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HomeMy WebLinkAbout00-06987 , " '"'.-- ,," ~., I ,: ";'.-,-,-, .-~-- ^"i- -' ~,'- '; T ,--..-.,,' "", "_ ,," ,,_ "~_'~_" ," ",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. 00 - &:. 9P7 eu'll~~ CHAD W. MITCHELL 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 Date: October .l!L, 2000 KEEFER WOOD ALLEN & RAHAL, LLP By, ~e ~ky, J', Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -'"\V::i~ . --'-'~ ",-, ,. '--I' ~. --~ ,~.J"':'~ ,:'",,- ,,' -,- ;"" - ',,-. -... -.. ' __-",:i-_:;'~<:,~,~,~';,--;:__ <_~__ 'w _ 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 NO. tYO- (g9'i1 CluJ ~ v. CHAD W. MITCHELL 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 Chad W. Mitchell, is an adult individual living and residing at 101 E. Locust Street, Mechanicsburg, Pennsylvania 17055. 4. Defendant, as buyer, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with L.B. Smith Ford, Inc., as seller, respecting a 1998 Ford Taurus, VIN # 1 FAFP52U6WG265997. 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. ,,",~;q;?;-~ - ~,- ~ - .- ~,~~,,,,,' ',,' I'" "-':',.':"'-'''--'. '" ';;e;;.~" -0"'';':''''''>' "-"j,;:.,~:,,i',~';;;', ,'j:;:)'; -_:':;~><:;",__ ~J >_'" 5. The Contract was subsequently assigned to Plaintiff. 6. Defendant defaulted in his obligations under the Contract, and the Vehicle was repossessed. 7. On September 5, 2000, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $5,377.17. 8. Despite Plaintiff's repeated demands, Defendants have failed and refused and continue to fail and refuse to pay the current balance owed to Plaintiff under the Contract. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $5,377.17, together with interest, attorneys' fees and costs of suit. KEEFER WOOD ALLEN & RAHAL. LLP. Date: October JJ2.., 2000 By: ~ Eugene . 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- " ~Jtj'~,2) ~=~ ~ -~" ~ i I . '~" ~", VFRlfl~6.TIO"l 1. (S}He is LlS.o... A, A/{u..s. h . hereby verifiea and states that: A V {J of Harris Savings Bank. Plaintiff herein; The undersigned 2. (S)He Is authoriZed to mOlke this Verification on ita behalf; 3. The facts set forth In the foregoing Complaint are true and correct to the best of (her}hls knoWledge. lnfonnatlon and belief: and 4. (S)He Is aware thai false statemen~ herein are made subject to the penalties of 18 Pa. e.s. S 4904. relating to unsworn falsification to authorities. J'-4 ~ '{vIAl--- Dated: /ollv ~ . ,2000 '~,5-~ rou~Pay~entSchedUlewill be: No. of Payments AmountolPaymenls 60 1 227.84 1 N A Filing Fees: $ '5.00 '}y"" ' late_Charge: If a payment is late, you will be charged 2% of,the,portion 01 the payment which is late for each month, or 'part of a month greater than' 10 days that it rem~'in; unpaid. ,','1, iee below and an~ other Conl,ract documents for afly'a~diUonal informatian about nonpaymellt default allY required 'repayment ill full belore the' SCh~dUI~d' d~'ie; a~d' prep~yment 1!fundsalld penalties, ' ','..- :" "" ,"h I~' !, , '_', emean~estimate -" ITOR'VEHI,~LE INSTALLMENT~ALE ~O~TRA~T. - ANNii~ PERCEL ,h :..~TE The cost 01 yaur credit as a yearly rate. Da,ted AII(~llo.:'I' ',(1'-;'1' U9, Amount Financed The amoulltof credit provided 10 yau or 011 your behall. FINANCE CHARGE ThedoUaramountthe credit will cost you. TotalolPayments, . Theamoulltyou will have paid alteryoll have made alf scheduJed paymellts. j';' % ')$'"j, "i)':I";" ,$,1' 1 ""'" 'I':;': """.)1,; ~';, 855 ()O':J~/.3> T olai Sale Price The total cost of your purchase 011 credit illcluding your downpayment oil 2,500.00 :,:: ",I.:, 1" ..!, ." ',',;:,',i') ,',V WhenP~ymentsAreDue Monthly, beginning OCT 99 Security: You are giving a se"curity'interest in 'the motor vehicle"being purchased. .,:,: " . ,', '" .',' '" '1;-"-, Prepayment: If you pay off early, you will not have to pay a penalty. ',~Vi ' I, .. j i ,; ~-" ::> '!~~2.'. ~ atu~ofbo!h Buyersto-be.insuredfor JointCreditlife.lr~rance '" ' .,Signaturesofboth Buyers to be insured for Joi_nt, ' '~;";:JI":'" \,,_~f ,0 $"'_' Credit Accident & Health Insurance .'1"" "~I j" .~ ,;1'11' .-~: ,'~n",:'fl<'~~I", = To lrer. ",'!, :__1',' ':"', ':(il! ~ s' IICLE: You have agre'ed tOJP,urchase~' under, the 't~:W,~"oON~:~ntrac~'.!h~' fol[o~ing motor vehicle and its exlra equipment which is called" ~ To ~ehicle~ in this Contract 'j ";<: ',' C1Y. :j?(i) "Iii (I'i I'~' ,,~_. t".' , , :,1 ,,~ ,I", 'Ii _" ,,~ ,: '~.,:I $ , tJLlt" "lmanllMm" ~" ,''',M~', "!lo.];)1. !n!J:J<1on~ s.rtol~' AmountfiJ!'l'~"IJOu.ou Y8 TAURUS,",,,,,, 6", 1fAfP52U6WGi65YY'1 1 j:'ORD __ ,~U~,,,,~UN. t ',H" Fina;C~ChaI:K'.6)O.,:~o ippedX ~A.J{ ~rS~,X,~,A~-fM ~~r~?o'i'I:,:.;-:!,;,;5.~p,~-:,,:~ 'I~m,er I _A.C._P.W. _AM.FMTape' ..:-VmylTop J,J .Total of,Payments(Time,Balance), II IGNE~We,mafassign thil'contract and,~ecuritY,4gniement to a sales finance company which is the ~Assignee: If the Assignee assigns $ .:' ,,1 ::.s, 0"1 U _.;:4 U Contract to a subsequent assignee, the term also'6fers to such subsequent assignee. After the assignment all rights and benefits of the Payment Schedule- You agree to pay !r in this Contract and in t~e Security Agreement shall_belong to and be ellforceable by the Assignee. The Assignee will notify you when to us the Amoullt Financed plus interest in ifSellermakesan~ssignmenl . !:lY SECURITY AGREEMENT: To secure the ~ayment 01 all sums due and the performance of all :required obli~ations under this Contracr,'y'ou give-a security interest in the Vehicle, in all parts (called accessions") attached to the Vehicle at any later time, and in allY proceedsaf the Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and unpaid under this Contract agamst any of your money on deposit with Assignee. This includes any money which is now or may in the future be deposIted with Assignee by you. AssiRnee mav do thIs without allY prior notice to vou, ADDITIONAL TERMS AND CONOITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE FRONT AND REVERSE SLOES. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN 8LANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN, KEEP tT TO PROTEC6'URlEGA,L,RlgHTS.. ",', ':.ftI'" BUYE~, "hr<t{~,(fk#:~.q". .,.: 15TH lisConlract Ire, SELLER, L B SMITH . ,-, Name 12TH AND LEMOYNE Address MARKET STREETS PA 17043 Zip Code , , FORD INC "~ '" ./ 10i'''E Lo.CUST ST BUYER(S).CHAD "W,MITCHELL,'v,1 '0< ",' :11''' ,;I'MECHANICSBURG ' PA 17055' ~;': <:; ::::, - Name(sl'. ''- n ',:~:_:Il.;':.' '<;l';',i,Addt~~S[es) . i'" Zip~Cildel.s)," lere is 'more thall one Buyer, each promises, separately and together, to1p;iy all sums due us and to perform all agreemellls-ill this Contract. ' ,DE-IN: have traded in fR!I~~i.~~,~~hicle.: .. "'_' _ ", . '," ,,' _' it, .. N/A N/A NIl\. ~: , ,,~I:;. ~,lo ',' _,.r~,~r ~n~i ~ak,e ""'- - ,\', '", c. .;" "F, , ,:",: : ,.i' ~escrlp~lon -, . ", ' ,'- :~:::,-' ", ' balance is slill owing on'the vehicle yWhave traded in, the SellerwiJt pay off this ,amount on your behalf. Youwarralltand represent 10 us thai trade.in is free from lien,'claim;ellcumbrance or secu(it.y interest, except as shown in the Itemization of Amoulll Financed as the "lien Payoff." IPERTY INSURANCE: You may choose'the person through whom insurance is obtained against loss or damage to the Vehicle and agaillst Ility arisillg out of use or ownership of the Vehicle. IrI this Contr act; you are promisillgto insure the Vehicle and keep it insured. DIT INSURANCE IS NOT REQUIRED: Credillife Insurance and Credit Disability Insurallce are nol required to obtain credit, and will be provided unless you sigll below and agree 10 pay,the additional cost{s), Please read the NOTICE OF PROPOSED CREDIT INSURANCE" he reverse side. Your insurance certificate or policY will tell you the MAXIMUM amount of insurance available. All insurance purchased be for the term of the credil. ' .' " , igning,youselectSingJeCreditUlelnsurance, Whal is your. :~COSiS$il';- N/'A1W;'-iIii , ",,~ trage?~':Years , "'j .',,,':' ",', IJO' ,S'.);I . , ",' \." _,,;~, " ','. , '-'~ I c 1, ' : Bysignipg,youselectSingleCreditAccident& What is your 'Health'lnsurance.whichcosts$ age?----..:Vears' I:: ,.I,-:'! "~":~/A "'~.',:,:,i1 Signalure of Buyer lo be insured forSingleCreditAccident& Health Insurance': :\ ,atureorBuyertobeinsuredrorSingleCredilUfelnsurancel'" igning, you both select Joint ., litUle,lnsurance, which costs $ Bysigning.youbolhselectJointCredit Accident&Heallhlnsurance,whichcosts$ NIl\. !".-'Whalare' ",,: .you,rages? N/A' What are Percentage .yourages?,lobe- insured/: -~% ,~" , '1. HARRIS SAVINGS BANK, 235 North Second Stree~ Harrisburg, Penolylvania 17105 ! "'--'-",,; '.':'_" ..),! ,~ ",.-N ,L,-" I ':',:"., ,d'j~" '"\-:i' ," ~c:"1 ",":~;-d)?"i;Ir''',' :-'.',-q SIGNER: Any person signing the Co-SIgner's AgreelT1ent belo\,! promises separately ~n.d together with a!t<i?:~lg~e,{s); an~ iluyerls), tQ1P'aYi' umsdueandlope(formallagreementsinthisContract,Co-Slgnerwlllno,~be an Owner of theYehicle. ' _ ." "; "-j,,JII_"U' ",lL(J,l! ~'-, ,-, ;''''f! ";",' " .." ::', ,- ""'1' ", .,,-, ~'" "'w,r""" ;:..to,' t..-. .-' _', ' - '" ".", r"" .,/.- ;;~:" .' ,- -., '1" ' ~WNER: Any person signinglhe Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and ther with all Co-Owner(s) and Buyer(s), to perform all agr,eements in the Security Agreement and all other parts of this Contract except the mise to Pay. section. ' ,', MS: The lenns shown in the boxes above are partolthis'contract MISE TO-PAY: You agree to pay us the TotalSaJe Pric:e lor,the' Vehicle by making the Cash npaymenland asslgningthe Trade./n, if shown above;Orl or before the- date.of.thlsConlract.and 19 us the Amount Financed plus interest You promise to make payments il1.accordance with the lent Schedule. You promise to make payments on or be/ore the same day of each month as the paymellt due date. You-agree to pay all other amoullls which may become due under the terms lis Contract You agree to pay the Seller or Assignee cosls of suit. You also agree to pay lIlable attorneys'lees if Seller or Assignee hires all attorney 10 collectamo unls due under lhis ract or to protector get possession of the Vehicle. You agree to make paymell ts at the place or to I paymellls to the address which the Assignee most recenUy specifies in the written notice to you. ;igning below, we agree to sell the Vehicle to-you under the terms of this Contract J '" I" ';j tl ,~~Ml '!'tji"I.: r-OHU ING~d ^'~,'1__iJ~i "':1 ;a:il; ,"'I" !It. 'vh,,; '<'" ',; M/t;.;, '. ' 'J "~, i:'t; '< eUYER !". IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND flROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MON.EY O:N DEPOSIT W!T.I:IlHE,~SIG~,EE~ ,Thls Contfact'Js:between Selle'ralld Buyer. All 'disclosures ha\le:been'made by Selk!r. Seller "intends 10 assign t1iisContractto lheAssignee: Itemization of Amount Financed Cash Price $ Cash Downpaymenl '):0' $" ,2"500.00",, .Trade-In"e' ',_,j Value of Trade-In N/A $ lien Payoff to: 1 Unpaid Cash PrlceBalance S 10,180.66 To Credit Insura.nce CompallY ''5 1 N/A ~ ToPublicOfficialsfor. J!l e License, Tags and Registration , ~ $'''' ,) '28.50: lli,e~lee., ~ $' ~ To $ 12,q80.66 ,5. UO ,(.:;).vv "ov.-O"l, j" N/A. !V~, 22'1.81 payments 01$ je.ac,~'J1_2~/,~ i/ll~I.-},~yment. of ~,,",.;1 i":":"',lo/!15en~1 r I!JY9Ient,y.o!'lbedueon r.iil '-,andthenpaymenls will be due lln thai same day of each month following. "',e)--" e,!' "08Ijl/!iy ',:;)~~h:~;' "~at~::-',:::;: :.:. i.e.:., ,.1 ,,V" "'.<c: "'(SEAt), Date"1" i', qi -SIGNER: YQU;'SHQULD<READ'THE,NO,TI,CE,'I:.Q,:CQ-SIGNER, WHICH HAS BEEN GIVEN TO., YO.U ON.:A'S,EPARATE DOCUMENT~ BEFORE NINGTHECO~SIGNER'SAGREEMENT.,,;:,~,:',,' ,::< , -',,' ". :., ' , -SIGNER'S AGREEMENT:,You, th,e persoll- (0; persons) signing below as "Co-Signer," promise to pay to'us all sums due on this Contract and to perform all eements in this Contract. You intend to bi: legally_ bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to Ute us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have de any prior demand ,for payment on ,the B_~~~,~ or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. ",\: , S:i:sner.'~ ~,ig~~t,~f,~!,,' \ j ,. , :1'1' ; -i.,il,)~: t. ill 11" ,ni!' ,;;:111'/.1 Bl1f ~:'&fi:"d(!'11 'i ' SEAL) ,--,' Address Date " , :;'" .:~i:, " 'I: 1.:', (SEAL) , Ii:'" 'bl);, Address ",1-.; " ',-,',1, Date-'!' "<1'1!: "FIJi S,i8;n.e(s _Signa~ ur~_ ':'''' '" j 1;'1;11 ,..','a:"~' ,1".,1'.," OWNER'S SECURITY'AGREEMENT:'You;}the'person signing below as "Co-Owner," together with' the' Buyer or otherwise being all of the Owners of-the Vehicle, 'us a Security Interest in ,the Vehicle -identified;above: You agree to be bound by the terms of the Security Agreement and all other parls of this Contract except the mise To Pay" section. You 'are giving us the w-'urity interest to induce us to make this Contract with the Buyer, and to secure t~e payment by the Buyer of all sums due his Contract. Yau wiJI not be responsible for any' deficiency which might be due after repossession and sale of the Vehicle. (SEAL) Owner's Signature . : ,:3;+ : ::. '. _ Address , ,_ I ~ate YER, CO-SIGNER AND CO-OWNER"AS.AmICABLE, ACKNOWLEDGE RECEIPT OF ACOMPL,ETED COPY OF THIS CONTRACT THE TIME OF,SIGNING.' ,,,,,.,,,,',,"''''''''''','," " , ,.,,' ,,' "',' f1J.~,.( (.)/Yl:1:-1 ,of) '., "i,(f'?' """'...~"'""""'""""'".....,............~"'<~~ - ~ - ~ """~'l111' ~I - ~ --- . , '~A~" j-\!J!Jll(UIU\.LlL.M\,)t\I\l.lJ\Al(WIIIU(lj,~ _" '_ ,. ,"--."-~: I'j' -lOW ~HE TOTAL OF PAY~ENrS IS €o{p~~: The Totkj 'oi Paymenls is if1~ su'm of the ,mon~y: ~d~a~~~fas we alone may specify:' (i) immed'i~teiy o'~ dema~d,.of {iii al~tJll~::r .. unt flna~ced,and, the Plnan~e Charge. The Finance Cha~ge consists solely of interest monthly payments. If ~e ~w to aUow you to {epay the tl\nney advaoceH,.,,; ..........,.:'j'~ur puted dally on the oulstandmg balance of the Amount Fmanced. The Fi~ance ~harge monlhly paymellts, we can c11bose the amount of these payments a1,1d~'/- AI,'~~/have 10 vn on the front side has been computed on the assumption that we Will receive all repay. If any of our fights stated in this paragraph are not permill~,' , )l still have the ~enlS on their scheduled due dales. _ othe! lights menlioned. Our payments 0I'l your behall will not cure 'you;-Iail~re to perform ;OMPU!ING I,NTEREST: We will charge interest on a dailY baSIS on Ihe outstanding your promises in thiS Contract. lce sublet! !QJntljfe~dt.9n ea~h day of the Joan term. \he daiiy interest rate is equal to the 12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co.Owner or anyone Jal P@rce~!age Rate IVrdM by the num.ber ot.days In that calendar year. Buyer agrees of them. You will be in "Default" of the Contract if an f Ih f JI" Uf because ',nterest IS calculated on a dally baSIS, late payments will result in additional happen' ' y one, or more 0 e 0 oWing II1gs est (~nd, If applicable, a late charge). Early payments will result in less interest being a 'i uo \ k' be' . " , ged. /:.arly an~/Ql'(la~e J!ar.m,eqts will cause the amount o!it~e final,paym,eotto change. b> 'Y~u d~I~~r~~~ a~i ;~~~:ell~~ :adeff~~~~sc~~f~~t. or _' ,_ \' .; -' ' ATE C.HARGE: Buyer agrees to pay a.late charge for any paymenl not. made within 10 c. You do not keep any promise you made in another Co~tract, Note, Loan or Agreemen't after lts.,d~e date: The late charge, WIll be:~~ per.wanth till ,the unpaId amount 01 the ~ith Seller or 1Issignee; or ' , lent We ~III conSider any part of a month In excess ~f 10 days t.o be a full month. The d. You made any untrue statemenl in the credit application for this Contract; or char~e Will ,be due when earned. No late ~harge Will ~e due If the rea,son tha,t,t~e e. .You c~~mitt;ed,a_~y forgery in.con~ectio~ with,this ~o,ntract; or ,,_\ lent IS late IS be~ause, atl~r delaull, Ihe entire, outstanding b~lance .on thIS Contract IS ,f. You die, are conVicted of a crrme rnvolvrng fraud or rlishonesty or are found \:iy a court No late charge Will be.due If the only reason that the payment IS late 's because of a late With jurisdiction to dos_o to be incapacitated; or i\ \l,j , se aS5essed on an earlier payment . " . g. You Ille ba~kruptc~ Of insotvency proceedil\-g~, ~nnyone mes bankruptcy or ,PPlICATION OF PAYMENTS: We Will apply payments In the follOWing order of priority: InsoJvency proceedlllgs agamsl you; or to interest; and then to late charges, fees, principal and any other amounts you owe in h. You take the Vehicle' outside the United States or Canada without our written consen~ mer1hat Vlechoo-se.. ,',' ,-~, or, , ),. . '1, REPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any i. You use t~e Vehicle or allow someone else to use it in' a way that Causes it not tulle_ witho'uf penalty:lf you prepay the Contract in part: you agree to continue to make' co~ered by your rnsu~ance; or"",."~, ", :,' -,-:, - "c' ,--' larly scheduled payme.nts until you pay all amOUnts due under this-Contract. .This will J. !~u do somethmg that causes the Vehicle to be subject to confiscation by government cethe number of payments you will make. ;.:T::.J;'!}['!';;: ")'~j>i;:,(':,!': GIt~/, authonlle~;or. ,- " ~IYERS. . C V) \' J J-\" -j , !\ i. ,,,k. )~eV~hlc.Je .IS lost stolen, d~~!.rpyed P{ ,d~I1}~,~ed: ~eyoJ1~'le~on9rrical.repair, and not ..WAIVER By'SEllER:AND ASSIGNEE: We and'Assignee waive the right to treat any frxed orlound wllhl~ are~sonable \Jme; or . :. .'.,'. -.. .' ~rty a$ security for the repayment of this Contract, except for the Vehicle and the other r. Another creditor tries to take the VehIcle or your money on depOSit wJth ASSignee by rity specilically mentioned.in this Contract 'l'~ : 'l'~_:: j ~)( !.: leg~ prF~' WAiVERS BY BUYER, CO-SIGNER AND CO-OWNER: Yo>> agree.to make all payments on i ' 13, O,UR:RIGHTS IF YOU ARE IN DEFAULHFJHIS.cONT:/lACT:llf you-,,,r~ in Default of this lfore t~e~, are du~ ~ithout our havi~g to ask. If .you don't we may enforce. our rights Contr~ct w~ may enforce our rights according to law. We may also do, the ~hillgs specificallY lut notlfymg you .In advance. You give up any rrght you may have to reQuJre that we menlloned rn thiS Contract We may do ons of these things and at Ihe same lime or later do 'ce .oU( rrghts agarnst so"!e other pe~on or pr.operty before we enforce our righ~ against another. Some of the things we may do are the following: , ' " , ' Yo~ agree t~~t we ~ay give ~p our nghts agarnst some other perso~ but n~ta~msl you. a. ACCELERAtiON: We can demand that you pay to us the entire unpaid balance Q~ing lIalV~ ~I!~ P!I\"Ienc~ T collection and all defenses based on suretyship and ImpaIrment of on the Contract and all unpaid Finance Charges and other money due. You agree that you will teral_or secunty, pay this money 10 us in one single payment immediately UpOIl receiving our demand, ItTEREST AfTER,MAiURiTY AN\) JUDGMENT:" Interest at Ihe rate provided in Ihis b.1REPOSSESSt(lN: We call repossess 111e Vehicle, unless prohibited by law, We can do ~acfshatlcontinue'-io accrue on the unpaid balance unUl paid in full, even after maturity this ourselves, have a Qualified person do it for us, or have,a governmentoHicial (by replevin) or after we get a judgment against you for the amounts due. This will apply even if the do it for LIS. You agree that we can peaceably come on to' your property to do this, We may Irily occurs because of acceleration. If atany'time interest as provided for in this lake any other things found ln the Vehicle, but will return thesethl ngs10 you iI you ask. If you graph'is\r\at permitted by,law, interest shall'accrue at the highest'rate allowed by want these things back, you agree to ask us in a letter sent to us by certified mail within 24 cable I~w beginning at that time. ~., hours. If you do not send us this letter, you give up any claim to these things. You agree that 'OUR PROMISES ABOUT OUR SECURITY INTEREST: YOll will not permit anyone other we may use your license plates in repossessing the Vehic.le and taking it!o a place for storage. us to obtain a security interest or other rights in the Vehicle. You will pay allliling fees c. ~OLUNTARY DELIVERY: We can ask.yo~ to give us the Vehlcl~ at a reasonably ssary tllr us to ohlam and maintain OUI security interest. in the Vehicle. You will assist us convernent place. YOll agree to gIVe us the VehICle It we as~. '. ' . ving ollr security interest noted on the Certificate of Title to the Vehicle, You will not sell . d. DE,:^Y IN E.NFORCEMENT: We can delay enforCing our nghts under thiS Contract le-<Jway ~~~Y~hic5' rr some,one puts a lien on the Vehicle, you will pay the obligation and Without losrngany nghts. the lieO. - 14, SOME THINGS YOU SHOUlD KNOW IF WE REPOSSESS THE VEHI'CLE: If we repossess OUR P~OMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and without using a government official (by replevin): "i.J ;'" "." I"~ r. Yoi'wil%ay all taxes and charges 00 tlJe Vehicle. Yoo, will pay all C\l-Sts llf maintaining, a. NotiCE: We wiR, saoo you a Notice.of Repnssessioo to your last address 'Il~_ know a.bout. 'ehicle. Xou will notab~se,th~ Vehicle or permlt anything 10 be done to the.Yehicle whieh This Notice will tell you how to buy back (redeem) the Vehicle: You ivil(NOT have the right to 'educe Its value, .o'her than_for norf!lal wear and 'use.,~ou will not.use the Vehicle for reinstate the Contract'This means you will have to pay the total balance on the COlltract and ,I PUrp05e5. Drier hne er lease. You 'Ill11 not mO\lethe'Yetncle from ~our address StlOWIl on other amounts due. You may not gel the Vehicle back by paying delinquent installments. This rQnt~of thiS Contract to a new permallent place of garaging WIthout notifying us in Notice will ten you other information required by law. nce. - , . ;,', .. ,':'i ' b. REDEMPTION: You have the right 10 buy,back (redeem) the Vehicle within 15 days of rDH~ PRPMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, the mailing o! the Notice and at any later lime before we sell the Vehicle. If YOLl do not and c.ollis,i9n until all SWTlS ~ue us are paid in .Iull. The insurance coverage must be redeem, YOLl give up all claim to the Vehicle. actl\-Y'to us and 1irote.ct-jourintefests. and our interests at the time of a.ny insured loss. c. SAlE: If you don't redeem, we ~m sa~ the VelUcle. The money received at sale ~m be nSliraOGe.must name-us as "Ioss.payee" on the policy:The insurance mLlst be written by used to pay costs and expenses you owe, and then to pay the amount you owe on the surancecolJ1panYQu:aljfje~todo,businessin Pennsylvania and licensed 10 sell insurance Contract. e state'~here Ul~~e!'lt11l'~ j1l!rn'ia1,\en1IY garaged, The ~nsuTaflce JlO~cy ~ust proVide us d. SURPLUS OR DEFIC1EIiCY: llthere is money len, Vie will pay it to the Buyer. 1I there is at least'lO.days .'PrlOr wfltt~n noflce .of an~ cancerra~on or.reduction III coverage. On not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what est,_you shall dellver..the pOhcy or othereVldence of IIlsurance coverage to us. In the is still owed to us. ~ of any 10.5$ or,~~mage to the Vehicle, you will immediately notilY u.s in writ.ing and lile a e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for ,of loss With the'lflsurer. We may file a proof of loss on your be.half If you fad or ref~se ~o sale (lnd selling the Vehicle as may be allowed by law. These costs will only be due if: ). We may ~ndorse your-name to ~ny check, dra~'or ~ther mstrument we ~ecel'ie III L Default ex.ceeds fifteen (151 days at the time 01 repossession; ~ent of lln:I,n~llred loss ~r return Iflsur~nce ~rem!uf!ls. ,We m~x ap~ly. any Iflsu~ance 2. The amount of costs are actllal, necessary and reasonable; and . eeds we receive to repaIr ,.or replace the Veh!cle If, JIl our opllll~n, It IS e.conomlcally 3. We can prove the costs were paid, .~., -",' , . ble-and you are notther III default under1hlS Contract. o.ther:wlse, we,wJlI apply Ihe 'ancl!lplllceeds',IO;(educedhe'unpaid balance due us.,G. '~f' -' - ,c" >" .1,_" 15. HEIRS ANO'PERSONAL REPRESENTATIVES BOUNO: After'your death, this ContractshaU ~UR. RIGHTS IF YOU BREAK.YOUR PRO~I_S~S A~.OUrIW~ ~WYRI!V: ,INT,E~EST, be enforceable against your heirs and person~! ~~~~5f'~~lt.ivesofyourestau;., ' . l' elE QR ~NSU~A~~f::.lI you. fa'll.t.o keep your promises to pay Iiling lees, taxes, liens or 16. GOVERNING LAW: 1his Conuact is to be interpreled according to the law' 01 Pennsylvaflla.. sts necessary to 'keep' the Vehicle in good condition and repair, we may advance any 17 SEVERABILITY OF PR-OVI'SION'S' : "I' f . ,!\'! . " Y you promised to-pay. If you fall to keep your promises about required insurance, we .' . . or any reasoll any pa~ of thiS Contract shall become dvance,.mo~~y tq ob~r1.insurance to cover Joss or damage 10 t~e Vehicle. We have the l\leg'lll, \Ioid or unellfOfcea.bl~,that part sh'llll l1:ot ~ a part ot UlISCQllbact e of whether or not to advance any money for these 'purposes, Such insurance will be 18. ASSIGNMENT BY BUYER: Buyer shall not aSSign this Contract ., f d to an amount not greater than you owe on this COlltract. THE" INSURANCE WE 19 Ttif.RE ARE NO YlARRAtmES BY SEllER EXPRESSED OR IMPLIED INClumtm n\f. HASE MAY BE SIGNIfiCANTLY MORE EXPENSIVE AN,D PROVIDE YOU lESS COVERAGE WARRANTIES OF MERCHANTABllITY.ANO' FITNESS FORA PARTICULAR PURPOSE INSURANCE YOU COULD PURCHASE YOURSElF, ' 'UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SEllER ill add ;1ny money we advance on your behalf to the balance on which we impose ENTERS nno A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE' OF ce,Charge:s,a\Jhe Annu~I,~~rc~~.ta~e Rale of this Contract. '(~~ ~~r~,~ to ~pay t~e :;" THIS CONTRACT. ,., '" (",,1;11>, i r'.Guide Wihdow'Sticker. If the Car which is described on Ihe face of this Contract has.a Buyer's Guide, Window Sticker required by the Federal e' C' m,'ssl'on Used Car Trade Regu'la'tion 'Rule' the following no'ticeIanplies::" ,. : '. ."',11" :',n,)~l Jir":I~: ";',), ':l;':~:;i,: l<J 'J'IJ lIi11ll1!l~ 111'1: J'l '{llf\ ,:; d.J;~:-~'.,'" om , ' ,,> . _ ,- ,. t: ._" ' -'__' : "" ,,' c, \"'1"I~ ,\:'1 f"_'~,, --:. ",~I \1" :"'1"'-''''',\'3<: Il~ '(l''''~''',\ '" ',-", ",~-, "11'1;> i , The informatioh:yoU\~ee,onthe wiOdo,w form fo, this Vehicle ,is part of thisContract.'lnformation'on the window form overrides,any c. -' t ." th" I" 'I, \t":~ "-t' f'-' "1 ":~I>~' ",,5', ," '" ".'. _,J'." . "" '--.-i, ;'u,' ,:),1 '" 'Ii:! :. ,,,'Jlf;,,!)IW' 1:>>. " 'r' ;: !~"""J ",' ~'<Jj ;1':.".).'" I-N; \-'10 ;_ :", ;, ,; ,: ,~lh'>" >ij1-conraryprovlslOnsm ecqnrac-o,,.sae."'c';.(l"""','_:" r :".. ';'-"'-"',,;,'; ,'-':,.,,,,", '1"";1,)..-",."" ',_" ,; CE-ANY HOLOER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMSANO DEFENSES WHICH THEOEBTOR COULO RT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEOS HEREOF. RECOVERY UNDER BY THE DEBTOR SHALL NOT,EXCEED AMOUNTS,PAI,D BY THE DEBTOR HEREUNDER.' N.OtICE OF-PROPOSED,CREDlT INSURANCE , ", _ ,,_,' " , igner(s) of this Contract hereby take(s) noliceJhat Group,Credit life 'Insurance .coverage or Group Credit Accident and' Disability. ,Insurance, coverage wi!! be applicable to this act if,so marked on the_-:front-ofthis Contract.'and.each such 'type' of'coverage will be written hy the insurance"company named. T~i~ insurance, subject to acceptance by the er;'COVlllS only the' peTS!)1'i or'- persons s.ig'l'ijng 'the .sel:\u~sUor. s\lch.'i\)~\"a{\ce. The amou~t.\}f cha.rge is imlic8te~;for'.e~ch1y~ of CrediOJ1sura~e to be pu{c\1,ased. The ,~e~m 01 ance_ will commence as of the date the mdebtedness'ls mcurred and:wIll expire on the ongmal scheduled maturrty,dafe of. the mdebtedness. Subject to acceptance by the msurer ithill 3Q-days .the~ will b~' delivered to, the insured :debtor(sl} "certificate 01 insurance more fully describing the insu~~n~e. In the_event of prepayment of the indebtedness, a dotinsurance'charges'willbemadewhendue~{ " '" .;:, " '. ' '. \ .:,;, , ,,' .,;<. . NOTICE: SEE OTHER SIDE FOR IMPORTANlINFORMATlON. ' " " THE PROVISION, BELOW IS NOT PART OF THE. PENNSYlVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. . , .' ';>i-~i!'>; I~;:'l i :-'110\" : -;r AS~IGNMENT il"\dpcel9~,the-"Assiglle~\idel'itified_oll\tlie'8c,e.of\hisC?n;tactor',as-Mlows" ',' '".. " . .'. ~~amel chase the wi,thin Contract, the Selle! hereby :N,arrants a9"d r,ep,resents, and contrnues to warrant and represent that the sale has been'-made lrl.Wltt1conformI19-wlth all apph~ble I state and local laws' and- regulationS: including,-b"ul not limited.to. Article 2 of the Pennsylvania Uniform Commercial Code, (13 Pa. C.S.A ~~2101 et seQ); our title to the Contracl and hicle cOj/ered thereby is absolute, free ot all liens, encumbrances and security interests. and is subject only to the lights of tile Buyer as ~et 10r\h therein; U)e Con~ra.ct Is genuine, ~he res thereon are nolforgeries, arose from the sale_ol the Vehicle therein described, and all parties thereto are ~f full age apd had capacity to,contrac~ the descnption,ofthe,Vehlcle tra equipment is complete and correct; the cash downpayment and/or trade-in allowance were actually recewed and n~ part thereof conSIsted of notes, post.dated check~, other advanced by us to Buyeror rebates or similar payments from us to the Buyer {however manufacturer rebatesm~y constitute all or a part of th~ downpayment}; ,all warranties and entsfherein are true' there is owing thereon the AmoLlnt Financed plus interest at the Annual Percentage Rate'of the Contracl set forth therein; we are'dulY 1Jcensed under the vania Motor \Ienic_le'Sales Finance ,Ad and ha\le duly cnmplle,d with aU requirements therl'.\}l with respect to the.trans.actv,m and wRh the feder~t Truth-in-Lending ~t and wt~ any ederal or slate law 'rule,or regulation applicable-to this Contrac~ a motor vehicle title certificate showing a lien,or encumbrance in favor of Asslgnee<has been or Will be applied for t1y; -the ,registratio~,of thE} Vehicle has not been 'suspended. a~d the Selle! knows or no facts which may result ilJ.lhe suspensi~n of .said .registration und~r the Penn~ylvania M.otor Financial Responsibility Act; the Buyer{s) ,named in the WIthin Contract IS (are) personally known to the Seller to .be the s~me Iden~lcal person{s) whose slgnature\s) IS lare) (lfflxetl Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract. If any such warranlles or representations shoul~ be breached at any time, .SeUer shall hase said Contract from II.SS-ignee, on demand, and ~ltt pay therefor, ill cash, the amount owing thereon, computed as set forth below, and saId remedy shall be cumulative and nol ve and shall not affect any other right or remedy that Assignee might have at law or in eQuity against Seller. In the eventtha! Buyer fails or,refuses to.make any,payment due d~ron Ihe assertion, either oral or written, that the Vehicle is defective, not as represented to the Buyer bY,Seller, or thai Seller reluses to honor ~ny warranty or'serylce agreement er or manufacturer Seller agrees that on being advised by ASSIgnee 01 such claim of Buyer, Seller Will lepurcl1ase the Contract from l\Sslgnee and pay II.sslgnee lor same iately in accordanc~ with the repufchas'e terms set forth below, and Seller further agrees to hold Assignee harmless from any othe.r claims of BUyer, including attorneys' fe_es, costs penses Incurred in defending against claims ass,ertaD by Buyer and,including claims for r~fund?f payments mad~ bX Buyer to Asslgne.e.lt the Seller contracts to purchase prope~y ce on !:Iehalf of Ihe' Buyer, and thai insurance IS cancelled by the IIlsurance company pnor to Its scheduled expiration date, Sel\~r. Will anem~ to place comparable c?'mage, 't!lth r insur(lnce company on behalf of the Buyer.-.lf Seller is unable to do so, Seller wrtlnotlfy Buyer and pay.to Buyer any ad.dlbonal costs m.curred by the ,Buyer m o~tarnrng mel1t insurance lor tl\e unexpired period 01 the-original insurance poliCY. By delivering thiS COlltract to the Assl~nee and acceptlllg pa~ment for, II, 'Seller aut~oflZe~ the Asslg~ee to te or correct the identification of the Assignee in this Assignment 10 reflect the true Assignee who purchased thiS Contract, and/or 10 sign Seller's name 10 thiS ASSignment, Without e,ifthE:lAssignment has been delivered without Seller's signature. . '. . Ihe eveot Iha\ Seller is required by this Assignment to r~purcl1ase the Contract ",ndlo{ VehK:I~, Sel~r shall pa~ to ~sSlgn~e, III cash, the full ~npald. balance of the Contract ~s of t~e repurchase, piUS any then eCilned Finance Charge and any and all ~osts and exp,enses paid or rncurr~d by AsSignee m respect thereto, Includrng reasonable attorneys fees, In lion.wilh cla!ms by or ag~ir~t,a~y Buyer,.Oj'in,eror p'erS<}~sjn p'osses~!~n 01 the VehIcle and/or by o.r agamst S~II~r. '-, " ", " "_ ". 'value received, Seller herebysells,assigns'and,transfers unto,theAssi gllee, its successors and assrgns, the wlthlll Conlracl, all moneys.duea~dtoJ)ec?meduethereundel,al1d'll.1\ ille and, interest in and to the Vehicle therein described;with full power in the Assignee in its or our name to take such legal or other acllOn which we might have laken .s~ve for this ent Unless Seller marks either 01 the endorsements below, litled "WITH FULL RECOURSE" or "WITH REPURCHASE:' Seller's assignment shall. except for fhe nroVlslons (1f !tlp ~"I, t;tI~rI "~^^;~^'~nn'" he ...".-- " -" _:;;f,~~ffi!!t\~Ii!~Ult*!I~~;,~i'i:~&J:&,"-,""',,,~,,: ",,,~-"',~~,';;'",'"lJ>~,i1~~~ , ~lllr""~' i$>"",,,,.,:,,,,;,,@ilillIlill' ;p n ~ (*- ~ ~ 01 G' a & D "0 ~ ......... 0. ~ IV "0 "-J p:~ 1- ~ o a o ~; -CJ(;~ [Tlf::-j L.T, -.."..,.. L~_, , Cn)" --<.....- !;:: c:; -~ ~~ =< C:-J C) ,-::::> ::~) -,-~-i {~J --1:' "'8 ..',....:.s II) ._~ '.(" .-,e) _":--. '-- ,) L,) r:- fv 2:; :n -< " . I I - I"""ii! SHERIFF'S RETURN - REGULAR CASE NO: 2000-06987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS MITCHELL CHAD W BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MITCHELL CHAD W the DEFENDANT , at 0020:28 HOURS, on the 13th day of October ,2000 at 101 E LOCUST ST MECHANICSBURG, PA 17055 by handing to CHAD MITCHELL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~~<t:~t R. Thomas Kline ., 10/16/2000 KEEFER, WOOD, Sworn and Subscribed to before By: me this /J'~ day of (]J~.-.2-u7ro A. D. Q,y, f2 hr.-I;'., ~ rothonotary I 1f:~.1:t,l)i!