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HomeMy WebLinkAbout00-07130 ',,,,, ~c- " _t" - _0' " ~ .~__\_ _, 'C/_ .",' ,~'" J.-,'---~, ,,--V'~ " -" L' '......,.-"..:.~~, HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 00- 7/20 c u ,'l/fA.Y\ CHANDLER A. KAZOR Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that. if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 KEEFER WOOD ALLEN & RAHAL, LLP Date: October~, 2000 By: Eugene E. Pe ins Jr. Attorney 1.0. #2 02 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plair;ltiff ~ - . '" ",~ ',,'-.<" "V',-J HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. kJ - -7130 0.,;.:.t r.t..u- CHANDLER A. KAZOR 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 Chandler A. Kazor, is an adult individual living and residing at 801 Walnut Street, Apt 5, Lemoyne, Pennsylvania 17043. 3. Defendant, as buyer, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with Brenner Nissan, as seller, respecting a 1995 Ford Probe, VIN #1ZVL T20A7S51 09390. A true and correct copy of the said Pennsylvania Motor Vehicle Installment Sale Contract is attached hereto, made a part hereof and marked Exhibit A. 4. The Contract was subsequently assigned to Plaintiff. 5. Defendant defaulted in his obligations under the Contract, and the Vehicle was repossessed. 6. On November 2, 1999, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $3,347.68. ". ,<I' "" 7. Despite Plaintiffs repeated demands, Defendant has failed and refused and continues to fail and refuse to pay the current balance owed to Plaintiff under the Contract. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $3,347.68, together with interest, attorneys' fees and costs of suit. KEEFER WOOD ALLEN & RAHAL. LLP. Date: October 13, 2000 By' ~ePI",kY' J, Attorney 1.0. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- ^"',......,'~, '0" VFRIFI~6.T!O/lf 1, (S)He is Lti.o... A. ft!1/lf.J.h . herebyverifiell and states that: A V (J of Hams Savings Bank. Plaintiff herein; , The undersigned 2. (S)He is authorized to mOlke this Verlfleatlol"l on ita behalf; 3, The facts set forth In the foregoing Complaint are true and correct to the besl of (her)hls knowledge. '"'onnatlon and belief; and 4. (S)He Is aware that false staremen" herein are made sliIbJeet to the penalties of 1 B Pa. C.5, 54904. relating to unswom falsfrlcation to authorities. ~U{ rf !{VtAJ.-- Dated: /O/;3 . , .2000 '.<liilIiIIo3""""" . "lib! O~ '" ~" "'ViVa ,i~nJ\"LL lli.lJI1LLJVILJiJ ,)I1U.I"UI~Il\J.\l,l, W<1leU l_~I_'k II ir 1'1 "" ANrJUAL PERe~TAGE RATE The cost of your credit as a yearly rate. Amount Financed The amount of credit provided toyouoronyourbehall. FINANCE CHARGE The dollar amount the credit will cost you. Total of Payments The amount you will have paid after you havemadt::allschedule~ payments. % $ $' $ 55~7. 75 7548.55' -~ -1-..._ '~." Total Sale Price The total cost of your purchase on credlt,includingyourdownpayment 01$ N/H $ 7548.55' . YourPaymentScheduie'~illbe: Nil. Ilf Payments AmlluntolPayments 35 $. 212.45 $ NIA Filing Fees: $ 5.00 , Late Charge: If a payment isJate, you will be charged 2% 'of th~ 'portio'rl~tthe p~ymenl which is lale for.each 'month, or p'art,of a m.o~th gre_a~r tha~ iO'-d~y~:'ih~t 'i'i '~emai~~:Jn~~id. ~. li', See below and an~ other Contract documents f.or any additional information about nonpayment, default, any required 'repayment in 'full before the sched'uled date ~nd pr~payment refunds and penalties. ' .' ", " . emeansestimate When PaymenlsAre Due Monfhly,beginning MAY 24th Security: You are giving a security Interest in ,the motor vehicle being purchas.ed. "-." Prepayment: Uyou pay'llff.earJy,)ou will not ha~.e to pay a penalty. SECURITY AGREEMENT: To secure the payment llf all sums due and the 'perfonnance of aU required obli~ations under this Contract, you give a security interest in the Vehicle, in all . parts {called accessillns") attached to the VehIcle at any later time, and in any proceeds of the Vehicle, including insurance proceeds..IThe Assignee may set'llffany amlll\ntsdue 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 YllU. Assignee may do this withoul any prior notice to you. ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE. YOU ARE OBLIGATED TO ALL THE TERMS Of THE CONTRACT WHICH APPEAR ON THE FRONT ANO REVERSE SlOES. NOTICE TO BU ENTITLED N EXAC PROTE OUR su R') . _SEllER:~"-' ,,' "'M ..,' .;, ".., .','< :B~ ......,.. .., jl: CO.SIGNER: YOU SHOULD READ rUE NOTICE TO CQ-SIGNER"WHICH HAS BEEN GtVEN TO YOU ON,A,SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. , CO-SIGNER'S AGREEMENT: You th~ person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all agreements in this Contract. Y ou inte~d to be legally bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to induce 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 made any pri0r demand for payment on tile Buyer or exercised our security interest. You also acknowledge receiving a completed copy, of this ~ontract. In this Contract weare BRENNER NI55AN the SELLER. f:..?71 rARI Tqj F ptKE Name. MECHANICSBURG PA 17055 Address ZipCade' Yo",,, CHANDLER A KAZOR . , theBUYER(S). 445 ~P61C'l 11:'1:' m~ k10DIHC::J:\IIPr:; DO 17111 I' Name(s) , -'...." ,':' '<~ ., , A<fdress(es) Zi~Code(sl If there is more than one Buyer, each promises, separalely and together, to pay all sums due us and tll perform all agreements in this Contract. TRADE-IN: You have traded In thefoHllwingvehicle:' N/A N/A N/A .Y~arand Make . _ '.' "Des9rip.tlon '; """, If a ~alan~e !S slillllwing.on the .vehicle you have traded j~; t~e Seller will pay off this amount on Yllur behalf. YllU ,wa;r~nt.~nd repr~sen-ttll u~'th~t any trade'II1IS free from hen, cla,Jm, encumbrance or securrty IIlteres~'excepl as shown in the Itemization of Amount Financed as the "lien Payoff: ~R~~ERT'!"~INSURANCE: You may chllose the pe.rson thro~gh whllm insurance is obtained against loss llr damage to the Vehicle and against Irabllltyarrsrngoulof use llr ownership of the vehlcJe. In thJS Contr act, you are promising to insure the Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit life Insurance' and Credit Disability Insurance are not required to llbtain credit and will not be provided unless you sign below and agree to pay the additional CllSt(S). Please read the NOTICE OF PROPOSED CREDIT INSURANCE o~ the reverse side. Your insur.ance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance purc~ased Will be for the term of the credit. I.!y s.igning,you se!ect Single Credit Ule Insurance, whic~cOs,ls$' ~i~n B'Isigrnng,'1IlUselect Single CleditM;ciden\& He~l~h Insurance, which costs $ , ~l in . What is your a~el~Years Whatis,your age?~Years ,','" .. ,~, '. ." '" : ,j Signature' of Buyer to be insured for Single Cledit Life'lnsuran ce Signature of Buyer 10 be insured for Singfe Credil Accident & HeaRh Insuran ce By signing, you both seJecl Joinl Credit . What are Percentage Accident&Heallhlnsurance,whichcosls$_ your ages? to be N/A ,insured Bysigning,youbolhselectJoinl Credit Life Insurance, which cosls$ What are your ages? N/A I. I. ,2.' Sjgnatur_esofbothBuyersto_be,insuredforJointC(1!{!it_Lif,flJn~rance,"'- 2.... Signatures ofbplh Buyers to be insured for Joint Credit Accident & Health Insurance "--~.,.,...~. ,.'. ''',:' , " Insurer: VEH1ClE: You have agreed tll purchase, under the t~rms o! thiS Contract the following motor vehicle and its extra equipment which is 'caUed the "Vehicle" in this Contracl J '''i ','. .. " ,Ii ",-,:,:'<'.' "" ,.." . -'"".".n"ll" ~-""":,,,,:: lJL!! ooillltMill ..lloJUSll1< &!:l1. s.dfi l!'mTon~ T', USEJl 1~1'5 FRRD. PR~~E CP",. , 1ZVLT20A7S510~3~0: EqUlppe _ ._,.S'~j'lc-:-A - M._Stereo .,_:--5Spd. O,~her with _A.C._P.W.' _AM.FMTCipe' -_Vinyl Top ASSIGNEE: We may assign this Contract and securi;y Agreement to a sales finance company which is Ihe "Assignee." Ifthe Assignee assigns the Contract to a subsequent assignee, theterfTl also refers to such subsequent assignee. After the assignment all rights and benefits of the Seller in this Contract and In t~e Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when and if Seller makes an assignmenl HARRIS SAVINGS BANK, 235 North Second Street, Harrisburg, Pennsylvania 17105 :, '-, ",,! ,;, '.ji 'i' '(;i' "'':< ." ',' ___!Y-I '-:!)!;J;J /'. ,:'1" ,.' ,', , , . ,.; . ,',;i'n,-'-'h,! r: rid"'! 'l~:'i "', CO-SIGNER: Any person Signing the Cll.Signer's Agreement below promises separately and together with aU Cll;S.i~ner(sra~d. BUy'er(s). ffi.p.ay, all sums du~ an~ t,o perfQrmal,I.~greefTI.en~.in Ih~ Cq~fr~~~.Co;~i~~er~!llnot be an ~wner of the V~,~icle. ." 'I. '.' ~ :..' : ',I,:" ,'! J,~.I,". CO-OWNER: Any perSlln signing the Co.Owner's Security Agreement below gives liS a securily Interest in the Vehicle and agrees's~parately and together with all Co-Owner(s) and Buyer{s), to perform all agreements in the Security Agreement and all other parts of this Contract except the "PromisetoPay"sectioTl. TERMS: The terms shown in the boxes above are part of this Contract. PROMISE TO PAY: You agree III pay us the Total Sale Price for the Vehicle by making the Cash Downpaymentand assigning the Trade.ln, ifshllWn above, on orbefo rethedaleofthlsContrac~and paying us the Amount Financed plus,interest. YtlU promise to make payments in.accordance with the Payment Schedule. YOIl promise to make payments on tlr before the same day tlf each mllnth as the first payment due date. You agree to pay all other amounts whIch may become due under the terms llflhis Contract. You agree to pay the Seller or Assignee costs of suil You also agree to pay reasonable attorneys'lees if Seller or Assignee hires an attorney to colle ct amllunts due under this Contract or to protect or gel possession of the Vehicle. YtlU agree to make p aymentsatthepJacetlrto send payments to the address which the Assignee most recently specifies in lhe written notice 10 you. By slgnlngbelaw, we agree to sell the VelUcleto you llnderthetermsofthisContracl l',: ,I,' "Vl4/171Q/qCl Dale ,';,iJ-. (SEAL) ,Co~Signer:~ ~ignatu~e;" Address iii" ,.,.; ~." (SEAL) Co~?igg~(s ~ignature:' Address IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT,' AND/OR MON.EY ON DEPOSIT WITH. THE ASSIGNEE. This'Contract'isbetween,SellerandBuyer.AIJ disclosures have been made by Seller. Seller il\tendsto~tl\isContlac\tofueJ\ss\gnee. r // . Itemization of Amount Financed Cash ~rice - $ 5500.00 Cash Downpayment $"'" N/A Trade.ln " Vallie of Trade.ln N/A $ Lien Payoff 10: N/i"-1 $ UnpaidCaslffi6i0lZBaOOe $ TtlCreditlnsunNMompany '5 $ '.' ~ c To Public Officials for: :$ License,Tagj~llmgistration . ~ ~ $ . Li,enFee ie. 5.00 $ ~ To . ~. 621.00 . " $ 0 ?.;;, ,To' .UU~N'~, , c' . , ":OJ, $":' ,,:w FI--4~.:'~.0-:i '. 'I' .-,. l 15 To ,,' S' $ N/A ~ ~ To "HL~"lH' "':. $ :373. 25. ..... -Arrio,ul;lt.Financed ,; ~,6597. 75 Finance Charge '$ 950.80" ,Total of Payments fnme Balance) '1.',' '$ 7548.56" Payment Schedule-You agree to pay tll us Ihe Amount Financed plus interest in 35 paymentsof$ 212.45 :e,a,?~, _ a n~, a. fi~al p,ty~m,en! ~.f~ 1~!;1; Ii J2-1Z: 46. 'i ;i;J~,rhe:fir~l; i paymenl wm be d,ue on MAY 24th ~~ ,andlhenpayments willbedueollthalsamedayofeachmolllh fllllowing. . . 'r,our', '_.pEAl) 04/09/99 Vat,e (SEAlI Dale Date ..1-".<1 ;<,,'):-. Date" CO-OWNER'SSECURlTY AGREEMENT: You;-the person signing below as"Co.Owner," together with the Buyer or otherwise being-all of the Owners of:theVehicle, give-'us a Security Interest'in the Vehicle-identified above. You agree to be bound by the terms of the Security Agreement and aU oilier parts of this Contract except the "Promise To Pay" section. You are giving us the security interest to induce us to make tbis Contract with the Buyer, and to secure the payment by the Buyer of all sums due on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) Address '-;1 . Date D CO-OWNER; AS APPLICABLE, ACKNOWLEDGE RECEIPIQFA.COMPLETED'cOPYOF THIS CONTRACT >J'Y ~-~""~"-"-,,,-,,,~.,,.....,...-= ~.~ ~~ ," ~,..HQW ~;i'E TOTAL ,Of PAYMENTS IS cbriiurM2The Total of pay~~~t: is th'e'~~~ ~f-t~~' ",Amount Fma~ced and the-Finance Charge. The Finance Charge consists solely of interest compuledodally on llle outstanding balance of the Amount Financed. The Finance Charge shown on the front side has been computed on the assumption that we wHf receive all ..payments on their scheduled dut dates. 2. COMPUTING I:NTfRfST: We will ch<l(ge interest on a daily basis on the outstanding balancesllbJect to mlereston each day of the loan term. The daily interest rate is equal to the Annual Perce~tage Ra~e divided by the num.ber of.days in that calendar year. Buyer agrees !hat because J.nteres~ IS calculated on a dally baSIS, late payments Will result in additional mteres! (and, If applIcable, a late charge).-Early payments will result in less interest being charged. Early and/or late payments wHlcause lhe amount of the final paymen ltochange. 3. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 days afler its due date. The late charge will be 2% ller month on the unpaid amlluntCllthe paymen!. We ~iIl consider any part of a month in excess of 10 days to be a full month. The fate charge Will be due when earned. No late charge will be due if the reason that the paymenl is late is because, after default, the entire outstanding balance on this Contract is due. No late charge will be due if the only reason that the payment is I ateisbecauseofa late charge assessed on an earlier payment ,4. APPLICATION OF PAYMENTS: We will apply eay.menls in the fOllowing order of priority: fJrstto mterest; and then to late charges, fees, prrnclpal and any other amounts you owe in the order that we choose. ? PRE.PAYMENT: You may prepay, in lull or in part,.the amount owed on this Contract at any tIme Without penally. If you prepay the Contractm part, you agree to continue to make regularly scheduled payments until you pllY all amounts due under this ContracL This will reduce the number of paymenls you will make. 6. WAIVERS. a. WAIVER B~ SEllER AND ASSIGNEE: We and Assignee waive the right to treat any property as seCUrity for the repayment of thIS Contract,exceptfortheVe~icle and Ihe other securitysllecilicall'jmentiQnedinth\s.O.mtcacl b. WAIVERS BY BUY~R. CO-SIGNER ANO CO-OWNER: You agree to make all payments on o~ belore they are due without our having to ask. If you don't, we may enforce our rights WIthout notifying you.in advance. You give up any right you may have to require that we enforce our rights agarnstsome other person or property before we enfor ceourrightsagainst you. Yo.uagreethatwemaygiveupollrrigl1tsagainstsomeotherpersonbut not against you. You waive due diligeflce in collection ami alldefeflses based Ofl suretyship and impairment of coUateralorsecurity. 7. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate prOVided in this COfltractshall continue. to accrue on the unpaid balance llntil pai dinfull,evenaftermatllrity and/o~ after we get a Judgment against yotl for the amounts due. This will apply even if the maturity occurs because of acceleration. II at any time interest as provided for in this paragraph is not permitted by law, interest shall accrue at the highest rate allowed by appJicable law beginning at that time. 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You wilJ not permit anyone other than us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees necessary for us to obtain and maintain our security interest in the Vehicle. You will assist us inhavlngoursecurityinterestnotedontheCertificateofTitletothe Vehicle, You willnotseU or give away llieVehicle. II someone puts a lien on the VehicJe, you will pay the obligation and clear the Jren, 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep tile Vehicle in good condition and repair. You will pay all taxes and charges Oil the Vehicle. You will pay all costs of maintaining the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which will reduce its value, other than for normal wear and use. You will not use t~e Vehicle for illegal purposes or for hire or lease. You will rlot move the Vehicle-from your address shown on the frontot this Contract to a new permanent place of garaging without notifying us in advance. '" 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, ,theft and collision until all sums due us are paid in fulL The insurance coverage must be ,satistactorytousandprotectyourinterestsandourinterestsatthetimeofanyinsuredloss. The insurance must name us as"loss-payee"onthe policy. The insurance must be written by 'an insurance company qualified ,to do business in Pennsylvania and licensed toseJl insurance iin the state where the Vehicle is permanentlY garaged. The insurance poJicy must provide us with at least 10 days' priorwritlen notice'of any cancenation or.reduction in coverage. On requesl,youshall deliver the poJicy or othllr evidence of insuranc e coverage to us. In'the . event of any loss or damage to the Vehicle, you will immediately nolify us in writing and file a ,proofoflosswith the insurer. We may file a prool of loss on your behalf if you fail or refuse to , do so. We may endorse your name 10 any check, draft or olher instrument we receive in i payment of an insured loss or return insurance premiums. We may apply any insurance I proceeds we receive to repair or replace the Vehicle if, in our opinion, it is economically . feasible and you are not then in default Urlder Ihis Contract otherwise, we wiil apply the ,insurance proceeds to r,educethe unpaid balance due us. Ill. OUR RIGHTS IF YOU BREAK YOUR FROMISES ABOUT THE SECURITY INTEREST, : VEHIClE OR INSURANCE: JI you fail to keep your promises to pay filing fees, taxes, liens or I the costs necessary to keep theVeh'icle in good condition and repair, we may advance any :-money you promised to pay. If you fail to keep your promises about requ ired insurance, we : may advance money to obtain insurance to cover loss or damage toth e Vehicle. We have the choice of whether or not to advance any money for these purposes. Such insurance will be limited to an amount not greater than yoU owe on this Contract THE INSURANCE WE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS CDVERAGE THAN INSURANCE YOU COUlD PURCHASE yOURSELF. We will add any money we advance on your behalf to the balance on which we impose finance Charges at the Annual Percentage Rate of this Contract You agree to repay the -~ ~ ~~~ - ,~' ~ = -~._~" money advanced as we alone may specify:'{i) immediately on demand;'or (ii) along with your monthly payments. 11 we choose to allow you to repay the money advanced along with your monthly payments, ~e can choo~e th~ amount of these payments and how long Yoal.have to repay. ~f any 01 o~r fights stited m thiS paragraph are not permitted by law, we still have the other nghts m~nlloned. Our payments on your behalf will not cure your failure to perform your promises in this Conlract. 12. DEFAULT: I~ this .Da~~graph ::You" means the ~uyer, Co-Signer and Co-Owner, or anyone of them. You WIll be m oefaulf of the Contract I' anyone or more of the following things happen: a. You do nol make any payment on or before itisdue' or b. You do not keep any promise you made in this Controct or ,c. You do no! keep any promise you made in another Contract, Note, Loan or Agreement WIth SellerQl i\sslgnee;QI . . d. You made any unlrue statement in the credit application for this Con tractor e. You commitled any lorgery in connection with this Contract" or f.. Xou.di~, are convicted ola crime involving fraud ordishon~sty, or are found by a court wilhlUfls<l!c!lontodosoto be incapacitated; or ,g. You liIe bankruptcy or insolvency proceedings, oranyone files ba nkruptcyor msolvencyproceedingsagainstyou;or h. You take the Vehicle outside the United States or Canada without our written consenl; or i. You use the Vehicle or aJ!ow someone else to use it 'in a way that causes it not 10 be covered hy your insurance; or . j. You do something Ihat causes the Vehicle to be subject to confiscalion by government authorities; or k. The Vehicie is los~ stolen, destroyed or damaged beyond economical repair and not fixed or found within a reasonable time; or. . ' I. Another creditor tries to take the Vehicle 'or your money on deposit with Assignee by legal process. 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF- THIS CONTRACT: If you are in Delault of this Conlr.act, w~ ma.y enforce -our rights according to law. We may also do the things specilically mentIOned m thiS Contracl We may do one of these things and at the same time or later do anolher.Some of the things we may do are the lollowing: a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing on the.Contract and a.U unpaid Fmance Charges and other money du e. You agree lhatyou will pay thiS money to us m one single payment immediately upon receiving our demand. b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do this. ourselves, have a qualified person do it for us, or have a gove rnmentofficial(byreplevin) do It for us. You agree that we can peaceably come on to your property to do Ihis. We may take any other things found in the Vehicle, but will return these things to you if you ask. If you want these things back, you agree to ask usina letter sent to us by certified mail within 24 hours. If you do not send us this letter, you give up any claim to these things. You agree that we may use your license pfates in repossessing the Vehicle and tak ingittoaplaceforslorage. c. VOLUNTARY DElIVERY: We can ask you to give us the Vehicle at a reasonably convenient place. You agree to give us the Vehicle il we'ask. d. DElAY IN ENFORCEMUlT: We can delay enforcing our rights under this Contract without losing any righls. 14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHIClE: If we repossess without using a government official {by replevin): a. NOTICE: We will send you a Notice 01 ReposseSSion to your last address we know aboul. This Notice will tell you how to buy back (redeem) the Vehicle: You will NOT have the right to reinstate the Contract, This means you will have to pay the total balan ce on the Contract and other amounts due. You may not get the Vehicle back by paying delinquent installments. This Notice will tell you other information required bylaw. b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of the mailing of the Notice and at any later time before we selllhe Vehicle. If you do not redeem, you give up all claim to the Vehicle. c. SAlE: If you don't redeem, we will sell the Vehicle. The money received at sale will be used to pay cosls and expenses you owe, and then to pay the amount you owe on the Contract. d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is not enough money from Ihe sale to pay what you owe, Buyer and Co-Signer agree to pay what is still owed to us. e. EXPENSES: You agree to pay the costs of repossessing, storing, repai ring, preparing for sale and selling the Vehicle as may be allowed hy law. These costs will only be due if: 1. Default exceeds fifteen (15) days at the time of repossession; 2.Theamountofcostsareactual,necessaryandreasonable;and 3. We Can prove the cosls were paid. 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall be enforceable against your heirs and personal representatives of youreslate. 16. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania. 17. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become i1Iegal,void or unenforceable, that part shall nol be a part of this Co ntracl 18. ASSIGNMENT By'BUYE.R: Buyer shall not 'aSsign this Contract. ' 19. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY DR UNLESS SELLER ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 9D DAYS FROM THE DATE OF THIS CONTRACT. . Buyer's Guide Window Slicker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal 'Trade Commission Used Car Trade Regulation Rule, the following noticeapplies: ",; " .' ','" .. .... , The information you'see,~,1) the,w,i~dow form for this Vehi,cle is part of this Co~tra,c,t. Inform,ation.on,the window form override,S, any "'-':,"--contraryprovisionsinthe,contractotsale." ,". ",' '" ,," ','" .-,:.: "" "c'; , NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO All CLAIMS AND DEFENSES' WHICH THE DEBTOR COULD . ASSERT AGAINST THE SEllER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHAll NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. . NOTICE OF PROPOSED CREDIT INSURANCE . The signer(s} of this Contract hereby take(s) ' notice that Group Credit lile Insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable_to this Contract if so marked on the fronl of this Contract, and each such type of coverage will be written by !he insurance company named.'This insurance, subject to acceptance by the insurer, covers only the person or persons'signing-the request for such insurance, The amount 01 charge is indicated for each type of Credit Insurance to,be purchased. The term of insurance will commence as of the date the indehtedness is incurred and will expire on the original scheduled maturity dale of the indebtedness. Subject to acceptance by the insurer and within 30 days, there will be delivered to the'-insured deblor(s} a certificate of insurance more fully describing the insurance. In lhe event of prepayment of the indebtedness, a refund of insurance charges will be made when due. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART..OFTHE:PENNSYLVA.NIA MOTOR VEHICLE INSTALLMENT SAlE CONTRACT BETWEEN THE BUYER AND SEllER. - ,,-.\i"~.:' ~''''' '.,. "'x ,ASSIGNMENT To induce you, the "Assignee" identified olJ_the face'o.f this Contract or as follows, - (Name) '.to purchase the within ',Contract, the Seller hereby warrants and represents, and cont(nues to warrant and represent that the sale has heen made_in strict confor~ity with ,all applicable federal, state and local laws and regulations, including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A ~~2101 et seQ); our title to the Contract and the Vehicle covered lhereby is absolute, free of all liens, encumb rancesand securily interests, and is subJect only to the rights of the Buyer as set forth therein; the Contract is genuine, the signalures thereon are not forgeries, arose from the sale of the Veh JcJe therein described,and atl partie$thereto are of full age and ha d capacity to contract the description {If the Vehicle and extra equipment is complete and correct; the cash downpayment and/or trade.in allowance were actually received and no part thereof consisted of notes, post-dated checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (howe'ler manufacturer rebates may constitute all or a part of the. downpayment); .all warranties and statements therein are true; there is owing thereon the Amount Financ~d plus interest at 111e Annual Percentage Rate of the Contract set forth therem; we are duly hcensed under the Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-ill-Lending Act and with any other federal or state law, rule or regUlation applicable to this Contract a motor vehicle title certificate Showing a lien or encumbrance in favor of Assignee has been or will be applied ror promptly; the registration of the Vehicle haS not been suspended and the Seller knows of no facts which may result in the suspension of said registration under the Pennsylvania Motor Vehicle Fillancihl Responsibility Act; the Buyer{s} named,)n the within Contract is (are) personally known to the Seller to.be the same iden~ical person(s) whose signature(sl is {are} affixed to this 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 lime, .Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below, and said remedy shall be cumulative and not exclusive, and shall nol affect any other ri~ht or remedy that Assignee might have allaw or in equity against Seller. In the event that Buyer fails or refuses to make any. payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as represented 10 the Buyer by Seller, or that Sefler refuses to honor any warranty or service agreement of Seller or manufacturer, Seller agrees that, on being advised by Assignee of such claim of Buyer, S~lIer will repurchase the Contract. from Assign~e and. pay Asslgn~e for same immediately in accordance with the repurchase terms set forth below, and Seller further agrees to hold AsSignee harmless from any othe.r claIms of Buyer, II1cludll1g attorneys fees, costs and expenses incurred in defending against claims asserted by Buyer and including claims for re,fund?f payments mad~ b~ Buyer to Asslgne.e. If the-Seller contracts to purchase prope:ly . insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior to Its scheduled explrallon date, Sell~r. wdl attemp~ 10 place comparable c?verage. ~Ith another insurance company on behalf of the Buyer. If Seller is unable to do so, SeHer will notify Buyer and pay to Buyer any ad.dltlonal costs lI1.curred by the .Buyer 111 o~tallllng replacement insurance for the unexpired period of the original insurance policy. By dehvering thIS Conlract to the Assi~nee and acceptmg pa~ment for It, Seller aut~onze~ the Asslg~ee to complete or correct the identification of the Assignee in this Assignment to reflect the true Assignee who purchased thiS Contract, and/or to sIgn Seller's name to thIS ASSignment, wl!hout recourse, iflhe Ass'lgnment has been deliveied withoutSellel's signature. ..' In the event that Seller is required by this Assignment to r~purchase the Contract and/or Vehicl~, Sel~er shall pay to ~sslgn~e, 111 cash, the full ~npald. balance of the Contract ,as of t~e date of repurchase, plus any then earned finance Charge and any and all costs and expenses paid or Incurr~d by ASSignee m respect thereto, mcludmg reasonable attorneys fees, 111 connection with claims by or against any Buyer, Owner or persons in possession of t~e Vehicle and/or by o.r agamst S~II~r. . ' .. . 'For value received, Seller hereby sells, ~ssigns and Iransfers unto the Assignee, Its succe~or~ and assigns, the wlthll1 Contract, all moneys .due a~d to be~?l)le due 'hereunder, and a.1I right tille 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 action which we might have taken save lor thiS ASSignmen~.,yn,I~,s_s Seller m.a~k,s either of the endorsements below, titled "WITH FUll RECOURSE" or ''WITH REPURCHASE." Seller's assignment shall, except for the prOVisions of the ~ , ~ ~'liII\li;~~ / /// ~~ml~~iiii\:i~!iiilwm:!m!~~I~.,a<jHi-;i@.l,~4:"'I!'i'ii0:"'jl;;.,,;,;I~-u1k~M;u """I(~~-" ~" -- 0- ll) -c: c%; ~ F't ~ ~~ G" - - i I -cJ r~ J 1111 ...~.".~~,~",..."o,<,_?__",,_~. "' ." ~~_"',,~ _,,_,.l_,_~_,~, _~, "_" JK"'J/l ,-~ ~ Crt\) g 8 , ' J """'" 0 -"~-~-j.i "~~'- .' ~I c:: (::) c~ c: Cl .' 0 "~, J -c (~:, C') r;" " ,. -""'I ;;;: --;- .~:' l '> 9 tf) CT" , ~f , () , " ~'" 'i'i ~-j" 5 '" \..: ::'5 (~j ,--, ,11 )> ~ s..) u ;~-.:l '"4 ''0 5j -< r " -< .. , ' . I ~l ' 1-. ~.d_ ....."~~; o ~,=,-,=- 1 SHERIFF'S RETURN - OUT OF COUNTY .. "'"', CASE NO: 2000-07130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS KAZOR CHANDLER A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KAZOR CHANDLER A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 5th, 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge SERVICE DEP. PERRY CO 18.00 9.00 10.00 10.54 26.80 74.34 12/05/2000 KEEFER, WOOD, ~ R. Thomas Kline Sheriff of Cumberland County ALLEN & RAHAL Sworn and subscribed to before me this J'-/ {S. day of ~ .km ( Lr' p A.D. o ~/I,-:, ~ prothonota't , < 'I _~, ' ~ ~ ,. ,-I, ~ --- ,,;~-,- -, -'~" I i Ii .,r\. ... SHERIFF'S RETURN In the Court of Common Pleas of Perry County, Pennsylvania Harris Savings Bank, NO. 00-7130 vs Chandler Kazor 729 C Valley St. Marysville Pa. 17053 George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit, Chandler Kazor 729 C Valley St. Marysville Pa, 17053, but was unable to locate him/her in his bailiwick. He therefore returns the Complaint NOT FOUND", as to the within named Defendant(s) Chandler Kazor. Plaintiff was to give Sheriff's Office current address of defendant,but she never did so Complaint, was NOT SERVED. 0Ji!:7) George W. Frownfelter Sworn and subscribed to before me Sheriff of Perry County this _ day of ,2000.