HomeMy WebLinkAbout00-06134
,
..
~--"',,"
."~\,,,-
,--
MICHELLE C. KAHAN, ESQUIRE
Attorney 1.D. No. 47118
2536 Eastern Boulevard
PMB Number 152
York, PA 17402
(717) 846-2954
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL V ANlA
PROVIDENT BANK OF MARYLAND
Plaintiff,
vs.
COll'L~
CIVIL ACTION - AT LAW
NO. CQ- 1013Lf
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
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) 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 againslt 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 OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
C811rt ."dllliaistl'fttor G....m.l:. . Co
CllllllJtIlllad Clllluty C811J tlJ_ASe ikP--4o;; ~OCJ a-.Jtc;0
Carlisle, PA 17013 .:<.. J..,I:.EA.::J. -fJCJt:..._
Telephone: (717)240-6200 ~sk. ~ If 01..3
I
717 - :1..49-.3 /1..1..
1l
--, .-,,-
J. '.'
,~.
"--.iit1ilI1r.i,-,
ADVISO
,
Le han demllndado a usted en la corte. Si usted qui ere defenderse de estes demandas
expuestas en las pa8inas siguientes, usted tiene veinte (20) dias dF plazo al partir de la fecha de
la demanda y la notificacion. Hace falta asentar una comparencia iescrita 0 con un abogado y
entregar a Ill, corte en forma escrita sus defensas 0 sus objecionesl alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, Ill, corte tom~ra medidas y puede continuar
la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a
favor del demandante y requiere que usted cumpla con todas las ~rovisiones de esta demanda.
Usted puede perdev dinero 0 sus propiedades U otros derechos i~portantes para usted.
I
LLEVE ES1fA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGAD<I> 0 SI NO TIENE EL DINERO SUFICIENJi'E DE P AGAR DEL
SERVISO. VA Y A !EN PERSONA 0 LLAME POR TELEFONQ A LA OFICINA CUY A
DIRECCION SE B~CUENTTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE
PUEDE CONSEGllrrR ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
Telephone: (717) 240-6200
i
i
11
-"
-""1'-,,"';11]' ~~
~
,'~
;j;jlMli!&~C:
.,"-,
.- ~. ,'-- -0 '<' "" -' I -- ',--.' -'iI(tfr~"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL V ANlA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. (J1J - f., 13'1 cru.t I~
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
Defendant
COMPLAINT FOR RECOVERY OF DEFICIENCY AFTER RESALE OF VEmCLE
,r
AND NOW, TO WIT, this 211 day of August, 2000, comes the Plaintiff, Provident Bank of
Maryland, by and through their Attorney, Michelle C. Kahan, Esquire, and files the following
Complaint:
1. The Plaintiff, PROVIDENT BANK OF MARYLAND (hereinafter referred to
as "Plaintiff"), is a financial institution qualified to conduct business within the Commonw~~alth
of Pennsylvania, with its principal place of business at 114 East Lexington Street, Baltimore,
Maryland 21202.
2. The Defendant, BONNIE LOU FINKEY (hereinafter referred to as
"Defendant"), is an adult individual residing at 162 Amy Drive, Carlisle, Cumberland County,
Pennsylvania 17013.
3. That on the 20th day of March, 1996 at Cumberland County, Pennsylvania, the
Plaintiff by an Installment Sales Agreement in writing, a copy of which is hereto annexed,
marked Exhibit" A", and made a part hereof, financed the Defendant's purchase of a used
,i
"
II
~
,
",
'JI!j!i<j~-~~'L~
. ~ ,- .'-,
1990 Dodge Caravan SW from Cumberland Valley Motors, located at 6714/20 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania 17055, in the amount of Eight Thousand
Eight Hundred Sixty-One and 95/100 Dollars ($8,861.95). The Defendant agreed to pay the
Plaintiff forty-eight (48) montWy payments ofTwo Hundred Fifty-Six and 31/100 Dollars
($256.31) each, commencing May 4, 1996, for the vehicle.
4. The Plaintiff delivered the vehicle to the Defendant on the said 20th day of
March, 1996 and demanded montWy payments thereof, yet the Defendant became in default
when Defendant failed to pay the installment sums of$256.31 due on December 4, 1997.
5. Thereafter, and on the 16th day ofJanuary, 1998, the Plaintiff proceeded to
repossess the vehicle.
6. Thereafter, and on the 21st day of February 1998, at Car and Truck Auction of
Maryland, Inc., 803 Belair Road, Bel Air, Maryland 21014, the Plaintiff sold for and on
account of the Defendant, the said 1990 Dodge Caravan SW vehicle at public auction to the
highest bidder.
7. The said 1990 Dodge Caravan SW vehicle brought the sum of Three Thousand
One Hundred and 00/100 Dollars ($3,100.00) at the said sale. A copy of the Auction Bill of
Sale is hereto annexed, marked Exhibit "B", and made a part hereof
8. The expenses attending upon such sale, including sums paid for repossessing
the vehicle, the auction fees, the transportation fees and the storage fees, copies of which are
hereto annexed, marked Exhibit "C", and made a part hereof, amounted to the sum of Six
Hundred Twenty and 00/100 Dollars ($620.00), leaving a balance of Two Thousand Four
Hundred Eighty and 00/100 Dollars ($2,480.00) to be credited upon the said purchase pric,e.
II
. _I".,
-.-...:,- ,,-<-,,,-~---;
'MC'_"_~.1
~ - '11; ""':<ite
9. Therefore, by reason of the facts aforesaid, the Plaintiff has been damaged in
the sum of Four Thousand One Hundred Sixty-Two and 03/100 dollars ($4,162.03) plus
interest from June 16, 1998 at a daily interest rate of67/100 dollars ($.67). These damages
being the difference between the purchase price of the vehicle financed by the Plaintiff, less the
amount realized on the resale of the vehicle, and adding expenses of sale and payments made
by Defendant.
10. The Defendant agreed, as per the terms of the Installment Sales Agreement,
that in the event the Agreement was placed for collection with an attorney, the Defendant will
pay attorney's fees of 15 percent of the amount owed by the Defendant plus court costs and
disbursements. See the copy of the terms of the Installment Sales Agreement is hereto
annexed, marked Exhibit "A", and made a part hereof.
11. The Plaintiff has incurred attorney's fees and costs in pursuit of this action.
12. This Complaint is an attempt to collect a debt.
WHEREFORE, there is due and owing by the Defendant, BONNIE LOU FINKEY,
to the Plaintiff, PROVIDENT BANK OF MARYLAND, the sum of Four Thousand One
Hundred Sixty-Two and 03/100 dollars ($4,162.03) plus costs of this suit, interest from June
16, 1998 at a daily interest rate of67/l00 dollars ($.67) and reasonable attorneys' fees in the
amount of Fifteen percent (15%).
Respectfully submitted,
:?/it'J.$, C~~~
Mi elle C. Kahan, Esquire
Attorney for the Plaintiff
2536 Eastern Boulevard, PMB No. 1:52
York, Pennsylvania 17402
Telephone: (717) 846-2954
1.D. # 47118
II
..~
",tF----'-"'......,.,
--Iil]I' ~"
VERIFICATION
,
"
i
I, Donald Plott, do hereby certify and say that I am an employee for Provident Bank
of Maryland, and that I am authorized to make this Verification on its behalf, and that I do
verify that the statements made in the foregoing Complaint are true and correct to the best of
my knowledge, information and belief, upon information supplied.
I understand that false statements made herein are subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
Date: "6-.31-00
12_~~-
Donald Plott
II
-
.1.
-""""""=r....."- ~~
iII~~:"
.
=,
,-- - .~=, ~C - c'. .~f:df.:
State of Maryland to wit:
County/City of Baltimore
I hereby certifY on this twenty-third day of June, 1998, before me, the subscriber, a notary public
in and for the county/city and state aforesaid, personally appeared Raymond Goldberg, Vice
President of Provident Bank of Maryland the Plaintiff herein, who solemnly declares and affirms
under penalties of petjury and in due form oflaws as follows:
1. That the affiant is duly authorized by the Plaintiff to make this affidavit; that the affiant is
competent to testifY to the matters stated herein; that the affiant has personal knowledge of
the facts stated herein and that they are true and correct.
2. That there is justly due and owing by the Defendant to the Plaintiff, over and above any
discount and without deduction or set-off, the sum of money set out in the foregoing
declaration and/or in the document/written obligation/itemized statement of account attached
hereto amounting to $4,144.61 with interest from 5/21/98 - 6/16/98 of $17.42, plus attorney
fees of 15% of the amount owed.
3. That the said indebtedness represents merchandise sold/moneys advanced/services
performed by the Plaintiff to or for the Defendant.
4. That the Plaintiff has not directly or indirectly, received any part of the money or goods
charged herein as due or received any security or satisfaction for which credit has not already
been given.
5. That the Plaintiff Keeps regular books of account and that the keeping of said books of
account is in the charge of or under the supervision of the affiant. The entries in said books
of account are made in ordinary course of business. Said entries show that the Defendant is
indebted to the Plaintiff in the manner and amount herein set forth.
.,.
.,
6. That the Defendant is not in the Military Service as defme in the Soldiers's and Sailors'
Civil Relief Act of 1940 with amendmen . been' such service within 30 days
hereof.
A"_~:~~"__~ ~
Commission Expires:Q1I11 \ \ 0 '--
~. ~~
~-
~ ~~,
'Wlli
""'-'-"-"'",-',"".'
'.-c_ "'"" . ~.. _ "_... ~,., .
o PnIvIdant 7210 AMBASSADOR ROAD PO BOX 1661 BALTIMORE, MD 21203-1661
_"'.MARYlAND INSTALLMENT SALE AGREEMENT Dealer Number Contract Number
Seller (Dealer's Full Name and Address)
Buyer (and Co-Buyer) Full Name and Address
BONN irCltd.e Cf>rlftHip Code)
1582 PINE ROAD
CARLISLE PA 17013
RANDY E. FTNKEY
1582 PINE ROAD
CARLISLE PA 17013
CUMBERLAND VALLEY MOTORS
6714/20 CARLISLE PIKE
MECHANICSBURG. PA 17055
In this Agreement, the words "I", "me", and "mine", refer to the Buyer and Co-Buyer. The words "you" and "your" refer to the Seller, and after
assignment of this Agreement, to Provident Bank of Maryland. "Property" refers to the goods sold uader this Agreement.
I may buy fhe Property described below for cash or on credit. The cash price is shown below in the "Itemization of Amount Financed" as
"Cash Price." The credit price is shown below as "Total Sale Price." By signing below, I elect to buy the Property on credit under the te'rms 01
this Agreement.
I have paid you the Total Downpayment shown ~Iow. I will also pay you the Unpaid Balance of Cash Price plus my Other Charges. I will a/scl pay a
Finance Charge at the Annual Percentage Rate shown below. The finance charge will accrue daily, beginning on the date of this Agreement on
the Unpaid Balance 01 Cash Price and Other Charges that remain unpaid. I will pay you these amounts in monthly payments as setlorlh b<!low.
Property Description. I'agree to buy and you agree to sell the following property:
New or Year Make and Model Style Identification No. Primary Use for Which Purchasecl
Used
USE 90 DODGE 7'\ . Obusil
SI./ IB4GK54R8LX235656 ,Il!\personaJlfamily/household
CARAVAN C agricultural
0
~
f.
ANNUAL PERCENTAGE RATE
The cost 01 my credit as a yearly
rate.
FEDERAL TRUTH.IN.LENDING DISCLOSURES
FINANCE CHARGE
The dollar amount the
credit will cost me.
Amount Financed
The amount of credit
provided to me or on my
behall.
Total 01 Payments
The amount I will have paid
after I have made all payments
as scheduled.
16.75
3440.9,
8861.95
12302.88
Total Sale Price
The total cost of my purchasl!t
on credit, including my
down payment of
2413.95
$ 14716.83
$
% $
r--:=;:...
$
$
Amount of p~~."!h
Whe%~l8'.mtre Due
~
Late Charge. If a payment is more than 10 days late, I will pay a late
charge of 2% of the amount of the payment In arrears.
P~ayment. II I payoff early, I will not have to pay a penalty.
Security Interest. I am giving a security interest in the property being
purchased.
Addilionallnlormation. I may see the other side of this Agreement fllr
more information including information about nonpayment, defautt, any
required repayment in lull before the scheduled date, prepayment relunels
and security interest.
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price-Consisting of (A) Cash Price of Goods Soid $
(13) Separate Charges, if any. for Delivery, Installatlo~ ~rt: 9fsther Services $
2. Total Downpayment = Net Trade-in $ 191111 DODGl!us Cash Downpa~JWAN
My Trade-in is a
;jO~O~VV
N/A
Z83.20 $
9895.00
(1)
2413.95
(2)
7481.05
(3)
$
Year Make Model Iclentillcation No.
3. Unpaid Balance of Cash Price (1 minus 2)
4. Other Charges Including Amounts Paid to Others on My Behalf
<a) Cost of Required Insurance Paid to the Insurance COmpany Named Below $
(b) Cost of Optional Mechanical Repair Protection or
Extended Warranty Paid to the Company Named Below $
(e) Cost of Optional Credit Insurance for the Term of the Agreement Paid to the insurance
Company or Companies Named Below. L~e $
Disability. Accident and Health $
(d) Official Fees Paid to Government Agencies ___,~____ _ ____.___
(e) Taxes Not Included In Cash Price
{f} Government License and/or Registration Fees (Itemize)
$
N/A
N/A
(g) Government Certificate of Title Fees
(h) Other Chii>s (Seller must Identify who will receive paymen1<O(ifNft'IlIRpl\idtlA1HY
to for
to for
to ror
Total Other Charges and Amounts Paid to Others on My Behalf $
5. Principal Amount Financed (3 plus 4)
Items 6. 7 and 8 are calcu~ 6. Finance Charge
lated assuming I make all 7. Total of Payments (5 plus 6)
bayments on the dates and
in the amounts scheduled. 8. Payment Sched,.,. One Installment of $
and install~
$ N/A
20.00
- $ .------. --wr.90
$ --49". 00
$ N/A
$ 15.00
$ N/A
$ 796.00
$
$
$ 1380.90
$ 8861..~
$ :) 449.'<'-3
$ 123Q2-.~
:l56 "l1 $ - (7)
256.31
1996 each, monthly, beginning
, 19 _ . Installments are due on the dates shown
in the payment schedule above.
._..,-,._..0_--'.. _.0'.'_' _, .c:"'.......,.. .~- __,,',_,,'.__".'.-
~_.".._. .~>. c_ ,,~_ c_ ,....._" .. ,~, ."~ '.' ~_.~ .
~.r"-_>~'.'.'" 0<' '_. "'._" '-~'." -.... _~ ,>_. ' .'_ "'_~~~""
l?1(\~ Ie,\, "V"'\
,
'-
"'iili
Insurance. If any insurance or extended warranty or mechanical repair protection is checked below, policies or certificates will be issued to me describing the terms I
aOd policy limitations and exclusions. I
Required Insurance. You require property insurance.l may obtain it from anyone I want who is Optional Mechanical Repair P_n or Extended Warranty.
acceptable to you. Item 4(a) above shows the cost 01 this insurance, if purchased through you. ~em 4(b) of1he Itemization above shows the cost olthis insurance.
Insurance Company Term: ~ months Company. --
Description of Coverage: Term:
~_.- ~- = $25 Deductible = $50 Deductible
-$ Deductible
Optional Cred" Insurance. YOU DO NOT REQUIRE THAT I BUY CREDIT LIFE INSURANCE AND CREDIT DISABIUTY INSURANCE IN ORDER TO OBTAIN CREDIT.
YOU Will NOT PROVIDE THESE COVERAGES UNLESS I SIGN FOR THEM AND AGREE TO PAY THE ADDITIONAL COST. If I want this insurance I will check the
;m~urance desired and sign below. If I have chosen this insurance; the cost is shown in 4(c) of the Itemization above.
Cheek the insurance desired: = Life (Buyer :::: Co~Buyer [] Bothe)
!:=: Disability, Accident and Health (Buyer = Co-Buyer 0 Both::::)
(Name of Insurer) (Home Office Address)
Under the policy of the insurer named above, the maximum amount of insurance under this Agreement is $ , The total amoLtnt of insurance
under this and any other installment agreement of the Buyer under Seller's group policy, is limited to $
Buyer's Signature Date Co-Buyer's $jgnature [}ate
NO LIABILITY INSURANCE INCLUDED. THIS COVERAGE IS NOT AVAILABLE THROUGH YOU.
IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE PROPERTY YOU BOUGHT WITH THIS AGREEMENT.
This is a simple interest contract. The amount of Finance Charge shown above may differ from the amount I actually pay. You credit each payment first to credit
insutance premiums, if any, then to late charges, if any, then to earned Finance Charge, and then to the unpaid balance of the Amount Financed. You compute my
Finance Charge on the unpaid balance of the Amount Financed each day using the simple interest rate that applies to this Agreement. The earlier I make payments
before their due, dates (and the larger the payments) the less Finance Charge I will pay. You will send me a refund check if I have paid you more than I owe aftler I make
my last payment. On the other hand, the later I make payments after they are due (or the smaller the payments) the greater the Finance Charge, If the amount I owe on
the ctate my final. payment is due is 125% or less of the scheduled amount of my final payment, I will pay my entire balance due. If the amount I owe on the date my final
payment is due: is more than 125% of the scheduled amount of my final payment, I agree to make one or more additional monthly payments in the same amoltnt as my
scheduled payments until the amount I owe 0"- a payment date is 125% or less of a scheduled payment. At that time I will pay the entire amount I owe, You will tell me
before my last: payment is due of any additional amount I owe you if it is $1.00 or more.
I agree to the provisions set forth on both sides of this Agreement. J acknowledge that this Agreement is contingent upon Provident Bank of Maryland's acceptance of
its terms, which terms are 'satisfactory to you and me.
NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT ClOPY
OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
^ .rjO: 4J-- ~~~
~O" /VIAll Z7l~N1 _ 03/20/96 .
Buyer Signs Date Co-Buyer S' s .
03/20/96
Date
I ACKNOWLEDGE THAT A COpy OF THIS CONTRACT WAS ~~D TO~E.
L-~~a~~_~3/20/96 .~~_ ~~ 03/20/96
Buyer Signs ~~ Date Co~Buyer Sig Date
CO.Buyers and Other Owners - a co-buyer is a person responsible for paying the entire debt: ~n Mothe~ owner" is a perso~ whose. name is on the title to the Property
but who does not have to pay the debt. By signing below, the other owner grants you a security Interest In the Property. ThiS permits you to repossess the Property If
the Buyer (or Co-Buyer, if any) defaults as described on the back of this Agreement. An "other owner" can lose his or her interest in the Property if the Pn>perty is
repossessed.
Other owner's signature
Date
Address
NonCE: SEE OTHER SIDE
~~~:trted, and Ihis Agreement is hereby assigned to Provident Bank 01 Maryland in accordance w~h ;1 ~isi~ns of the Dealer's Assignment on the reverse ,ide
___7~~ .. 03/20/%
Dealer's Signature Date
PA 9003IA (2/95) WHITE: Original Bank Copy YELLOW: Dealer's Copy PINK: Buyer's Copy GOLDENROD: Bank File Copy
"',""'.;
'.".~". ,~ .
~. ~..o,.".'
~""'3~_~_.
-
~- -<~-:,
<,C',,_,_,
-w
(
... -<\"""-'~""'-'" ;'-",'_.."''''--'' ,'f"" .;..."'..."-'....'-"'~i;{: ~._,t"< ~
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS
SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF THE
GOODS OR SERVI~I~'~A~RU~Hl,I',I!!!il6EjTO OR
WITH THE PROCEEDS !rIEREQf, REC,Q.VEa.V 1;l~f1E\,JNDER
~~l~~~T~~:~~5:f?t EXC~e.P!MQ~~TSP)lID BY
payment or send notices. Your notice will also set forth the time and place o'r the
proposed sale of the Property. I am liable for your actual, [lecessary and rea:son-
able costs in retaking, storing and repairing the Property when I have bee'n in
default more than 15 days at the time of repossession. You must have evidErnce
of such costs as required by law. The Pennsylvania Department of Banking may
dis~II.~'Y\\h1".. c?,!s 'ffll~rtaln circumstanc,~ il, [, . ..:" A Y,U a
After'Wr.iIlSl'e~~;v, 0"., ,reinstate the AgreeI1lM~W1d:rw~"l t~ .r[J>perty to
."1",1'[0 .. payal(QIl'~ emstallmenlsdueHQOerl\l!\fgreem"l'f,(ifpermitted
:bY'181v . Y ~elau' J pbssesslon excl'etlllllll ~511ays,~ <I1ollt iIlstl pay ex.
penses of retaking, repairing and storage permitted by law.
You will store the Property for 15 days in the county in which it was repossessed.
1. My ResponsJbjJjty as to the Property. J wiJI keep the Property free of all taxes, However, jf repossession occurred out of state, you Will store it for 15 days near
liens and encumbrances. I will repay to you when you ask for it any money you the place of repossession or in the county in Pennsylvania in which it was slDld.
pay to release or discharge any such taxes, liens or encumbrances. Until I repay During this 15-day period I may redeem the Property and termin~_te the Agl'ee-
you, suc:h sums shall be part of the obligation secured under this Agreement. I ment. To do so, I must pay you the amount of the unpaid time-balance, the am(Jlunt
will not use the Property illegally or improperly. I will not without your written of any accrued default charges permitted-by taw, ,and any other amounts due
permiSSion, use the Property for hire. I will not without your written permission, under the Agreement, less any rebate of unearned finance charges. I am not
remove the Property from this state or the location design;;t;ted above as my ad- required to pay costs of retaking, repairing and storing the Property unless my
dress, or transfer or sell any interest in the Property. I will not do any act or omit default,exceeded 15 days atthe time of reposses~ion. I am entitled to have the
to do any act that would permit the Property to be seized in any civil or criminal reasonable value of the Property determined in ,any action you bring to reCOVI!r a
formture prOCeeding or by any federal, state or local government body for any deficiency. You will credit me with the reasonable value so determined or the !iale
reason. I will not lose possession of or hide the Property, I will not lease or sell price YCiU receive when the Property is sold after repossession, whichever is more.
the ~r~rrty or any in~erest I may h~ve in the Property or attempt to do so, without 5. My Additional Obligations. I will sign financing statements or other dacu-
you p or express written permission. . "meots you require to perfect your security interest J wiJI obtain and deliver to you
2. 'nsutanee. f will keep the Property Insured at my expense against the fisk of a certificate of title under applicable state law. The certificate of title will show a
damage or destruction and such other risks as you may require.l will keep such lien or encumbrance in your favor. I Willi!. !es or taxes resulting from
insur~n<:e for as long as I owe any amount under thi~~~nl. 1~~~"eJt ~~~d i obtaining such dIf~ficate or any supple,1JI I'i I:~ 'cate ((Wterminadboi dacu-
such inSurance shall be payable to you and me as our interests may a'Ppear. 'i'fle ment. If I make payments by mail, I may' ~ ~t J to issue a receipt for such
policy insuring the Prllperty must name me as the policyholder, Such insurance payments only if I provide you with a self-addressed, stamped envelope. If I mi:lke
must provide that it may not be cancelled without 15 days' notice to you. The any payment by a check that is returned to you unpaid after the second presnnt-
maximum deductible I may maintain concerning such insurance is $500. I will ment for any reason, you may impose a returned check fee of $10, if such fel1) is
deliver all such insurance policies to you. I wilt obtain at your request from any permitted by law.
jnsurane~ company insuring. the Property, any certificates, written ~ssurance f}r 6. Miscellaneous. You and I agree that commercial reasonableness requires no
proof of In~uran?e you reqUire. You may apply the proceeds from Insurance, ~n more than 15 days' notice of public or private disposition of the Property a'fter
your sole discretion, to ,replace the Prope~ or t~ pay sums I owe ~~der thiS reposseSSion. Your rights and remedies are cumulative. Your recourse to a right
Agreement. I hereby asSign to you any mom~s, not In excess of all amo ts I owe or remedy does not mean you waive others. No waiver of any default shall consti-
you, that ma~ become payable un~er such ,"~ura~ce procee.ds or refund of u~i tute a waiver of any other or later default. Acceptance of any overdue payment
earn~ p~emlu_~s. Upon cancellatl~n or termination o~ any I.ns~rance, you WI and/or any delinquency charge shall not constiMe a waiver of, nor shall it cure
cred,if'atfi ~lum refun~ you ~ec~lve to my outstanding P~nclpal Balan, ce, ~r . my default in, not m.~kil)Q.s~~h payment when clue. Ya.u may proceed with all of
pay itJo T~!!:rV outstanding Pnnclpal ~~~~t}~ been pald. .J ,::' . \ ;1;' your rights and remedt~s'pite such acceptance., YOur acceptance of a chl!Ck
3. late C'haiges and Collection Costs. . I agree to pay a late charge (also called or draft purporting by'its terms, or by the terms of any endorsement it contains, to
a default charge) of 2% on the amount of the payment or payments in arrears f?r be in full payment of the amount I owe will not prevent you from collecting (or
more than 10 days. You may collect a late charge only once on each payment 10 asserting the right to collect), additional amounts lowe, unless such check or
arrears. You may collect such late charges as you earn them, or you may accu- draft is accompanied by a separate written agreement to that effect, and you sign
mulate and collect them with the final payment under this Agreement If you place such separate agreement and accept such check or draft. If you remedy my
this Agreement for coll$(tion with.," attorney who is not your salaried e,,:,,pIOype, default in order to protect your interest, such rem~~ shall not cure the default.
I will pay you attornefs fee:s 01 i5ipercent of the amount I owe you, plus cburt You may proceed to enforce all your rights available upon default. No transl'er,
costs and disbursements. renewal, extension, or assignment of this Agreement, or any interest in it, and no
4. Oe18l.llt. Time is of the essence of this Agreement. I will be in default if I fail to loss, da~age or destruction of the Property shall release me from my obligation
make any payment when due. I will be in default if I fail to pay any other amount under thIS Agreement.
I am obligated to pay you under this Agreement. I will be in default if I fail to 7. Rules of Interpretation. This Agreement is made in the State of Pennsylval'1lia.
perform any of my obligations under this Agreement. I will be in default if I breach Pennsylvania law and federal law shall govern this Agreement. This Agreeml!nt
any prolllise or condition contained or referred to in this Agreement I will be in constitutes our entire agreement. You and we can change this Agreement onl}1 in
defauft if I made any false statements in applying for the credit extended under a writing we sign. If applicable law prohibits any part of this Agreement, such
this Agreement. part shall be ineffective to the extent of such prohibition without invalidating a"ny
If I defaUlt, you shall have th't.?QI;1t~~yDur election, to declare the then outstand- other part of this Agreement. All wo~ds in this Agreeme,nt shall b~ construed to be
ing P~inc:ipaI8i!lance, togethei' with ~accrued finance charge and any other amount of such number or gen.der as the CIrcumstances re~Ulre. Headings of the num-
I owe YQu lindir this Agreemerl to be immediately due and payable. Fin~n~e bered paragraphs. of thiS Agreement are for convemence only. They shall not be
charge $hall continue to accrue until the e!ltir~ Pr,!~cipal Bal~nce has been ~atd In deemed part ~f th,IS "Ag~ement. ,
full or until a judgment is entered. Any judgment shall bear ,nterest at the h,ghest NO REPRESI!.N'PATJON, PROMISE OR WARRANTY, EXPRESS OR IMPLlE,D,
rate",lIowO!l by law. Further, you may take immediate pos~e~k>n ~f'1h~ ~roperty HAS BEEtl-1M1lE W, ITH R~spECT TO THE MERCHA, NTABILlTY, SUITABILITY
witH or \'Iiil/Oul court proceedings. You may, lawfully and with6{jHliila~R 01 peace, OR FITNE'SS "'OR A PARTICULAR PURPOSE OF THE GOODS OR OTHERWISE
enter upon any premises with Iree right of entry where the Property may be, and UNLESS THE SAME IS,ENDORSED HEREON IN WRITING OR IS CONTAINIED
take possession of and remove the Property. Repossession 01 the Property shall ON A SEPARATE WRITTEN INSTRUMENT SIGNED BY THE DEALER.
nOt affectyl$ur right to retain all prior payments. You may then sell the Property at The following two sentences apply only if the agreement is for the sate of a us,ad
public or private sale. You may apply the proceeds 01 any resale 01 the. Property vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS
first, to the actual and reasonable cost QI the repossession and sale, ,"clud,"~ VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDCIW
costs of storing and reconditioning If\e Property, next to attorney's fees, and fl. FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF
nally to the outstanding Principal Balance plus acc~ued finance charge and other SALE.
charges I owe. You are entitled to cOft~lr.ep~esentmg act~~l, necessary and rea- GUARANTY
son able expenses you incur in retaking, stoflng and rep~lnng the Pr~perty when
you repossess the Property without legal process. You w:1I1 not be entl.t1~d to such In consideration of the making and acceptance of this Installment Sale Agme.
costs, however, unless you have met the state law reqUlrem~nts enttthn~ you to ment ("Agreement") by the Buyer and Dealer. respectively, Guarantor ijointly and
such costs. You will pay me aqy bal~~ce remaining or pay It as othe.rwlse pro- severally, it more than one) unconditionally guarantees to the holder of the AgrEle-
vided bY' law. I am liable for,.~ny: deflctency. You m~y take possession of any ment ("Holder") the payment of all sums due or to become due under the AgrEle-
other property of mine, or ot,.a-ny of her person, located I~ or on. the Property at the ment, and the full pertormance by Buyer of all promises and covenants in the
time of repossession. If pe~mitt~~ l?Y-!aw, you may r~tam or dl~pose of any other Agreement. Guarantor agrees (despite anything in the Agreement to the contrary)
property belonging to me or.t~ar'\.~ atfler person that IS so acqutred. If g~Ods that upon any default by Buyer, to pay upon request to Holder the entire unpaid Prin-
are personal property not cc#er!id 'by the security interest granted in thiS Ag.re~- cipal Balance, together with all lawful charges. The .di~harge or release of Buyer
ment are so acquired, I will adttise you of the presence of such other goo~s wlthm by operation of law or otherwise will not affect the lIablh~ of th~ G~arantor. Tlh~S
five days of the date of repop~e5S~n of the Property. When you receive such Guaranty shall be fully binding despite any lack of capacity or ha~llity on Buyer s
notice, you will search the Prop~rty: If you locate such other goods, y.au will hold part. The Holder's failure to perfect its lien .on the Property ~1I1 ,not affe.ct 1:~e
them for five business days; ',lJUr"fng. such time. 1 may t~ke posses.slon of .s~ch . lia~i1!ty .9f ,the. Guarantor. AnX tr~~sfer or assIgnment of HoJd~r s Interest In thiS
other goods. If I fail to notifyJy.wlMthm the reqUired penod and take",pqS$llS'iIOni ,c ~g\'e'em"erlt w,II not affect the liability of the Guarantor. . <.
of the other goods after I notify you, you may dispose of such other gO?ds In a Guarantor consents to all extensions of time for the making of any or all payments
c~mmet?ially reasonabl~ manner. If you elect to .sell such goods at auction, you by Buyer, and further guarantees the payme~t of all sums due by re~on of Stich
will credit my account with the sale pro~eeds, minus your costs of sale. If such extensions. Guarantor expressly waives notice of acceptance of thiS Guaranty,
other g()ods appear to you to be of nommal value, you m~y abandon them. notice of assignment, notice.of non~payment, notice of .amount of in~ebtednl!SS
lr1-additfun to'the foregoing you may exercise any and all fights of a secured party outstanding at any time, protest, demand and prosecution of collection, fore<:lo-
ut(der "pp.le laws. Your representative may take any action you are autho- sure and possessory remedies.
ri~.,q by ,this .Agreement to take. WITNESS the signature(s) of Guarantor(s) on
If.yo~i repo$sess the Pr~p~rty: I have ce~ain legal rights. This paragraph con- 19_,
talns a, summary of my pflnclpallegal fights; I ack~awledge that I may have
other and broader rights.than these. Upon repoS$,SSlOl!'t!lrough legal process,
I shall have such rights~ receive such notices, and be liable for cq~s ojit
(including reasonable attbrneys' ~ees) as the cou~ may determine: ifyou'~ ~- Guaf~Qr r. 0
sess wtthout legal process, you Will send me a notice of repossession dese lhb 'i' '"'.'
my right (II any) to reinstate this Agreement and redeem the Property. The state.
ment will itemize the amount required to reinstate or redeem. The statement Will
also give me notice of your intent to resell the Property at th~ end of 15 days trom
the dale you mail the notice, telling me where the Property 's stored. The state. Guarantor
ment Will also tell me the name and address of the person to whom I must make
\.
.- '_~'''-~'";~~-~~~_._'<",,;;'~''''',',;,,"');_~~'''-!;.~i-;;,i!,,:~'''$>''''.'''__~~=''''''''''~=---~,;_"<_"'_""--...'"....~"""'N_",""'...,~,~"_"'...--,-'."..,__,~-_.-'-.~<--',,.<<--''-'--''''""'''^,,,.-,.-."'-'-''''~'~-=''':'''''<i.':;.'-W-":'j~hB.;,",,,,'''--~;"; <"--_"~''''' ._;.-,'. '," _'.
.
" ,
~-
'" ,'- - ,'..>. ,-~, ~ ~ ,;.. . - --' Ji;
DEALER'S ASSIGNMENT
Seller sells and assigns to the Assignee named below all of its right, title and
interest in this Installment Safe Agreement ("Agreemenn.
Seller represents, warrants and covenants to Assignee that: (a)(i) no state-
ments made or furnished to Assignee by Buyer or any Co.-Buyer (collectively
"Buyer"), Seller or any other person are untrue or incomplete; (ii) Buyer has
not financed the down payment of the Property; (iii) Buyer is a bona fide appli-
cant having legal capacity to enter into the Agreement; (iv) Buyer's signature
on all documents is genuine; and (v) the amount stated in the Agreement to
be due Will in fact be due and payable at the time or times provided therein
free of any claims, defenses, setoffs or counterclaims; (b) Seller has verified
Buyer's identification; (c) the down payment for the Property is paid in full with
negotiable funds; (eI) Seller has sold the Property described in the Agreement
and the proceeds of the Agreement are to oe used to pay for such Property
and related items; {el Seller had indefeasible title to the Property immediately
prior to the purchase by Buyer, and the right and authority to sell the Property
to Buyer, free and clear of all liens and encumbrances; (1) Seller has the au-
thority to assign the A9reement to Assignee free and clear of all liens and
encumbrances; (g) Seller will secure and perfect for Assignee a security inter-
est in the Property free and clear of all liens or encumbrances, and deliver to
Assignee evidence satisfactory to Assignee of such security interest within six
months of-the date,ofthe Agreement; (h) the description of the Property is true
and complete in the Agre~ment and the Property will be or has been duly
delivered to and accepted without revocation by Buyer; (i) insurance or other
coverage provided or arranged by Seller does not violate any applicable law
or regulation and insurance documentation and rebates of unearned premi-
ums, if any, wiJI be delivered to Buyer by Seller within the time required by law;
(j) the Property is insured by a company acceptable to Assignee against fire,
theft and collision, Assignee is loss payee and written evidence of such insur-
ance has been or will promptiy be provided to Assignee; (k) all optional credit
insurance sold by SeUer to Buyer is for the fuU term of the Agreement and is
limited to coverage of Buyer; (I) Seller has provided Buyer with a completed
Agreement and any other document required by applicable law, and the infor-
mation filled in thereon by Seller is accurate and complete; (m) Seller is Ii.
censed to the extent required by iaw; (nJ Seller has complied with all appli.
cable transaction, reporting requirements including, without limitation, the re-
quirement under Section 60501 of the Internal Revenue Code and its imple~
menting regul~tion (as they may be amencled from time to time) to report cash
receipts of more than $10,000; (a) Seller has complied with Assignee's proce-
dures regarding the Fair Credit Reporting Act (FCRA) including, but not lim-
ited to, the following: (i) Seller has only submitted to Assignee credit informa-
tion on Buyer after Buyer's signatures were obtained on a credit application
aC,cep~'e to Assignee ("Application"); (ii) Seller has not submitted any credit
trifom\atfOn on any individual whose signature does not appear on the Appli-
cation (except to the extent permitted by law, information on a nonapplicant
spouse'pursuant to applicable community property or similar laws); (Iii) Seller
has adVised, Buyer that his/her Application has been submitted to Assignee at
Assignee's,current address; and (iv) Seller has advised Buyer that credit was
:,' _~,,!,~:by.Assignee; (p) Seller has complied with all requirements of the
FRGA antj-ECOA and all other federal, state and local laws, rules and regula-
tions that apply to the extension of credit and consumer protection or that
otherwise apply to the sale of the Property; (q) Seller will promptly forward 10
the proper authorities all federal, state and local fees and taxes due in connec.
tion with the sale 01 the Property; (r) Selier does not charge Buyer for filing
fees or other costs paid by Seller to public officials to perfect Assignee's secu-
rity interest in the Property, e)(cept where allowed by law, nor does Seller
make any type of charge, including documentary or processing charges, which
Seller does not make in a cash transaction; and (s) all charges that Seller is
required by law to disclose in the Agreement are accurately disclosed.
Each of these warranties, representations and covenants is material to
Assignee's acceptance of this Agreement. If any of them is breached or is
erroneous, Seller unconditionally promises to accept reassignment of this
Agreement, without recourse against Assignee, and to pay Assignee, upon
dl!fl1ll(1d (1) tlJeunpaid balance of the Agreement as determined by Assignee,
(2)' alll6ss'es ahd expenses incurred by Assignee as a result of such breach or
untr~th, a~d (3) out-of-pocket expenses paid or incurred by Assignee in con-
nectIon WIth the collection of any amount due under the Agreement, including
attorney's f~es and costs of fitigation, whether by or against Assignee!, and
expenses with respect'to repossessing, storing, repairing and selling the Prop-
erty. In addition, Seller shall indemnify Assignee in the manner and 10 the
extent specified in the preceding sentence if Assignee suffers a loss or ex-
pense in any judicial or administrative proceedir.g because of any claim or
defense asserted against Assignee as a result of any act or omission on SElller's
part. If this Agreement is rescinded by court order, Seller shall pay Assignee
the amount specified in this paragraph.
Seller shall be liable even if a waiver, compromise, settlement or variaUon of
the terms of the Agreement releases Buyer.
This assignment shall bind Seller's heirs, representatives, successors and as-
signs an~ shall inure to the benefit of the successors and assigns of Assi~,nee.
Seller waIves notice of acceptance of this guarantee and assignment, notices
of non-payment and non-performance and all other notices that may be waived
in connection with a transaction of this kind.
This assignment is without recourse against Seller except as provided ir, this
Agreement or in another agreement, if any, between Seller and Assilgnee
relating to the financing or purchase of retail installment contracts.
Assigned to Provident Bank of Maryland, unless another name appears
here
named assignee.
, and then to such other
DEALER'S GUARANTY
Check = Initial __ Dealer unconditionally guarantees the paymEmt of
all monies due or to become due under the Agreement. Dealer agrees, upon
default by Buyer, to pay Bank upon demand the unpaid portion of the Princi-
pal Balance and all amounts owing under the Agreement.
DEALER'S REPURCHASE AGREEMENT
Ch""k 0 initial _ In the event Bank shaN elect to repossess the Prop-
erty, Dealer will, upon request, repurchase the Agreement from Bank fe)r an
amount equal to: (i) the unpaid Principal Balance, plus (ii) all amounts owing
under the Agreement on the date of the repurchase plus (Ui) an amount Elqual
to all losses and expenses incurred by Bank in connection with such repos-
session that are not included within items (i) and (ii), Dealer shall bear sole
responsibility for resale of the Property, sending all notices to Buyer and to
others ~eqyi~ed bylaw, and disbursement of any surplus received from :such
sale t&l:Bu~er:,as'Jequired by law.
DEALER'S LIMITED REPURCHASE AGREEMENT
Check =.: Initial ~_ The above Dealer's Repurchase Agreement is
hereby assumed and incorporated herein by reference, as it fully set rforth
her~f!, 'pt~~e.d"at Dealer's obligation shall terminate upon payment to Hank
by Buyer of the first regular monthly installments jf made
within 30 days of their respective due dates.
PARTIAL RECOURSE
Check = Initial _. Dealer unconditionally guarantees that if Buyer is
in default in the payment of any amount remaining to be paid under the Ag:ree-
ment, Dealer will pay, upon demand by Bank, any amount up to the sum of
$.-- .----.--_._-- .
WITHOUT RECOURSE
Check J!( Initial fi,U The Assignment of the Agreement shall be with-
out recourse against Dealer, except as provided in Dealer's Assignment and
as provided in the Dealer Agreement. However, Dealer unconditionally guar-
antees the payment of any irregular or "pickup" payment, except the fjnal sched.
uled payment, due or to become due under the Agreement.
PA 9003/A (2195)
-_~,_,,_'__'_"_" _....=_._...''''-_'"_._....~_~,~___~~_,'"''''>,_~~....."...........~~~,,..,.--'''',..,......,'"''''"'<.,...,.....".....-=_..._~"'._......'~,~_...~'-~~____...."""'~ . .........~.""v~~__....,..,.,.."""'".""""'=...="""'"_~~=..,.,_P,,_~.,.,,~-~".._ ',' _'..,., "',';".' .
~
en
m ~ :;::' g:~@s.g;!
....
.... ~::r-l :::J -;:J:::r m_.
m Qj~::r . .... en -- 0" (1J
:D " m m "U~ 3 tI) c: (if
en iQiro iD5.Cii.g 9:t1l
~ 'Il> ID (D ~.::rc2: "C
n . :E CD ~cngm. g.
""C;::;:Z -olilom=
0 fn~o ~3r:::iSlJln
"tl )>o~ CD~Orrg.~
-< (j)~Il> ::Io3mlj"
ml>>~ g.3!!l.ga:i5-
1Jl~Il> n -'_0-::1
mi>>3. <Ds.%Q~j20
)> 3. ar s'(j)tLlCD30"
~ ar en -"'C:::J !2:r::: a:
)>ens. tt1~'~8:~~
:DIDIl> ~. -5"(0....
rn~ ~ l>> -I l20cp co ~
m "" Co ::r < -.
~ :r o.CDm[Dse.g
mo. ;::;:()~c::f!1c:
0._ g ~ Q. 0."'0 0"
o Q t1l m CD ~. CD
~ - -j20CD~Ql>>
-. '" <D'::;tcUl-:;;
3 m
'!1.C' 3~-'g-~~Z
ar~ (Il '" 3 c -. ttl 0
o.m .. ):.cD a: 8: g, ::!
S' ... a" g.~' g ~
Q.S,
all> c:i" -I ~. CD-I
-. " :J~^!;p'~O
"'< ~mi8:3m
J; <0<
;:l!(l) a-lll~e::~CIl6
0 :::J::!': 3"13'0"0
0 Il> 0
=< ~ (j) CIlCOO()~
~
is -~ :::JenQ.(Ilo(J)
o 0 o(l)CO-c::l
Z ;;;0: _,c'w- CD ~
I> ,,< I ~-
,... "l!!. .g ~=<-g
.... '" - CD -. CD (1) (/)
m ::4.2: aQ.Dl-oo
" o' en c)' m _(1) ~ ::
;: ~ ~ "Il>f'"
m ~e. o:::J :::r ar
!T> ~c. ~
0 '0 S3CDg:~
~ ~
." .a CDos'tIlSl
m 0 < <!e. ';;0"
I> ~ ID ~r::: ::r:::::l
,... m ;r.
m 00 o' en 0 0-
0 gm CD~ E.e.
00 0. 0
Z < ~
3 !!l "Om om
" 5'~ ffi-o
~ mID ""'\ 0 "Ill
a ~ a<D' "'"e
m ",0 ~ <& 0
" ~c: s (I) '6"
m Sf)> CDQ. ~!!l.
m ;roo a. Q S'
m ;:;:(i) g::r CD co
is <D :::r--
'<.. I CD g: :::J
.!!! m
'"
":'i
:I>
c
;a,
S'
"
ID
ID
~
~ m
m 90*
'" 1=
::! 2 m
" " '"
1M 0 rii ~'" , \\
0 "
('1 C) ~ m f'!'l -
J: ." .~ ~ -
e: m )> m ~ C-
C) " ~=;t
" ::II:l m ~
~ d c' z "c
::s ::II:l n Q-
Q.. OJ )> m
m Z
.>-l ~ 2 ~ .- --..,
-I
2 0 < ,... -.c::.
" m - ~
~ -. :I>
l'\" m 0
:;; X ~ =- e: C>
> 0
= OJ ." -4 '1.j
,... ::II:l (5
" m 1>'"' ~
- 9 m zO :. c:::; ""'i:l co n 2
... en z' rtl 0 C:::.
0 '" -0<..:1 I!:
::s en oZ '" >. ," III ~
c:? n .. ;=
m :. l:joo::lm =:0 .......
0 (2 Ul .. 0..... ~
0 <n ~ ~ :s: x )> Q.
"" ~ 0
E:: am - *"'=,. >oj
0 000 ~f 0'" 2 "
'":(').:J 01 :;:0
0 ::II:l 0'" n tv " n (J)
c ~ " I<' l>
- ~.z <:> ~ :3 (l. ~ ~
... s: c;!;!- 11 .. m
::s C3 .
." '< n
!' -0 =:
r- C;ii ." .~ "
m Il> .~ =:0
~~ x b 0
0 " ....
"
~ .. ,o. ::
~jn ~,~ ,0
00
00 'lO ....
I a <:>'0 =:0
I u 0.>'''' !"
.. '.n
l,o 0.>'"
tv,,>
l> 0<::>
i.-- "D
!~ J!!!
i ,--:.-'
,':.::J III OC
<(J)
Q 6 :Joe:
1- "D ....~
:lII Om
0 "0 lD ~ ~
m (J)-4 is G IJ;;"
m-4 lil {\: Iii ~. hi
Fo '. ,,:..;;
m :II I" ~ ", z
:lII z "'" ~
~ "
."
.J)
z 0 ~~ it :D l> lO)
ot!1 ,,0 ID C a
ID " :..~ " " !l
(J):D CD !. ~n III 0 III
S' III
ID ID ..,"" 'C ::I
>ID 0 Cl. ::I (J)
=3 -::I "" a ;:;: ..
ID -. 3 "
~ ::1: ID ft ID - S' ID CD
.. iID ci' ::I ID
::I ::I
"''' - .s ::I '"
ID
~.
'ei- \ki. Go t"i: "\\. 'Ofi'll
;N.","",,~",,-~<"'.~""~", "'
-
-~
i
,
p ':.' ::'::'-
3<0:,1," '__:
o P,ovldent
May 21, 1998
SIMPl.E INTEREST PROCEEDS
Bonnie L. Finkey
1582 Pine Road
Carlisle, P A 17013
Re:97022091
Dear Mrs. Finkey:
-
. ..-.~;-;
-->
Z 061 451 773
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International M~I (See reverse)
Sent to
Street & Number
Post Office, State, & ZIP Code
Postage $
Certified Fee
Spedal Delivery Fee
Restricted Delivery Fee
Retum Receipt Showing to
Whom & Date Oe&vered
R_ReceiplSl'OWingIO\\llom,
Dats,&Addre5$ee'sAddnlss
TOTAL Postage & Fees $
Postmark or Date
U)
'"
'"
~
'C
~
Q
CO
1lO
C?
E
o
u.
(/)
11.
.
f
"
This is to advise you that your 1990 Dodge, serial number IB4GK54R8LX235656, was
sold on February 21, 1998 for a gross amount of$3,100.00. These proceeds were applied
as follows:
APPLTCA TION OF PROCEEDS
TO COSTS OF SALE:
Amount of sale
Less:
Cost of Preparation and Sale
Cost of Repossession
Cost of Storage
Cost of Preparing for Sale
TOTAL
Credit for Insurance claims/cancellations
Net Proceeds
TO BALANCES AS OF DATE OF REPOSSESSION
. .
$3,100.00
300.00
250.00
70.00
0.00
$2,480.00
!!.ill!.
$2,480.00
BALANCE
NET PROCEEDS
Late Charges
Interest
Principal
$ 15.39
177.00
6,432.22
$ 15.39
177.00
2,287.61
TOTALS
$6,624.61
$2,480.00
S:ILOANOPSILOA\SHELLSIFI15S.DOC
'0,(\-1:\ ~ 'i'
'\. t- II
L
REMAINING
BALANCE
$ 0.00
0.00
4,144.61
$4,144.61
_'111,,,,.,,,,,,,,",,,,,,0..:,,,,,,,,,,,",_
.
,.
,
~ -~.~~ ~
~,~
~ ~"" ~' -~-i
/'
,
,
Page Two
CURRENT TOTALS
Remaining Balance (as of May 21, 1998)
Per Diem (daily interest) from date ofletter
$4,144.61
$ .67
As you can see from the above, your total due today is $4,145.28. Your current
percentage rate of interest will be 6% as of the date of this letter in the amount of $.67
per day. Under the terms of your contract, you remain responsible for payment of this
current total plus interest that is assessed from the date of this letter.
Should you wish to pay the remaining balance due within two (2) weeks, we will waive
any interest that may accrue and accept the remaining balance of $4, 145 .28 as full
settlement of the debt. On the other hand, if the full amount cannot be paid in one (1)
installment within the two (2) week time period, your outstanding balance will accrue
interest at the rate of 6% per annum. Failure to respond to this letter in the allotted two
(2) week time span may result in the referral of your account to our attorney for
appropriate legal action.
Should you wish to discuss this matter further, do not hesitate to contact the writer at the
number listed below.
Sincerely, ~
U-~.~
Donald A. Plott
Senior Loan Counselor
(410)277-7957
DP/jg
S:ILOANOPSILOAISHELLSIFI15S.DOC
-
.,".,~~",,,_.,.,
..~
2\jcliarcf & YLssociates; 1lU.
3999 Spring Road
Shermans Dale, PA 17090
Phone: (717) 241-5884
FAX: (717) 241-6255
.World Wide Investigation. Collection.
and Repossession Service"
o~fy
INVOICE it
PROV-002
Provident Bank
7210 Ambassador Road
Baltimore MD
21244
TTENTION:
it:
ESCRIPTION:
Thank You!
INVOICE DATE
1/16/98
CUSTOMER NAME:
Finkey
UNIT PRICE
Mr. Robert Dunne
Finkey
97022091
Bonni('
Dodge Caravan
SW 1990
1B4GK54R8L235656
Involuntary
Repossession
$250.00
Please make checks payable to:
'chard & Associates Inc.
3999 Spring Road
Shermans Dale, PA 17090
AMOUNT
$250.00
OUNT DUE: $250.00
EY-\oV\;~ \.. "L Ii
_ .'0"," "
"," '11M!:
~
-",----
'",,_.",".,,~
!Richard & YLssociatesJ Inc.
3999 Spring Road
Shermans Dale. PA 17090
Phone: (717) 241-5884
FAX: (717) 241-6255
'World Wide InvestigatIOn, Collection.
and Repossession Service"
.',,"',"
BILLED TO:
INVOICE #
Prov-006
Provide~t Bank of Maryland
7210 Ambassador Road
Baltimore MD
21244
INVOICE DATE
1/29/98
CUSTOMER NAME:
Finkey
UNIT PRICE
TTENTION:
Mr;'Rob~rt Qunn~
.>
Finkey. Bonlj-ie
#: 970220n_
Dodge. Carayan
SW 199~..
lB4GK54R8L235656
DESCRIPTION: STORAGE
DATE REPOSSESSED:
DATE RELEASED:
DAYS STORED:
$70.00
FEE
1/15/98
1/28/98
14
LEASED TO: AVT
Thank You!
Please make checks payable to:
.chard & Associates Inc.
3999 Spring Road
Shermans Dale, PA 17090
OUNT DUE:
\2)( ({\ \'l, \ '\ '\ C 'I
AMOUNT
$70.00
$70.00
"
"OJ:!,
~
...
1& ~.fL~
~"~.:m~~~Ujt"""""'~!i1!I,t:,~:b"eil.;;;w"'..l-tl.H\t>>~h,%."u~~Uj:JC ,., <' ,'~" '" "',,"'
'~, 'A~"iit;Ml~
~ (:) -6q ~
.J::
i .!::
#. Yt ~ C)
~ 8 .
~ - ~
-
.0 I I
~ --....J '1:JV)
P- ~
b'"
).
"-- ~',
~
, ~"M~ ,~ ~,'" ~,,"'"__" ,~..,~~___
",.,'
"
___LliJUII(j" ~
-"
J:;f_'"
0:"."
""
u;-.
-.c
c:: l.-:-,'
~E
-<
-
CJ
i:;
,"-:-,
of)
1
e "J
...~~-
~,}
..."8
-<C
:,.j
',.,)
h)
':
'.~iiI~_'
-
~
..;.
"-~ ~'-,,~" -,. 'ri i ",_",..".
. SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06134 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDENT BANK OF MARYLAND
VS
FINKEY BONNIE LOU
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland county,Pen~sylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BONNIE LOU FINKEY
the
DEFENDANT
, at 0012:13 HOURS, on the 11th day of September, 2000
at 200 GREENVIEW DR
CARLISLE, PA 17013
by handing to
BONNIE LOU FINKEY
a true and attested c6py 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
3.10
.00
10.00
.00
31.10
So Answers:
if: ~ArC~
R. Thomas Kline
09/12/2000
MICHELLE C.
Sworn and Subscribed to before
me this IS-If: day of
~ ~ .:A.D.
q _I
:J.~' O. '1kdt?,. / ~
othonotary . '
By:
KAHAN
~1J
Deputy Sher~
, 'i!l0,
,
MICHELLE C. KAHAN, ESQUIRE
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
Attorney 10 No. 47118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. 00-6134
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOUFINKEY,
Defendant
PRAECIPE TO EN'(ER DEFAULT JUDGMENT
TO THE PROTHONOTARY
Please enter default judgment in favor of plaintiff and against defendant by default for
defendant's failure to file an answer to plaintiff's complaint against the defendant.
Assess damages as set forth below:
1. Principal amount due: $4,162.03
2. Interest: 946.04
(a) Per diem: $.67
(b) No. of days: 1,412 from
06/16/98 to 04/12/02
3. Court Costs: 85.60
4. Attorney's Fees (15%): 779.05
TOTAL $5,972.72
" -^--'" , kl,;Ii;li!i$Wi~;j
I hereby certifY that written notice of intention to take a default judgment was mailed
or delivered to the party against whom judgment is to be entered after the default occurred and
at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice of
intention to enter judgment by default and the certificate of such service is attached hereto as
Exhibit "A."
1Jk~/~ ~
MI LLE C. KAHAN, ESQ.
Attorney for Plaintiff
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
Attorney ill No. 47118
ASSESSMENT OF DAMAGES
AND NOW fYl~i /.J: ,2002, Judgment is entered in favor of the
Plaintiff and against the Defe dant by default for want of filing an answer to Plaintiff's
Complaint and damages assessed at the sum of Five Thousand Nine Hundred Seventy-Two
and 72/100 Dollars ($5,972.72), as per the above statement.
aM:&" k. ~
Prothonotary
2
ji
'v~ illI~':~
MICHELLE C. KAHAN, ESQUIRE
2536 Eastern Boulevard
PMB Number 152
York, PA 17402
(717) 846-2954
Attorney ill No. 47118
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL VANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. 00-6134
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
Defendant
To: BONNIE LOU FINKEY
200 GREENVIEW DRIVE
CARLISLE, PA 17013
DEFENDANT
DATE OF NOTICE: FEBRUARY 5, 2002
IMPORTANT NOTICE
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 TillS NOTICE, A ruDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
""
. . '-' -. ,--~--
O'iWl'
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PA 17013
TELEPHONE:
(717) 249-3166
(800) 990-9108
~~~~
MIC LLE C. KAHAN, ESQUIRE
2536 Eastern Boulevard
PMB Number 152
York, PA 17402
(717) 846-2954
Attorney ID No. 47118
Attorney for Plaintiff
-
II
.~ ".''! li1""ll1LWI!1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. 00-6134
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
Defendant
CERTIFICATE OF SERVICE
I, MICHELLE C. KAHAN, ESQUIRE, do hereby certifY that I served a Default
Notice upon the Defendant, BONNIE LOU F!NKEY, by mailing the same by first class,
certified mail, 70000600002675503544, return receipt requested and by regular first
class mail to the Defendant on February 5, 2002 at:
BONNIE LOU FINKEY
200 GREENVIEW DRIVE
CARLISLE, PA 17013
Date: February 5, 2002
~;,~~.?~ -
MiC~i:; ~~, ~SQUIRE
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
Attorney ID No. 47118
Attorney for Plaintiff
II
,. "
;1. '" T" "_i'_lW)~.~~.!i!l)lljjli~~~liMi~<.-d~&~~~+.~-aW~'il M
"Blft'notr.::.-
1 j
-
t N P ~
:C\
/:l:. ~ C> 0 CJ 0
C P,} .-n
().- -~
~ "'" :r. .-j
r- ....... -ou' ;?> ~":S:TJ
t3 !::nrr~ ,<
~ tJ Z.:~} -,';-11
ZC' _~(; i.:;J
(f'- ~ ~<;~.;, (J'"I ',;:;r;,
~ - r': '=,
- :<: "-.J -U
>'e =~ ;,~: 11
20 :-';j:(j
~ $ ;I>C: ~) Orn
~ -t
~ :.., :J>
Xi
C.:> -<
.,
,.~ -,~ -~
.
-k-_~_ -"," ,"' -~~
...'
~;
NOTICE OF ENTRY
OF JUDGMENT, ORDER OR DECREE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL VANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. 00-6134
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
Defendant
PURSUANT TO THE REQUIREMENTS OF PENNSYL VANIA CIVIL
PROCEDURE RULE 236, NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE
CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU IN THIS OFFICE
TODAY.
JUDG1vIENT OF $5,972.72 FOR PLAINTIFF AND AGAINST DEFENDANT
Dated: (17:::;'f 1.\ :lD0~
t?- HI f:;; ) j) 4-
PROmONOTARY
If you have any questions concerning the above please contact:
MICHELLE C. KAHAN, ESQ.
Attorney for Plaintiff
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
~N@ll;j,M*flihi>_lAtHi.,"",;<-6Ol'~-'Jij;j;1&;!k~~..~.kiIl!~I~~",*~~ili*~kii1~~t!i;r1~1 'n-""'"
0 0 ~~
c: 1'.) ..
Z :x
=.
-olU :='J;ilIo "T'
fTlrTl -< p
Z::C :~~?
~~ en
kG '" ~~1~:
~Q 3.': i-~~6
5'>~ ~? -::--,:::~
~
-~ ~
~ :.0 ~
0
-
~ 'w
--,..,.""". C.,
.'.
MICHELLE C. KAHAN, ESQUIRE
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
Attorney 10 No. 47118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL VANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. 00-6134
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
Defendant
AFFIDAVIT UNDER SOLDIERS' AND SAILOR'S
CIVIL RELIEF ACT OF 1940
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF YORK ) ss:
MICHELLE C. KAHAN, ESQ., being duly sworn according to law, deposes and :says
that the above named BONNIE LOU FINKEY is not in the military service of the United
States of America as defined by the Soldier's and Sailor's Relief Act of 1940 as amended and
that said BONNIE LOU FINKEY is over the age of eighteen (18) years ofage.
~;~~~
LLE C. , ESQ.
Sworn to and subscribed
before me this I () ~ay
: m~~~l
NOTARY
Notarial Seal J
Linda K. Parrish, Notary Public
York, York County
My Commission Expires Jan. 24, 200S
Member, Penm;ylvania Association of Notaril~S
Notarial S~al
Linda K. Parrish. .'ic'ery Public
York, Yor~ (:"i' ntv
My Commission Expo" 24,2005
f,~':>-11ber. Pennsylvam,: < ',. ~>!':'f' ot Notaries
II
, ~
~'fi~4!'Jif~m;ffi~l!ill!MIi'!iIil!'~'i1I~!~IJ;!WJ:tlWi!';;]l'!!l!>~~,,~-wtkl"""~.L.::i
,-~ ~.
, ""~
,~,.~ ,~ ~.
.I:IllIilitl!i!l1!iJ.Ql-tl
, ., .~ ~~, ,
-
0 0 C)
C f-v -ri
<' :x
-065 ;po
mnl -< r
Z::X")
ZS;: (;.<"1 -'~b
~:z: 01
<--C.1 .....1(,.)
-0 --,'"'r-i
>(-. -"-,"
~ \ ).-1
Z" 5~
...-C) t~,
Pc
Z -I
~.l,) >-
=< ;J.J
(::> -<
-,-~---~-
~ ~"- ,~
,,, -"~
-~
" ,'..L
, l+_~---' ,_
!& ~~,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL VANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
NO. 00-6134
vs.
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
BONNIE LOU FINKEY,
Defendant
CERTIFICATION OF ADDRESSES
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
I certify that the address of the Plaintiff, judgment creditor, is 114 East Lexington
Street, Baltimore, Maryland 21202, and the last known address of the Defendant BONNIE
LOU FINKEY, judgment debtor, is 200 GreenviewDrive, Carlisle, PA 17013.
Date: April 11, 2002
~A5~_
MIC LLE c. KAHAN, ESQ.
Attorney for Plaintiff
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
Attorney ID No. 47118
,
Ii
-, -.tj>,~&,--"""'""iI-~H'I;;.W"jrt~~t!'iW'oll;Oill~':';_~~~fOOJhi!ii(j!E",.ih,%Moi:"'~,,*,,,J"f_.~
~'.,~, ,. -
~-
I.
~
[
~
I,
I
I
t
1
I
r
t
(') a 0
C l"V -n
s: 3:
-ow :):'iI'o ;I1
mrTl -<
ZT .-;--;m
~~: ()'1 .50
'--~~
r:o -0
'<
)>..-} :Ji:;
z'-- ~c,
-CJ ~, om
Jo>c -\
~ >
~ G) ~
(:)