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Home My WebLink About03-2310GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff R L C, INC. d/b/a ESP AP1, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : ACTION IN REPLEVIN 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, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por aboado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion ypor cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Dated: May 13, 2003 NAUMAN, SMITH, SHISSLER & HALL, LLP Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Jodi A. Beierschmitt, Esquire Supreme Court I.D. No. 84727 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: General Motors Acceptance Corporation GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff R L C, Inc. d/b/a ESP AP1, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : ACTION IN REPLEVIN COMPLAINT AND NOW comes Plaintiff, General Motors Acceptance Corporation, by its counsel, Nauman, Smith, Shissler & Hall, LLP, to file the within Complaint based upon the following facts: 1. Plaintiff, General Motors Acceptance Corporation, (hereafter "GMAC") is a Delaware Corporation having offices throughout the United States and having an office at 555 Business Center Drive, Horsham, Pennsylvania 19044. 2. Defendant, ESP API, Inc. (hereinafter "Defendant") is a fictitious name entity presently owned and operated by R L C, Inc., a Pennsylvania corporation, with offices located at 1010 Flowers Lane, Marysville, PA 17053. 3. On May 24, 1999, Defendant entered into a Contract with Jones Pontiac GMC Truck Co., 1335 Manheim Pike, P. O. Box 4426, Lancaster, PA 17604 (hereafter "Seller") for the purchase ofa 1999 GMC Safari, bearing Vehicle Identification Number 1GKEL 19W5XB529957 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Twenty-Eight Thousand One Hundred Four and 00/100 Dollars ($28,104.00). A copy of the Contract is marked as Exhibit "A", attached hereto and its contents are incorporated herein by reference. 4. Defendant, pursuant to the aforesaid Contract, agreed, inter alia, to make forty-eight (48) installment payments in an amount of Five Hundred Eighty-Five and 50/100 Dollars ($585.50) each, commencing July 8, 1999 and payable on the same day of each successive month thereafter, for a total obligation of Twenty-Eight Thousand One Hundred Four and 00/100 Dollars ($28,104.00). 5. Under the Contract the Defendant granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 6. Defendant, pursuant to the aforesaid Contract, agreed that in the event of default in any payment due under the Contract, or the failure to comply with any term or condition thereof, that the Seller of the aforesaid Vehicle may take immediate possession of said property, including any equipment or accessories thereto, and for this purpose Seller may, in any lawful manner, enter upon the premises where the said property may be and remove same. 7. On or about May 24, 1999, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller. GMAC, pursuant to the provisions of the Pennsylvania Motor Vehicle Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the Vehicle by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of Title for the aforesaid Vehicle a notice of its encumbrance upon the aforementioned Vehicle and security interest therein. A copy of said Certificate of Title is marked Exhibit "B" and attached hereto. 2 M~Y-06-2003 TOE 11:12 ~H N~UM~N SMITH F~× NO, 2341925 P, 07 __VERIFIcATION I, PhylLis A. O~N=al, for do so on behalf of General subject to the penalties of 1 g state that the facts set forth in knowledge,/nformation Motors Acceptance Corporation, being duly authorized to ~ Acceptance Corporation do hereby make the following statements .f} 4904, relating to unsworn falsifications to authority, and do foregoing Complaint are true and correct to the best of my Phyllis A. O~leal Date: EXHIBIT "A" JnG'-~cCEsI RETAIL INSTALM I,~ q[ONTRACT Buyer (and Co Buyer) Name and Address (Include County and Zip Code)~ Egr' AP[ ]NC I ~'~AC Gl'lC I'RUrZK I.'.0. ~~ _HANHE ~H PiKE LANCASTER PA ~7604 You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. The cash price is shown below in the "ltemizatio~ Financed" as "Cash Price~' The credit price is shown below in the Federal Truth-In-Lending Disclosures as "Total Sale Price~' By signing this c~ choose to buy the vehicle on credit under the agreements on the front and back of this contract. "You" and "your" refer to you, the Buyer, and any Ge-Buyer, "We", "Us" and "Our" refer to the Seller named above and to anyone to whom the Seller contract. Seller intends to assign this contract to General Motors Acceptance Corporation (GMAC). De~criplion of Vehicle. You agree to buy and we agree to sell the following vehicle: NEW ~ bAFARi iGKEI_IgW5XBS29957 If truck--Describe body and major items of equipment sold: .... ~ANCE CHARGE Amount Financed ~ ~l~;UaU~'r~rt of credit ~o-vi~-e'c~'~'~/ou or on Your Payment Schedule Will Be: FEDERAL TRUTH-IN-LENDING DISCL._.~_OSURES Total of Payments The amount you will have paid after you have made all pay- ments as scheduled. $, 28104.00 Total Sale Price The total cost of your purchase on credit, including your down- payment of $ _ N/A is S ' 28]04,00 Number of Payments ~t of Payments Wh'"-~en Payments Are Due ~ Or as Follows: -------- N / A Monthly beginning ~ Late Charge. If a payment is not paid in full within 10 days after it is due, you will pay a late charge. If the vehicle purchased is a heavy commercial motor _J o~ o0 vehicle, the charge will be 4% of the amount of the payment that is late. If the vehicle purchased is off-highway business or farm equipment, the charge will be 5% of the amount of the payment that is late. Otherwise, the charge will be 2% per month on the amount of the payment that is late, computed on the basis of a full calendar month for any fractional month period in excess of 10 days. Prepayment. If you pay off all your debt early you may be entitled to a refund of part of the finance charge. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See the other side of this contract for more information including information about nonpayment, default, any required repay- ment in full before the scheduled date, prepayment refunds and security interest. ITEMIZATION OF AMOUNT FINANCED I Cash Price (including any accessories, services, and taxes) 2 Total Downpayment = Net Trade-in $ ~ + Other (Describe) Your Trade-in is a + Cash Downpayment Year Make Model 3 Unpaid Balance of Cash Price (1 minus 2) ?47qQ ~,~ (3) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may be keeping part of these amounts.): *A Cost of Required Physical Damage Insurance Paid to the Insurance Company Named in the insurance Section, Below--Covering Damage to the Vehicle $ **B Cost of Optional Mechanical Repair Insurance Paid to the Insurance Company Named in the "' Insurance Section, Below--Covering Certain Mechanical Repairs $ ***¢ Cost of Optional Credit Life and/or Accident and Health Insurance for the Term of this Contract Paid to the Insurance Company or Companies Named in the Insurance Section, Below. Life $ ~ Disability, Accident and Health $ ~ $ N /A D Official Fees Paid to Government Agencies E Taxes Not Included in Cash Price $ N/A F Government License and/or Registration Fees (Itemize) / L [ ('; t~,l- '; ~ f' t', $ ~ / A (~ Government Certificate , t~,,,~,,[-~: ~:.~:-, $ '!t ,~)0 .... ofTi~ "ki~il~Ui'iB ~: '. ~ :, $ , ', LiO Your Trade-in is a Year Make Model 3 UnlSaid Balar[ce of Cash Price (1 minus 2) 4 Other Charges Including Amounts Paid to Others on Your Behalf {Seller may be keeping part of these amounts.): *A Cost of Required Physical Damage Insurance Paid to the Insurance Company Named in the Insurance Section, Below--Covering Damage to the Vehicle **B Cost of Optional Mechanical Repair Insurance Paid to the Insurance Company Named in the Insurance Section, Below--Covering Certain Mechanical .Repairs $ - $ ***C Cost of Optional Credit Life and/or Accident and Health Insurance for the Term of this Contract Paid -- to the Insurance Company or Companies Life $ N_~A Named in the Insurance Section, Below. Disability, Accident and Health $ D Official Fees Paid to Government Agencies N/A E Taxes Not Included in Cash Price $ N/A $ N/A F Government License and/or Registration Fees (Itemiz~ $ 4 ~ , O0 G Government Certificate of Title Fees ~ $ H Other Charges {Seller must identify who will receive payment and describe purp____ose) to__~LL~R-JONES PONTIAC GHE '[RI~_KXi[D~D[D ~'~ARRANT¥- to,JONES PONI'IA[ GHC I RU['K r0 NI 2/ $ 5 ~,~,_~mer .Charges and Amounm Pa,d to Others on Your Bah . z~ ?, 0{) ~moum t?anced--Unpaid Balance (3 + 4) alf -$ I 6 Finance Charge Additional Disclosures 7 Time Balance-Total of Payments (5 + 6) Required by State Law 8 Payment Schedule: 4LO instalments of $ 5~5 §0 each, $ JI}l ~ -- ' monthly beginning (Mo.) (Day) (Yr.) or if scheduled payments are irregular or uneven, as indicated in the Federal Truth-In-Lending Disclosures, above. Insurance. If any insurance is checked below, the policies or certificates issued by the Companies 1035,00 $ _ 747q0 ~ *Required Physical Damage Insurance. We require that you have physical damage insurance. You may obtain it from anyone you want who is acceptable to us. We have shown the cost of this insurance in 4A of the Itemization of Amount Financed, above. Insurance Company ~/A [] $ N/A _ Deductible Collision and either: _Term: _ -months [] Full Comprehensive including Fire, Theft and Combined Additional Coverage [] 5-- ~/A - Deductible Comprehensive including Fire, Theff and Combined Additional Coverage named will describe the terms and conditions. **Optional Mechanical Repair insurance. We have shown" the cost of this insurance i~ 4B' of t~e Item zation of Am .F'#~anced, above. · . ,., cunt Insurance Company _ N / A Term: [] 36 months or 36,000 miles, whichever occurs first Term: [2 . ~ Fire, Theff and Combined Additional Coverage El $25 Deductible [] $50 Deductib. le [] $_~.~_ Deductible Optional, if desired--El.Tow ng and Labor costs [] Rental Reimbursement [3 CB Radio Equipment ***Optional Credit Life and/or Accident and Health I . ' anco to obtain credit We will not n .......... I_.n.s.U. ran, ce:.We do n. ot require you to have credit life insurance and · - ' . ,-rovide th ......... ~ YUU s'gn '°r'nem ano agree to pay the additiona, cost. i f you w a n t t h isC~sd~tr;nCcCied, e&tea&dt ~ee ~nltshu ,r~Sn~; ~ desired and sign below. If you have chosen this insurance, the cost is shown in 4C of the Itemization of Amount Financed, above. Check the insurance desired: El Life {Buyer [] Co-Buyer [] Disability, Accident and Health {Buyer Only) (Name of Insurer-Life) -- (Home Office Address) (Name of Insurer-A & H) This policy will pay amounts due on this contract up to $ N/A (Home Office Address) APPROVAL: I DESIRE TO OBTAIN THE CREDIT LIFE AND/OR ACCIDENT AND HEALTH INSURANCE CHECKED ABOVE FOR THE PERSON/ PERSONS PROPOSED FOR INSURANCE. Buyer Signature Date Co-Buyer Signature ANY INSURANCE THIS CONTRACT DESC~T INCLUDE COVERAGE FOR BODILY INJURY AND 1:TROPERT~; CAUSED TO OTHERS. If you do not meet your contract obligations, you may lose your motor vehicle. Date See the other side of this contract for other important agreements, including your agreement to give us a security interest in'insurance premiums and proceeds. YOU signed this contract on (Do not date on Sunday) HA ¥ Z 4 t h i 9 9 9 {Mo.) ~ (Day} -- {Yr.) -- Do not sign this contract in blank. Notice to Buyer ,You a.r.e, entitl .ed to an exact copy of the contract you sicm. .! I.II. ~ f,-~'1 I q q {t or if scheduled payments are irregular or uneven, (Mo.) (Day) (Yr.) as indicated in the Federal Truth-ln-Ldnding DiSclosures, above. Insurance. If any insurance is checked below, the policies or certificates issued by the Companies named will describe the terms and conditions. *Required Physical Damage Insuranc6. We require that you have physical damage **Optional Mechanical Repair insuranCe. We have showd' insurance. You may obtain it from anyone you want who is acceptable to us. We have shown the cost of this insurance in 4A of the Itemization of Amount Financed, above. Insurance Company N / A Term: ~. months [] $ N / A Deductible Collision and either: [] Full ComPrehensive including Fire, Theft and Combined Additional Coverage [] $ N/A Deductible Comprehensive including Fire, Theft and Combined Additional Coverage the cost of fills insurance ih 4B of the Itemization of Amoun - Financed, above Insurance Company. N / A Term: [] 36 months or 36,000 miles, whichever occurs first Term: [] [] Fire, Theft and Combined Additional Coverage [] $25 Deductible [] $50 Deductib. le [] $ N / ~ Deductible Optional, if desired--[] Towing and Labor costs [] Rental Reimbursement ~ CB Radio Equipment ***Optional Credit Life and/or Accident and Health Insurance. We do not require you to have credit life insurance and credit accident and health in. ance to obtain credit. We will not provide them unless you sign for them and agree to pay the additional cost. If you want this insurance, Check the insurance desired and sign below. If you have chosen this insurance, the cost is shown in 4C of the Itemization of AmOUnt Financed, above. Check the insurance desired: [] Life (Buyer [] Co-Buyer [] Disability, Accident and Health (Buyer Only) (Name of Insurer-Life) (Name of Insurer-A & H) (Home Office. Address) This policy will pay amounts due on this contract up to $ N/A APPROVAL: I DESIRE TO OBTAIN THE CREDIT LIFE AND/OR ACCIDENT AND HEALTH INSURANCE PERSONS PROPOSED FOR INSURANCE. (Home Office Address) CHECKED ABOVE FOR THE PERSON/ Buyer Signature Date Co-Buyer Signature Date ANY INSURANCE THIS CONTRACT DESCRIBES DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND I~ROPER-TY DAMAGE CAUSED TO OTHERS. If you do not meet your contract obligations, you may lose your motor vehicle. See the other side of this contract for other important agreements, including your agreement to give us a security, interest in. insurance premiums and proceeds. ' You signed this contract on (Do not date on Sunday)_ HA ¥ Z 4 l: h ! 51 9 9 (Mo.) (Day) (Yr.) Notice to Buyer Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to/j~te(~Jr~u/r I/egal rights. _BuyerSigns (/~ JIII OV CoBuyerSi ns Co-Buyers~,-d'.Otfi~'~Owders A~co L. . . -. ' g ?_t!e to the veh,cle but does not ha~t~ paTtheU"~-eUbUt.Y~r~es caoP-~;~r~ oWrno(~eoSwPnC°eT~bnIs for paying the ent, re d~_.b.t..An other, o..wner ,.s.a perso, n whose name is on the ~nmresL owe that we have a security interest m the vehicle and consents to the security Other owner signs here Address Seller Signs JONES PON'rI/~C GH[: TRUCK [~0. .~_Y ...... ] - Tii '' You acknowledge you received a true, correct and complete copy of this c e seller when you signed thisAOl~tr, act.. Buyer Signs~ //~.~//,~. Co-Buyer Signs If Seller obtained this vehicle from Gen tore Corporation (GM) on instalment credit terms, Seller assigns its interest in this contract to GM under the terms of the GM Instalment Sales Finance Plan--Terms of Substitution and Assignment agreement. O~herwise, Seller assigns its interest in this contract to General Motors Acceptance Corporation (GMAC) under the terms of the GMAC Retail Plan agreement. Assigned with recourse 1 q"-. Assigned withe~L[ecourse or with limited recourse Seller By Title Notic . Title Z~09 PA 5-98 (For use in the State of Pennsylvania) (1 of 4) ORIGINAL OTHER IMPORTANT AGREEMENTS Ownership and R|sk of Loss. You agree to pay us all you owe under this contract even if the vehicle~s damaged, destroyed or missing. You agree, not to remove the.vehicle from the United States or Canada. Yc~u agree that-you will. not sell, rent, lease or otherwise transfer anY interest'in. th~'vehicle or this contract with- ou.t our written permission. You ag~:ee not to expose the vehicle to m~suse, seizure, cOnfiscatiOn, or other involuntary transfer, even if the vehicle was not the subject of judicial or administrative action. You will make sure our security interest (lien) on .the vehicle is shown on the title, If we Pay any repair bills, storage bills, taxes, fines, or other charges on the vehicle, you agree to repay the amount when we ask for it. Security Interest. You give us a security interest in (1) the vehi- cie being purchased, (21 any accessorieS, equipment and re la ment parts installed in the..vehicl~. /~ ...... p ce- ..., ~`~~) c[H¥ insurance premiums and charges for:service contracts returned to us, (4) any proceeds of insurance policies or service contracts on the vehicle, and (5) any · proceeds of insurance policies on your life or health that this contract finances. This secures payment of all amounts you owe in this contract, or that you may owe under any separate insurance finance agreement with us. This secures payment of all amounts you owe in any transfer, renewal, extension or assign- ment of this contract. It also secures your other agreements in this contract. Prepayment Refund. YOU can prepay all of your debt and get a refund of part of the Finance Charge. We will figure the refund by the Actuarial Method but we will not pay you if the net finance charge is less than $10. We wilt not pay you the refund if it is less than $1.00. Required Physical Damage Insurance. You agree to have physical damage insurance covering loss or damage to the vehi- cle for the term of this contract. At any time during the term of this contract, if you do not have physical damage insurance that cov- ers both your interest and our interest in the vehicle, then we may buy insurance for you. If we do not buy physical damage insurance that covers both interests in the vehicle, we may, if we choose, buy insurance that covers only our interest, .'. We are not obligated to buy any insurance, but may do so if we choose. If we buy insurance, we will tell you what type it is and the charge you must pay, if any. The charge will be the cost of the insur- ance and a finance charge, at the highest lawful contract rate. You agree to pay the charge in equal instalments, either with the pay- ments shown in the Payment Schedule section, or as a separate account set up for this purpose. If the vehicle is lost or damaged, you agree that we can use any insurance settlement either to repair the vehicle or to apply to your debt. Late Charge. You will have to pay a late charge on each pay- ment we receive more than ten days late. The charge is shown in the Federal Truth in Lending disclosures section on the front. If we accept a late payment or late charge, this does not excuse your late payment or mean that you can keep making payments late. We may also take the steps in the sections "When You Must Repay in Full Before the Scheduled Date" and "Repossession of the Vehicle for Failure to Pay" if there is any late payment. Optional Insurance or Service Contracts. This contract may contain charges for optional insurance or service contracts, if we repossess the vehicle, you agree that we may claim benefits under these contracts. You also agree that we may terminate them to obtain refunds for unearned charges. Refunds of Insurance or Service Contract Charges, If pay according to the payment schedule or if yOu break any of the agreements in this contract (default). We must give you any nOtice the law requires. We can enter your property or the property where the. vehicle is stored to take the vehicle if we do it peacefully. If there is any personal property in the vehicle, such as clothing, we will store it for you. Any accessories, equipment or replacement parts will stay with the vehicle. Getting the Vehlcle,~ Back. After Repossession...if we repossess the vehicle, you haVe the right to get it back (redeem) by paying all you owe on the contract (not just past due payments). You will also have to pay any late charges, the cost of taking and storing the vehicle, and other expenses that we have had. When we figure the entire amount you owe on the contract, we will give you a refund of part of the finance charge figured the same way as if you had prepaid your contract. Your right to redeem will end when we sell the vehicle. Sale of the Repossessed Vehicle. We will send you a writ- ten notice of sale at least 15 days before we sell the vehicle. If you do not redeem the vehicle by the date on the notice, we can sell the vehicle. We will use the net proceeds of the sale to pay all or part of your'debt .... We will figure the net proceeds of sale by subtracting these items from_ the selling price: Any late charges; any charges for taking and storing the vehicle, cleaning and advertising, etc.; and any reasonable attorney fees and court costs. If you owe us less than the net proceeds of sale, we will pay you the difference, unless there is a requirement that we pay it to some- one else. For example, we may have to pay a lender who gave you a loan and also took a security interest in the vehicle. If you oWe mOre than the net'proceeds of sale, you will pay 'us the difference between the net proceeds of sale and what you owe when we ask for it. If you do not pay this amount when we ask, we may also charge you interest at the highest lawful rate until you pay us all you owe. CollectJorl Costs. If we hire an attorney to collect what you owe, you will pay the attorney's reasonable fee and any court costs. Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of our rights under this contract without losing them. For example, we can extend the time for making some payments without extending the time for others.- Any change in terms of this contract must be in writing and we must sign it. No oral changes are binding. If any part of this contract is not valid, all other parts will remain enforceable. Warranties We Disclaim. You understand that if you or others use the vehicle principally for businesS.or agricultural purposes, or if we told you in writing before sale that we are selling the vehicle on an "as is" basis and that you are respon- sible for the entire risk as to the quality of performance of the vehicle, there is no implied warranty, of merchantability, no implied warranty of fitness for a I~articular purpose and no implied warranty that extends beyond the description of the. vehicle on the other side of this contract, unless we extend a written warranty or service contract within 90 days from the date of this contract. An implied warranty of merchantability generally means that the vehicle is fit for the ordinary purpose for which people generally use such vehicles. A warranty of fitness for a particular purpose UUI IU c~L, II ~/UU gL/ I Igl I I~,¥~ MI I.y~llJ~l.I Ud.I I Idg~ If I,SUl d! II,,;U U Iai COV- ers bce. your interest and our interest in the vehicle, then we may buy insurance for you. If we do not buy physical damage insurance that covers bothlnterests in the vehicle, we may, if we choose, buy insurance that covers only our interest. We are not obligated to buy any insurance, but may do so if we choose. If we buy insurance, we will tell you what type it is and the charge you must pay, if any. The charge will be the cost of the insur- ance and a finance charge, at the highest lawful contract rate. You agree to pay the charge in equal instalments, either with the pay- ments shown in the Payment Schedule section, or as a separate account set up for this purpose. If the vehicle is lost or damaged, you agree that we can use any insurance settlement either to repair the vehicle or to apply to your debt. Late Charge· You will have to pay a late charge on each pay- ment we receive more than ten days late. The charge is shown in the Federal Truth in Lending disclosures section on the front. If we accept a late payment or late charge, this does not excuse your late payment or mean that you can keep making payments late. We may also take the steps in the sections "When You Must Repay in Full.' Before the Scheduled Date" and "Repossession of the Vehicle for Failure to Pay" if there is any late payment. Optional Insurance or Service Contracts. This contract may contain charges for optional insurance or service contracts. If we repossess the vehicle, you agree that we may claim benefits under these contracts. You also agree that we may terminate them to obtain refunds for unearned charges. Refunds of Insurance or Service Contract ChargeS. If ' we receive a refund of any charge for required insurance, we may (1) credit it to your account, (2) use it to buy similar insurance, or (3) use it to buy insurance which covers only our interest in the vehicle. We will credit any refund on optional insurance or service contracts we obtain to yuur account. We will credit bO~'the amounts we receive and the unearned Finance Charges on those amounts to your account: We .will apply these credits to as many of your payments as they Will Cover, beginning with the last payment. We will tell you what we do. When You Must Repay in Full Before the S Date If you pa,, an" ma ....... .. cheduled · ~, y p yJnen[ late; ir you or someone else starts a proceeding in bankruptcy, receivership or insolvency against you or your property; or if you break any of the a reement ' tract (default) we can deman,~*h~* ........ ~, s in th~s con- .... ,~, yuu pay al you owe on this con- tract at once. We must give you any notice required by law. In fig- uring what you owe, we will give you a refund of part of the Finance Charge figured the same way as if you had prepaid in full. Repossession of the Vehicle for Failure to Pay. Repos- ii y~u UvV~ lllUJt~ Llidll I, I1~ li~L ~iU~Ub UI bc:Ll~, yUU Will pay u~ difference between the net proceeds of sale and what you owe when we ask for it. If you do not pay this amount when we ask, we may also charge you interest at the highest lartcful rat~ until you pay us all you owe. Collection Costs. If we hire an attorney to collect what you owe, you will pay the attorney's reasonable fee and any court costs. Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of our rights under this contract without losing them. For example, we can extend the time for making some payments without extending the time for others. A. ny change in terms of this contract must be in writing and we must sign it. No oral changes are binding. If any part of th s contract is not valid, all other parts will remain enforceable. Warranties We Disclaim. You understand that if you or others use the vehicle principally for busineSs'Or agricultural purposes, or if we told you in writing before sale that we are selling the vehicle on an "as is" basis and that you are respon- sible for the entire risk as to the quality of performance of the vehicle, there is no implied warranty.of merchantability, no implied warranty of fitness for a P'a~ticular purpose and no implied warranty that extends beyond the description of the. vehicle on the other side of this contract, unless we extend a written warranty or'service contract within 90 days from the date of this contract. An implied warranty of merchantability generally means that the vehicle is fit for the ordinary purpose for which people generally use such vehicles. A warranty of fitness for a particular purpose is a warranty that may' arise when we have reason to know the Particular purpose for which you require the~vehiCle and you rely on our skill or judgment to furnish a suitable vehi.cle. ~ This provision does not affect any warranties 'covering the vehicle that the vehicle manufacturer may provide to you. · Used. Car Buyers Guide; The information you see on the window form for this vehicle is part of this contract. Informa- tion on the window form overridesany contrary provisions in the contract of sale. Notice of Substitution of Contract. If we obtained this vehi- cle from General Motors CorporatiOn (GM) on instalment credit terms, we will substitute this contract for, and this contract will replace our obligation to pay GM fOr the vehicle you are purchas- ing. This substitution will not change the amount you have agreed to pay us, the payment schedule, the finance charge or any of your rights and duties for this purchase. The terms of this contract set forth your entire and only obligation to us, GM, or any other holder session means that we can take the vehicle from you if you fail to of this contract. 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. PUR- SUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. When You Must Repay in Full Before the Scheduled Da~*e. If you pay any payment late; if you or someone else starts a proceeding iD bankruptcy, receivership or insolvency against'you or your property; or if you break any of the agreements in this con- tract (default), we can demand that you pay all you owe on this con- tract at once. We must give you any notice required by/aw. In fig- uring what you owe, we will give you a refund of part of the Finance Charge figured the same way as if you had prepaid in full. the contract of sale. Notice of Substitution of Contract. if we obtained this vehi- cle from General Motors Corporation (GM) on instalment credit terms, we will substitute this contract for, and this contract will replace our obligation to pay GM for the vehicle you are purchas- ing. This substitution will not change the amount you have agreed to pay us, the payment schedule, the finance charge or any of your rights and duties for this purchase. The terms of this contract set Repossession of the Vehicle for Failure to Pay. Repos- forth your entire and only obligation to us, GM, or any other holder session means that we can take the vehicle from you if you fail to of this contract. 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, PUR- SUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. EXHIBIT "B" .FINANGIAL INSTITUTION NUMBER GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff Ve ESP API, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. - o : CIVIL ACTION - LAW : : ACTION IN REPLEVIN PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Dennis E. Boyle, Esquire, and Jodi A. Beierschmitt, Esquire, as Attorneys for General Motors Acceptance Corporation, the Plaintiff in the above captioned case. NAUMAN, SMITH, SHISSLER & HALL, LLP Dennis E. Boyle~Esquire Supreme Court I.D. No. 49618 Jodi A. Beierschmitt, Esquire Supreme Court I.D. No. 84727 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: General Motors Corporation Acceptance Dated: May 13, 2003 GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff Vo R L C, INC. d/b/a ESP AP1, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2310 CIVIL TERM : : CIVIL ACTION - LAW : ACTION IN REPLEVIN PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-reference matter at the request of the Plaintiff, General Motors Acceptance Corporation. NAUMAN, SMITH, SHISSLER & HALL, LLP Dated: May 23, 2003 Dennis E. Boyle, Esqui Supreme Court I.D. No. 49618 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: General Motors Acceptance Corporation