada without our written consent. reorderthalVlechoosc. 01 ' '. PREPAYMENT:You may prepay, in full or in part, the amount owed on thisConlraclalany i, You use the Vehicle or allow someone eJse to use it in a way thai causes it not 10. be lITe without p~nalty. If you prep.ay.the Contract in part, yOU agree 10 continue 10 make co~ered by your insur.ance; or. . 'l:ularlv scheduled Ilayments GnU! you pay all amounts due under llll~ Contlact. 1his 'm\! I. You do somethmg that causes lhe Vehicle 10 be subiecl to conliscatioll by government !ducelherllJmbelolpaymenlsyouw,iltmake. autholllres;or., ')\ij' n;;::l"1 H::'I~i:;r"H 2V1HU~ ' WAIVERS .J.' ,. , [ . I' '. ]II" . ' I '.fl' TthQryelucJe IS 1051, stolen, destr,ye1 or daIT\~g~d pey~nd ~!f\orpjcal repair and not a, WAIVER BY SELLER AND ASSIGNEE: We and ~SSignl!;-~w~ive the Irlghl to Vr~af 1~~.r ,likU\J br fduh~ wjthi~ a re~sonable time; or ,I, ., ~, .."., -.., '.' operty as secf.lflty for Ihe repayment of this Contracl except for It.'e Vehil(Je aml.the l\ljler I. Anolher cred.'lor ttles to lake the Vellld~ ,9r Y9ur monet on.t!~PQslt wllh Ass,gnee by 'curilVSllecifically mentioned in this COlltrac!. ' flO't 1'1,'1 !_LI.:.~,;.'l.e,~~lpr9CCSS.(.,;)~~;.~J UOd! ;ll~ A)lI_j!"~I,\j; I 1:'i_;~;:'!1 b. WAIVERS PY BUYER., CO.SIGNER ~ND CO.OWNER: You ~gree to make all paymenls on 13. OUR RIGHTS IF YOU ARE IN DEfAULTOF THIS CONTRACT: 1/ you are in Default oflhis before I~e~ ~re du~ Without our havl~g to ask, ",you dont, we may enforce our rights COlllrad, we may enforce our righls accOl'dmg La law. We may also do lhe Ihings specifically ilhout notlfVlng you. III advance, You gwe up any fight you may have 10 require lhal, \l'e menllOned in this Contract. We may do one 01 these lhings and at the same time or later do llolce our ngh!s against so~e other per~on or pr.operty before we enforce our rights agamst allolher. Seme 01 the Ihings we may do are Ihe following; IU. You agree l~~t we ~ay gIVe ~p our tights agamst some other person, but not against you. a. ACCELERATION: We can demand Ihat you pay to us the entire unpaid balance owing 1U waive due dlll.genc~ Ill~~onecllon.aml an delenSIlS based on suretyshIp and lrIlllalrment 01 on tl1eGunlract and all unpaid Finance Charges <lnd olher money due. You agree ilia( you will l!lateral or s~ut.YUIJ(l \ pay lhl$ money to us In one smgle payment immediately upon leceiving our demand. '. INTEREST AF~ER MATURITY AND JUD~MENT: lnler~sl ~t !lle rate provided in this . b. REPOSS~SSION: W~ ,can repossess tile Vehicle, unless prohibited by law. We can do lIltractshalt CO)ltmue, to accrueon.lhe unpaid balance unhlpald m fuU, even aller maturity fhls.ourseJves, have a qualrfled person do it for us, or have a govelllm entofficial(byreplevin) Idlor alter w~ get a ludgment agamst.you for Ihe amounts due. This will apply even If the do It lor us, You agree thai we can peaceably come on to your property to do Ihis. We OIay atunly oC,curs becau~e 01 acceleration, 1I at any lime interest as provided tor in lllis lake any 01her Ihings found in the Vehicle, but will return lhesethings-lo youl! you ask. 11 you Ifagraph IS O(It pe~mllll!d by ,law, mterest shall accrue at Ille highest rale allol'led by \'Ianllhese lhlllgs back, you agree to ask us in a leUer sent to us by,certified mail within 24 Jp)lcable law begmnrng allhat time, hOl/rs. II you do n~! selld us Ihis letter, you give up any claim to these things. You agree that :. YOUR PROMISE$iABOUT OUR SECURITY INTEREST: You will not permit anyone olher we may use your license plates in repossessing the Vehicle and taking it 10 a place lor slorage. an us to obtai,l a sec~rity interest o.r olher rights i~ the Vehicle. You will pay all, filing fees c, YOLUNTARY DELIVERY:. We can ask'yo~ to give us the Vehicle al a reasonably !cessarylorus,lpo~tamand mamlamoursecLln\ymtereslinthe\lehicle. You will aSSlsl us cQIlvemen\p.lac\!.YQllaglee\l'&lveuslI1eVehlClellweask. having our securily1inlelest noled on the Certificate of Tille 10 the Vehicle. You will not selt ,d. DEl.AY IN ENfORCEMENT: We can delay enforcing our righls under this Contract give away the Vehicle,jf someone puts a lien on the Vehicle, you will pay the obligation and wlthoutlosmg any rights, ~ar Ihe lien. (I(i, ('(Il:, '. . 14, SOME THINGS YOU SHOUlD KNOW If WE REPOSSESS THE VEHICLE: Jf we repossess . YOUR PROMISES ABOUT THE VEHICLE: You wiU keep the Vehicle in good condl,tion and wlthoul usrng a governmenf official (by replevin): pa'lf. You will ~~r ~lllaxes and char~es on \lIe V~hicle. You will pay all .co.s~ 01 mamlainmg , a, NOTICE: We will send you a Notice 01 Repossession to ydg~.12!;l address we know about, e Vehicle. you.,wlBmot abuse the Vehicle or permit anything 10 be .done'tClIh'e Vehiei~ which ThiS Nolice will le!l you h~w 10 buy back (redeem) the Vehicle, You will NOT !lave the right 10 II reduce ItS v~lue, o!her than lor nor~al wear and use, ~OLl wdl no! use tile Vehicle for remslale Ihe Contract. ThiS means you willllave 10 pay Ihe tolal balance on the Contract and 19a1 purposes, ar tor hire or lease, You WIll not move lhe Vehicle !lOm ~our addre~ ~hown ~n oth~r am.ounls due, You may not getlhe Vehicle back by paying delinquent installmenls. This e IlOnl 01 thiS Contract 10 a new permanenl place of garaging wllhoul notlfymg us m Notice wllltell you other inlormation leQuired by law, :nIlC\!, ,)1:', , ,:\:1 .. i\ ~ I,:i, b, ~EI)lMPTlOtt Y.ou lIa11e the righl 100~Y~lback lredeem) the Vehicle within 15 days ot l. YOUR PROMISES ABOUT INSURANCE: You Wilt keep the VehIcle lhsured agamst fire, Ihe mailing of Ule Notice and at any later lime belore we seUthe Vehicle, If you do nul eft and colllsi~~"un.yl aU sums d.ue us are paid i~ lull. The insur~nce cover~ge musl be redeem, you give up all claim 10 the Vehicle, IIsfaclory 10 us and protect your mterests and our mterests at the tllne 01 allY rnsufed loss, c. SALE: If yeu don'l redeem, we will selllhe Vehicle. The money received at sale will be III insulance must name us as "loss-payee" on the policy. The insurance must be wrillen by used to pay costs and expenses you owe, and then 10 pay the amount you owe on the 11lISllfi!once cOII'~!lY qualified to do.hllsiness in l'ennsylvi!ollia i!ond Ilcenwd tl'l sell mSllnnce Contfact. II~~ stat~ whe'l"e't~~ V~N~e ~ pClmanenUy garaged. The !fiSUranCe pol!cy ~ust provide us d, SURPLUS OR DEFICIENCY: I! Ihere is money lefl, we will pay it 10 Ihe Buyer, tltllere is Ih: at,.le~sMO day~\;'prlor IWlltle,n nollce of anr cancettat,lOn or reductron In coverage. On nut enough money lrom the sale to pay what you owe, Buyer and Co.Signer agree to pay what quest, you sh~!l.pe!l!eri,lhe pohcy o~ other ev~de.nce or.IIlSUrall~e cov~rage ,to us, In the is stitt owed 10 us, ent fir aQy1'o.s$, Qr Q~mage W}~e Vehl.cle, you \'It II Immediately notlry u.s III wrll.mg and lile a e. EXPENSES: You agree 10 pay the costs of repossessing, sloring, repairing, pleparinp. lor ol)f ollo~s wlthlthlf.1l1s~rer, we may llle a proof of loss on your be!taU rf you lall or reluse to salaalld semng the Vehicle as may he alklwed by lilw,lhese clJstswilllJlIl~ lledue it . ~ so. We may 8l[j19~)our name to any check, draf.t or other IIlslrumenl we ~ecelve In 1. Oelault exceeds 1Ilteen (15) days allhe time 01 reposseSSion; lyment QJ ~lf-ul~Jl.~e~~oss Qr,!clurn Insurance ~rem.lU~s. ,We m~~ ap~ly. any Illsur.ance 2. The amountol costs are actual, necessary and reasonable' and oceeds"H€re~ll"!ye *.repafr.or replace lbe Veh!cle rf, III our Oplm~lI, 1115 e.conomrcally 3. We can prove the cusfs were paid ' aSlble and yotl.r<!re (lOt thefl m default under thiS Conllacl. OtherWise, we will aplJly the . surance proceeds to reduce the unpaid balance due us. 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: Aller your death, this Contract sllall ~. OUR RIGHT$:iF iYO~.~AREAK .YOUR PRQ~ISE~,,~.O.u1:,mE ~f~lJRf~Y INT~REST, be ellllilceabl~ aga\ns\ yOU! IIClf'S a~1efSo~al TePlese~Wf.,l;s.()1 y~~le3~tr~ r j", ~.' il:t.;.:l.i :HtCLE OR INSURANCE. II you latlto keep your~tomls8S:tb,paj-ffiil\kt~bs,'(axes, hens or 16, GOVERNING LAW: ThiS Contracl r$ to be Illterpreted accordlllg 10 the law or PennsylvanIa. ecoslsnemstHylokeeplheVehic.leingoodcondtlionandrepair,wemay advance any 17 SE E IT . olley you pron~.f(!d. ~ dl~;~1f you fall to keep your promises about required insurance, we .; V RABIL Y Of PROVISIONS, II tor any reason any pa~ or this Contract shalt become ay advance money to obtain insurance to cover loss or damage to the Vehicle, We have the Illegal, VOId or unenlorceable, Ihat part shall nof b~ a, P~lt 01 tlus Conlract. io.ice of wheLher ,or ~~t,t~ ~d,vallce any money for thes~ purpllses. Such insurance \ViII be 18. ASSIGNMENT BY BUYER: Buyer shall nat assign this Contract IIlled I? an ar'llij~nt~rlnf.grdater than you owe on thiS, Contract. 1HE INSURANCE WE 19. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPlIEO INCLUDING THE' JRCHASE MAY BE SIGNifICANTlY MORE EXPENSIVE ANO PIlOVIOE YOU LESS COVERAGE WARRANTIES Of MERCHANTABIlITY AND fITNESS FOR A PARTICULAR PURPOSE IAN INSURANCf YOU COU,LO PUR~HA,SE YOURSElF. UNLESS WE HAVE GIVEN YOU A SEPARATE. WRITTEN WARRANTY OR UNLESS SElLER , will add any money we advanc~ on your behalf to Ihe balance on which we impose ENTERS INTO A SERVICE CONTRACT WITH PUYER WITHIN 90 DAYS fROM THE DATE OF ance Charges at Ihe Annual Percentage Rale ollhis Contract You agree 10 repay the THIS CONTRACT. ,. '.,; yer's Guide Window Sticker. it the Car which is described on the face 01 thIS Contract has a Buyer's Guide Window Sticker required by the Federal ade Com",issionUse~19r Trade Regulation Rule, the fOllowing /lolice applies: : ~<T~ejnfor",alion you see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any cbntrary provisionj.in the contract of sale. " ,. TlCE-ANY HOlOER OI'THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS ANO DEFENSES WHICH THE DEBTOR COULD SERT AGAINST THE SEllER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY REUNDER BY THE DEBTOR SHAll NOT EXCEED AMOUNTS PAlO BY THE DEBTOR HEREUNOER. 'i> NOTICE OF PROPOSEO CREDn INSURANCE lC signer!s) 01 this Ccintr~cl hereby lake(s) notice Ihat Group Credit life Insurance coverage or Group Credit Accident and Disability Insurance coverage wilt be applicable 10 this nlract il so marked on the front oflhls Contract, and each such Iype 01 coverage will be written by the insurance company named, This insurance, subject to acceplance by the UtI!\', covets only the peaonor persons signing the request forSllch insurance, The amount of cllarge is indicated for each type of Credit Insurallce 10 be purchased, The lerm of SU/3nce will cllmmence'as'ol the date the indebtedness is incllrred and will expire on lhe original scheduled maturity date 01 the indebtedness. Subject to acceptance by the insurer ld within 30 days, there will be delivered 10 the insured deblor{sl.a certificate ot insurance more fully describing the insurance, In the event of prepaymenlof the indebtedness, a lund of insurance chaiges will be made when due. . NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART OF THE PENNSYLVANIA MOlORVEHIClE INSTAllMENT SALE CONTRACT BETWEEN THE BUYER AND sum. " " , ASSIGNMENT To induce you, the "A:isignee"idenlilied :In Ihe,laceOi.'thisCorn::acl.oras'lollow~, _ ,. (Name) Illlr~h~se .t~e, wilhin Contract, the Seller hereby warrants and represents, and continues to warranl and represent thaI: the sale ha~ lfe~n Matta iiJ sliic\ ~liriforrtllly'.wl1b'klliilllplicable eral, shftf'and rob~llaws and regulations, including, but noftimited 10, Article 2 of the Pennsylvania Uniform Commercial Code {l3 Pa, C,S.A 992101 et seQ); our title to the COlltracland VehJc!ecovered Ihereby'isabsolule, lree otal1liens, encumbran cesand,securilyinleresls, and is subiect only \0 \he Tighlso1 \t1e Bu yeras'Se\lor\\J\heTein;\neCon\iac\\siellu\ne,\\1e nalures thereon are notforgerles, alOse from the sale oflhe Vehicle therein described, and all par1Jli}\he,~IQ,,'eof lull age and had capacity tocontrac~ the'description of,lhe Vehicle extra equipment is complete and corlect; tile cash downpayment and/or Irade'lIl allowance were actually received and no parllhereof'consisted 01 noles, 'post-dated checks, olher dil advanced DY us 10 Buyer or rebates or similar payments from us 10 Ihe BUYJlr (however manufacturer.rebales may conslilute all or a part 01 the downpaymenl); all warranties and, tements therein are:lrue; there is owing thereon the Amounl Financed plus interest althe Annual Percentage Rate 01 the Contract 'lei forth therein: we are duly licensed under the nSYlvania Molor Vehicle Sales Finance Act and have duly complied wilh allleQullCmen\s \l1mol wi\h tespec\ to the Iran'SacliDll and with the ledenl TlUltl-in-LeTJding Act a.TJd with. any' er federal or slate law, rule or regulation applicable 10 this Contract; a molar vehIcle tiUe certillcale showing a lien or encumbrance mlavor of Assignee has been or will be"applied for rnptly; the reglslration of the Vehicle has not been suspended and the Seller knows of no lacls which may result in the suspension of said regislration'underlhe Pennsylvania Motor ieie Financial Re,ponsibitily Act the Buyer(s) named in the within Contracl is (are) personally known to the Seller to be the same identical person{s) whose signature{sl is (are) affixed his Contract; and Seller has no knowledge of facts impairing thevalidily or value of the Contrac t: Ifanysueh \Varralltiesorrepresentalionsshoul~ be breached at any tirne,_SeUer shaU ufcllase said Contract Irom Assignee, 011 demand, and will pay \helelor, in cash, Ihe amtlunt oWlllg thereon, computed a'i. 'i.et lorth beklw, alld said lemed'l shall be clllllula\we and no\. lusive, and shall not allec! any olher right or remedy that Assignee mi.ght have at law or in equity against Selier, In tile event thaI Buyer fails or reluses 10 make any.paymllnt due cunderon the assertion, either oral or \'Irillen, thai Ihe Vehicle is defective, not as represenled {otlle 8uyer by Sillier, or Ih2t Seller refusts fo honor any warranty orser vlceagreemen! Seller or manu1acturer, Seller agrees Ihal, on being advised by Assignee of such claim el Buyer, Seller will repurchase the Conlract from Assignee and lJay Assignee lor same nediately in accordance with the repurchase lelms sellorlh below, and Seller further agrees to hold Assignee harmless horn any other claims of Buyer, including altorneys' f~es, costs expenses'incllned in delcnding againsl claims asserted by BuyeT and including claims llif felllnd IJI payments mwe by Buyer t'J ~ssigt\~e.lllhe Sellet CQllttacts. to \lufchas.e ptoper\y urance on beh3lflOf the 8uyer, and that insurance is cancelled by,lhe insurance company prior 10 its scheduled expirallon date, Seller will attempt ta IJlace comparable coverage, wilh olher insurance company on behalf ollhe Buyer. If SeHer is unable to do so, SeHer will nobly Buyer and pay to Buyer any additional.costs incuued by the ,Buyer in obtalfling Jlacement insuJance for the unexpiretl period 01 the original in surance policy, By delivering this Conlract 10 Ihe Assignee and acc epting paymenl for it, Setter authorlzeslhe Assignee 10 lplete or correct the identification ollhe Assignee. in this Assignment to rellecl the true Assignee who purchased this Contract, and/or to sign Seller's name to t~is Assicnment, wilhout oUfse,illhe/l.ssignmenthasheendeliveleuw\thDulSellef'ssignll\llIe, , ., . In Ihe event that Sellef is required by this Assignment to lepurchase Ihe Contract and/or Vehicle. Sellef shall pay to Assignee, In cash, the fuU unpaId, balance of lhe Contract as of the Ie of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or incurr~d by Assignee in respect thereto, including reasonable attorneys' fees, III tll\ection with claims by or against allY Buyer, Owner or pmons in, possessioll or t~e Vehicle and/or by or against S~tl~r, for value received, Seller hereby sells, assiglls and ,transfers unto the Assignee, Its successors and assIgns, the wlthlll COnlra1';1. all moneys due a~d to bec~me due thereunder, and a.1I ht Iit)e alld in\l)Iesl in and \0 \Ile Vehicle \\ll!1ein descfIDcd, 'Ili\n lull P\lVlef inlhll fisSlIl.l\ee itllts Ot om Mole to lake such lellal or other action whIch we mIght have taken ~~ve 101 "\is signment. Unless Seller marks either of the endorsements below, tilled "WI1H FUll RECOURSE" (Ir "WITH REPURCHASE," Seller's assiEnment shall, except for the prOvisions 01 the ...",,1,1;"","""" ..'",.,,,,''' li!.ILL , ' iiIi , ~.J...,~~,~ ~ 1Ml Eel ~ rn:nl '~i "~~lliJllllit:.\WJi~i~"'!j~bf"~:~~~i!\1i.\j,!lI;lll:1!;lii~kJMI~ ,- .-j~f'J~;';~\':";:' ".~,il'fj"&'~'~"'''''''''''jlJll'i8li'''-''_ ",-:',1.' 1,lld 1,-.' " .\ n: nl- 51 ~nv '-- .,), :~,. .< ':"HiiO :::;:;:.\:10 ~,..j"'""~~_lr Ilili--~- . ~ . - &e1 ~ Ij;j=\J ~.""''"'', " j" fill 1I I '-I ., I I I I I I I I :1 I . ,.". _... ,___=,__ ~"'_ - . .".<.c_,,~_...., ,"" ~' _. .' <,' ,',." 0.'" 1; -. "." ,_,,", "",fW'''':; .;L .'._' ,'; .;}j," ,'". . ",-,,~,:;'''S;,. ".';"fl;;;;:;~~.{,'~;,'":ji-";;",:;::";'i':,,o "/;~';:;,;;';Li".i:".\c';:-<;"'" cO,,,; ~"":j~:,>:;;~:>~ ',;{::,(>'; ,; '. '~, :..-::i~c~.&l 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 - .s'-~9 CiUlCT~ ROBERT F. HANCOCK, JR. 1600 Longs Gap 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 Date: AugustL, 2000 KEEFER WOOD ALLEN & RAHAL, LLP BY~ Eugene E. epinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg. PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff ; - ,,_-"'" ",~q' """,'-,-, ~Y"'<-li ""4" ."" ,. ,j'~'O.'. ".::__~~~~>-:"L' " :.~-,' ,- .,", -- ~, -' .'- '"~. :"'~"':<-"'-":~~'):"~~ ;'.:,:~..;;.:j>',.:;;'-':,~.:;",;;:, -0'..:~....;;-..~';,;;;~~,~;~>;f;.~:t:r;~.;>;:.; ....;;'''1 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. tJ.p- Sf,.2'1 ~ "'l...e.-- ROBERT F. HANCOCK, JR. 1600 Longs Gap 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 Robert F. Hancock, Jr., is an adult individual living and residing at 1600 Longs Gap Road, Carlisle. Pennsylvania 17013. 3. Defendant, as buyer, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with Kuhns Harnish Ford, Inc., as seller, respecting a 1994 Toyota SR5, VIN #4TARN93P3RZ249340. 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 her obligations under the Contract. and the Vehicle was repossessed. 6. On December 6, 1999, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $3,947.45. -, ~...-~ , 'C,"_' ,:, __',_~ .'. ,,~ J".'_''''''-O: -\. ',.'~'..-;{'- -:",,- ".~<:: ;'-; ,,:fl. 0 " _.,,~y,_, 'j-,;~"":;a;(;-;':;;';":!,,;--, --,' .',.'0, 'e.'," ';,':> ~-,;k:;';"/2':::;:,i:~-',"~,,n~,;: -":'~,?T0~e;~~,'- :.>l'~fg 7. Despite Plaintiff's 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 $3,947.45, together with interest. attorneys' fees and costs of suit. KEEFER WOOD ALLEN & RAHAL. LLP. Date: August '7, 2000 BY.~ Euge . Pepinsky, Jr. Attorney 1.0. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- ""..... ,- I ~. ","" ".,~ VFRIFI~ATIOI\l 1. (S)He is LlS:.o.... A. WlIL(".J. h , hereby verifieund states that: A V (J of Harris SavinQs Bank. Plaintiff herein; The undersigned 2. (5 )He Is authoriZed to m..ke this Verlficatlol'l on illil 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 statemenla herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. jl#.. If I{ UtAJ--- Dated: tluj!Lll.:l I .2000 l;d&iJ:liidJl' = = &!>. ~ , I -. ..- ~- '~""~~" . MOTOR VEHICLE INSTALLMENT SALE CONTRACT. JAN 13 1999 Dated - '-llllK"" "6SS \ 0)CJS:, \3 ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase 011 The cost of tour credit as. lhedollar3mountt~e to youoron your behalL have made a!lscheduled p.aymel\h. credit,il\cludingyaurdownpayment aYllarlyrate. credit will cost you, oil N/A 12.99 % $ 3169.90 8529.50 11699.40 I I I 11699.40 YolJr Payment Schedule will be: Security: You are giving a security interest in, the motor vehicle being NO, of Payments AmountofPaymenls When Paymenn: Are Due purchased, ou I l~q.~~ Monthly, beginning 26 FEB qq I "/A Prepayment: If you pay off early, you will not have to paya penalty. filing fees: $ $5.00 Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid, See below and an~ other COIllract documents for any additional information about nonpayment default, any required repayment in full before the scheduled date and prepayment refl)ndsandpenaltles, emeansestimate In this Contract weare the SELLER, KUHNS HARNISH FORD INC 6320 CARLISLE PIKE MECHANICSBURG, PA 17055 W"" More" KuBERT F HANCOCK JR 1600 LONGS GAP RO CARLISLE PA 17013 Zip Code You are lheBUYER(S). Name(s) Address(es) ZipCode(sl If then.! is more than one Buyer, each promises, separately and together, to pay all sums due us and tll perform all agreements in this Cllntract TRADE-IN: Yol.1 have traded in the foUowing vehicle: .n.,; Year and Make Description If a baJ~nce is still llwlng on the vehicle you have traded in, the Seller will payoff this amount on your behalf. You warrant and represent 10 us that any trade-in is free trGl11Iien, claim, encumbranoo or recutity interest, ey;ce?t as sho'lln in tlw.ltemiz'Iltilm llf "'mount Firlaoced as the "lien Pay\)ft.. : PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against Jiability arising out of use or ownership of the Vehicle. In IhisCon tracl,YllUarepromising'toinsuretheVehicleandkeepitinsured, CREOlf INSURANCE IS NOT REQUIRED: Credit life Insurance and Credit Disability Insurance are not required to obtain credit, and will not be pmvided unless you sign below and agn:e to pay the additional cos\ls), Please fe,ad the NOTICE OF PRO?OSED CREDn INSURANCE on the reverse side, Yllur insurance certificate or pOlicy will tell YllU the MAXIMUM'amount llf insurance available, AU insurance purchased wiJl be lor the term of the credit , By signing, YllU select SingrN~~it We Insurance, What is your By signing, you select Single Credit ACCident & which costs $ age? _ Years He~lth Insurance, which costs $ N I A What is your age?_Years Signalute III Buyer III be insured for Single Credil Ufe Insurance SignatureofBuyerto be insured lllISingleCreditAccident&Health Insurance By ~igning. you both select Jllint ~redit N I A What are Percentage Acadent&Heallhlnsurance,whlcflcosts$_yourages?tobe insured Bysigning,YllubothselectJoint Credil Ufe Insurance, which costs $ N/A, . What are yuurages! L L 2. _ Signatures of both Buyers III be insured lllr Joint Credil Life lnsura nce 2 Signalures 01 both Buyerstll be insured lor Jllint Cledit l\cddent.P. Health Insulance Insurer. VEHIClE: You have agreed to purchase, under the tenns of this Contract the fllllowing motllr vehicle and its extra eQuipment"which is called the "Ve~icle~ in this Contract 1W1 YearMdMill USED 94 TOYOTA' SR5 ~ , Iill..!!tsrM TK 4TARN93P3RZ249340 No.~ 4 I!:!!t!1J.qn~ Serial~ Equipped _A.l_P,S. _AM-FMStereo _5Spd. Other with _A.C._P,W, _AM-FMTape _Vinyl Top ASSIGNEE: We may assign:thls Corltract and SeGurity Agreement to a sales finance company which is the "1\ssignee.~ It Ihe 1\ssignee assigns the Cllntracttll a subsequent assignee, the term alsll refers to' such subsequent assignee. After lhe assignment aU rights and benefits 01 the Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the AssIgnee, The Assignee will notify you when and if SIlUer makes an assignment HARRIS SAVINGS BANK, 235 North Second Street, Harrisburg, Pennsylvania 17105 CO-SIG14ER: Any person signing the Co-Signer's Agreement below pmmises separately and tagether wllh all Co-Signe.r(s) and ,Buyer(s),.lo ,p~y all,~ums.d~e .a~ ta,perfonp ,aK ~g~,*ments, in this Ccntract"Co-Signtr ~,ill not be an O~nel' of the lIehkle. ,., I..' t ,:", CO-OWNER:- Any 'person signing'the Co-OwnEr's Security Agreement below gives liS a security interest in the Vehicle and agrees sepa(a(ely and together with all Co-Owner{s) and.Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract excepl the "Promise to Pat section.. '. TERMS: ihe terms shown in the bllxes above are part of this Contract PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpaymentand assigning the Trade-In, ifshllWn abave, on llrbefor e the dale of this Conlract and paying us the Amount Financed plus interest You promise to make paymenls in accordance with the Payment Schedule. You'pmmise 10 make paymenls on or belore Ihe same day ot each month as the first payment due date, YllU agree to pay all other amllunls which may becllme due undel the terms o/this Contract. You agree tll pay the Seller or Assignee costs III suit. You alSll agree tll pay reasonable atlorneys' fees if SeUer or Assignee hires an attorney to collectamounls due undelthis Contractor tll pmtecl or get possession of the Vehicle, You agree to makepaymenlsattheplaceorto send paYr1lents to the address which the Assignee mllst reoonUyspecifies in the writlennoticetllYou, Bysignirlgbelow,weagreet~selltheVehicletoyou under the tenns of this Cllntracl . If YOU 00 NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY lOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, mOIOR MONEY ON DEPOSIT WITH THE ASSIGNEE, This QmUact is between Seller and Buyer. All disclosures have been made by Sefler. SeJler intenrJslOassigntltlsContracttotbel\SSlgnee. Itemization of Amount Financed Cash Price I Cash Dllwnpayment I Trade-In Valueollrade-In $ N/A UenPayoffto: $ Unpaid Cash Price BaJance I TIlCreditlnsuranceCompany' ~ $ c To PubJic Officials lor: ~ Ucense,TagsandRegistration > ill i. Uenfee ~ $ ~ To . I Ii To EXTENDEB WARRANT ~ $ o To DOC rEE/NBTARY ~ $ ~ To P.'\ SALeS 'TPd( I Amount Financed I finance Charge I Total of Payments (Time Balance) S'. . PaymenfSchedule-'(ou agree 10 pay 10 us IheAmllunt Financed plus interest in . 59 paymentsof$ 194.99 eac h, ~ n d, a Ii II a I p ~ y m en t 0 f 1194.99.. . .Thefirsl payment will be due on 26 F'EB 99 , and tfien payments wili bedue on that same day of each mllnth IO\\\Ylling. SECURITY AGREEMENT: Tll secure the paymel1t III all sums due and the performance of all required llbli~ations under this Conlract, ~ou give a security interest in the Vehicfe, in all paris/called accessions"} attached tothe,Vehlcle at any laler lime, and in any proceeds of the Vehicle, (rn;luding insurance proceeds. n,e J\ss.ignee may ret-ol! any amounts dlle and unpaid under this Contract agalflst any of your money on dep'osit with Assignee. ThiS includes any mllney which is now llr may in the future be depllslted with Assignee by you. Assi nee mal' do thiS without an prior notice to oU. ADDITIONAL TERMS AND CONDITIONS: THI CONTRACT CONTINUES ON THE REVERSE SlOE. '(OU ARE OBllGATEO TO l\LL TKE TERMS OF TKE CONTRl\CT WKICH l\PPEAR ON THE FRONT AND REVERSE SIDES. NOTICE TO BUYER-'-OO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PRO~. 1Y~~k//.'. BUYE ~' " SEllER KUHNS HARNISH FORD INC WQf<- 01/13/99 Date BUYER Ry:~~aJf--- isEJiill113199 Dale (SEALI Date CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A ~EPARATE'DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT_ CO-SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all agreements in this Contract. You intend to be.Jegally bound by all the terms of this Contract, separalely and together, with the Buyer, You are making this promi5e to induce us to f\lake this Contract with the Buyer, even though we wit! use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. . (SEAL) Co-Sig/ler's Signature Address Date (SEAL) Co-SigAer's Signature .. Address Date Co-OWNER'S' SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or olherwise bemg aU of the Owners of the Vehicle, give us a. Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and aU other parts of this Contract except the "Ptomise To Pay" section. You are gi.ving us tm: security interest to ioduce us to make this Contract with the Buyer, and ,to secure the payment by the Buyer of all sums due on this Contract, You. will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) Address Date Co-OwDer's Signature BUYER CO-SIGNER AND CO-OWNER. AS APPLICABLE. ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT ~ TH~T.IIJME OF SIGNIN~ d? ~;T-:7'if .~ .// ~~~fr~' ,~",,"....,~ ...~~~.~-~ ~ 'I' ~~"...j~.,~ ~~~ ~~ . - '~'~ L HOW ~HE TOTAL OF PAY~ENTS IS COMPUTEO.: The Total of PayMe~oi~ ~ the sum ~f fhe ~'II1-honey advanced as we alone may specify: (il immediately on demand or lii) along ~'ith your ~rnQunt Fma~ced ,and the fman:e Charge. Ttle FllIiHlce Cha~ge r.'\lnsists wl.el~ ol mterest mllnthly p~ym~I1\s. II W~ choose to allow you to repay \lIe money ad~anced along with your ~omputed dally on th~ outstandmg balance of the Amount Fmanced. The Fr~ance Charge monthly payments, we can choose the amount of these payments and how long you have to ,hown on lhe {~ont Side has been computed on the assumplion that we Will receive all lepay. If any of our rights stated in this paragraph are not permilled by law we still ha e the oayments on their scheduled due dates, Ih . hi I. dO' '. v , " " 0 er rrg .'1 men lo.ne, ur payme.[1ts on your behalf. will not cure yourfarlure to perform 2. COMPU]ING I.NIER(ST: We ~NlII charge mterest on a da.!ly baSIS on the outstanding your promises m thiS IAntract. " " . balallce sublecl to ml'ereHon each day ollhe toanlerm. The dally inlemst rate is eQual to the \2 OEFA\JU' In this paragraph "'{ou" means the B~' C S' d CO' ~nnual Percentage Rate divided by the number of days in that calendar yw, Buyer agrees f ih y' 'II b '"'' ' yer, 0' Igner an 0' wner, or anyone that because interest is calculated on a daily basis, late payments will result m additional 0 em: au WI e In Oefault 01 the Contract If anyone or more of the followmg things nterest (and, if appljc~b!e,,~ late ,charge). Early paym~~\$ wj~ -(~ijlt!ln less inlerest being hap~e~~ /if :tIllt '':1~ .: ~lF . .. e~~ ' (:.1 ~Ilarged. Early and/drlate 'Paymdnfs wiil cause the amou'n~btt1id1frhtl ayment 10 chan a, (, 0 0 maIm any pay~enl un {)t-bemfe J~ IS due, or, - . ,." . ~e. b. VoudonotkeepanypromlseyoumademthlsContract;or 'c' ,., _ 1 LATE C~ARGL Buyer agrees to pay a.late charge lor any payment not made w!thm 10 ,c. You da not \l..eep any promisll yau made in anot~er Cen\Iact, Note, loan Dr Plgreement jays after I!~ d~e date: The late charge Will be .2% per month ~n the unpaid amount 01 the With Seller or AsSignee; or . ' . 'Jaymenl. We IYIII conSider any part of a month m excess o,f 10 days ~o be a full month. T:. d. y~" made ally untrue statement in Ihe credit application for this Contract; or ate char~e wllI.be due when earned, No late ~harge wrll .be due If the reason that,the .,' e., VOlj.committed any forgery in connection wltl\:lhi ,Col'\tract; or ~_ laymen! IS late IS be~ause, afl~r default, the entire outs.tandlng b~lance..on thiS Contr~s (: ;-t: Y.ou:di~, are convicted ol'a crime involying fr~ud braiShonesty, or are fou~cflbY a court ~ue. No late charge Will bedue If the only reason that the payment IS late IS because of a lale With jUrlsdlctmn 10 do so to be incapacilated; or l~ \ \'1 . .llargeaSsessedonanearl1erpayment. g. You file bankruptcy or insolvency proceedings, n iOJle files bankruptcy or 4. AP~L1CATlON OF PAYMENTS: We will apply ~ay~ents in th~ following order 01 priority: insolvency proceedings against you; or e!(j.l~~, rrstto mterest; and then to laIc charges, fees, prinCipal and any other amounts you owe in h. You take the Vehicle outside the United Slates or Canada without our wrillen consent. lie order that we choose. ' , ,or ' 5. PREPAYMENbYou may pre~~y, i~ full or in part, the amo~n; oV/ed on this Conlracl at any i. You use t~e Vehicle or allow someone else to use it in a way that causes it not to be Ime without penally.. If you prepay,the Contract. in part, you-agree.to continue to make. "cov,eredby your msur.aQce;or , ' .. " " . ," '. egularly,sclleduled payments until,Xou pay all amounts due under this Contract. This will I, !.ou do somethlOg that causes the Vehicle to be subject 10 confiscatIOn by government educelhe number of payments you w!!1 make. authonlies:or., ')\11] fi~!;l1 ~V'I Vi;~r',H 2V1HU)/ . '. i. WAIVERS. . " ::l "' n . ~ 11::i;; ') 1 "~V J~rYehic.le .Is losl, stolen, d,estrjye1 JV d.~~~?~d_P,m~d ~~1P.ical repair, and not ,a. WAIV,R BY SEllER AND ASSIGNEE: We and ~SSign~twa~J the IJ~t to ir~lal any" .llkt!tl b~fOllhd wlthl~ a re~sonable lime, I1f . .. ..: . '. roperty as security fo~ the repayment of this Contract, exceR! lor the Vehil(le and .till Qth~r \. p.,ll\}.\~l,~f.~. \~\}\ tnes IO,lake ~he \le~!~\~ 9,T ,Y~~,~ moneJ'. ,o.n~~p,l!51t w\\h FlS51gnee by ecuntyspecificallymentionedmthisContract. [iO\] ,n.,(1 .JJ,",,_::'~,\! 1~lpr~~ess.<:..)I,~,.!j (JOdI ,11., )I..A'Ai~\,i 1 1:1.J'.,.:rl b. WAIVE~S BY BUYER, CO-StGNER ANO CO-OWNER: You agree to make all payments on 13. OUR RIGHTS IF YOU ARE IN OEFAULT Of THIS CONTRACT: If you are in Default. 01 this I~ before t~ej: ar,e du~ without our havi~g to ask, If.you< don't, we may enforce our rights Contracl, we may enforce our righls according to law. We may also QO tile things specifically vlthout noll111Og you, III advance. You give up any right you may have 10 require thai we mentioned in this Contract. We may do one of these things and at lhe same time or later do 'Illorce OUT r\gll\$ Olgams\ 5lJ~e,ll\hel peT~lJTI 01 pr.lJj)\lrty before "We enlOlce our righ~ against another. Some of Ihe things we may,do are the fonowing: jOu. Yo.u agree t~~t we ~ay gIVe ~p our rights agalllst some other perso~ but n~t agalllst you. a. ACCElERATION: We can demand tllat you pay to us the entire unpaid balance OWing ou waive due dlh.ge~ce 1O_~ollectlon ,and all defenses based on suretyshrp and rmpalrment of on the. Conlract and a.1I unpai.d Finance Cha~ges and other money due, You agree that you, will :ollateral or See!{~ityuDO \ pay thiS money to us m one smgle payment Immediately upon receiving our demand. . . 7. INTEREST AFTER MATURITY, AND JUDGMENT: Interest at the rate proVided in this b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do :Cntractsha!!cont.muetoaccrueontheutlpaidbalanr.euntllpoid'inlu~,e\letlaltermoturi\y this..ourselves, have a quaJified perOOlldo ttfOi us, or have a governmenttlf{ lr.ial{byrep\evinl Ind/or after wt 'gM a judgment against you for the amounts due. This will apply evell if the do It for us. You agree that we can peaceably come on to your property to do this. We may naturity occurs because 01 acceleration, II at any time Interest as provided 'tor in this lake any other things found in theVehicle,butwi!l relurntilesethin gs.toyou if you ask, If you lara.graph is nol'pe~milled by .Iaw, interest shall accrue at the highest rale allowed by want these things back, you agree to ask us in a letter sent to us by,certified mail within 24 ppllcable law beginning at that time. ". hours. If you do notsend us this leiter, you give up any cla.im to these tllings. YtlU agree that 8. YOUR PROMfsUiABOUT OUR SECURIT'l INTEREST: YOIl wUI nul permit an~one ether we may use your license plates in repossessing the Vehicle and taking il to a place for storage, 11an us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees c. YOLUNTARY DELIVERY:. We can ask'yo~ to give us the Vehicle at a reasonably lecessary lor uS,ljJ.obtain and maintain oursecunty interest in the Vehicle. You will assist us convel1lentplace. You agree to give us the Vehicle If we ask, il haVing our securitylrnterest noted on Ihe Certificate of Tille to the Vehicle. You will not sell . d. DEl,AY IN E.NfORCEMENT: We can delay enforcing our rights under this Contract ,r give away the Vehicle, If someone puts a lien on the Vehicle, you will pay the obligation and Without ioslng any nghts. lear the lien, nn, 0(11,:. .;. ' " 14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repassess 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the,Vehicle in good' condition and without using a government official (by replevin): epair. ~ou will p~r ~II taxes and char~es on the V~hicle, Xou.~ii1 pay ~JI ~o,s\~ Qf.rn.aintain!ng " a:N?T1C~: We Will send you a Notice of Repossession to yd1J~12iSt address we know about. he Vehicle. YOII.,wjarnol abuse the Vehicle or permit anythmg to be done1'o tKe Vehlcie which ThiS Notice Will tel~you how 10 buy back (redeem) the Vehicle, You will NOT have the right to 1111 reduce it; value, o~her tllan for norl!'al wear and use. ~ou will not use.the Vehicle for rems\ate the Contract. This "leans you will have to pay the total balance on the Contract and legal purposes. odor hire or lease, You Will nol move the Vehicle !rom y.our addre~s ~hown.~n oth~r amounts dUe. You ~ay not.getthe Vehicle back by paying delinquent1nstallments, This he front of thiS Contract to a new permanent place of garaging wlthoutnotlfymg us In Nolice will tell you other mforma[lon reqUired by law, dvance." i)i). ~J!'; {j \ 11 ' b. REDEMPTION: You have the right tol~~~'iback {redeem) the Vehicle within 15 days of 0, YOUR PROMISES ABOUT INSURANCE: You wm keep the Vehicle' Ihsured against fire, themailingo~theNoticeandatanylatertimebeforewesellthe Vehicle, If you do not heft and colllsjon, untH all sums due us are paid in full. The insurance coverage must be redeem, you give up all claim to the Vehicle. atisfactory to u~\lnd:-protect your interests and our interests at the time of any insured Joss. ~, SALE: If you don't redeem, we will sell the Vehicle, The money received at sale will be he insurance must name us as "loss-payee" on the poncy, The insurance must be wlillen by used to pay costs and expenses you owe, and then to pay the amount you owe on the n insurance (.oR1~~HY qu~lifie~ to do.business in Pennsylvania and licensed to sell insu.rance Contract. \ ,1.1~~ stat~ whe'r'e m~ Y~~.\ge J~ perma~enUy garaged. The !nsurance pol.lcy ~ust proVIde us d...SURPLUS OR OEFICIENCY: If there is money left, we will pay It to the Buyer, If there is Ilth:,atrea$I1.l0 daYS1:'prroIlwrltl~n notice of anr cancellat.lOn or reduction m coverage, On not enough money Irom the sale to pay what you owe, Buyer,and Co,Signer agree to pay what eque.st, you sh~!l'p~!,lv~rIJhe poliCY o.r other ev~de.llce of.msuran~e cov~rag~ .to us. In. the is still owed to us. ~en\ ~~ a~.y,.kI.~r.{fl' .tl~ge '0. !he Vell\cle, you Vllll Immediately 00\\1'1 u.s m 'l{n~m& and 1\le,,~ e. EXPENSES: You agree to pay the cosls 01 repossessing, sloring, repairing, preparing tor 'root ot\bsswilhltbe:htlsllrer. Willmay file a proof of loss on your be~alf If YOll fall or ref~Jse!o sale and selling the Vehicle as may be allowed by law, These costs will only be due if; o so. We maY g{JlQlf:Jfyour name to .any check, dra~ or other mstrument we ~ecelve m L Oefault exceeds fifteen (15) days althe time of repossession; 'ayment Q,t !~It msp~eq )ll!is Qf,,\eturn msurance ~rem.lUl{ls, We m~~ ap~ly. any lf1su~ance 2. The amount 01 costs are actual, necessary and reasonable; and .roceeds .wf!'(e~€"jy€' t?)eparr'.nT replace the Veh!cle If, m our Oplf1l~n, It IS economically 3. We can prove the costs were paid DaSlble and YO~l)aJe (lOt then m default under thiS Contract. OtherWise, we Will apply the ' lsurance proceeds to reduce the unpaid balance due US)". 15. HEIRS ANO PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall ,1. OUR RIG~Tt:jF rYO~Ja.REAK .YOUR PRqfilISE~,,+JlP.u~UlE,-A~~lJ.Rt~Y INT~REST, be enforceabl~ against your heirs a~erso~al represe~~\~~~S.Of y~~le8fl() T i., e il:t.;::U EHIClE OR INSURANtE: It:you fall to keep yoUrqirotrJlS8S)fu':pa1'ffiiI\R1~e: ;'faxes, hens or 16. GOVERNING LAW: ThiS Contrad fS to be IlIterpreted accordlllg to the law of Pellnsylvanla, :le costs necessary 10 keep the Vehicle in good condition and repair, we may advance any 7 Bll ' lOney you ,prol1l.~d. te&i\Ytlf you fail to keep your promises about le.quired insurance, we I. SEVE~A ITY OF PROVISIONS. If for any reaso~ any pa~ of this Contract shall beco,\!e, lay advance,money to obtain insurance to cover loss or damage to the Vehicle. We have the Illegal, VOid or unenlorceable, that part shall not ~~ ,a! ~~rt 01 thiS Contract. Imice of wlu!thlt{ pr 1Jl1~t.g ~dl'ance any money for these, pllrposes,~~uch insurance will be 18, ASSIGNMENT BY BUYER: Buyer shall not assign this Contract. mited to an arbttbnttihif..gre'ater than you owe on'this'Contract THE' INSURANCE WE' 19 THERE ARE NO WARRANTIES RY SELLER .EXPR . D INC - HE' 'URCHASE- MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE'YOU LESS COVERAGE " . '. ESSE OR IMPlIEO, LUOING T , HAN INSURANCE YDU COULD PURCHASE YOURSELF WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICULAR PURPOSE, .. '. ',. ,. " UNLESS wr HAVE GIVEN YOU A SEPARATr.WRITTEN' WARRANTY OR UNLESS SElLER Ie will add any money we advanc~ on your behalf to the balance on which we Impose ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 OAYS FROM THE OATE OF manee Charges al the Annual Percentage Rate 01 this Contract. You agree to repay the THIS CONTRACT. Lh. 1'. ~'; ~, . luyer's GuIde Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Gujde Window Sticker required by the Federal "de Coml11ission..US<PICI' Trade Regulation. Rule, tne following noticeapplies:. ' .. . '. . ' I-rl~e~ifJfotmaticin:you see on the window form for this Vehicle is part of this c.ontract. Information on the window f.orm overrides any. ' 'cbntrary provisio'l.$-in the contract' of sale.l.r" " "".:' !OTlCE-ANY HOLDER Of'THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ,SSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO DR WITH THE PROCEEDS HEREOF. RECOVERY IEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ... NOTICE Of PROPOSED CREDIT INSURANCE The signer(s) of this Contract hereby takers) notice .that,Group CreditUfe Insurance coverage or Group Credit Accident and Disabllity Insurance coverage will be applicable to this Contract.it so marked on the front of this Contract, and each such ,type ol'coverage will be written by the -insurance company. named, This insurance, subiectto acceptance by the insurer, cQversonly the person or' persons signing tile requestfor'such insurance, The amount of charge is indicated for each type of Credit Insurance to be purchased, The term (If insurance wiU commence as of the date the indebtedness is incuned 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 Aeblor{sl. a certificate of insurance more fully describing Ihe insurance, In the event 01 prepayment of the indebtedness, a refund of insurance charges wiU be made when due, ' , .. . N01IC!, Sf! OTHER SIDEfDR IMPOR1AN1INFORMA110N. " TH~ PROV,SION'BElOW IS N?,T,P~~T O~ r~E PEN~SYWANIA,MOTORNEHIClE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER ANO SEllER. : ' " ;;,,' ," .", ":".- ,"., , \.' ,j , 'ASSIGNMENT To induce you, the "Assignee" identified on the_JaceiOi:this'.C~nI:(act.o;.'aS'follows, : , , . (Name) ) pur~h~~e,t~e\wit~jn Contract,'the Selhir hereby warrilnts a~(represe,nts."~nd.cOntinues to. warrant and representlhat the sale haSllW1n fiilld13 in s\jjclk:llrifotrhlty&Jt~!atlitlpplicable ;deral; sla'l.e.and jo'c'alla\',\s ~nd regmations;'includ\ng,"but no\ limi\ed to,lIrtitle 2.t}1 the Pennsylvania Uniform Commelcla\ Code \13 Pa, C.S,A 932101 et seq}; Wi t\Ue tQ tile Contract alld he Vehicle'CO'lered thereby is absolute, free of aU liens, encumbrances and security interests, and issubjecl only to the rights of the Buyer as set forth therein; the Contracl is genuine, the Ignatures thereon are ,not forgeries, arose from the sale of the Vehicle therein descri~ed, and' all parf!ll~ Wrpt~ jj~?f full age a~d had capacity to:,con~ract the'pescription of, the Vehicle nd extra equipment is complete and correct the cash downpayment and/or trade'ln allowance were actually received and no part thereof'conslsted of notes,~post-daled checks, other redit advanced by us to Buyer or rebates or similar payments .from ,us to the Buyer {however manufacturer. rebates may conslilute all or a part of the downpaymentj; aU warranties and, liltements therein are.,true; \heH: is owing thereon the Amoun\ finallCed plU5 Interest Ol\\\~e Annual Percentage Raw {If tlm,Contract set ll>rth therein; ,we Me dul~ licensed under the 'ennsylvania 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' ther federal or sfate law, rule or regulation applicable to this Contract;'a motor' vehicle !ltle certificate showing a lien or encumbrance in favor of Assignee has been or will'be-'applied for ,romptly; 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' unper the Pennsylvania Motor: ehicle Financial Re&ponsibility, Act; the Buyer(s) named in the'within Contract Is {are} personally known to the Seller to be, tile same ,identical person{s) whose' signature{s} is (are) afflxed j \l1is COlltl~d; awJ Seller ha5 no: "'lIllwledge Ilt tacts.' impairing the 'valillily'or value {If the Cllntract. If any suc~ warrallties or represenlations sho'u!d be breac~ed at allY time, Seller shall epurchase said Contract from Assignee, on demand, and will pay therelor, in cash, the amount owing thereon, computed as set forth below, and said remedy shall be cumulative and not xclusive, and shall not affect any olller right or remedy tha.t Assignee might have at law or in equity against Seller, In the event that Buyer fails or refuses to make any. payment due ,ereunderon the assertion,eilherolal orwritlen, that the Vehicle is defective, not as represented to the Buyer by Seller, or that Seller refuses to honor any warranty or service agreement f Selier or m~nufacturer, Seller agrees that, orl being advised by Assignee of such claim of Buyer, SeHer will repurchase the Contract from Plssignee and pay Assignee for same lImediately ill ~ccordallce with the repurchase terms set forllt below, and Seller further agrees to hold Assignee harmless from any other claims of Buyer, including attorneys' !~es, costs ndexpenses'incurred in defending against claims asserted by Bu yerand including claims for refund of payrnents made by Buyerto As signee. If Ihe Sellerconlracts to purchase property lsurance on behalffof the, Buyer, and that insurance is cancel!ed pyJhe insurance company prior to its scheduled expir.ation date, Seller wJ!! atle~pt to place comparable.co,verage with nother insurance company on behalf of the BuyeL.If Seller' is unable to do so, Seller wilLnol\fy Buyer and pay to Buy~r any additional,costs inc4rred, by the Buy~r in obtaming eplacementinsu(ance'lorthe unexpl\ed period of,theorigjnal.lnsura~ce poJicy, By delivering this Contract to the Assignee and accepling payrnentfor it, Seller auth..oriz6sthe Assignee 10 .omp\ete or carrect the WenlilicatiQn of the Assignee'in this Assignment to ref1ectthe [rue Plssignee who purchased this Cantract, and/or to sign Sellel's name to@sAssignment, without ecourse if the Assignment has been deliveredwlihoulSeHer'ssignature, In 111~ event that Seller is required by this Assignment to repurchase the Contract and/or Vehicle, Seller shall pay to Plssignee, III cash. the full unpaid balance of the Contract as olt~e late of repurchase, plus any then earned Finance Charge and an,y and all ~osts and exp.enses paid or incurr~d by ASSignee in respect thereto, inclUding reasonabl~,allorneys' fees, m :onnection with claims by or against any Buye:, OWQer or persons m,p.ossessl~n of t~e Vehicle and/or by O.f agBlnst S~II~r. , ," For vahle received,Seller hereby sells, aSSigns and,.tran,sfers unlo the Assignee, ItS successors and assigns, the within Contract, all moneys.due an.d to bec?meduethereunder, and a,lI ight title and interest in and to the Vehicle therein descrIbed, with full power in the PlSSlgnee in ItS or our name to take such legal or other .actlon which we might have taken .s~ve lor U\IS 'Issignment. u~tess Seller marks either of the endorsements below, titled "WITH FUll RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the provlslnns of the .."n.^~~ ';""~ "~--;~~-_..'" ~~ ,..,,,"" , ..".. .-&;~,j,:;t, .':;",~ "0L::::,,, .." '--1..._"~.' ~ .---, '"'" .......'.i. ...iLti*':l~~~t$;l~"f .,-" :',.~~" ;~o." '" l'-~ 'ii5Li*i 0; ~ "&. r:- ~ Crt 0 r~~8a ~ 6' , , "() ~ ~ ~ r~ 1- ,. ,.' ."'.. "'~. ....~ ~, u (") a c 0 So .;p. -ow ,- nlrn ~ Z:r: :;") ZC;:: ~~: 01 !<,O ~")o >-, :% z,,-. )>~:I 1.0 Z ::> =< o " ~ -.,-.,-------;-! ~ti7 ~~ );...,; ::0 -< ';i i,! "I , 11 ,I 'I I I II :1 I II II II I , I ] , I II ] I I 'I I II I g,