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Home My WebLink About00-07362 , ',",~~".-,,1,' ,. _'~ .'-__",';c,',',_ '''''~i'_^' " "=--'i ~'o;,~-",_'","~__,.}" "~' ""_. ' . .' , ,-", ," - ,C",.., '.i'.~-"--;";",, kd;;,;,,,~,:..j:~;.,; ,''';,;,:"",-,,;; 'Z.j'fY,..';:..,< ~~_.;.<':';;,:;_~,,):,:' ,,',^,:'-, ',_, ""0 i;)-,i HARRIS SAVINGS BANK 235 North Second Street Harrisburg, PA 17105 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 00- '73L~._J3o~L~~ SANDRA L. PEALER Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 Date: October~, 2000 KEEFER WOOD ALLEN & RAHAL, LLP BY:~ Eug . Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -- '~ =,< ~ ,.... < ,-- '"' -~' "'M~~" '~~ "~",' ',-- ,~'O,'" .., -- , ~',I -,'." __..', ,,;.,.I'-c \AO'M,.;.j.;-=,b""" i~.;,~j,;< ,'-'/' ,'<, r;';'~' ",;,___l"o',--\!<;:,:,__~;:, ::..;:},:';,;',~~;. ~" ; :,~ ~-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. 0-0 - "13(.,.2- G..;;J. I..u-J SANDRA L. PEALER 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 Sandra L. Pealer, is an adult individual living and residing at 3808 Vine Street, Camp Hill, Pennsylvania 17011. 3. Defendant, as buyer, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with Kuhns Harnish Ford, Inc., as seller, respecting a 1999 Ford Escort, VIN #3FAKP1133XR159016. A true and correct copy of the said Pennsylvania Motor Vehicle Installment Sale Contract is attached hereto, made a part hereof and marked Exhibit A. 4. The Contract was subsequently assigned to Plaintiff. 5. Defendant defaulted in her obligations under the Contract, and the Vehicle was repossessed. 6. On February 21, 2000, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $7,880.48. , ,,', ~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 $7,880.48, together with interest, attorneys' fees and costs of suit. KEEFER WOOD ALLEN & RAHAL. LLP. Date: October ~, 2000 BY~ Eu , Pepinsky, Jr. Attorney I.D. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- ~~" ;it" "r~~~.~ ,i.. VFRIF1~IlTlnl\l The undersigned L/.Sa.. A. fl/!y..5. h . hereby verifies and stales that: A V P of Harris Savings Bank. Plaintiff herein; 1. (S)He is 2. (S)He Is authorized to m~ke this Verl1leatlol'l On its behalf; 3. !he facts set forth In the foregoing Complaint iIf8 tNe and corr~ to the be:>t of (her)hls knowledge. Information and belief; and 4. (S)He Is aware thai false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904. relating to unswom falsification to authorities. YVJJ.. rJ fY(~ Dated: 10 //7, . , - .2000 . c ~ .. - MUWn VEHIC,LE INSTALLMENT SALE CONTRACT. vUI~ ,,, 1:]::1::;1 Dated ANNUAl PERCENTAGE RATE The cost of your credit as ayearlyr~~. Amount Financed The amount of credil provided toyolloronyourhehalf. FINANCE CHARGE Thedollaramounlthe credit win cost you. Total of PaY(Ilen.ts The amounl you will have paid afleryou have made all scheduled payments. II. 65 % $ 5669.79" 1,14131.65 I 19801. 44 _ __l.. ~ " Total Sale Price The total cost of your purchase on ~;~dit, jnC~~ff.Y&~ dOWn~aymenl '1~0301.44 ! . )1' Your Payment Schedule will be; No. of Payments Amount of Payments" When Payments Are Due $ Monthly,beginning 1 Filing Fees: $ t ~ on late Charge: If a payment is,late. YOll will be charged 2% Gf the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and an~ other Contract documents for any addUional information about nonpayment default, any required repayment in full before t~e scheduled date and prepayment refunds and penaltres. "" ~" ., ~, " ,< :;, " , e means estimate 06 AUG 99 Security; You are giving a security interest in the, motor vehicle being purchased. ',,;,"" Prepayment: If'youpayoffearly,youwiUnothaveto,payapenalty, paymentsor$ eat;:h.,and a final p,aymenl af ',$~~1.'t~2?-~g~ ~f,~':':!' ": ~e tirst1:; paY.lllenl,'~il!.b,~d~eon:' ,06 AUG 99 ;'llj' 'rll~andlhenpayments will be due on that same day 01 each mOllth loIkwllng. SECURITY AGREEMENT: To secure the payment af all sums due and the performance of all required obliiations under this Contract you jl:ive a security interest in the Vehicle, in all parts (called accessions.lattachedtomeVe~lcleatany latertime~and in any proceeds of the Vehicle, inclUding insurance proceeds. The Assignee may set-OIf any amounts due and unpaid under this Contract agamstany of your money on dep'osit with Assignee. This includes any maney which is now or may in the future be depaslted with Assignee by you. Assignee mavdothrswilhautany prior notice to you. ADDITIONAL IERMS ARD CONDITIONS: THISCONTRACI CONTINUES ON THE REVERSE SlOE. 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 BLANK. YOU ARE ENTITLEO TO AN EXACT COpy OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR).EG*flIGHTS, BUYER ><..>C .t;,o.l.tvV (SEAL) 06/22/99 Dale ~,t:::contract KUHNS HARNISH FORD INC IheSEllER. 6320 CARLISLE PIKE MECHANICSBURG. PA Name Address SANDRA L PEALER 3808 VINE ST CAMP HILL PA 17011 17055 ZipCade Youare theBUYER(S). ;j,.., '" Name{s) Address(es) ZipCode(s)" ~ I ' If there is more than one Buyer, each promises;' separately and together, to pay all sums due us and to perfonn all agreements in this'Contrac'l TRADE-IN: You have traded in Ihefollow.ingvehicle: Y~a(a~d Make _, D~scrip~on 'if'~ if a balan~e ~s still owing .on' the .vehicle YOll have traded i~, t~e Seller will pay 'off this amount on YOllr behalf. You warrant and represent to liS that. : any trade-lfi's free from hen, claim, encumbrance or stlcunty lfiterest except as shtlwn in the Itemization of Amount Financed as the "lien Payoff.~, ' ~R~~ERT~ .INSURANCE: You may c~oose the'pe.r5on thro~gh whom insurance is obtained against loss or damage to the Vehicle and against habrlrty ansrng oul of use or ownership of the Vehicle. In thlsContr act, you are promising to insure the Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit We Insurance and Credit Disability Insurance are not required to obtain credit and wiil not be provided unless you sign below and agree to pay the additional cOsl{s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance purchased will be for the term of the credit. By signing, you selocl Sillgle Credit life Insurance, whi~h co~~ ~ N I A By signing, you select Single Credit Accident & Health Insurance, which cosls$ N/A What is, your ~ge?~,Ye.ars "",.. ."'-, Whalisyour, age?~,Y~,ars. ",I' <' , Signalure of Buyer 10 be insured for Single Credil Ufe Insurance , SignatureofBuyertobeinsured for Single CreditAccidenl & HeaRh Insurance Bysigning,youbothselet:IJaint Credltlifelnsurallce,whichcosts$ What are your ages? BY~grJing,youbothselectJoint~redit NjA Whalare Percentage Accldent&Heallhlllsurance,whlchcosls$_ your ages? lobe insured NIA t. -_% ~ ,~ "~~~..::...._:JI.': ;~ :. 0 'j ~ is t. l -, Signatures 01 both Buyers to beinsuredforJointC.reditlife l!lsutll,l1ce.:; " 2- Signatures of both Buyers la be insured for Joinl Credil Accident & Heallh Insurance Insurer: VEHICL~: y~~ ha~e agreed to purchase, under the te,~ms"of t~is Contract the following motor vehicle and its extra equipment, w~ich is called the "VehIcle mtlllsContracl ""; ''','',''", '.: " ,'~ ,,' ",::, <." !ILl! SorialIlwD.l>.o! 3FAKP1l33XRI59016 x.ar... Mill .sm.. , ESCORT .,,,.!l2ltl~ " CP, H2..,Cyj. I( !lu<I!ill~ 4 NEW 99 FORD Equipped _AJ._PS:' -,AM.FMStereo:: ."',">'SPd. "other with _A.C._P.W. _AM.FMTape '_VinylTop ASSIGNEE: We, may assign this Contract and Security Agreement to a sales finance company which is the ~Assignee: If the Assignee assigns ' the Contract to a subsequent assignee, the term' also relers.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 andifSellermakesanassignmenl HARRIS SAVINGS BANK, 235 North Second Street, Harrisburg, Pennsylvania 17105 ',' ",',',':, "I"" :"l'-)'.T;' '. " ,., ,',,:," ;'1':- CO-SIGNER: Any person' signing the eo.Signefs Agreement below' promises separately and together with ail, Co:Signer{s) an.d 'Buyer(s),:t.o.pay' all sums due and to perform all agreements in Dds ContracLCo-Signerwill not be an Owner of the Vehicle_" '.' -" .," ,o,',~'! ',uo__'.':),,',.. , ,': .. , ",' ," "'", " " , , ',: " ,', - ' , ,,' ~.' "I ' .; ,'.. CO-OWNER: 'Any person signing the Co.Owner's Security'Agreement below gives us a security interest in th'e Vehicle and agrees'separately and, together with all Co-Owner(s) and Buyer(s), 10 perform all agreements in the Securily Agreement and aU other parts of this Contract except the ~PromisetoPay"section. TERMS: lhe terms shown in the ooxes aotlve are part. ot \'nis Clln\ract PROMISE TO PAY: You agree to pay us t~e Total Sale Price for the Vehicle by making the Cash OownpaymenlandassigningtheTrade.ln,ifshownabove,onarbeforethe date of this Contract and paying us the Amount Financed plus interest You promise to make payments in.accordance with the Payment Schedule. You Promise to make payments on or before the same day of each month as the first payment due date. You agree to pay all other amau.nts which may be~mll due under Ihe terms 01 this Contract. You agree to pay the Seller or ASSignee costs of SUI I. You also agreeta pay reasonable attorneys' fees if Seiter or Assignee hires an attorney to collect amounts due under I~is ContraclortoprotectorgetpossessionoltheVe~icle.Youagreetomakepaymentsattheplaceorto send payments to t~e address which the Assignee mast recently specifies in the written notice to you. By signing below, we agree to sell the Vehicle to you und:r ,~,e terms of this Contract. SEllER KUHNS HARNISH FORO INC, .:~ . wol2.. BY;'.{)..~...'.. ,'. '...., ~.... ".. -- " , , 06/22/99 BUYER Dale IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. This Contract is between Sellerand Buyer. All ,disclosures have been made by SeJler. Seller intends to assign this Contract to the Assignee. Itemization of Amount Financed Cash Price , I 13000.00 CashOownpaY~ll.t ,.bUO.OO Trade-!n Value of Trade.ln , UenPayoffto: I N/A UnpaidCash Price Balance , 12500.00 '5' ~o, ~redit.lns~ran~e/~~.pany ~ "i I = To Public Officials lor. :~ license,TagsandRegistration ~ $ . 63.50 ~ LienFee N/A I 10 1 To.; $'001 5.00 NIA , '"715.00 o 25.25 ~ $' ~ To I 822.90 " ' AmountFinanced 14131.65 I. Finance Charge l' '5669.79 Total of Payments {Jime Balance) I 19801.44 Payment Schedule-You agree to pay to us the Amoullt Financed plus interesl In 71 275.02 (SEAL) Date CO-SIGNER: YOU SHOULD READ THE N9T1CE.-TO'CO-SIGNER. WHICH HAS BEEN GIVEN ,TO ,YOU ON.A SEPARATE DOCUMENT. BEFORE SIGNING THE CO_SIGNER'SAGREEMENT" , ".'.' ,.,.' . . CO~SIGNER'S AGREEMENT: You. the person (or persons) signing below as "Co.Signer," promise to pay to us all ~ums due on this Contract ~nd t~ perfor~ ,all agreements ion this Contract. Y \>u intend to be legally bound by all the terms of this Contract, separately and together, With the ~uyer. You are makmg thiS promISe to induce us to make this Contract with the Buyer, even though we will use thc proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the, Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) C(}o-~,~F,n~f:~ Signature'ri'i.; I', ,. ,,,I . '!:'~': 'I 0" .. ~~' ,. ;,;>.~ ,,' " . ";, j IIi,,' ''''I Address ":1 (SEAL) Date ,~-~,ign,e,~~,S!g~ature".,~': "::~,:~ ::.',' \;0' I'", :~ti Address Date CO-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, give us a Security Interest in the Vehicle identified'above~ You agree to be bound by th~ terms of th~ security Agreement and all other parts of -this Contract except the "Promise To Pay" section. You are giving mi'the'security interest to induce us to make thIS Contra~t With the Buyer, and ~o secure the payment by the Buyer or all sums due on this'Contract. You will not be responsible for any deficiency which might be due after reposseSSIon and sale of the VehIcle. , (SEAL) Address Date Co-Owner's Signature " _, BUYER; CO-SIGNER AND CO-OWNER. AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AlTHETIMUlF SIGNING.. ."" < .. . 'y' /I (/(JJ1l.l/i1 ,~ .,~ ~, ;/.;0." '-d~;,,',i" M"::t'-~t/:W-!;t,.<;o-:", r /,// .-lllllWilIllUlllIWdlili"-lliII.:!lll.!!UliJjijlW\,i&I;.ID!,,lWJi::"->.,'...._;,.--~ ~~- -- IiiIiIIlIilIIm" ~. r1Y,lf.,I,IlVllhLI,Lnlih),~!~U\.>UI~UJIIUn,,) , ,_ ,"', ":'_'''''','_ :', : 1. HOW T.IiE TOTAL OF 'P,A,Y~Etns IS COM~~:ae,iotal of Paym~~~- i~ the su".l Oflhe '~o~'~y advanced as we alone may SpeCify:' {ij,'imIT)ediateiio~Jd~~~1;;l:~r -(ii)-;i;~i~J~~' :Amount Fma~ced and "the Fman,ce Charge.. The Fmance Cha~ge consIsts sol.ely of Interest monthly payments. If we choose to allow you to repay the,money, advanced along with' cO,mputed dally on th~~outstandmg balance of the Amount FIn,anced. The FI~ance ~harge monthly payme!lts, ~e can c1~oose the amount of these payments and how long you :shown on the I~ont Side has been computed on the 3ssumptlon thaI. we Will receive all repay. !f any of o~r rights stated in this paragraph are not permitted by law, we ~lill :pa,yments on thelr sC~,e?ul~d d~e dates., '" other fights mentioned. Our payments on your behalf will not cure your failure to' p~ ; 2~,COMPUTlNG lNtERES-TPWe will charge interest on a daily basis on the outstanding your promises in this Contract. ' .- ~~,~. -, ", ::'. ,balance SUbject to interest.o,n each day of the loan term. ~he daily interest rate is equal to the 12. DEFAULT: I~ this paragraph "You" means the Buyer, Co.Signer and'Co~o:r,er, or an~ ~n~:::,j,;ll Annual Perce~tage Ra~e dIVided by the num,ber of.days 111 Ihat calend~r year. ~uyer ~~rees of them, You wlll be 111 "Default" 01 the Contracl if anyone or more of the following th'ngs" '.,':: ,~hat because I.nteres~ IS c~l.culat~d on a d,ally baSIS, late payments, Will r~sult. 111 additional happen:. ' , I ,': ;Interest (and, If appllca~lel,> a ~hl(CblIf.geJ.' Early payments wl"J'r~sulOhlle1s mterest bemg a, youJcrb nJt'~blte ~ny payment oriQ~ belot61hs due; or i: ':; . [ 1 ' ,charged. Early and/or late payments wlll cause the amoullt of t~e Imal payment to c~ange. b. You do not keep any promise you made in this Contract or _ )3. LATE C,HARGE: Buyer agrees to pay a late charge for any payment not made within 10 ,c. You do nol keep any promise you made in another Contract, Note, Loan or Agreement days after Its d~e dat~.. The lale charge will be 2% per month on t~e unpaid amount of the With Seller or Assignee; or payment. We ~111 conSider any part of a mont~ in excesS ~f 10 days ~o be a full month. The d, You made any untrue statement in the credit application for this Contract; or ,late char~e wIII.be due when earned. No late ~harge will ~e due If the rea.son that t~.e , 1e\i-,Yo~.~mmitted any forgery in connection wit~.th,is Cont~cl; or " payment IS late rs be~ause, afl~r default, the entire outstanding b~lance .on thiS Contract IS ,. f;" You'~le, are convicted 01 a crime involvingfraJd oNli'sllonesty, or are lound'by a court due. No late charge wJ!1 be,due II the only reason, that the payment IS lateJs because of a late with jurisdiction to do so to be incapacitated; or /; \ ~-I charge assessed on an earlier payment. , g. You file ba~kruptcv or insolvency proceedings, of'~lVI~M liles bankruptcy or ~, AP~L1CATlON OF PAYMENTS: We will apply payments in the fOllowing order of priority; II1solvency proceedll1gs against you; or .I " " first to Interest; and then to late charges, fees, principal and any other amounts you owe in h, You take the Vehicle outside the United Slates or Canada without our written consent the order that we choose. or 5. PREPAYMENT: You may prepay, in full or in part, the ~mount owed on this Contract atany i. You use t~e Vehicle or allow someone else to use it in a way that causes it not to be ' time without penalty. If yrw prepay the Contract in part, you agree to continue to make cov.eredbyyourmsur:ance;or . , ., regularly scheduled payments until you pay all amounts due under this Contract This will I, X~u do somethmg that causes the VehIcle to be sublect to confiscation by government reduce the number 01 payments you will make. authonhes;or.. :1~'iJ li~':I"i l-I~'j F!j'",,',H )J1HU~ . 6. WAIVERS. ~d(j\ l j,.,: ,~):';!F,:;:~; <.!,;[t/Jhed/,ehlc,le.ls lost stolen, d,estroy~!o1 d~,g~d ,~~r,~nq etp~~'Fal repair, and not a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any fixed or10u'nd wlthl~ a re~sonabletlme;tlr . . .'.' -' -., . Prop,rty as security lor the rep'ym,"1 of th',s o-nl I .cept for the Vehicle anti tl1e o"'r' J. .Ano~her, ~red~!or tries to lake t,~~ V~hICI! or y~.ur money on depOSit WIth ASSignee by vu rac, e r l'fl'Yj "I ' leg,lp"',,,,\) 'I. )tf,l\! (', "~I ," 1f1 l" I ,P'1I!' ,-, security specifically mentioned in this Contract. " . , ", I ....~ '_".!,."~;; j., '." , ;-,;il,;~I,' ,(. b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default 01 this or before they are due without our having to ask. Jl YOII don'L we may enlorce our rights Contract we may enforce our rights according to law. We may also do the things specifically without nolilying you in advance. You give up any right you may have to require that we mentioned in this Contract. We may do one 01 these things and at the same time or later do enforce our rights against some other person or property lJefore we enforce our rights against another. Some of the things we may do are the following: you. Yo.u agree t~~t we ~ay give ~p our rights against some other perso~ but n~t ag~inst you. a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing You waIVe du~qll~gen}~tI~y,~c9I1ectlon and an delenses based on suretyshrp and Impairment 01 on the Contract and all unpaid Finance Charges and other money due. You agree that you will collateral or security. .I - ~ pay this money 10 us in one single payment immediately upon receiving our demand. 7. INTEREST AfTER .MATURITY AND JUDGMENT: Interest at the rate provided in this . b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do ContractsharrCb-'ritimiiHoaccrueonthe unpaid balance until paid in fu/l,even after maturity this ourselves, have a Quafified person do it for us, or have a government official (by replevinl and/or after we get a judgment against you for the amounts due. This will apply even if the do it for us. You agree that we can peaceably come on to your properly to do this. We may matur'lty occurs because of acceleration. If at any time interest as provided for in this lake any other 1111ngs lound in theVeliicle, but wilJ return these thin gsto you if you ask. Jfyou paragraph is not permitted by law, interest shall accnJe 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 applicable law b~glnojng at that time. hours. II you do not send us this letter, you give up any claim to these things. You agree that B. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other we may use your license plates in repossessing the Vehi~le and laking it~o a place for storage. than us to obtaiQ,a s~curily interest or other rights in the Vehicle. You will pay all filing fees c, YOLUNTARY DELIVERY:. We can ask'yo~ to give us the Vehicle at a reasonably necessary for us to 'obtain and maintain our securily interest in the Vehicle. You will assist us convenrent place. You agree to glve us the Vehicle If we as~.. . in having our security interest noted on the Certificate ollitle to the Vehicle. You will not sell . d. DEL,AY IN E.NFORCEMENT: We can delay enforcrng our rights under thiS Contract or give aw.ay th'jY~hi~;j~~meone puts a lien on the Vehlcle, you will pay the obligation and Without 10sll1g any nghts, clear the lien. _. 14, SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess 9, VOUR PROMIS~S ABOUT THE VEHICLE: You will keep the Vehicle in good condition and without using a government ollicial{by replevin): repair. ~ou will"Paf all taxes and char~es on the Vehicle. you will pay aIJ:CQ~ts of m.aintain!ng . a. N~TIC~: We will send you a Notice 01 Repossession t~ ~uriJp.st .address we know .about. the Vehicle. You WIll not abuse the Vehicle or permit anything to be done to the Vehrcle which ThiS Notice will tell you how to buy back (redeem) the Vehicle. You Will NOT have the right to will reduce its value, other than for normal wear and use. You will not use the Vehicle for reinstate the Contract This means you will have to pay the total balance on the Contract and illegal purposes or for hire or lease, You will not move the Vehicle lrom your address shown on other amounts dUe. You may flot get the Vehicle back by paying delinquent installments, This the front of t~JE~otntTjlct 10 a new permanent place of garaging without notifying us in Notice willterr ~ou other inf6.rm~lion required by law. advance. ' Ii \ Vi b. REDEMPTION: Vou haVe the righttr! bill' back (redeem) the Vehicle within 15 days of 10. YOUR PRONJ'S~$ ABOUT INSURANCE: You will keep the Vehicle insured against fire, the mailing o~ the Notice .a-nd at any ~ater time before we sell the Vehicle. If you do not theft and collision' until all sums due us are paid in full. The insurance coverage must be redeem, you gIve up all claim to the Vehicle. satisfactory to us and protect your interests-and our intere~ at the time of any insured loss. c. SALE: If you don't redeem, we will sell the Vehicle, The money received at sale will be The insurance,~sJ name us as "loss-payee" on the policy. The insurance must be written by used to pay costs and expenses you owe, and then to pay the amount you owe on the "an ins~f~l1.ce ,eomPMy.q.uallfied to do business in Pennsylvania and licensed to sell insurance Contract. 'lh the ~Whe~il:thb\'Vlthillre.-is permanently garaged. 1he insurance policy must provide us d. SURPLUS OR DEFICIENCY: 11 Ulere is money left, we will pay it to the Buyer. If there is with at least WrdaYS'Ip{ior written notice of any cancellation or, reduction in c(lverage. On not enough mon'ey from the sale to pay what you owe, Buyer and Co-Signer agree to pay what ,request,,.yqll~hcI!1 ~lilfyeqhl!lpqlicy' Qr other ev!d~nce 01. insuran~e cov~rag~ .to us. In. the is still owed 10 us. 'event (j'~nyll~ss. or d~magiMo;ttte Vihl.cle, you will ImmedIately nobfy u.s 111 wnt!ng and file a e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing tor proof of loss w~~i!.tjl~l!1surer. We may file a proof of loss on your be~alf If you fall or ref~se ~o sale and selling the Vehicle as may be allowed by law. These costs will only be due if: do so. We:{tJ8Y endol8e' your.:rame to any check, draft or other Instrument we receIve 111 1. Delault exceeds fifteen (15) days at the time of repossession' payment\5l al} \,h~ur'eiJ':loss1~ return insurance ~rem!un1s. We m~~ ap~ly. any insu~ance 2. The amount of costs are actual, necessary and reasonable; a~d pro~eeds we tel;elV'~. W,:repalr .or replace the Vehicle If, In our oplm~n, It IS e.conomlcally 3. We can prove the costs were paid. feaSible and you are not then 111. default under this Contract. OtherWise, we Will apply the " insurance proc.,e~ds \OfPf'Y,ce the unpaid balance due us. ' 15. HEIRS AND P~RSONAl R~PRESENTATlVES BOUND: ~fter your death, thiS Contract shall 11. OUR RIGIITS'IF"VOU hREAK'.YOUR r.flP'.nS,~~ ~~~l fijE..~~~~}TY INT~REST, be enforce~~leagall1styo.ur helrs(~~~ perso~al re8~~SJ;~la~lves.ofyour7s~~. (J(; , i ~~' VEHICLE OR INSURANCE:. If you farl to keep yoilr promIses to pay ~lI1g fees, taxes, hens or 16. GOVERNING LAW: ThiS Contrah IS to be mtlrpreteU accordmg to a~1IJw'ofPennsyloJallla, the costs nec~ryl.tQj~~ the Vehi~le in good condition and repair, we .may, advance any 17. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contracl shall become money you promlsea to pay: If. you fall to keep your promises about requll7d 1I1surance, we illegal void or unenforceable that part shall not be a part of this Contract. may advance money to obtall1 1I1surance to cover loss or d~mage to the Vehicle. We have the' , ' " , choice of whein~r,of 60f \bJadvance any money for these purposes. Such insurance will be 18. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract limited to an amount not greater than you owe on-this Contract. THE INSURANCE WE 19. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE ANO PROVIDE YOU LESS COVERAGE WARRANTIES OF MERCHANTABILITY ANO FITNESS FOR A PARTICULAR PUR'POSE THAN INSURANCE YOU COULD PURCHASE YOURSElF, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANn OR UNlESS SELLER We will add any money we ac{v~nce on your behalf to the balance on which we impose ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF Finance:e]Ja,ges~at the Annual Percentage Rate 01 this Contract You agree to repay the THIS CONTRACT. Buyer's Guide Wind9~_Sticker. If the Ca( which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal Trad!,Coml)lissidn Used' Car Trade Regulation Rule, the following notice applies: '. ,.. ,.. ' '. rJ1, rl. ':Vhe information"you see ,on the Willdow form for this Vehicle i~, part of this CQntract. Jnf~rmation ~n the wi,lldow form overri~es any , : c,ontrary provisions in the contract of sale. , , '. NOTICE-ANY HOLDER OF THIS CDNSUMER CREDIT CONTRACT tS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR, COULO ASSERT AGAINST THE SElLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNOER BY THE DEBTOR SHAll NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. , NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) (If this Contract hereby take(s) notice that Group Credit life Insurance c~verage ,or Group Cr~dit Accident and Disability I~ur~nce coverage.will be applicable to this Contract if,so marked on the front 01 this Contract, 'and each such type. of coverage will be wntten by th~ I.nsu.rance company named., Thl~ II1surance" subject 10 acceptance by the insurer, covers only the person or persons signing the rtlqu~st for- such II1s~ranc~:The amou~t.of charge IS lIJdlcate.d fpr each !yp~ of, Credlllnsura~ce to be purchased. The ~erm of insurance will commence as of the date the indebtednesS IS mcurred and will expire on the ongll1al scheduled maturity date 01 the II1debtedness. Sublect to acceptance by the II1surer and within 30 days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the 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 OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUVER ANO SELLER. , ..., ASSIGNMENT ",' 10indlJyeYOu,lhe"Ass'lgnee"'ldenmiedonlhelaceoit~\sC{)ntHlctorllSfollows" ' '.<'" l " ' (Name) '.to'. purchaSe the within COfltract, the Seller hereby warrants and r~pr,e?efl~:,a,nd~co,n:,lnlJ;s to w,arranl.~n~ repr~esenl that. t~e,sa!(fi~s b~e~n:n;~~~'l.~,stnct ~()hfor~~tYWI~h a~1 applicable 1~r1~r~1 sbtr> ~nli 1~,."1 b'''' ""Ii .~~..,"';~~~ ;n~'..';;~~ l;..' ~"' ,. ,'.. " ',1,~,"~~, ~'d""',,"iiw.lc'_.~';'iJJl~)j~~fiitl!il!!l:i!!iillimlO1i!M!ljlli;''''"~';''''~l''''''''.&Ali.","~Wfll:,,"'1',~ii:;,!!:'j~~"'--" - ."h...._~ II ~IlI'~T IilIli~A ~.;.. . . . . . 77> 0 C:J 0 ~ ~ C c.') .'11 ~ ~ '- C) -vc-}.-: n h Q fT1 f ' "-~ ~S~~ 0) a - t. 8 8 ..J 0\- .' --:-; ~ .. ~ I ~h~ :,,) ..;) ~ ~ 2', W --::1 '0 '\y' -~ ~ '-Z :;,JC~"~"')'f' ~ "_i." ""'" "~___,'~, ",._"""""",'O'~"T"C, _ ',', ___ r ",,,~,'~_~ --'--'- ,~ '"'^ ~ ~ ~. - ~ , ., ~ ~~,,: , SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-07362 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS PEALER SANDRA L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PEALER SANDRA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , PEALER SANDRA L DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, BELEIVED TO BE LIVING IN DAUPHIN CO. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 9.30 5.00 10.00 .00 42.30 ~~ . Thomas Kline Sheriff of Cumberland County KEEFER, WOOD, ALLEN & RAHAL 11/17/2000 Sworn and subscribed to before me this f[, 30~ day of ~ ;l1rf)7:J A.D. ~ . (). &~fh/ ~ r thonotary I "ri .~ ~~~ . ,~ ., ~ r<;,;" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-07362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS PEALER SANDRA L 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: PEALER SANDRA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 17th, 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Dep. Dauphin Co .00 9.00 25.50 .00 .00 34.50 11/17/2000 KEEFER, WOOD, ~~ . Thomas Kline Sheriff of Cumberland County ALLEN & RAHAL Sworn and subscribed to before me this .30 iZ:- day of~ c:l0-<:r0 A . P . Q.~u f2 Itd#w ~. Prothonotary , , . 1Immf:~~:tiJi' @iiitt of tqc ~4~riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HARRIS SAVINGS BANK vs County of Dauphin PEALER SANDRA L Sheriff's Return No. 2555-T - -2000 OTHER COUNTY NO. 20-7362 AND NOW: November 14, 2000 at 1:20AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon PEALER SANDRA L by personally handing to HER 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM 104 FRONT & MARKET STS. HBG, PA 17101-0000 Sworn and subscribed to JR~ before me this 14TH day of NOVEMBER, 2000 Stirkrv 6. POAMw , PROTHONOTARY Sheriff of Dauphin County, Pa. By J#I!JO;'ZIJ J~()ill Deputy Sheri'tf Sheriff's Costs: $25.50 PD 11/08/2000 RCPT NO 143178 SITLING -- ~..- -. I I '~""",~"")I,',, In The Court of Common Pleas of Cumberland County, Pennsylvania Harris Savings ~g.nk Sandra L. Pealer No. 20-7362 Civil Now 11/6/00 , , 20 0 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . ~~~..t:~~ Sheriff of Cumberland County, PA Affidavit of Service Now , ,20 . , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sberiff of County, PA 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $