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HomeMy WebLinkAbout01-04664FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff v. JASON P. STONER and DONNA L. WAY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW TO: Jason P. Stoner Donna L. Way 2147 Chestnut Street 290 Hillside Drive Camp Hill, PA 17011 New Cumberland, PA 17070 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 YOURDEFENSES 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 CLAIlVIED 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 OF 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 Cazlisle, Pennsylvania 17013 (717) 249-3166 r Reiter 43581 Mi<eBONALD, ILLIG, JONES & BRITTON LLP 100 State Street, Suite 700 Erie, Pennsylvania 16507-1498 (814)870-7600 Attorneys for Plaintiff x. FIRST NATIONAL BANK OF ) PENNSYLVANIA, ) Plaintiff ) v. ) JASON P. SxONER and DONNA L. WAY, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COMPLAINT 1. First National Bank of Pennsylvania (hereinafter "plaintiff') is a lending institution duly-authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 4140 East State Street, Hermitage, Pennsylvania 16148. 2. Jason P. Stoner (hereinafter "defendant") is an adult individual last known to reside at 2147 Chestnut Street, Camp Hill, Pennsylvania 17011. 3. Donna L. Way (hereinafter also "defendant") is an adult individual last known to reside at 290 Hillside Drive, New Cumberland, Pennsylvania 17070. 4. On or aboutNovember 1,1999, the defendants leased from SutliffCapital Ford one 2000 Ford F150 pickup truck, vehicle identificafion number 2FTRX18L1YCA03484 pursuant to the terms of a written lease agreement (the "Lease"). A true and correct copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference. 5. The lessor's right, title, and interest in and to the Lease and the vehicle which is the subject of the Lease were immediately assigned to plaintiff for value. ~.~ . ~.. r ,- - 6. As a result of the defendants' default under the terms of the Lease, the vehicle was repossessed and sold by the plaintiff. After sale of the vehicle pursuant to the terms of the Lease, the balance due and owing to the plaintiff by defendants is $7,380.04. Under the terms and conditions of the Lease, plaintiff is entitled to recover reasonable attorneys' fees as a result of the defendants' default under the Lease, which plaintiff believes and therefore alleges will total $2,000.00. 9. Numerous demands for payment have been made by plaintiff, but defendants have failed or refused to pay. WHEREFORE, plaintiff demands judgment against the defendants in the amount of $9,380.04, plus interest on the unpaid principal balance at the rate of six percent (6%) per year from May 10, 2001, plus costs of suit and such other relief as is just. s Fuhrer Reiter a. I. . No. 43581 ac ONALD, ILLIG, JONES & BRITTON LLP 100 State Street, Suite 700 Erie, Pennsylvania 16507-1498 (814)870-7600 Attorneys for Plaintiff -2- FNB 9-9 Rev. 4 \FIRST NATfONAL BANK .r ru„p..ni, ~ Pennsylvania CONSUMER PAPER GLOSEDfND MO7OR VEHICLE LEASE MONTHLY PAYPdENT LEASE Lease Date: 11 /Ol /99 [ j Business, Commercial or Agricultural Purpa:es Lease ;: : , 1.,Parties artd Agreement.tglease '_ '' Lessor Name and Business Address Lessee(s) Name(s) and Residence Address(es) SUTLIFF CAPITAL FORD 1000 PAXTON ST PO BO HARRISBURG, PA 17105 JASON P STONER DONNA L WAY 2147 CHESTNUT ST 2147 CHESTNUT ST ~ CAMP HILL PA 17011 CAMP RILL PA 17011 County You are the Lessee(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement Ithe "Lease") to the Assignee named below. Prior to the assignment, any reference in this Lease to "We," "Us" or to "Lessor" shall mean the Lessor named above. However, under the Federal Consumer Leasing Act, both We and the Assignee named below are considered "Lessors." Except tar this required disclosure, the Assignee will have no rights or obligations as a lessor on this lease until i[ is assigned. then, any reference to "We," "Us" or to "Lessor" shall mean the Assignee. Each of you who signs the Lease is individually liable to us for all Lease obligations. You are leasing the Vehicle described below ("the Vehicle") from us. You agree to pay all amounts due under the Lease and fulfill all your obligations under the Lease. You intend to use the Vehicle primarily for personal, family or household purposes unless the "Business, Commercial or Agricultural Purpose Lease" box above is checked. In this Lease, "e" means an estimate. s" ?Oescsiption gftite Leased;Psoperty.(The. "Vehicle"} New ~ ] Year Make Model No. of Cyl. Style Vehicle Identification Numher Odometer Mileage Used( 1 Demo( ) 00 FORD 150 PI 8 TK 2FTRX18LSYCA03484 99 Equipped With: Tear Make Model ** Net Trade~ln Allowance = $ Gross Ameunt of Trade~ln Allowance $ N/A poor Creditor Lease Balance - $ N/A U( less than zero, enter zero) A. Pederril Consumes Leas€ng'Rct Oiailosu(e,Wfiich~ls Part of this:iease Amount Due at Lease Monthly Payments Othei ChafgeS (Not part of your monthly payment) Total of Payments Signing or Delivery Yaurtirst monthly payment of $ 410.00 Ol OV ~~ (The amountycu will have * (Itemized belcw) N is due on ~ Disposition fee (If you do not paid by the end of the Lease) followed hy ~ents of purchase the Vehicle) $ 300.00 541 00 $ 4a n nn due on the 1ST $ N/A . $ of each month. The fo(a(of your monthly payments $ N/A $ 24981 .00 is $ 24600.00 Total $ 3~Q0.00 ~ - 'Itemization of Amount Due at Lease Signing or Delivery 1 Amount due at Lease signing or delivery: Refundable Security Deposit +$ N/A How the amount due at Lease signing ar delivery Capitalized Cost Reduction $ itle Fees +$ 22.50 will be paid: Sales Tax on Cash Downpaymenl +$ Registration Fees +$ SS . SO Net trade~in allowance** $ N/A Sales/Use Tax +$ TIRE_ TAX +$ 5.00 Rebates and non~cash credits +$ N/A Optional MBP +$~~ DOC FEE +$ 4n On Amount to be paid in cash +$ 541.00 First Monthly Payment +$ 410.00 Prepaid Rental Payment +$ N/A Total =$ 541 _On t--.y Total =$ 541.00 / Your Monthly Payment is Determined as shown below: Gross capitalized cost. The agreed upon value of the Rent charge. The amount charged in addition to the Vehicle ($ 27432.15 )and any items you pay aver depreciation and any amortized amounts } $ 8017.20 the Lease term (such as service contracts, insurance, and any Total or hose monthly payments. The depreciation and ou(standmg prior creditor lease balance $ 27832.15 any amortized amounts lus the rent charge = $ 22569.00 Capitalized cost reduction. The amount of any net irade~in EXHtB~T allowance, rebate, non cash credit, or cash you pay that cots in your Lease _ 60 reduces the gross capitalized cost -$ your Lease) Adjusted capitalized cost. The amount used in ~ _ $ 376.15 catcu7ating your base monthly payment = $ 27832.15 uay uavc m vay a aummuua, waigc n you rnv uua cea>e eauy. ,e cna+ e i i i' ~>. we armor arerge mn uepeuu on when the Lease is terminated. The earlier you end the lease, the greater this charge is likely to be. Excessive lyear and Use. YpU may be charged far excessive wear based pn our standards for normal use and for mileage in excess of~~8~miles per year, at the rate of z per mile. .14 13690.55 Purchase Option at End of Lease Term. You have the option to purchase the Vehicle at the end of the Lease term for $ and a purchase option fee of $ .The purchase option price does no[ include official fees such as those fcr taxes, tags, license and registrabon. Other Important Terms. See your Lease documents for additional information on early trminatron, purchese options and maintenance responsibilities, warranties, late and default charges, insurance, and any security interest, if applicable. S .Etsmizahan o~ Gloss C3pitaiiied.Cost (Brie IEam 4 ahove},' Agreed upon value of the Vehi~432.15 Sales Tax - (Including LuxuF;Rikl Mechanical Breakdown Protection N/A Other (Specify) N/A Prior Creditor Lease Balance N/A 0 , e 40 .00 $ $ $ $ S $ ".' B:` ees. arees., arrantres;an Preoerv nsnrance Official Fees and Taxes. The total amount you will pay for official and license fees, regislra~ lion, title and taxes aver the term of your Lease, whether included with your monthly payments or assessed otherwise: $_ a (See Item 1311) on reverse) Warranties. The Vehrcle is subject to the following express warranties; If the Vehicle is new, the Vehicle is subject to the manufacturer's standard new car warranty. [ I If this box is checked, the Vehicle is subject to the following express warranty or guarantee: If the Vehrcle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90 days of the Lease Date we extend a service contract covering the Vehicle, this disclaimer will not affect any implied warranties during the term of the warranty or service contract Late Payments. No late charge writ he assessed or collected when the only delinquency rs Tate charges assessed an an earlier delinquency. The charge far late payments is: 5% of the base monthly payment for any payment not received within 30 days of the dale it is due. Disposition fee ISee "Return of the Vehicle" on the other side of this teasel: $ 300.00 Early Termination Purchase Option Fee (See "Option to Purchase Vehicle Upon Early Termination" ort the other side of this lease): $ 300.00 plus one Monthly Payment. Early Termination Fee (See "Terms Cancernmg Early Termination of the Lease" on [he other side of this teasel: $ 300.00 plus one Monthty Payment. Physical Oamage and Liability Insurance. You have obtained the insurance that is required for this Lease (see "Insurance" on the other side of this Lease.) NAME OE AGENT TELEPHONE k CONFIRMATION N INSllRANCE COMPANY ' ', ' :7,?Opfiotial Pra>hucts and Seivices' '' °„' You are not required to bu~~,,aa,,~n~~ gqppJ~~pphh~~yy pq,S5odWq~;$ ,A ryy~lpp,es L(~~enter into the Lease. The p{u~u~°~~~ ~~r~ grAakdown pr,¢tpcoon (°MRP"t term term of any product or servlCcp7odPtSdYF~ L~asE~~3sk diAl4en~4~Fa~r isSshawlt3oullFk Leese-e's7nr ta1s~3U1C(9 YA 1 / 104 right. If you decide you want to huy an optional product or service, review the terms of the Coverage contract which describes the product or service before you initial to the right A completed copy of the contract will 6e given to you as soon as praclica6le. Optional Service Contract Term or Exleneed Warranty Term By initialing to the right, you indicate that you want to buy the optional products and Lessee's Initrars services indicated, If the cost shown is not shown as part of the Itemization of Amount Coverage N><A Due at Lease Signing ahove, it has been added to the Grass Capitalized Cost (see above). NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU NAVE RECEIVED AND READ A CON),PIETED COPY OF THIS LEASE BEFORE SIGNING IT. ~} Lessee Signature Lessee Signature ,Type/Print Lessee Name type/Pool Lessee Name '1t1. LESSOR`S ACCffPTAt4CE RND RSSIGNMENT The Lessor's authorized signa($gN(}patga tlgN•pj~s accepted the terms, conditions and oblrgalions at the Lease and ihatDfJ2tliilr ~ret+EArYthe "Lessor's Assignment" provision on the other side of this Lease. Lessor Name: ,$'tt'T~I t'~ CI'}Q )T/IL ~'c'!Op n q / e ~ By oQk rv~ C. /~'~-r .~--~~p - ~'x-L~t~.Cf(~r Assignee Name: First National Bank of Pennsylvania y - ' Type/Print Name: L7i)~eD C'~ /Y/3 ,S;S 4Y~01~ 4140 East State Street, Hermitage, PA 16148 Type/Print title: ~'N~eL~~!( IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE. LEASE GUARANTY I (the Guarantor(s) srgnmg below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement Cthe Lease") dated as of the date below. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full performance by Lessee of all premises, terms and conditions of the lease (collectively the "Liabilities"I. If an event of default occurs under the Lease, I shall pay immediately any amounts due ham the Lessee or take any action required of the Lessee under the Lease. My liability under thu Guaranty is primary and will no[ be attecletl by any settlement, extension, renewal or rnodihcatien of the lease or by the discharge or release of the Lessee's obligations, whether ur not by operation of law. I waive all damages, presenbnenls, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying (o collect all or any part of the Liabilities, and m enforcing this Guaranty. This Guaranty is an absolute, continuing anJ unconditional guaranty. Alter assignment of the Lease, this Guaranty may be modified or terminated only with the assignee's prmr wntten consent. Any parts of this Guaranty which conflict with any statute, rule or law, shall be deemed null and void la the extent of such conflict, but without affecting the rest JI this Guaranty If mere ;tan one party signs this Guarahty, each is jointly and severally ob/rgared. Each signer art behal(ul any wrporale guarantor warrants that he hart authority N sign un behalf of such wrcoraUon anJ by so signing, to hint the corpm-ate 11: 6efaUlt, Rspossessjnn and gther tiemddtes ' You wi- he m defauH if: You fan to make a monthly payment when II Is due; You fail to pay any amount ynu owe under the Lease when it is due or when demand is made; You provide any talsu or misleading information in any lease application; • You fail to maintain the required insurance; You lase ponessien of the Vehicle by confiscation, forfeiture or other involuntary transfer regardless of whether the Vehicle is the suhject of Iudirial or administrative proceedings; You or your properly become sublect to bankruptcy proceedings; • '!ou die and there is no surviving lessee; The Vehicle 1s IosL stolen or damzgetl beyond repair; Yov assign the Lease ar transfer the Vehicle; You fail to keep any other promise or obligation under the Lease or violate zny other term of the Lease. It you default, the Tay, but are not r2yuired ta, take action to protect our interest in the Vehicle (such as buying insurance). Our action does not cure your default. Amounts'we spend taking such action, such as, but ;not limited to actual tear( costs and reasonable attorneys' fees, will be added ;o your Lease ohl~aiions and will bear lease charges, if permitted by law. If we end this Lease becx!ise of default, you authorize us to cxncel any PABP or other op}ional product or service you bought in connection with this Lease and to receive anY refund or credit due uprn such ranrellation In apply to amounts you owe. After giving any notice requires by law, and suhject to any waiting periods imposed by law, we may peaceably repossess the Vehicle wherever .re may find d. You authorize us to enter onto any property ~.vhere the `/ehicle may be to take possession of it and remove iL lNe may use (he license plates on the Vehicle in moving d Io a stwage place. Alter we repossess the Vehicle, we will hold it free of any rights you may have under ihlc Lease, subject tc any rigfit you may have under the law to cure a breach nr redeem the Vehicle. Unless you tell us within 48 hours of any personal property ynu claim was in the Vehicle vrhen it was repossessed, v+e will not 6e responsible for that property. This Item Il will survive termination of this Lease. la) Ycu may terminate lend) the Lease before the end of the Lease term under the following conditions: If you are not in default under the Lease, you may end the Lease by returning the Vehicle td us anC paying us, within five business days of the date we make demand, your early termination liahility (see helowJ. (b) lNe may end the Lease before [he end of the Lease term under the folloving conditions: If you are in default, we may end the Lease. You must return the Vehicfe to the place we designate. Ycu must pay us, within five business days of the date we make demand, your early termination liability (see helowJ. Upon early terminztion you agree to pay the following charges: An Early Termination Fee as shown on the other side of this Lease; • Any unpaid monthly payments and other amounts then due; Any official fees and taxes imposed in connection with termination; and • Tfie amount by which the adjusted lease balance exceeds the Vehicle's realized value at termination. If 'we have to take possession of the Vehicle from you, you will pay us the amount we have to pay for expenses in doing so. If we have to stare the Vehicfe and pay storage charges, you will pal' us the amount ci the storage charges. We will apply some or all of your security deposit to what you owe. We figure your adlusted Lease balance, which is the balance sublect to the lease charge, using the "constant yield method". "Constant yield method" means, the method of determining the lease charge portion of each base monthly payment under which the lease charge for each month is earned in advance by multiplying the constant rate implicit in the Lease times the balance sublect to lease charge as it declines durng the Lease term. At any given time during the Lease term, the adjusted lease balance is the difference between the adjusted capitalized cast and the sum of: (i; all depreciation amounts accrued during the previous monthly periods, and iii) the depreciation portion of the first base monthly payment. The periodic lease charge calculations are based on the assumption that we will receive your payments on their exact due dates xnd that the Lease goes to its full term. The realized vaW2 of the Vehicle is: the price !ve receive for the Vehicle at disposition; the highest offer we receive for disposition of the Vehicle; or the fair market value of the Vehicle at the end of the Lease term. We will add to the amount you owe us what if costs us to pay someone to dispose of the Vehicle, far example, an auction fee. (c) Te the extent these charges take into account the value of the Vehicle at termination, if you disagree with the value we assign tp the Vehicle, you may obtain, at your own expense, and within 10 business days from Lease lerminaiidn from an independent third party agreeable to you and to us, a professional appraisal of the wholesale value of the Vehicle which could 6e realized at sale. We will then use the appraised value as the realized value. If we have to pay someone to help us collect the amount you owe us, we will add the amount we have to pay io Ifie amount you awe us. This may include reasonable attorney's fees and court costs, if permitted by law. . fi .:,~ , 13 ¢ttrer Terms°and,FoDd~tiarts; . r , , , .,, :; (al Insurance. You agree to maintain, in your name, the following types and amounts of primary insurance (or the Lease term and until you return the Vehicle: Public liahility insurance with coverage !imrfs of at least $100,000 if one person is injured and $300,000 iF more than one person is injured; uninsured motorist coverage; property damage liability insurance with coverage of at !east $50,1700; collision and comprehensive fire and theft with a deductible amount of no more than $500. Yau can obtain insurance at your expense through any agent, broker or insurer of your choice. This required insurance must be in effect before you take delivery of the Vehicle and may not 6e cancelled until after you return the Vehicle to us. The insurance company and the policy must he reasonably acceptable to us. The policy most provide us with no less than 30 days written notice of cancellation or reduction in coverage for any reason. Collision, IiabiGty and/or comprehensive insurance must name you as the insured and us as an additional insured and loss payee. If we ask, you must furnish us with satisfactory evidence that the required insurance is in effect You must notify us and the insurer within 48 hours of any event causing lass. You must cooperate sully with us and the insurer in providing full, complete and accurate information about the toss. If the Vehicle is damaged and you (ix it to our satisfaction, we will pay you any insurance proceeds we have received it ynu are not then in default. You authorize us to file a proof of loss i( you do not, and to sign your name to any check or draft representing insurance prooeeds. (bJ NOTICE: PHYSICAL DAMAGE OR LIABILITY INSURANCE COVERAGE FOR BODILY INIURY AND PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS LEASE. (c) Your Gap Liability and Gap Waiver. You are liable for the "gap amount"The "gap amount" is the difference between the amount you would owe (or which you would awe in the absence of gap protection) under this Lease in [he event of a total loss of the Vehicle before the end of the Lease term occasioned by its loss, theft or physical damage, and the actual cash value we receive tram your insurance company, The gap amount does not include the deductible under your insurance policy, or any amounts by which ypu are in default For a fee, we may waive our right to collect the gap amount from you. If we do, the cost of such waiver appears in either !tem 4 pr 5. Our waiver of our right to celtect the gap amount from S'ou is conditioned an our receipt of: (a) all amounts due under the Lease as of the dale of our receipt of the insurance proceeds, or, if no such date is specified, as of the date of the Vehicle's total toss; (b) an amount from You equal to your deductible and any other subtractions from the actual cash value of the Vehicle under your pblicy; and (c) insurance proceeds from the insurance policy required under this Lease. Gap protection may also be avaitahle from a third party. It so, and you elect such third party gap protection and the cost of the protection will appear in either Item 4 or 5 and the terms and conditions o} the coverage will appear in the contract from the third party. Gap protection is not avaitahle in all states. (tll Standards for Wear and Use. When you return the Vehicle at the end of the scheduled Lease term (including any extension), you are IiaUle far charges for excess wear and use. The following standards apply for determining unreasonable or excess wear and use: • The Vehicle must be able to pass any inspection required by law, even it an inspection is not then due. The Vehicfe must have matching tires (not retreads) comparable to those on the Vehicle when it was delivered to you, with at least 1/8" of tread remaining at the lowest spot, The engine, drive train, odometer, and other mechanical and electrical parts shall operate and not 6e damaged. There must be no scratches, dents, pits, rust areas, mismatched paint or cracks in or an the feritlers, bumpers, grills, hood, trunk, roof or doors. No special identification or decal will appear on the Vehicle. There must 6e ne rips, tears, burns, sailing or excessive wear in the carpet, seals, doors, headlining or dashboard. The windows, lenses and lights shall not he cracked or broken. The Vehicle Identification Number in Item 2 must not have been altered or defaced. There must he no frame or suspension damages. We determined the amount of your base monthly payment, in part, on the mileage shown in Item 4, "Excessive Wear and Use." Unless you buy the Vehicle at the end of [he Lease term, you will return i[ to us in the cronditien in which you received i4 except far reasonable wear and use. (e) Security Deposit. Unless required by law, 'we do not keep the security deposit separate in a bank or earmarked an our books. We may apply some or all cf the security deposd to what you owe. Any unused security deposit will be returned to you at [he end of the Lease. We have no fiduciary duty is ynu with respect to the security deposit. No interest, increase or prod[ on the securty deposit will accrue or he paid to you. (f) Option So Purchase Vehicle Upon Early Termination. You have an option to buy the Vehicle prior to the end of the term. The price will be the adlusted !rase balance (see Terms Concerning Early ienninatien of the Lease, above) plus a purchase option lee as shown in "Early Termination Purchase Option Fee" on the other side of this Lease, plus any other charges due and unpaid under this Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 day>' notice in writing cf your intent to but the Vehicle. (g) Return of the Vehicle. If you do not buy the Vehicle from us under }roar purchase option, you agree to return the Vehicle to us at the end of the Lease term at a place we desigrate. You Svill return the Vehicle in clean condition, When you return the Vehicle, you must give us a completed, signed otlome0.`r disclosure statement. You agree to paY us any amounts you mve under t71a Leese and have oat paid. We may apply all or part of your security deposit to what you owe us. It you keep :62 Vehicle after tfie date you are supposed to return it, you will pay us a monthly amount equal to the Total monthly payment and other amounts that may come due. Your payment does nn[ permit you to keep the Vehicle unless you get our permission m advance. You •nill pal' us upon return of the Vehicfe, a dispnsdion fee as shoran in "Disposition Fee` on the other side of this Lease. (hl h9ainhnanca. '(ou ~.mll maniain tl;e Vehicle in Band crocking order and repair. You will pay all ooeratine cosU, such ae gasoline. oil. and reolacemen[ Itres. `: r ~,vtli, al roar exe nse. .... .... .... ......... . a ~~ ,~,~., ,~ ~~ ~o ~m ~ ui yuur monmty payment, the actual total of fees and taxes may be higher or lower depending on the tax rates in effect ar the value of the leased property at the time a-flee or tax is assessed. This paragraph will survive termination of this Lease. if you move the Vehicle to another state and reregistratien is required, you agree to reregister the Vehicle and to pay all casts and expenses of registration. You also agree to pay us an atlmrnistrative fee of $4D to pay for our expenses in connection with reregistration. (j) Returned Check Charge. If any check you give us in payment of any obligation under this Lease is dishonored or returned for any reason, you agree to pay a returned check fee of 520. but it applicable law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amermt. (kl Use of the Vehicle. You will keep the Vehicle permanently garaged a[ the address shown in this Lease. You will keep the Vehicle free from any liens ar claims. You have the risk of loss, and are responsible for the Vehicle's damage or destruction. You will not allow unlicensed drivers 1o drive the Vehicle. You will not use the Vehicle for more than 30 days outside the state where the Vehicle •,vas first titled without our prior written permission. If rve permit you to register the Vehicle in another state, you agree to pay all of our costs of re-registration. We are not required to permit you to move the Vehicle to another state. III Acknowledgment. You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you want, that it has no missing parts and that it is in good condition and the odometer mileage is as shown in Item 2. You accept the Vehiclelor all purposes of 4he Lease. You further acknowledge you have taken delivery of the Vehlcle. (m! Odometer. You are required to maintain accurate mileage records of your usage of the Vehlcle, Normally, usage is determined solely by the odometer in the Vehicle. However, if the odometer should break for any reason, you must immediately repair or replace the odometer and he able to provide us with proper supporting documentation (o indicate the date and mileage when the odometer failed and the date when it was repaired or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you agree to pay the amount 'we estimate the Vehicle's market value has been reduced 6y reason of additional miles not reflected on the odometer, the inability to determine the Vehicle's actual mileage, or both. This paragraph will survivetermination of the Lease. In) Odometer Disclosure. federal law requires you to properly certify the Vehicle's mileage at the time of Lease termination, whether or not the Vehicle is returned to us. This certification is needed so That we can transfer ownership of the Vehicle. Failure io certify the mileage or making a false statement may result in fines andfor imprisonment. You must certify the mileage even if you buy the Vehicle. If we transfer title to the Vehicle and provide incorrect odometer information, either because you did not provide a certification to us or you made a false statement, to the extent not prohibited 6y law, you are liable for and will indemnify us against any claims, damages, penalties, fines or tosses, including our court costs and attorney's fees, which we may incur in connection with your failure to comply with the law. This paragraph will survive termination of the lease. (o) Indemnification. You agree to indemnify us and hold us and our assignees, agents, and insurers harmless, to the extent not prohibited 6y law, from all damages, injuries, claims. demands, and expenses, including reasonable attorney's fees, arising out of the condition, maintenance, use or operation of the Vehlcle, includinga claim under the strict liability doctrine. (pl Assignment of Returned Premiums and Other Amounts. You assign to us any unearned returned premiums or charges or other amounts relating to insurance or any optional product or service sold in connection with this Lease and returned or paid to us. You will earn no interest, increase or profit with respect to such property. (q) Right Of Set-Off: The law gives us a right of set-off in any of your property in our possession. When we assign (transfer) our rights in this Lease, the Assignee will obtain the right of set-off. If you default, the Assignee may exercise the right of set-off and apply any of your property in the Assignee's possession, including deposit accounts, to sums you owe on this Lease. Ir) Waiver. It we fait to exercise any right or remedy ai any time, we Ao not waive the right to tlo so at a later time. (s) Giving Notice. ;;"VCtices may be given personally or sent by first class mail to the address shown on the front side of this Lease. Notices shall 6e deemed given to us when they are personally given or actually received at our address shown in Item 1 or as we otherwise direct from time to time. Notices shall be deemed given to you when they are personally given or when placed in the mail, addressed to you at your address then shown on our records, even though you might not actually receive our mailed notice. You agree that 10 days' notice is a reasonable notice period, unless state law requires a longer period, in which case you agree that the state required period is reasonable. {t) Assignment and Transfer of the Vehicle. YOU fAAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHOUT OUR PRIOR WRITTEN PERMISSION. We may assign all of our ' rights under this Leas°. The person to whom we assign our rights may reassign them. You may not assign your rights dr obligations under this Lease. You agree to render performance of your obligatiens to the origfnat Lessor and, upon receiving written notice of any assignment, to the Assignee or any subsequent assignee. (u) General. this Lease is the entire agreement between you and us. 'Ne have not made any promise to you that is not in this Lease. Any change to this Lease must be in a writing that Is signed 6y you and us. IF any provision of this Lease Is found to be void or unenforceable, Ihls Lease is to be read as if that provision were never contained in this lease. (v) Governing Lavr. If any part of the Lease is invalid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not 6e effective as to that jurisdiction. The rest of the Lease will be enforceable. If you lease the Vehicle primarily for personal, family ar household purposes, the law of the stale in which you reside will govern the lease and the interpretztinn of the Lease. If this lease is not primarily for personal, family or household purposes, you agree that the laws of the state in which the original Lessor does business, as shown in Item 1, shall govern this Lease and your obligations. . Lessor's Assignment. The undersigned dealer ("Dealer") for valuable consideration, receipt or which is hereby acknowledged, does hereby self, assign, and transfer to First National Bank of Pemisylvania ("Bank"), all of Dealer's right, title and ~mterest In and to the within lease, all amounts due and to become due thereunder and the vehicle described therein ("Vehicle"). To induce Bank to accept this Assignment, Dealer warrants that: (11 the Lease is genuine, valid and enforceable according to its terms and accurately reFlecis the Lease transaction described therein in afI respects and is subject to no defenses, setoffs or counterclaims; (2) Dealer has goad title to Vehicle, free and clear of all liens and encumbrances and that no prohibition exists ~~, against the making of this Agreement; (31 the Lessee is competent, is not a minor, and has a driving record which Dealer has presented to and accepted by Bank; (4) the DealeF has fully ''~, complied with, and prior to the completion of the state, federal and local laws and regulations; (5) the Vehicle has been delivered to and has been accepted by the lessee and is in the ~, Lessee's possession; (6) to the Dealer's best knowledge and belief, all information set forth in the Lessee's application submitted to bank is true, accurate and complete; (7J Dealer knows of nb facts or circumstances which will impair the Lease's validity or value; (8) the Lessee has obtained the necessary insurance in accordance with the terms of the Lease and the Dealer has delivered the required insurance certificate to Bank; (9) the Dealer has delivered to Bank a copy of the manufacturers invoice and certificate of origin and shall return to Bank a copy !. of the completed vehicle registration forms after such forms have been accepted by the appropriate motor vehicle registration office. !n the event of a breach by the Dealer of any warranty ~' listed above, the remedies available to the Lessor shall include requiring the Dealer to repurchase the vehicle and the Lease for the full amount shown on the Lessor's books, including any reasonable attorneys' fees and court costs. aANepNSUMER EORM USS98M~ l~6 {Rev. 4!991 -PENNSYLVANIA ' VERIFICATION The undersigned, Vice President and duly authorized representative of First National Bank of Pennsylvania, states that the facts set forth in the foregoing complaint are true and correct based upon her knowledge or information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Elizabeth B. Sant ~ ~ ~~ ~ o c o .~. C ~~~ ~ ~ °~J- G C._" ~... ~ ti'~7 R7ii~. G ' Z~ (n -,' ti." ~~ G~, c; r~ ~. ~:~ ~G-~i t C,' _1 W r-~ ,~ (, :.r.-. ,t -~', %C7 ~,,-„ ,~ C ~t _._ , , . FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff v. JASON P. STONER and DONNA L. WAY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OI - 4664 PRAECIPE TO REINSTATE COMPLAINT TO: Curt Long, Prothonotary Cumberland County Court of Common Pleas Please reinstate the complaint filed at the above term and number and mark the docket accordingly. ~Ch~J - ~Susan Fuhrer Reiter MacDONALD, ILLIG, JONES & BRITTON LLP 100 State Street. Suite 700 Erie, Pennsylvania 16507-1498 (814)870-7760 Attorneys for First National Bank of Pennsylvania Dated: August 31, 2001 SHERIFF'S RETURN - NOT FOUND EASE NO:' 2001-04664 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF VS STONER JASON P ET AL 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 STONER JASON P but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND as to the within named DEFENDANT STONER JASON P PER POST OFFICE; MOVED LEFT NO FORWARDING. Sheriff's Costs: So answers• Docketing 18.00 Service 9.75 ~';;~~ v/~ Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.75 MACDONALD ILLIG JONES & BRITTO 08/28/2001 Sworn and subscribed to before me this /a ~ day of ~, ~/ A.D. Pro honotary ' .~~. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04664 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF PA VS STONER JASON P ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAY DONNA L DEFENDANT the at 1948:00 HOURS, on the 27th day of August 2001 at 290 HILLSIDE DRIVE NEW CUMBERLAND, PA 17070 DONNA WAY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.05 Affidavit .00 Surcharge 10.00 .00 27.05 Sworn and Subscribed to before me this Jqa'~" day of rLan~imX,t.w o7 dD~ ~ /~ ~A~. D . VNS~i ~ /,~/ ~ ,. ~r thonotary So Answers: .~~~ R. Thomas Kline 08/28/2001 MACDONALD ILLIG JONES & BRITTO Deputy Sheriff FIRST NATIONAL BANK OF ) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ) CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA v. ) CIVIL ACTION -LAW JASON P. STONER and DONNA L. WAY, ) /} Defendants ) N0. (SI- ~`l.~ `lu~~ 1:lLl~-~ TO: Jason P. Stoner Donna L. Way 2147 Chestnut Street 290 Hillside Drive Camp Hill, PA 17011 New Cumberland, PA 17070 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 YOURDEFENSES OROBJECTIONS 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TRUE COPY FROM- RECORD In Testimony vuhereot, l here untA set mY hand and fhe of said Cau . at Carlisle, Pa; Thi `~..~..~fa~., ,•d~re li~a.,~...••~ hOnOtafy ,~i F firer Reiter I.D. 0.43581 M'ae130NALD, ILLIG, JONES & BRITTON LLP 100 State Street, Suite 700 Erie, Pennsylvania 16507-1498 (814)870-7600 Attornevs For Plaintiff A FIRST NATIONAL BANK OF ) PENNSYLVANIA, ) Plaintiff ) v. ) JASON P. STONER and DONNA L. WAY, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. COMPLAINT 1. First National Bank of Pennsylvania (hereinafter "plaintiff') is a lending institution duly-authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business loca#ed at 4140 East State Street, Hermitage, Pennsylvania 16148. 2. Jason P. Stoner (hereinafter "defendant") is an adult individual last known to reside at 2147 Chestnut Street, Camp Hill, Pennsylvania 17011. 3. Donna L. Way (hereinafter also "defendant") is an adult individual lastknown to reside at 290 Hillside Drive, New Cumberland, Pennsylvania 17070. 4. On or aboutNovember 1,1999, the defendants leasedfrom SutliffCapital Ford one 2000 Ford F150 pickup truck, vehicle identification number 2FTRX18L1YCA03484 pursuant to the terms of a written lease agreement (the "Lease"). A true and correct copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference. 5. The lessor's right, title, and interest in and to the Lease and the vehicle which is the subject of the Lease were immediately assigned to plaintiff for value. 6. As a result of the defendants' default under the terms of the Lease, the vehicle was repossessed and sold by the plaintiff. After sale of the vehicle pursuant to the terms of the Lease, the balance due and owing to the plaintiff by defendants is $7,380.04. Under the terms and conditions of the Lease, plaintiff is entitled to recover reasonable attorneys' fees as a result of the defendants' default under the Lease, which plaintiff believes and therefore alleges will total $2,000.00. 9. Numerous demands for payment have been made by plaintiff, but defendants have failed or refused to pay. WHEREFORE, plaintiff demands judgment against the defendants in the amount of $9,380.04, plus interest on the unpaid principal balance at the rate of six percent (6%) per year from May 10, 2001, plus costs of suit and such other relief as is just. s Fuhrer Reiter a. I. . No. 43581 ac ONALD, ILLIG, JONES & BRITTON LLP 100 State Street, Suite 700 Erie, Pennsylvania 16507-1498 (814)870-7600 Attorneys for Plaintiff -2- FNB 9-9 Rev. 4 CONSUMER PAPER \FIRSTNATIONAL BANK CLOSED END MOTOR VEHICLE LEASE ,, ,.,".,~.."„ MONTHLY PAYPAENT LEASE Pennsylvania Lease gate: 11 /O1 /99 ( l Business, Commermai or Agnculturai Purposes Lease - - 1: Patties and Agieeinerit to Lezse '"°"" "'° :> Lessor Name and Business Address Lesseels) Namelsi and Readence Atldress(esl SUTLIFF CAPITAL FORD JASON P STONER DONNA L WAY 1000 PAXTON ST PO BO 2I47 CHES"f NUT ST 2147 CHESTNUT ST HARRISBURG, PA 17105 CAMP HILL PA 17011 CAMP HILL PA 17011 ' County You are the Lessee!sl named above. 'Ne are the lessor named above. We intend to assign this Lease Agreement (the "! ease'} to the Assignee named below. Prior to the assignment. any reference in this Lease ie "We," "Us" or .o "Lessor" shall mean the Lessor named above. However, under the Fetleral Consumer Leavng Act, both We and the Assignee named below are considered "Lessors." Except for this required disclosure, the Assignee will have no rights or obligations as a Lessor on Ims Lease until it is xss~gned. Then, any reference to "We," "Us' or to "Lessor" shall mean the Assignee. Each of you who signs the lease is individually liable to us for all lease oh!igations. Yau are leasing the Vehicle described below ("the Vehicle"; from us. Yau agree to pay all amounts due under the Lease and tuifill all your obligations under the Lease, You intend to use the Venice pdmarily far personal, family or household purposes unless the "Business, Commercial or Agricultural Purpose Lease' box above s checked. in this Lease. "e" means an eshmah. ;' ~~2.'D~escrlptton,.n tYte~aased`t'rvpeFfy'~~6e~"Velricte"},""` ~~ New ]l:X ~ Year Make Model No. of Cyi. Style 'rehm:e !denhticahon Number Odometer Mileage ~ Usee( 1 Demo( 00 FORD 150 PI 8 ' TK 2FTRX18L1YCA03484 99 Equipped Wilh: ~,,; r 3 DessrfptianoftlCaTrade~lnYehicle ,..." "~",~ a.<"~ ~. Year Make Model •' Net Trade-In Allowance = $ ` Grass Amount of Trade-(n A(Iewance S N/A Pnar Credit or Cease Balance - 3 NIA (!f less than zero, enter zero( `;; y , " ;4 Faderat,COnsumer CeasingAct Disclosure +Nbie~i is Part vfthts~ease " Amount Due at Lease Monthly Payments Other Charges Not part of ;our monthly paymenq Total of Payments Signing or Delivery Your first monthly payment of $ 410.00 (The amount you will have KK .s due on O1 NOV ~- Disposition tee (If you da not paid by the end of the Leasey (Itemrzed below) followed bye payments of purchase the Vehicle) 5 3OQ.OO 541.00 $ stn nn due on the 1ST S N/A $ of each month The total of your monthly payments $ N/A g 24981 .00 is S 24600.00 Total S 3O@Q0.00 ~ 'Itemimtion of Amount Due at Lease Signing or Delivery ~ Amount due at Lease signing or delivery: Refundable Security Deposit +$ N/A How the amount due at Lease signing ar delivery Capitalized Cast Reduction $ Idle Fees +g 22"Sp wilt he paid: Sales Tax on Cash Downpayment ~$ Registration fees +$ 58.50 Net trade-m adowhnce`"' g N/ A Sales/Use Tax i$ TIRE TAX 5.00 +$ Rebates and non~cash credits ;-$ N/ A Optional MBP +$~S DOC FEE _ +$ 40 n(1 Amount to he paid in cash +$ 541.00 First Monthly Payment +$ 410.00 •Prepaid Rental Payment -S N/A Total =$ 541 00 t-----~ Total =S 541.00 ~ Yovr Monthly Payment is Determined as shown below; Gross capitalized cost. The agreed upon value of We Rent charge. The amount charged m adddion to the Vehicle 1$ 27432.15 }and any items you pay over deoreciation and any amadized amounts + $ 8017.20 the Lease term {such as service contracts, insurance, and any total of base monthly payments. The depreciation and outstandmq prior credit or lease balance g 27832.15 any amodced amounts plus the rent charge . $ 22569 , 00 Capitalized cost reduction. The amount of any net Irade•in EXHIBIT allowance. rebate. rton cash crrLL or cash you Aar !hat cols o your Lease - 60 reduces the gross capitalized cast -$ roar :easel ~ Adjusted capitalized cost..he maent urea m ~ = S 376. 1.~ calcmahng .our base monihl. csrment = s 27832.15 _-NLA my uu.c ,u yey a auuaauuar wn,Ke a yvu rnu wu ~eax eeuy. , e e ev ue uu m uvem r muamm uvuen, urc auwar cua, ge ww aepenu ' on when the lease is terminated. The earlier you end the Lease. the greater this charge is likely to be. I Excessive Wear and Use. You may he charged for excessive wear based on our standards for normal use and for mileage in excess af~8e_miles per year, at the tale nl ___ _c per tune. .14 13690.55 Purchase Option at End of Lease Term. You have the ophdn to purchase the Vehicle at the end dl the Lease term for $ and a purchase option fee of S ,The purchase opton pace does not include official tees such as those fcr taxes, tags, license and cegatratidn. Other Important terms. See your Lease documents far additional information do early termination, purchase options and maintenance responsihilities, warranties, !ate and default charges, insurance, and any secanty rrtterest, if applicable. _, , : S.:',{temizaFldn of Gr`dss Capitalized: Cost (See Item 4 ebnve}' A I Agreed upon value of the Vehi:~432.15 Sales Tax (Includingluxul'~/tA) Mechanical Breakdown Protection N/A Other SPec:fy) (Prar Credit dr lease Balance N/A ~ g/A 0 e 40 .00 S S S S S 3 " , . ';6.': Fees, Chargei,,!Narran#ies:arid Property Insurance. _:; `~. , .... , . ,' .'„~ rxa ,::/ ': Official fees and Taxes. Tfie fatal amount you wilt pay for official and license fees, registra- tion, title and taxes aver the term of your Lease, whether included 'pith your monthly payments or assessed otherwise: S a ISee Item 13(i) on reverse) Warranties. The Vehicle is subject td the !allowing express warranties: If the Vehicle is new, the'Jehicle is subject to the manufacturer's standard new car warranty. ( ) If Nis box is checked, the Vehicle is subject to the following express ~narmnty or guarantee: days of the Lease Date we extend a service contract covering the Vehicle, This disclaimer will not affect any implied warranties during the term of the warranty ar service contract Wte Payments. No late charge will be assessed or collected when the only delinquency is late charges assessed on an carrier delinquency. The charge for late payments is: 5% of the base monthly payment for any payment not received within t0 days of the date it Is due. Disposition Fee ISee "Return of the Vehicle" on the other side of this tease): $ 500.00 It the Vehicle is not new, and no warranty is identified in the previous sentence, there is no Early Termination Purchase Option Fee j5ee "Option to Purchase Vehicle Upon Early express warranty on the Vehicle. Unless prohibited bylaw, the following two sentences apply, Termination" on the other side of this lease): S ~•DD plus one Monthly Payment. YOU 0.RE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MfRCHANTABILITY AND FITNESS FOR ANY Early termination Fee (See "Terms Concerning Early Termination df the Lease" on the other PARTICULAR PURPOSE. If we make a written warranty wverrng the Vehicle or, within 90 side of this teasel: g 300.110 plus one Monthly Payment. Physical Damage and Liability Insurance. Ydu have obtained the insurance that is required for this Lease (see "Insurance' cn the other side of this Lease.) NAME OF AGENT TELEPHONE A CONFIRMATION % INSURANCE COMPANY ' ' '' .7raptinnal PTdQlictsand Sei4ices, i .. ':';. _. z;~.._ ,.. '" ~ ='' e k'.. You are not required to buyy,aapp~g QQTp~~rrqq~~JI gq55ood pppp fi~r' i~,ES'~~pp,,,,enter into the Lease. The p r reaM ewn pr t Rion ('MBP~ Term term of any product dr servl[:~'nt1"L';e<~ Ltvas~r?eT~le§$ di;fLkenl•~~r IsS-vrowk~3o1fFk Lessee's Inmals ~~ ~A l l f~J4 right. If you decide you want ld buy an optional product or service, review the terms of the contract which describes the product dr service belore you imbal to the right. A completed Coverage copy of the contract will be given to you as soon as prachcahle, Ophdnal Service Contract Term or Extended Sarranty Term By initialing to the right, you indicate that you want to buy the optional products and Lessee's tnnials services indicated. If the cost shown is not shown as part of the Itemization df Amount Coverage'y d~ Due at Lease Signing above, it has heen added to the Gross Capitalized Cost (see above). NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO N07 SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IL BY SIGNING THE LEASE. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. _ 1 Lessee Signature Lessee Signature (~ Type/Print Lessee Name Type: Print Lessee Name : , '., r ' ,:. _ -:.. S1G.LESSQR'S ACCEPTANCE AND ASSIGNMENT . r Y" Y' .d °: :i i £'dCY .ya`b ~ . ' '. The Lessor's avthunaed signatgyE9iq[jatga Itg~jj~s zdcepted the terms, conditions and obhgahons of the Lease and ;hatD9ix3Hfir dgrei€BrYthe "Lessor s Assignment" prm'ision do the other side of this Lease. Lessor Name: Stt'jt,l rr; c~P tTl1t l'-slCp Assignee Name: First National Bank df Pennsylvania 4140 East State Street, Hermitage, PA 16118 rt ~ r By: ~%G+:~ C R'~~'~"~rj~r~-s~~' Type; Pnnt Name: I~i~7~rJ C~ lJ/ir Typer Prm[ title. C~N]rcLC~R nq -~~Cf[D+ ' 'SSTs/"JJ~ IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE. WE MAY RETAKE THE VEHICLE. LEASf GUARANTY I I Ithe Guarantdr(sl signing below) understand that the Lesser and Lessee named above have entereJ into a vehmle !ease agreement ;the Leased dated as of the date below. I herrey unconditionally guarantee full and lonely payment when due of all rentals and other payments and the full performance by Lessee cf all prem¢es, terms and conditions df the lease (collectively the "Liabdiues°l. If an event dt default occurs under the lease, I shall pay immediatem any amounts due hem :he Lessee er lake any action required of the Lessee undert.`.e ~ Lease. My Imbihty under this Guaranty rs pnmary and roll not be affected by any settlement, extension, renewal or inddiiicat:en df the Lease or by the discharge or release of the Lessees obligations, whether ur not by operation of law. I waive all damages, presentments, and demands and polices al every xina and nature. 1 agree to pay all expenses Gnduding attdrn?xs' j fees and legal expenses! you pay or incur in trying to collect all dr any part of the Liabilities. and n enfdrmng this Guaranty. This Guaranty rs an absolute, continuing and uncondih; pal guaranty. Alter assignment of the Lease, this Guaranty may be modified dr terminated only wdh qm asstgneeb poor xn ;?n. mtsent. dnr pads of (his Guaranty which conflict with aw sUrote, rule dr larv, sh.Ul be deemed :mll and void to the ?y(rnf ul such ronfficL but ,wthoul sfL cult Ihu rest of !his Gurs .r.. d mdr? :::^.an one party signs this Guaraidy. each is tar; : { ar.u severally cbliyarrd Each signer on behalf of any wrpurale guarantor nary nG ;hat he hzu ndhontY to ~:gn on t? ;r :; ;urn cusrahen and by so stgmnq, td bind the corps;:" _.... , •- 11; Defan(t. Repossession and Dther Remedies . You wilt he is detaad.+F. 'Sou fa0 to make a monthly payment'++heo i; rs du¢~, You (an to pay any amount ynu awe unr!¢r the Leas¢ when it is due or when demand rs moor.; •Yau Orowde any false or misleading Information many least application; • You tall to maintain the required insurance; • 'feu lose pn,.ession of the Vehicle by confiscation, forterture or other involuntary transfer regardless rf -,vhether the `lehic!e is the subject of ludirial or administrative proceedings; You or your properly necome sublet( to bankruptcy proceedings; •Yau die and there is no surmving less=; The behicle rs last staler or damaged beymtd repair; You assign the lease or (rooster the `leMcie; You fall to keep any other promise or obligation under the Least or violate am other term of the Lease. If you default vre ray, but are not required to, take action to protert our interact in ?he'lehicle (such as 6uymg msumnce). Our action Toes not cure your default. Amounts we spend taking such actier.. ;uch as, but ;not ;invited to actual ceu« rosis anq reasonahlz attorneys' lees, will tie added to your 1 east. nhligauens and will Sear (ease charges, d pe.rmilted by law. If we end f his Lease cecause nt default you authonze us to cancel any rABP ar other optional product or serve you 6ou[iht in connection with this Lease and to receroe any refund or credit due upon such czcce!lalion to apply to amounts you owe. after giving any notice requred by law, and suhlert to any ,vatting pencils imposed by law, we may peaceably reposxss the Vehicle wherever r:e may find d. 'tnu authonze us to anler onto any property nhere the'lehicle may be to lake possessmn of it and remove it. VJe may use the license plates nn [he'/eh¢!e m moving d to a s:o:age place. After'r+e repossoss lhe'lehic;e, :ve will hold d free of an, nghts you may have under Ihr. least. sublect tc any fight you may have under fhe law to cure a breach or redeem ;he Vehicle. Unless ynu tell us ~,vithin 48 hours of any personal property you claim was .n the `!eh!cie when d was repossessed, ;re will not tie responsible (or that property. Phis Item Il wit( surnve termination of this lease. ?2„Terms ~oncemmg Early Teriniitafion of the Leas , „ a , , , , (al Ycu may termma;e lend) the Lease before the end of the Lease term under the following conditions: tf ynu are trot m default under Ibe Lease, you may end the Lease by returning the Vehicle to us and paying us, within five business days of the date :ve make demand, your early termmahon liability (see below). (b) lNe may end tta Lease before the toil of the Lease term under the folowing conditions; If ynu are in delault.:re may end the Lease. You must return ihe'lehicle to the place we designate. Ycu must oxy us, wilhi.^. rive business days of the date :ve make demand, your ^arl/ tzrmination iiahility (see below). Upon early termination you agree to pay the iollowing charges: An Early Termination Fee as shown on the other >ide of this lease; • Any unpaid nanthly payments and other amounts than due; Any official fzes and lazes imposed !n connection ^rirh termination; and • The amount 6y which the adlustetl lease balance exceeds the'Jehicle's realizes value at termination. If we have to take poszssion of the Vehicle from you, you will pay us the amount we have to pay for expenses in doing m, if we have to score the Vehicle and pay storage charges, you will pay us the amour.( of the storage charges. We will apply some or all of your security deposit to what you owe. VJe figure your adjusted Lease balance, which is the balance sublect to the lease charge, using the "constant yield method". "Constant yield method" means, the method of determining the lease charge portion of each base monthly payment under vPoich the lease charge far each month is earned in advance by multiplying the constant rate implicit in the !ease times the balance sublect to lease charge as it d=clines during the lease term. At any given time during the Lease term, the adlusted lease balance is the difference between the adh~sted capdalized cast and the sum oh (i) all depreciation amounts accrued during the previous monthly periods, and (ii) the depreciation portion of the first base monthly payment The periodic lease charge calculations are Lased on the assumption that we will receive your payments on their exact due dales and that the Lease goes to its full term. The realized value of the Vehicle is: the price'se receive br the Vehicle at disposition; the highest offer we receive for disposition of the Vehicle; ar the fair market value at the VeF.ic!e at the and of the Lease L^rm, We will add to fhe amount you owe us what it costs us to pay someone to dispose of the 9ehicle, mr zxample, an auction fee. (c) To the extzn± Tvse charges take into account the value of the Vehicle at termination, if you disagree with the value :ve assign to the Vehicle, you may obtain, st your own expense, and :vithin 20 business days from Lease termination hom an independent third party agreeable to you and to us a professional appraisal of the wholesale value of the Vehicle which could he realized a[ ;ale. We will then use the appraised value as the realized value. It we have to pay someone to help us collect the amount you owe us, we will add the amount we have la pay to the amount you owe us. This may include reasonable attorney's tees and court casts, if perr,:Yad by law. x >,- * I3. Dther Terms aitd Gonifrtwns' ",,; ` (a( Insurance. You agree to maintain, ;n your name,the following types and amounts of primary insurance for the Lease term and until you return the Vehicle: Public liability insurance curb coverage limits of at least $100,000 if one person is injured and 5300,000 if more than one person is inlure$ uninsured motorist coverage; property damage liability insurance with coverage of at !zest 550,000; collision and comprehensive fire and theft with a deductible amount of no more than S5D0. You ran obtain insurance at your expense through any agent, broker ar insurer cf your choice. This required insurance must be in effect before you take delivery of the Vehicle and may oat be cancelled until after you return the Vehicle to us. The insurance company and the policy must be reasonably acceptable to us. The policy most Provide us :vith no less than ?0 days written notice of cancellation or reduction in coverage far any reason. Collis!on, liability and/or wmprehensive insurance must name you as the insured and us as an additional insured and loss-payee. ff we ask, you must furnish us with satisfactory evidence that the required insurance is in effect. You must notify us and the insurer within -18 hours of any event causing loss. You must cooperate fully with us and the insurer in providing full, complete and accurate information about the lass. If the Vehicle is damaged and you :`ix it to our satisfaction, we will pay you any insurance proceeds we have received if you are not then !n default. You authorize us to file a proof of lass if you do not and fo sign your name to any check or draft representing insurance proceeds. (h) NOTICE: PHYSICAL DAMAGE OR LIABILITY INSURANCE COVERAGE FOR BODILY IN1llRY AND P30PERTY DAMAGE TO OTHfRS IS NOT INCLUDED 1N THIS LEASE. (cl Ynur Gap liability and Gap Waiver. Yau are!iahle for the "gap amount." the "gap amount' is (he diffzrence Ceiween the amount you would owe (or which yav would owe in fhe absence of gap protection) under this Lease in thz event of a total lass of the Vehicle before the end of the Lease term occasioned 6y ns loss, theft nr physical damage, and the actual cash value we receive from your insurance company. The gap amount does not include the deductible under your insurance policy, or any amounts by which you are in detaulL For a fee, we may waive our right to collect the gap amount from you. It we eo, the cost of such waiver appears in zither stem -0 ar 5. Our waiver of our nght to collect the gap amount from you is conditioned on our receipt of: (a) all amounts due under the Lease as of the date of our receipt of the insurance proceeds, ar, if na such date is specified, as of the date of the Vehicle's total loss; (b) an amount from you equal fo your deductible and any other subtractions from the actual cash value of the Vehicle under your policy; and (c) inmrance proceeds from the insurance policy required under this Lease. Gap protection may also be available from a third party. If so, and you elect such thud-party gap protection and the cost o(!he protection will apeear in either Item 3 nr 5 and the terms and conditions of the coverage will appear in the contract from the thiN party. Gap protection is not available in all states. (dl Standards for Wear and Use. When you return the Vehicle at the end of the scheduled Lease term (including any extension), you are liable far charges far avicess wear and use. the fallowing standards apply for determining unreasanahle or excess wear and use: • the Vehicle must tie able to pass any insR~tion required by law, even if an inspection is not then due. the Vehicle must have matching tires (not retreads) comparable to those on the Vehicle when it was delivered to you, with at least 1/8" of tread remaining al the lowest spat. the engine, drive train, odometer, zed otlter mechanical and electrical parts shelf operate and not be damaged. There must tie na scraitlles dents, Pds, rust areas, misma[thed paint or cracks in or on the fenders, bumpers, grills, hood, trunk, mat or doors. No special identification or decal will appear on the Vehicle. There must be no rips, tears, burns, soiling or excessive wear in the carpet, seats, dodrs, headlining or dashboard. The windows, lenses and lights shall not he cracked or broken. The Vehicle Identification Number in Item 2 must not have Seen altered or defaced. TL•ere must tie no frame dr suspension damages.'Ne determined the amount of your base monthly payment in part, on the mileage shown in Item 4, "Excessive Wear and Use" Unless ;vu buy the Vehicle at the end of the Lease ?erm, you will return d to us in the condition in which you reczrved it eacepl for reasonable wear and usz. te) Security Deposit. Unless required by law, :ve do not keep the security deposit separate !n a bark or earmarked nn our books. We may apply some or all cf the security depas;t to what you owe. Any unused security deposit will be returned to you at the end of the Lease. We have no fiduciary duty In you with respect to Ibe security deposit No interest, increaia or profit on the security deposit :viii accrue or he paid to you. (fl Option to Purchase Vehfcte Upon Earfy termination. You have an option to buy the Vehicle poor [o ilia and of the Lrm. The price wilt be the adjusted ':use balance (set krms Ccrcerning Early Termination of the lease. above) plus a purchase option tee as shown in "Early Termination Purchase Ophen Fee" on the other side of this Least. plus any other chuges d',m and unpaid under this Lease. You must also pay any taxes or fees imposed on our sale of the Yahic!e to you. You must give us 50 davi noticz in witting ~; your intent to bin the Vr °ucle. ;' Return of the Vehicle. If you do rot buy the Vehicle from us under year purchasz option, you agrez to return the trehicle to us at the roil of the Lease term .a a place we design!te. Ynu :roll return the V2hic:e in clean conNtion. When you return the Vehicle, you must give us a completed, signed odoma 'r discio>ure statement. Yau agree W ;ay us any amounh •au here under Gie Lzasz and have not pain. V!e may aoply all or , art of your secunty deposit to what you awe us, a you keep ;!:e Vehicle after the date you are copy; tail to return it ynu hill pa+ us a monthly ecnnmt equal to the *ntal monthly payment and other amounts that may come due, Your pa~mznt doz> r,~t aerm!t you ;t peep the Vefucle unleis you ;at our permssvn dr ~vvanne You :vN pap rs upon reurn ~» the ~'elurle, a o!smtsrbon tae as shmvn in 'O+saosnc~n Fet' an the oVav std,+;•r !qs Lase ,. ?a -io!,.i. ~". ,,. •~~., ...,. F r a ....n 1 ~.~~ n-n.., end .nom „ yr IL :..,~:_...,ti ...., .: :r._. .nr ,., , r .~ ~hr m..r , .~.. al .. ot^ ......- -- ........... . . a„ ,a.G~ .,~ ~~~~~ w yuur i^onutr/ payment. Inc actual !oral of fees and taxes may he higher or lower depending on the tax rates in effect or the value of the leased properrj at ihe~fime•a i¢e or tax is assessed. This paragraph will surnve terminabvn of this Lease. If you move the Vehicle to anoHrer state and reregisiration is required, you agree tv reregister the Vehicle and to pay all casts and expenses of registration. You also agree td pay us an admimstrativo!ee of 340 to pay for our expenses in connertivn ~.vilh reregistration. (j) Retur^ed Check Charge. If any check you give us in payment of any obligation under this Lease is dishonored or returned for any reason, you agree to pay a returned check fee of 320, but if applicaole law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount. (k) Use of the Vehicle. You wilt keep the Vehicle permaaentty garaged at the address shown in this Lease. You wig keep the Irehicle free from any liens or claims. You have the risk of loss, and are responsible for the Vehicle's damage or destruction. You will not allow unlicensed drivers to drive the Vehicle. You will not use the Vehicle far more than 30 days outside the state where the Vehicle was first titled without our prior written permission. If we permit you to register the Vehicle in another state, you agree to pay all of our costs of re-registration. 'Ne are not requued io permit you to move the Vehicle to another stare. (I) Acknowledgment. You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you want, that it has no missing parts and that it is in goad condition and the odometer mileage is as shown in Item 2. You accept the Vehicle for all purposes of the Lease. You further acknowledge you have taken delivery of the Vehicle. Iml Odnmetar. You are squired to maintain accurate mileage records of your usage of the Vehicte. Normally, usage is determined solely by the odometer in the Vehicle. However, if the odometer should beak ter any reason, 9vu must immediately repair or replace the odometer and be able to provide us wish proper supporting documentation to indicate the date and mileage when the vdemeter failed and the dace when it was repaired or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you agree to pay the amount we estimate the Vehicle s marketvaWe has been reduced by reason of additional miles not reflected on the odometer, the inability to determine the Vehicti s actual mileage, or both. this paragraph will survive termination of the Lease. fin) Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the time of Lease termination, whether or not the Vehicle is returned to us. This certification is needed so That we can transfer ownership of the Vehicle. Failure to certify the mileage or making a false statement may result in fines and/or imprisonment. You must certify the mileage even if you buy the Vehicle. If we transfer title to the Vehicle and provide incorrect odometer information, either ;aecause •lou did not pmvide a certitieaban to us or you made a false statement, to the extent not prohibited by law, you are liable for and will indemnify us against any claims, damages, penalties, fines or losses, including our court casts and attorney's fees, which we may incur in connection with your failure to comply with the law. This paragraph will suruive terminaton of the Lease. (d) Indemnification. You agree to indemnify us and hold us and our assignees, agents, and insurers harmless, to the extent not prohibited by law, from all damages, injuries, claims, demands, and expenses, including reasonable attorney's fees, arising out of the condition, maintenance, use or operation of the Vehicle, including a claim under the strict liability doctrine. Ipj Assignment of Returned Premiums and Other Amounts. You assign td us any unearned returned premiums or charges or other amounts relating to insurance or any optional product or service sold in connection with this Lease and returned or paid to us. You will earn no interest, increase or profit with respect to such property. (q) Right Of Set-OfF: The law gives us a right of set-off in any of your properly in our possession When we assign (transfer) our rights in this Lease, the Assignee ~,vill obtain the right of set-orf. If you default. the Assignee may exercise the right of set-off and apply any of your property in the Assignee's possession, including deposit accounts, to sums you awe on this Lease. fir) Waiver. If we fail to exercise any right or smedy at any lime, we do not waive the right to da so at a later time. (s) Giving Notice. "Votices may be given personally or sent by first class mail to the address shown on the front side of this Lease. Noticzs shall he deemed given to us when they are personally given yr actually received ai our address shown in Item 1 or as we otherwise direct from time !o time. Notices shall be deemed given to you when they are personally given or I when placed in the mail, addressed td you at your address then shown on our records, even though you might oat actually receive our mailed notice. You agree that l0 days' notice is a '~, reasanabl2 notice period, unless state law requires a longer period, in which case you agree that the state required period is reasonable. (t) Assignment and Transfer of the Vehicle. YOU MAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHOUT OUR PRIOR WRITTEN PERMISSION. We may assign all of our i, rights under this Lease, the person to wham we assign cur rights may reassign them. You may not assign your rights or abligalions under this Lease. Yau agree to render performance df ~, your obligations to the original Lessor and, upon receiving written notice of any assignment, to the Assignee or any subsequent assignee. (uJ General. This Leasz rs the entire agreement between you and us. We have ndt made any promise to you that is oat in this Lease. Any change to this Lease must be in a writing That '~, is signed by you and us. It any provision of this Lease is found to he void or unenforceable, this Lease is td be read as if Ihat provision were never contained in this Lease. ~I (v) Ooverninq Law. If any part of the Lease is invalid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not be effective as to that jurisdiction. ", The rest of the Lease will be enforeable. If ydu lease the Vehicle primarily for personal, family or household purposes, the law of the state in which you reside will govern the Lease and the interpretztinn of the Lease. If this Lease is not primarily for personal, family or household purposes, you agree that the laws of the state in which the original Lessor does business, as ~' shown in Item 1, shat govern this Lease and your obligations. f lessor's Assignment. The wrdervgned dealer (°Deafer") for valuable consideration, receipt of which is hereby acknowledged, does hereby sell, assign, and transfer to First National Bank i~ of Pemrsylvania ("Bank"), all of Dealer's right, title and interest in and to the within lease, all amounts due and to became due thereunder and the vehicle described therein ("Vehicle"). To '; induce Bank to accept this Assignment, Deafer warrants that: Il) the Lease is genuine, valid and enforceable according to its.trrms and accustely reflects the Lease transaction described therein in all respects and is subject to na defenses, setoffs or counterclaims, (2) Dealer has good title to Vehicle, free and clear of all liens and encumbrances and that no prohibition exists against the making of this Agreement; (3) the Lessee is competent is not a minor, and has a driving record which Dealer has presented to oral accepted by Bank; (4) the Deale-has fatly `, complied with, and prior to the completion of the state, federal and local laws and regulations; (5) the Vehicle has been delivered to and has been accepted by the Lessee and is in the lessee's possession; (6) to the Dealer's best knowledge and belief, all information set forth in the Lessee's application submitted to Oank is true, accurdte and complete; (7) Dealer knows of no facts or circumstances ~nhich will impair the lease's validity or value; (B) the Lessee has obtained the necessary insurance in accordance with the terms of the Lease and the Dealer ' has delivered the required insurance certificate to Bank; ~9) the Dealer has delivered to Bank a copy of the manufacturer's invoice and certificate of origin and shall return to Bank a copy ~, of the completed vehicle registration forms after such forms have keen accepted by the appropriate motor vehicle registration office. !n the event of a breach by the Dealer of any warranty 1 listed above, the remedies available to the Lessor shall include requiring the Dealer to repurchase the vehicle and the lease far the full amount shown on the Lessor's books, including any reasonable attorneys fees and court costs. a9NCONSUMER FORM USS98Md~61Rev. 9/991 'PENN$YLYANfA _ _. __ __ _ ~xswsu~.. .. .. .. .. .. ... VERIFICATION The undersigned, Vice President and duly authorized representative of First National Bank of Pennsylvania, states that the facts set forth in the foregoing complaint are true and correct based upon her knowledge or information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. sD~~~'~ L~ Elizabeth B. Sant N~~1f1? U~~ ~~~,~ ~~~ ~~~~~ ~:;~r,~,~~ °, ,.. l~` ~`'~ `-`~~ fl ~ pan 3 ~ s'. ~. ~ x:~~ r._.; zr:is __ .- arias fi -a=.a~a~e vaar -~:r~a~.u~::wam?ekwwi~ FIRST NATIONAL BANK OF 1 PENNSYLVANIA, 1 Plaintiff 1 vs. 1 1 JASON P. STONER and DONNA L. WAY, 1 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4664 CIVIL TERM PRELIMINARY OBJECTIONS AND NOW come the above-named Defendants, by their attorney, Samuel L. Andes, and file the following preliminary objections to Plaintiff's Complaint in this matter: MOTION TO DISMISS 1. Plaintiff's Complaint is based upon a written document. 2. The document attached to Plaintiff's complaint is an incomplete copy of the lease on which Plaintiffs claim to base their action. The copy attached to the Complaint does not include the provisions of the lease relating to early termination and the notice and payment requirements of the lease in the event of early termination, without which Defendants cannot properly plead or otherwise respond to Plaintiff's Complaint. 3. Because a full copy of the document on which Plaintiff bases its claim is not attached to the lease, Plaintiff's Complaint does not comply with the Rules of Court. WHEREFORE, Defendant demand that Plaintiff amend their Complaint and attach a full and legible copy of the entire lease document or that this action be dismissed. MOTION FOR MORE SPECIFIC PLEADING 4. Plaintiff's Complaint states a demand for payment which Plaintiff claims is based upon certain expenses it incurred. Plaintiff's Complaint does not identify or specify those expenses or provide any explanation of them. 5. Plaintiff's Complaint refers to the sale of the motor vehicle but does not identify the date of the sale or the price or consideration of the sale or the expenses incurred therein. 6. Plaintiff's obligation, under the arrangement between the parties, was to reasonably mitigate its damages and to sell the motor vehicle in a "commercially reasonable" manner. Defendant is not able to determine, from Plaintiff's Complaint, how the vehicle was sold, what expenses were incurred in it sale, and what proceeds were developed by the sale. Without that information, Defendants cannot properly plead or otherwise respond to Plaintiff's Complaint. 7. Plaintiff's Complaint does not contain sufficiently specific information to comply with the Rules of Court. WHEREFORE, Defendants demand that Plaintiff be required to file a more specific pleading or, in the alternative, that Plaintiff's action be dismissed. Samu .Andes Attorney for Defendants Supreme Court ID 17225 525 North 12`" Street Lemoyne, Pa 17043 1717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Preliminary Objections upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Susan Fuhrer Reiter, Esquire MacDonald, Illig, Jones & Britton, LLP 100 State Street, Suite 700 Erie, PA 16507-1498 Date: 13 September 2001 el .And Attorney for Defendants c-> ~ c r_ ti~ u: ti~^~ ~ , ~,~: U Z -~ r . Z~,._~ { ~' "_h ~~~ -- L t i - a Z~ { i_ ~\ SHERIFF'S RETURN - OUT OF COUNTY ~r~SE NO: 2001-04664 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF PA VS STONER JASON P ET AL 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 STONER JASON P but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 4th 2001 this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Co. .00 84.60 10/04/2001 MACDONALD ILLIG JONES BRITTON i So answe 18.00 9.00 10.00 R dlhomas Kline 47.60 Sheriff of Cumberland County Sworn and subscribed to before me this i~ `'~ day of ~~ gaol A.D. Q )Lt~2Qc,.~ Prothonotary to wit: in his bailiwick. He therefore COUNTY OF YORK OFFICE OF THE SHERIFF SER )17E 9 o'L 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES ... V First National Bank of Penns lvani_a ~ "f7Y"4b`~'4`civil 3. DEFENDANTlS/ 4, TYPE OP WRIT OR COMPLAINT Jason P. Stoner Notice & Complaint S~ E 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO 8E LEVIED, ATTACHED, OR SOLD. Jason P. Stoner 6. ADDRESS (STREET OR RFO WITH 80X NUMBER, APT. NO.. CITY, BORO, 7WP.. STATE AND ZIP CODE) AT 103B Umberto ~.'~ New CLUnberland, PA 17070 _ 7, INDICATE SERVICE: ^ PERSONAL ^ PERSON IN CHARGE X~O~_7EPUTIZE ppCER'~. NAILL ^ 1ST CLASS MAIL O pOSTED O OTHER Q$RYye~ c"IF19 'NOW September 17 , 2001 I SHERIFF OF 1f9RK COUNTY, PA do hereby deputize the Sheriff of Xork - 1;OUNTY to execute make return according to law. This deputization being made at the request and risk of the plaintiff. _ - --SHERIFF. _ COUNTY - 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST FN EXPEDITING SERVICE: - CtiiTiberland - Please serve on or More 10!4/01 ADVANCE FEE PAID BY CCiMBFRT~ALaII COUNTY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any tleputy shenR levying upon or attaching any property under within wnt may leave same without a watchman, in cuslotly of whomever is found in possession, after notifying person of lery or attachment, without liability on the part of such deputy or the sheriff to any pfaineR herein for any loss, tlesbuction, or removal of any property before sheriRs sale thereof. 9. NS~SAN gLLOHDR~RRES~oE,fi PEO~NEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER iL DATE FILED 100 STATE sT., sTE. Tore. ERTF.- PA IL;sn7=-iaeR (814) 870-7600 9/5/01 72. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completes if notlce Is lobe mailetl). SPACE B I,OW FOR U O THE IFF - O W T LO_ W~HIS.1. _ 13. I acknowletlge receipt of the writ 74. DATE RECEIVED 15. ExpimtloNHeadng Date or complaint as intliwtetl above. J.LUDWIG 9/20/01 li_ Ir~'1~ 0/4 Ol 16. HOW SERVED: PERSONAL RESIDENCE ( POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMAR S BELOW 77. ^ 1 he by rtify and turn a NOT FOUND because I am unable to locate the intlivitlual, w_mpany, etc named above. (See remarks below) t8. NAM ND E NDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABBE (Relationship to Defendant) 19._D~ of S ice 20 Tlme of Service ~ C ~%/,1.sAi/ P ~7~?!~rJ y/~~~ / S.~ ~ 8 lira 21. ATYEMPTSIAate Time Miles I Int. 1 Date I Time Miles I Int. I Dale I Time I Mdes I In[. I Date I Time Miles I Int. I Date I Tirtfe I Miles Int. I Date Time I Miles I Int 3. Advance Coss 24. Service Costs 25. N/F 26, Mileage 27. Postage 26. Sub Total 29, Pound 30. Notary 31. Surchg. 32. 701. Costs 33. Costs D Refired e N 75.00 18.00 27,6 45.60 2.00 47.60 27. .Foreign County Costs 35, Atlvanee Costs 36. Service Costs 37. Notary Cert. 36, Mileage/PastagelNOt Fountl 39. Total Costs 40. Costs Due or stored SO ANSWERS 41, AFFIRMED and subscribed to before me this 44 Signature of 45. D BEPTENIBER 01 42, day of , 20 Dep. SheriR ~ } NOTARIAL SEAL FROTH OTARY ,Signature of ork 4 . GATE pAELIS5A J. SHAFFEFI, Notary PuU4c coon sheriff W LLIAM M HOSE 9/28/01 Git/ of Pad:, Y~r4 County . y r^nmr(r-•^° ~^,r- 48. Signature of Foreign - 49. GATE - - "- County SheriR 50. I KCKNOWLEDGE RECEIPT OF THE SFIE6NDF'S RE7l/RN SIGNATURE - _ -I 57. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY dNb TITLE f. WHITE -Issuing Authanry 2. PINK -Attorney 3. CANARY -Sheriff's Oftlce 4 BLUE - SheriFPS Office 9S ~l Wd Q~ ~~~S T.O~ ~~9 "'~ ti f? n <, _ ~. ~, _ _ ,:~ , y ~ ~ ; , - - z i"~UNTYOF~b~tK _. OFFICE OF THE SHERIFF , s~;,;`71901~' -'~ _ v 28.F~5T MARI~r ST., YORK, P,4 17401 ~` - ( y'.,~ -~ 1NST~UCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINE 1 THRU 12 PFPOCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1. PLAINTIFF7Sf 2. CpyRTER, t V.1..t ~ " First Natinrai' r.~j~ bf Penns • _..~ _ _ - = --- - - -_- 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDAAT7S/ _ ~ - 'S '~"CP. P. Cl;CnC'i - - - _.... - 9:nt ir•~y & lr rr;f_"lc.Tr-~ - -- - S~ E 5 NAME IND1VIDl1Al, COMPANY, CORPORATION, ETC. TO SER OR DESCRIPTION bf PROPERTY TO BE LEVIED, ATTA HED, OR SOLD, I cnr, /. ~mnar 6 ADDRESS (STREET OR RFO WITH eOX NUMBER ApT NO., CITY-BORO, TWP.. STATE AND ZIP CODE) `SAT -- "'='k 14n~_rta F~t/E N v; ~1p?tbexiand. PA 17C!G 7. INDICATE SERVICE OPERSONF~I„r~ TSPERSONIN FHA.R~E- EPUI;IZE t': a4}C~~T.. IyW{tl. ^1$T CLASS M/UL ^POSTED. OOTHER '° rt~c 77 "NdW __ .~ ZO,~.,.=-I, SHERIFF,OF I~JRK COUN P do hereby dep ti a the sheriff _Df - or $ ~ ~ -~GIUNTY to execu~_ fetu • f according to law. This depuhzatlon bem ale at the request and risk of the plaintiff. ~_ .,_ SHERIFF COUNry e. SPECIAL INSTRUCTIONS OR_t)T _ RMATION THAT WILL ASSISY IN EXPEDITING SERVICE: -- ~_I,j~(:r :v ~',._c5f`•`T~ _ ~ - '~- - . . p Plebe Ss~'"3tsz-c~._SfX.~~gT'~ 10/~./02 ~ _ ADV&P7CE Fr.'E PRiD BY Cti1.~[',I~AND ~LnvTl' .~iI~EAIF ~. NOTE: ONL1(_A_PPLICABLE ON WRIT OF FYFCUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff lerying upon w attaching any property under wiNin writ may leave same without a watchman, in custod of whomever is found in on, aftw noC 1 arson of le or attachment, without liabili on the rt of suU tle u or the sheri8 to an laintift ~ Y Possessi dY~n9 P vY N Pa P N Y P _ - he[ein for any loss, tlestruaion, w removal of any property before sheriMs sale thereof. ~ g., TYRE,~AME a~ ~X::It SFi:{AT.i NEY! ORIGINATOR and SIGNATURE - - 10. TELEPHONE NUMBER 11 GATE FILED 1vD`-~i'A.'rE ST.,, SI'E. 7GQ, ~'.i~r PA 16507-1498 ~ "1i4/ ei'u'-~7h{?0 ~--'-,.-II `~_ 12. SEND NOTICE OF SERVICE COPY TO NAMERND ADDRESS BELOW: (This area musf be completes H nbirce is to be o,ailedJ ~ - _ v ~ , ~. ~ '~ [,_ _ .tl U - O OT "41rR1~1~_!'~LOYfi _ _ . _ ._.. - '- z:..°am _ _ S L ~ 13: I acknowledge receipt of the wrd 14, DATE RECENED 15. Enplr4fion/Hearing Date -. w complaint as indicated above. ':~DWiG 9! 111/t11 a'tL,~N. ~:} r~! 1 j 4! ;: I 16. HOW SERVED: PERSONAL ~ RESIDENCE ( POSTED ( ) FOE ( ) SHERIFFS OFFICE { ) OTHER ( ) SEE REMARKS BELOW . -_ f ~ - - r _- - _.. - --.- 17 ~ _ 1 he SbY nify and [eNm a NOT FOUNDTiecause Y am unable td bcate the ihdly - company, etc. named above, (See remarks below.) 16. NAM [(ND ~ INDNIDLIAL SFZRVE //}LhS+T ADDRESS HERE IF NOT SHOWN A8 VE (Rela6onshlp to Defendant) 19 f0~le of Service 20. Time Pi Seg4de - - '' 21. ATE PTS ,Dale rime Miles Int. Date Time Miles; Int. Dale Time Miles_ Int. Date lime Miles IM. Date Time-ldiles Int. Date Time Miles Int. r_!~ 22. REMARKS: =; K .. , ~l fa/~ ' ~ Advance GOSta 24. Service Costs 25. N/F 26, Mileage 27. Postage 26. Sub Total 28. Pound 3D. Notary 31. Surcttg. 32. Tot. COSLS 33 Costs DUe a Reluna heck No.- Foreign County Costs 35, Advance Costs 36. Service Costs_ - 37. Notary Cert. 38_Mileage/POSlage/NOt Found 38. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed W before,(na tttis - - SO ANSWERS - -- ~ _ , 44. Signature of a /- . ~ ~~e,~ ~ - ~ --_ 45. DATE 42. day of - ~ 20 U1.4~. -~- ..- DeP. Shemf -1 , i - 'd. -- __ ~PROTHY 7N~- 16. Signature or YOrk = _ __ _ 41. DATE - County Sheriff _ _ E ~ i -,. ~ , . 1 /i _ g" ' 48. Signaure of Foreign 49. DATE / - ?? County Sheriff ^__ 1 ~CKNOWLEDGE RECE QFT- -SH 'S RE $f~SIGNATURE _ - 51. DATE RECEIVED CfF AU$IIORIZED ISSUI GAtlTHORDY AND TITLE- ~ _- __ _.. _ -- 7. WHITE - fssumg Auttmrtry 2. PINK -Attorney 3, CANARY -Sheriffs Office 4. BLUE - Sheriffs Office ,t ,Li` __.... .- ., s_ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,-PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff v. JASON P. STONER and DONNA L. WAY, Defendants TO: Jason P. Stoner 103B Umberta Street New Cumberland, PA 17070 .CIVIL ACTION -LAW NO. Oi - 4664 CIVIL TERM Donna L. Way 290 Hillside Drive New Cumberland, PA 17070 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 YOURDEFENSES OROBJECTIONS 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 COIJRT 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 TffiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 sa Fuhrer Reiter a. I. . No. 43581 ac ONALD, ILLIG, JONES & BRITTON LLP 100 State Street, Suite 700 Erie, Pennsylvania 16507-1498 (814)870-7600 Attorneys for Plaintiff f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, ) Plaintiff ) v. ) JASON P. STONER and DONNA L. WAY, ) Defendants ) CIVIL ACTION -LAW NO. Ol- 4664 Civil Term AMENDED COMPLAINT 1. First National Bank of Pennsylvania (hereinafter "plaintiff') is a lending institution duly-authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 4140 East State Street, Hermitage, Pennsylvania 16148. 2. Jason P. Stoner (hereinafter "defendant") is an adult individual last known to reside at 103B Umberta Street, New Cumberland, Pennsylvania 17070. 3. Donna L. Way (hereinafter also "defendant") is an adult individual last known to reside at 290 Hillside Drive, New Cumberland, Pennsylvania 17070. 4. On or about November 1,1999, the defendants leased from Sutliff Capital Ford one 2000 Ford F150 pickup truck, vehicle identification number 2FTRX18L1YCA03484, pursuant to the terms of a written lease agreement (the "Lease"). A hue and correct copy of die Lease is attached hereto as Exhibit A and incorporated herein by reference. 5. The lessor's right, title, and interest in and to the Lease and the vehicle which is the subject of the Lease were immediately assigned to plaintiff for value. 6. On or about February 1, 2001, defendants defaulted under the terms of the Lease by failing to make payments when due. 7. Due to the defendants' default under the terms of the Lease, the vehicle was repossessed on March 23, 2001 and notice of the repossession was sent to the defendants pursuant to 75 Pa. Stat. Ann. § on March 23, 2001. Copies of the Notice of Repossession sent to the defendants are attached hereto as Exhibits B and C and incorporated herein by reference. 8. Defendants failed to redeem the vehicle within the time allowed by statute, and the vehicle was sold to a private dealer on Apri113, 2001 for a purchase price of $18,500.00. 9. After crediting the amount realized from the sale of the vehicle, the balance due to the plaintiff pursuant to the terms of the Lease was $7,380.04, calculated as follows: Balance due at Time of Repossession $30,207.30 Plus Late Charges 37.60 Plus Termination Fee 710.00 Less Rebate Amount 5.074.86 Balance 25,880.04 Less Proceeds from Sale of Vehicle 18,500.00 Less Refund of Dealer Incentive 411.48 Deficiency Balance Due $ 6,968.56 10. The defendants were notified of the amount realized from the sale of the vehicle and the balance remaining due on May 10, 2001. Copies of the Notice of Sale sent -2- FNB 9-9 Rev: 4 \FlRST NA7lONAL BANK or n...d.,,a. ~~~ Pennsylvania CONSUMER PAPER CLOSED END MOTOR VEHICLE LEASE MONTHLY PAYOAENT LEASE Lease Date: 1 I /O1 / 99 [ ] Business, Commercial or Agricultural Purposes Lease ' ..:;.. ~. ' ~~ "~ ': ' : ~ F. Parties and Agreemenkld lease - "` ~ ~ ~ ~~ Lessor Name and Business Address Lessee(s) Names} and Residence Address(es) SUTLIFF CAPITAL FORD 1000 PAXTON ST PO BO HARRISBURG, PA 17105 JASON P STONER. 2147 CHESTNUT ST CAMP HILL PA 17011 County DONNA L HAY 2147 CHESTNUT ST CAMP HILL PA 17011 ' Ycu are the Lesseels) named ahove. We are the Lessor nametl ahove. We intend to assign this lease Agreement flhe `Lease"I to the Assignee named below, Prior to the assignment, any reference m this lease to "We," "Us" or to "Lessor" shall mean the Lessor nametl aboue. However, under the Federal Consumer Leasing AcL both We and the Assignee named helow are considered "lessors." Except for thi; required disclosure, the Assignee wdl have no nghts m obligations as a Lessor on this Lease unld it is assigned. Then, any reference to "We," "US" or to "Lessor" shall mean the Asvgnee. Each of you who signs the Lease is individually liable to us far all Lease obligabmu. Yeu are leasing the Vehicle described below ("the Vehicle") from us. You agree to pay all amounts due under the Lease and fulfill all your obligations under the Lease. You intend tc use the Vefiic:e primarily for personal, family or household purposes unless the "Buvness, Commercial or Agricultural Purpose Lease" boz above is checked In this Lease, "e" means an estimate. ' ~ ~ ~ ~ ~ ~, -~; ~ 2. Description of the Leased Property (the. "Vehidte"} ' New I Year Make Model Np. at CYI, Style Vehicle Identification Number Odometer Mileage Used I I Demc~ ( 00 FORD 150 PI 8 TK 2FTRX18L1YCAO3484 99 Egmpped Witb; ' ' ~ ~ "` ' ' ~.~~~~3.;"Desciiptihh.ofthaTrade•tnYehicte.._ ~ ~ ~ ~- ~~~ ._. ..,_._... ~._ _w .,.. ,_ Year Make Model ** Net Trade~ln Allowance = $ Grass Amount pf trade-In Allowance $ N/A poor Creditor Lease Balance - $ NIA Ilf less Ihan zero, enter zero) .. ~ ~ : -, $,; Paiferal Consumer Leasing Act Disclosure Which Is Pari of this tease ~ ` - ~~ ',. ; ;; Amount Due at Lease Monthly Payments Other Charges (Nat part of your monlhly paymenq Total of Payments Signing or Delivery lour first monthly pa99~~meni of $ 410.00 (the amount you wtll have ,. is due on Ol NOY ~~ Dispasdion fee It ou do not - (Itemaed helowl I Y pmtl by the end of the Lease) followed hy~~ payments of purchase the Vehicle) $ 300.00 541 .00 $ 4 to nn due on the 1ST $ N/A $ of each mcnth The total of our monlhly payments $ N/A $ 24981 .00 is $ 246OO.OOy Total E 30@Q0.OO ~ 'Itemization of Amount Due at Lease Signing or Delivery ~ Amount due at Lease signing o r delivery: Refundable Security Deposit +$ N/A Haw the amount due at Lease signing or delivery Capi[ahzed Cost Reduction $ Title Fees +$ 22.50 will he paid: Sales Tax on Cash Dawnpayment -F$ Registration fees +$ 58.50 Net trade~in allowance** $ N/A Sales/Use tax +$ TIRE TAX +$ 5.00 Rehates and noacash credits +$ N/A Optional MBP +$~~ DOC FEE +$ 40-On Amount to he paid in cash +$ 541.00 First fdonthly Payment +$ 410.00 Prepaid Rental Payment +$ N/A Total =$ 547 nn ~~ Total =$ 541.00 ~ Vour Monthly Payment is Determined as shown helow: Gross capitalized cost, The agreed upon value of the Rent charge. The amount charged in addition to the Vehicle {$ 27432.15 )and any items yeu pay aver depreciation and any amedized zmeunts + $ 8017.20 the Lease term (such as service cantmcts, insurance, and any Total of hose monthly payments. the depreciation and outstanding prior creditor (ease balance $ 27832.15 any amortized amounts plus the rent charge - $ 22569.00 Capitalized cost reduction. the amount of any net Irade~in allowance, reUate, non cash credo, m cash you Day That Lease Payments. Thp number of payments in ycur Lease + 60 reduces the grass capdalrzed cost -g lTha rs also the number of months m your Lease) Adjusted capitalized cost. The amomrt used in Base Monthly Payment = $ 376.15 calculaung your base monthly payment = $ 27832. 15 - Residual Value. The value of the 4ehicle al the end of EXHIBIT ~ N/n the Lease used !n calculating your hale monthly payment -$ 13280. SS ~ Depreciation and any amortized amounts. The ameuut o + 3 33.85 e charged for ilia Vemcle's decline m value through normal S 145.ri1.6O ~ 410.00 e wear anu for other items paid over the Lease term = $ EARLY IERMINATIDN. Yau may have to pay a substantial cfiarge if you end this Lease early. The charge on when the Lease is terminated. The earlier you end the Lease, the greater this charge is likely to he. The actual charge will deuentl 'Ezeesslva lYeas and Use, Yau may he charged for excessive wear haled on our standards for normal use and (or mileage in excess of}~_O~=miles per year, at the role of a p¢r mile. , 14 13690.55 Purchase Option at End of Lease Term. You (lave the option to purchase the Yelncle at the end of the Lease Tenn for $ and a purchase oUlion lee of $ .the purchase option prke does not include official lees such as those for lazes, lags, license and registralipn, Other )mpogani Terms. See your Lease documen6 for addd+ortal information cn early terminallpn, purchase options and maintenance responstbilihes, warranties, tale and default charges, Insurance, and any security interest, ii applicable. __.__- s, " ~ ~ ~ ~~S. Etemlration, of Geoss Capitalized CasE(See T€em +Ea4oye)--"-- ,,___. ..,,, ,,.:.-, Agreed upon value of the Vehie~c~432. i5 Sales lax pncluding luxuf[/fAI Mechanical BreaNdown Other lSpemlyl Protection NYA N!A Pnor Geditor Leare BaUnce N/A B e 40 ,00 $ s s js s $ 1 .,. ~ ~ "~~~ ~ ~ ~ "i:b., tees,.Gharges. Warranties antl Property Insurance - ~ - - _ ~ `" - I or assessed on Days of [Ae lease pale we extentl a service contract covering the Vehicle, this tlisdaimer will not affect any implied warranties during the term of the warranty or service contract. Late Payments. No late charge will he assessed pr rnltecled when the poly delinquency is late charges assessed en an earlier delinquency, the charge far late payments Is: 5%ot the base mon(fily payment (or any payment not received wi(fiin IO days of [fie date it is due. pis Position Fee (See "Return of the Vehicle' on the other side of this Leasel: S 300.00 Warranties. ihv Vehicle is sublect to the lollowmg express warranties: If the Vehicle is new, the Vehicle is sublet[ to the manufacturer`s sfandard new car warranty. ( ) If (tits box Is checked, the Vehicle is subject to the lohoWing express Warranty or guarantee: If the Vehcle is not new, antl no warranty is identified try the previous senlenw, there ~5 no express warranty on the Vehic:e. Unless pmhibded by law, the lollawing two sentences apply, YOU ARE LEASING THE VEHICLE "A6IS," WE OfSCLAIM ANY WARRANTIES IMPLIED BY tAVY, INCW0ING THE IMPLIED 4ARRANTIES OF MERCHANTABILItt AND FITNESS FOR ANY PARTICULAR PUFPOSE. If we make a written warranty covering the Pellicle or, within ?0 Early Termination Purchase Option Fee (See -Option to Puchase Veh¢le Upon EaAy rerminavan' an the other side of this Lease): g 300.W plus pne Monthly Payment. Early Termination Fee fSee "terms Concerning Early Termination of the Lease" on the other side of this Leasel: 3 300.W plus one Monthly Payment. Physical Damage and Liability Insurance. You have obtained the Insurance That is required far this Lease (see "Insurance' an the other side of this Leasel NAME OF FGENT 1ELEPHONE N CONFIRMATION A INSURANCE COMPANY You are not requred tp buyy,,aa~pr~~ gqWWrrqq~qdII P,~pd IMPS (~enl r iota the Ledse The ~,,p ~gh r or aN o'•vn pr Igptlpn "'dBP" Term Perm of anY Product or servlbt+hlPL+cftti~ L@as~e~§ tlt%E're~Qfr~t i~showTl3eTlETe ~{essee~s n1llaf~~~CP ~A 1 ~ 1U4 ( nght. If ypu decide you want m huy an optional product or service, review the terms cl the `Cpverage contract whmh describes the product or service before you indial to rho dghl. A completed copy of the contract wall he given to you as loan as praclicahle. Optional Servke Contract Term ar Exlended'Narranty term By initialing to the right, you indicate that you want to huy the optional products and Lessee's rnrtrals services indicated. If the cost shown is oaf shown as part oT the Itemization of Amount Coverage ,yx~_~ Due at Lease Signing above, it has heen added to the Gross CaDitalizetl Cost (see ahov¢7, NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BfFOR£ YOU READ BOTH SIDES Of IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED 1N. YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A CO PlETED GOPY OF THIS LEASE BEFORE SIGNING IT. 9. CESSEE SIGN S~4eheek if other' than individual(s)) [ ~ CorpoFation- ~~[ Partner - ip (-J LC dr CLp oI Propr` Forship Lessee Signature Lessee Signorine ~ ~'', Type/Print lessee Name type/Poor tessee Narne -~~ 10„Lf55t7R'SRCCfpTANCEAND'ASSIGNMENT~ ~~"~~~~ ' ~~~-'-" ""~' ~ "`°~'~~~` ibe Lesor's au;hpri:ed ugna(ppg~LJp;lga tlg~p~s accepted the teams, condhions antl obiigalions of the Lease and Ihal - NA79r ,~7mbkAYthe "Lessor's AsstFnment" provision on the other side of this Lease. A f~ ,./~ /1 Le950l Ndin P: Su TLI I~Ii L'AP yjr/L r~/`/ ~ ~j~ ~ ~ ~ BY, yy~y_~_ ~' /' ~~~ ,^ V~'r'-y ~/•Vl~r Assignee Name: first National Bank of Pennsylvania lyPe.rPnnt flame: J2y}z.O C /~{~cG~ N n/Z 4140 East State Street. Hermitage, PA 16146 Type/Pnnf Llle: ~U»~<LtP - IF YDU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE. I (the Guarantogsl signing below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement ("me Lease"I datetl as of the date below. I herehy uncondilionaily guarantee toil and timely payment when due at all rentals and other payments and the Iuil pedmmanoe by Lessee of all premises, terms and conditions of the Lease Icolleclively the "LiahillGes"j. II an event of delaull actors under rile Lease, I shall pay Immediately any amounts due form the Lessee or fake any action required of the lessee under the Lease. My Imbihly under this Guaranty is pnmaiy and will npi be attecled by any settlement, extension, renewal or modthcatimt of the lease or by the discharge or release of (he Lessee's obiigalions, whether or not by pperation of lour, I waive all tlamages, presenbnenls, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying to Collect all or any part of the Liabilities. anJ in enl<rcmg ihts Guaranty. ihrs Guaranty is an absolute, continuing and unconditional guaranlY. Alter assignment of the Lease, this L'uaranty inay be modified or lerminaletl only with the assignee's prior wntlen consent Any parts of this Guaranty which cenllict with any statute, role or law, shall he ueemed nail and veil to the extent of such Conlhcl, out wdhaal a0eeting the tell of this Guaranty. If mare than one party signs This Guaranty, each is Ieinlly anJ severally obligated. Each mgner on behalf of xny Cprporate guarantor warcants that he had authority to ngn on behalf pl such mrporalion and by so signing, to bind the corporate guarantor under this Guaranty. ' Signed ui the presence oP _ tSEALI (SEAL) Signature pf Guarantor Date Signature of Guarantor Date ~ r ~y WNCPNSlW1Fft SpaGi US59a4d EtRer 9/39) LI~OLYF5s9t fpPY ~VMIe ~peALEfl CprY. Lrwy~tFSSFF rpeY. Fina~CpgY-LpIOemW IIIOL {'B~nANWNSUMERIPF'~Itl; ~l+e clean condition. _ yi ~ Official Fees and Taxes; Registration and Parking Trckets. We own the Vehicle. You must keep the Vehicle curremly registered in oucname. Yw are leasing the Vehicle, and have no rights to it except 1o use it as permitted by this Lease and to exercise your purchase option. You must pay all parking tickets arM traXic fines relating to the Vehicle and a Ticket Processing F'ee of $25 far every summons issued to us in connection with the Vehicle, whether or opt you are found to heat fault If you do not pay such tickets and fines, we have the right to do so for you, and you will repay us these amounts upon demand. We may add the amount to what you owe us if you do not pay us when wbmake demand. You.must pay when due or reimburse us i4 we pay for you all government charges, tees and taxes whether assessed on you, us, or the Vehicle. Yau will dot have to Day our income taxes. It you de not pay the charges, fees and taxes and interest or penalties are assessed (unless the interest ar penalties are a result of our negligence), yeu must pay ilia interest or penalties when due or reimburse us it we pay them. You must pay personal property taxes assessed on the Vehicle. whether you are billed for them by the government or whether we pay them and bill you for them or include the amount of such taxes as part of your monthly paymenf. The actual total of fees and taxes maybe higher ar lower depending an ilia tax rotes in effect ar the value of the leased property at the time a fee or tax is assessed. This paragraph will survive termination of this lease. If you move the Vehicle to another state and reregislralion is required, you agree to reregister the Vehicle and to pay all costs and expenses of registration. You also agree to pay us an administrative fee of $4010 pay for our expenses in connection with reregishation. (j) Returned Check Charge. II any check you give us in payment of any obligation under this Lease is dishonored or returned far any reason, you agree to pay a returned check fee of $20, but if applicable law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount. (k) Use of the Vehicle. You will keep the Vehicle permanently garaged at the address shown in This Lease. You will keep the Vehicle free irem any liens or claims. Yau have the risk of loss, and are responsible far the Vehicle's damage or destruction. You will not allow unlicensed drivers to drive the Vehicle. You will not use ilia Vehicle for more than 30 days outside the state where the Vehicle was hest titled without ow prior written permission. {4 we permit yeu In register the Vehicle in another state, you agree tp pay a41 Dt pur costs at re~regislratwn. We are not required to permit ypu to move the Vehicle to another stale. 111 Acknowledgment. You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you want, that it has no missing parts and that it is in good condition and the odometer mileage is as shown in Item 2. You accept the Vehicle for all purposes of the Lease. You further acknowledge you have taken delivery of the Vehicle. (m1 Odometer. You are required tp maintain accurate mileage records of your usage of the Vehicle. Normally, usage is determined solely by the odometer in the Vehicle. However, if the odometer shoulJ break for any reason, you must immediately repair or replace the odometer and be able to provide us wdh proper supporting documentation to indicate Me date and mileage when [he odometer failed and the date when it was repaired or replaced. II the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you agree to pay the amount we estimate the Vehicle's market value has been reduced by reason of additional miles not refkcfetl on the odometer, the inability (o determine the Vehicle's actual mileage, or both. This paragraph will survive termination of the Leasa. (n1 Ddometer Disclosure. Federal law requires you [o properly certify the Vehicle's mileage at the time of Lease termination, whether or not the Vehicle is returned to us. This certification is needed so thahwe can transfer ownership of the Vehicle Failure to certify the mileage or makings false statement may result intines and/or imprisonment. You must cerify the mileage even if you buy the Vehicle. II we transfer title re the Vehicie and provide incorrect odometer infarmatlgn, either because you did not provide a cerGlicatien to us ar you made a false statement, to the extent riot prohibited by law, yeu are liable for and will indemnify us against any claims, damages, penalties, fines or losses, including our court costs and attorney's fees, which we may incur in connection with your failure la comply with the law. this paragraph will survive termination of the Lease. (01 Indemnification. You agree to indemnify us and hold us and our assignees,agents, and insurers harmless, to iheextent oat prohibited by law, from ail damages, injuries. claims, demands, and expenses, including reasonable attorney's fees, arising out of tfie condition, maintenance, use or operation of ifie Vehicie, inclnding a claim under the strict liahifity doctrine. (p) Assignment of Returned Premiums and Other Amounts. You assign to us any unearned returned premiums or charges or other amounts relating to insurance or any optional product or service sold in connection with this Lease and reWrned ur paid to us. You will earn no interest increase or profit with respect to such property. lU1 Right Of Set-Off: The law gives us a right of sef-ott m any of your property in our possessipn.'Nhen ere assign (tran51er) our rights in this Lease, the Assignee will obtain the right of seboA. If you default, the Assignee may exercise the nghf of seFOtt and apply any of your property in the Assignee's possession, including deposit accounts, to sums you owe on this Lease. (r) Waiver. it we fad m exercise any nghf or remedy of any time, we do opt waive the nghf !o do so at a later time. !s1 Giving Notice. Notices may be given personalty or sent by first class mail to the address shown on the front side of this Lease. Notices shall be deemed given to us when they are personally given or actually received at our address shown in Item 1 or as we otherwise duet[ from time to time. Notices shalt he deemed given to you when they are personally given or when placed in the mail, adtlres>etl Ie you at your address then shown on our records, even though you might not actuzdy receive our mailed notice. You agree that LO days' notice is a reasonable notice period, unles's state taw regwres a ienger period, m which case you agree that ilia state reUUired period is reasonable. (N Assignment and Transfer of the Vehicle. YOD MAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHODT ODR PRIOR WRITTEN PERMISSION. We may assign all of our right under this Lease. The person to whom we assign our tights may reassign them. You may not assign your rights or obligations under this Lease. Yau agree to render performance of your ubhgations to the original Lessor and, upon receiving written notice of any assignment to the Assignee or any subsequent assignee. tu) General. This Lease s the entire agreement between you and us. y!e haue not made any promise la yeu that is not in this lease Any change to this base must he in a e+rihng that Is signed by you and us. If any provision cl floc Lease is "round to be void or unenforeeable, this Lease is to he reaU as if that provision were never contained in this Lease. (v) Governing Law. If any part of the Lease is uwaiid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenlarceable or illegal mill not be effective as to that jurisdiction. The rest of the Lease volt be enforceable. II you lease the Vehicle primarily for personal, family or household purposes, the law of the state in which you reside will govern the Lease and the mterpretatimi of the Lease. I((his Lease is oat primarily Ipr personal, family ar household purposes, you agree that the laws of the state in which the original Lessor does business, as shown in Item 1. shall govern this Lease and your obligations. Lessor s Assignment. The undersigned dealer ("Dealer"( for valuable cpnsiderahpn, receipt p(which is hereby acknowledged, does hereby sell, assign, and transfer to First National Bank of Pennsylvania 1"bank"1, all of Dealer's right bile and interest in and le the eiilhin Lease, all amounts due and to become due thereunder and the vehicle described therein ("Vehicle"1. io induce Bank to accept this Assignment Dealer warrants that: p1 the lease is genuine, vxlitl sod enforceable according (o ds terms and accurately reflects the Lease transaction described lherem in all respects and is subject to no Defenses, >etofls ar counlealarms; 121 Dealer has goad title to Vehicle, tree and clear of alt liens and encumbrances and that no prohibition exists against the making of this Agreement (31 the Lessee is competent, is nut a minor, and has a driving record which Dealer has presented to and accepted by Bank; lAl the Dealer has lolly comUliutl with, and prior fo the completion of the sUte, federal and local laws and regulalmns; (51 the Vehicle has been delivered (o anti has keen accepted by the Lessee and is in the Lessee's possession; 161 Io the Dealer's best knnrvledge and belief all information set forth in the Lessee's application submtlled to BanN is true, aaurate and complete; 171 Dealer knows of no facts or circumstances which wtll impair the tease's validdy or ualue; f811he Lessee has obtained ilia necessary insurance in accordance with the terms of the Lease and the Dealer has delivered the required insurance certificate to Bank; (9) the Dealer has delivered to BanX a copy of the manufacturer's imo¢e and certificate at origin and shall return to Bank a copy of the completed vehicle registration forms alter such forms have been accepted by the approUnale molar vehicie registration oRice. In the event of a breach by the Dealer of any warranty listed above, the remedies available to the Lessor shall include requiring the Dealer le repurchase the vehicle and the Lease far the full amount shovrn on the Lessor's bppks, including any reasonable allorneys'fees and court costs. eAlYeeNSUTAEn FOalr USS9aM~b6lAev. 9/991 PENNSYLVANIA „ -I,... ., m. ,: .~... .. -- - - .111:. Qe~aul,Repossesstan an ITE ei dinedies-'- - - -- - --- --- --~- „":fy:, You wtll ae in default rf: You fall to mzke z montldy Payment alien it is due; You fail to paq any amcunt you awe antler the Lease when d Is due pr when demand is made; • You provide any lake or misleadmginlormabon in any lease aDpl¢abpn; • Vou tail to mainlmn (he regmretl insurance; • You lose possession of the Vehicle by confiscation, lodeiture er other lnvolunlary Uansfer regardless pl whe7her the Vehicle is the whject of judir,Ial or atlminishative prpceedings; You or your property become suhlecl to bankruptcy proceedings; You die and [here is no sumving lessee; The Vehicle is lost. stolen or damaged beyond repair, • You assign the Lease or transfer the Vehicle; •Yeu fail to keeV any other promise er obligation under Me Lease or violate any other term of the lease. It you delxult, we :nay, but are not reGUired In, take acbpn to Drolecl our interest in the V¢mcle (such as buying insurancel. Gur action does net cure your deault. Amounts we spend taking such action, ;uch as, but ;ant horded to actual cpuri casts anJ reasartable attprneys' fees, xiR he aJdeJ to your Lease poligations and wdi hear I¢ase charges, if permitted bylaw. If we end this Lease because of default, you authorize us 10 cancel any A7BP or other optional product qr service you bought in connection wdh this Lease and to receive any refund or credit due upon such cancellation to apply to amounts you owe. After givinK any notice regwred by law, aotl subject to any waiting periods impose) by law, we may peaceably repossess [he Vehicle wherever ere may find iL'!ou authorize us to enter onto any properly where Ifie Vehicle may ha to lake Cossession of d and remove it. We may sue the license plates on the Vehicle in movinK a to a storage place. After we repossess the Vehicle, we will hold it free of miy rights you may have antler fh.¢ Lease, supject to any right you may have under the law to cure a breach or redeem the 4ehicfe. UNess yuu tell us vnlhin d8 hours of any personal property ;eu r,laim was m the Vehicle when if was repossessed, we rritl not he resppnsihte for that property. this Item 11 will survive tecmmatipn of this Lease. ,' 12. Terms ~GOncarning Early:_ermina lgpo a ease - ~ ~ ~-~~~ ~ ' ~'" la) You may lermmate lend) the Lease before Ilse entl of the Lease term under the following conditions: II you are not m tlefault under the Lease, you may and the Lease by :elummg the YeMCIe to us and Veymg us, within hue b~dsness days of the date we mike demon), your early termination !lability (see 6elpw). (b) We may end ;he Lease before Lhe end of ;he Lease term under the following contldions; If you are .n Eelault. we may end the Lease. You must return the'lehiale to the place .ve designzle, You must paY us, :vdhm five business days of the dote the make Demand, lour xarly termination liability (see belox). Upon early lennmation you agree to pay the fallowing cnarg¢s: An Early ierminahon Fce as slmwn on the other tide of this Lease; • 0.ny unpaid montfily payments entl other amounts then Uue; Any pPocial fees and taxes nnposetl ni cannecticn +nth ;ermmaticn; and • The mnount by which fire adiusled lease balance exceeds the Yehmle s realized value at termination. If we have to lake possession of the Vehicle from you, you :viii pay us We amount we have :o pay for expenses in doing so. If vie have to score the Vehicle and pay storage charges, you will pay us the amount of the storage charges. He ndl apply some or aft of your secunly Jzppsil to abet you owe. yVe figure pour adjusted Lease balance, wNCh is life balance subject to the (ease charge, using the'constanl yield meUlotl". "Constant yielU method' means, the melhotl of determining the lease chzrge portipn ct cacH base mon(hty Vayment ¢nJar rrhich the lease charge for each mpnth is earned in advance by muRiOlYmg the constant rate implicit in [he lease times the balance sunf¢et to lease charge as i! declines dunng the Lease L=rm. At any given time During the Lease Lerm, the adlus;ed lease balance is the dillerence behveer, the adiusled capllalized cast and the sum ol: (i} all depr¢ciabmi amounts accrued dunng the previous monthly periotls, and iii) the Ueprecialion -ortion of the first base monthly -ayment. The periodic lease charge calcula!icns are based on the assumption Aral we wilt receive your paymienls tin their exact due dates and Thal the lease des to its lull term. TL•e rezlized value o1 the Veh¢IB is: the Wrpu xe recene !or the Vehicle a[ disposdion; the highest offer we receive for Uisppsilicn of the Vehicle; or the lair market value pf the Vehicle at the eutl pf U:e Lease term. We •rall adU to the anrount ycu owe us ~,vhat It costs us to pay someone to dispose of the Vehicle, for example, an auction fee. (c( ip Ine exLnt !here charges !ak¢ .nto account Ilia value of the rfeh¢!e at :emm~ahen, if you disagree with the value we assign Ip the Vehicle, you may obtain, at your awn expense, and within 10 business days boor Lease lerminahon Irom an independent third party aEreeable m you and to us, a prpfessicnal appraisal of the vrhplesa@ value of the Vehicle which could 6e reallzeU z. Sale. We xrlll then use the aVPralsed value as 14e realized value. If we have to pay someone [o h¢!p us collect Lire amount yuu owe us, we will add the einount we I:ave to pay tp the amount you owe us. ibis may include reasonable atlurn¢y's lees and court casts, J pzmitted by law. a....., . ~,,~ '~ .~ ". '.. : QFher Termran aRe s tuns ":.,. (a) Insurance. 'too agree to maintain, in your name, the Ipilovring types and xmpunis of primary insurance for the Lease term and uulil you return ;he Vehicle: Public liability insurance wdh coverage limds of of leas[ b1D0,000 tl one persop is injured and 5300,000 if mare ,ban one pezson is injured; uninsured motorist coverage; Property damage liability insurance with coverage of at !ea>t 350,000; collision and comprehensive lire and theft wdh a deductible amount of no mare !ban 5500. You can phiain insurance at your expense through any agent, broker or insurer of year choice. ?his required insurance must he in ettecl before you take Uehvery of the'lehicle and may not be cancelled unlit alter you return the Vehicle to us. The msurartce company and se Col+cY must 6e reasonably acceptaale'o us. ?Ire policy melt provide us with no less than 30 days' wrr¢en notice al canceRabon ar reduction in coverage for any reason. Collision, Iizhilily andi or ramprehensive insurznce must name you as the insured and us as an adddional msusd and Io55~payee. It we ask. you must furnish us with sahsfaclory ewtlence that the requred insurnce is in ettecl. You must notify us and the insurer :vilhin A8 hours el any event causingloss. You must cpoFerate fully wiW us and the insurer m providing furl, complete and accura!e Inlorrna!ion about the bss. If the Vehicle is damaged and you fix it to our sahslachon, we will Fay you any insurance Drpceetls we have received it you are not then in Jetaull. 'tau authorize us to file a proof of less d you do not anU to sign your name ID any check or draft representing insurance proceeds. (h) NOTICE: PHYSICAL DAMAGE OR LIABILITY INSURAtiCE COVERAGE FOR g001LY INJURY AND PROPERTY DAMAGE i0 OTHERS IS NOF INCLUOEO IN THIS LFASE. (cl Your Gap LiaSilityand Gap Waiver. You are IiahL for the `gap amount" the "gap amcunt" is the pdference Sehneen the amount you would owe {ur which you would dwe in (he aos¢nce of gap pnRectionl under this Lease m the event of a total loss of the Vehicle he(ore the end of the Cease term pccxsieneJ by its toss, theft or physical damage, and the actual cash value wa receive from ypurtnsurance company. The gap amount does net include the deductible under your insurance policy, or any amounts by which you are in default Far a fee, we may waive par right to cu:lec; the gap amount tram you, If Iva da, the cost nl such waiver zRPears in either Item 4 pr 5. Our ;rawer of our nght to collect the Kap amount from you is ecnddioned oa our receipt oC (al all amounts due under the Lease as of the da".e tit our receipt of the insurance proceeds, or, if no such date is specified, as of Lhe date of IL•e Vehicle's total lass; (6) an amount frmn you equal ;o your Ueductble and any other subtractions Irom the actual cash value of the Veh¢le antler your policy; anJ {c) insurance proceeds from the insurance Policy required under This Lease. Gay Protecton may also be aumlahle Irom a Third Varty. IT so, anJ you zlect such third party gap protection ant the cast of the protection will appear in either Item d or 5 ?nd the terms and cpndnions 01 the coverage will Eppear in the contract from the thiN party. Gap pmlecliun is i:ot auailahle in all slates. (tl( Standards for YVear and Use. When you return Ine Vehicle at the end tit the scheduled Lease term (including any exiensian), you are liable In charges for excess wear and use. The lollpwing standards aVVly fur Determining unreasonable or excess Near and use: • the Vehicle must 6e able to pass any inspection required 6y law, even if an inspection is not then due. The Vehicle must have matching tires (not retreads) comparable to those on the Vehicle when it xas delivered to you, wnh at least I/B" o(head remaining at the lowest spat. The engine, drive bola, odometer, and other mechanical and elechicaf parts sha7 operate anU iwt be damaged. There must he na scratches, dents, pets, msl .areas, mismatched paint or cracks in pr on the fenders, bwnp¢a. grills, hpod, trwrk, rout or Jpors. No special identification nr deaf alit appear on t!re Vehicle. ?here must 6e no rips, tears, bums. spitirtK m excessive wear rn the carpet, seats, Uonrs, Sezdlining pr dashhoaN. The windows, lenses and lights shall not he cracked or broken. The Vehicle Idenlificahcn Number in Item ?must not have keen altered or defaced. (here must be ao Irame or suspension damages. Vle Cetermined the mroun! of your bass monthly payment, in paq, on the mileage shown in Item a, "Excessive Y/ear and Us¢." Unless you buy the Vehic¢ at the entl pf the Lease term, you will return d to us in the condiliun in xhich you receiveU it, except for reasonable wear and use. (el Security Deposit. Unless required by law, we Jo rot keeV the security deposit separate in a bank ar oarmarketl on our books. We may apply same m alt of the security depost to vrhat you pave. Any unused secunly deposit vrill Se ietumed to you at the end of the Lease. V!e have no fiduciary duty to yuu with respeol tp the security deVUSiI. No interest, increase or prpfll on the seemly depnsd unit accrae or he paid to you. {Q Option to ?urclmse i'ehicle Upon Early Lrmination, You have an option to buy Ihe'fehicle prier to the anJ of IIIe term. The pace will 6e Ih¢ adiusled lease balance (see Terms Cpncermng Ezrly fennination pf the Lease, above) plus a pu¢hase option lee as shown in 'Early termination Purchase Option fee" on the other aide pl this Lease, plus any ether charges Jue and unpaid under this Lease. You must also pay any taxes or leas imposed nn our sale of the Vehicle to you. Yeu must give us 30 Jays notice in writing of your intent to buy the Uahicle. pII detain of the Vehicle, q yuu Uo eel buy the vehicle from us under your Purchase opbon, you agree tp retina the Veb¢fe lu us at the entl or he Lease teen at a place w¢ designate. '(ou mill ielum the VBhicL u! clean cpnddion. 1'lhen you return the Vehicle, you must give us a completed. s:gneU odometer disclosure statement. Pau agree to pay us any amounts you uvre under ,;:a cease and have net p.=.W. VJe may apply ail ar par! of your security depovl to what you awe us. I! you keep Iba Vehicle alter the Jate you are supposed to return d. you wdi pay pi n iiwc;S!y ampmil equal to the total munhdy payment and olhor amowds Ilia; may come due. 'tour payment does nut Vermil you to keep Qre 1'ehmle unless you got our permrsslon m advance. ru will Pay us upon return of the 1'cldde, a disppstlion lee as shown in "OisDpailion F¢e" pn the ether sNe pl tins Lease. lal Malntpnence. You +nll mamlmn ;ho \@hmlp ui gooU working pNpr and iepa¢ °od ndl pay all opzrahng •:osk, >uch as Gasoline, oil, and replacement tires. You will, at spur expanse, . rviea the :ohV le arrnrf nor rn fha o,. oar r nnmwl mainbnanra mhodnln If iho '1+h,rla ,c rvr Alaa ..nu :..w boon rho eorall ronain nr :arvm.~ ~adnmrad You will r¢hnn Ilia :'ah~rlx ,n FIRST NATIONAL BANK OF PENNSYLVANIA 4140 E STATE STREET HERMITAGE PA 16148 NOTICE OF REPOSSESSION CERTIFIED#7000 1670 0008 5501 8709 & REGULAR MAIL March 23, 2001 Donna L Way 74 Fox Lane Camp Hill PA 17011 RE: LEASE LOAN# 492-06883 The 2000 Ford F150 4X4 Super Cab Truck, Serial # 2FTRX18L1YCA03484, which we are financing for you has been repossessed. The vehicle is being stored at Sutliff Capital Ford, at Harrisburg PA ,where it will remain until April 7, 2001. You have legal right to redeem the vehicle within fifteen (15) days after the mailing of this NOTICE OF REPOSSESSION by the payment of the AMOUNT NECESSARY TO REDEEM VEHICLE set forth below to First National Bank of Pennsylvania. Amount Unpaid Time Balance $30,207.30 AmounT of Delinquency Charges 37.60 Amount of Termination Payment 710.00 Amount of State Use Tax 1,116.85 Plus Expenses: (Ail estimated) Repossession Expense $00.00 Storage Expense 00.00 Other 250.00 TOTAL EXPENSES $250.00 Less Credit For: Rebate Amount 5,227.28 Security Deposit 00.00 5,227,28 AMOUNT NECESSARY TO REDEEM VEHICLE SZ7,094.47 You are hereby notified that the holder, at the expiration of fifteen (I S) days after the date of mailing of this NOTICE, intends to dispose of the vehicle in a commercially reasonable manner. Notification of date, time, and place of private or public sale to be mailed ten (10) days prior to sale. if the vehicle is sold and the proceeds of the sale are less than the AMOUNT NECESSARY TO REDEEM VEHICLE, we will notify you of the deficiency which you are obligated to pay by the contract and the law. FIR& NATIONAL OF PENNSYLVANIA PLUS UNKNOWN EXPENSES , ~ ~ij,y~!~~~~ G,,,a TO BE ITEMIZED DATE =Sandra L. Bauer '~%V VEHICLE RECLAIMED Loan Adjustment Department AND OR SOLD. 1-800-972-4607 ext 3671 SLB:mIa EXHIBIT ~jL FIRST NATIONAL BANK OF PENNSYLVANIA 4140 E STATE STREET HERMITAGE PA 16148 NOTICE OF REPOSSESSION CERTIFIED#7000 1670 0008 SSOI 8716 & REGULAR MAIL March 23, 2001 Jason P S[oner 2147 Chestnut Street. Camp Hill PA 170! 1 RE: LEASE LOAN# 492-06883 The 2000 Ford F150 4X4 Super Cab Truck, Serial # 2FTRX18L1YCA03484, which we are financing for you has been repossessed. The vehicle is being stored at Sutliff Capital Ford, at Harrisburg PA , where it will remain until April 7, 2001. You have legal right to redeem the vehicle within fifteen (15) days after the mailing of this NOTICE OF REPOSSESSION by the payment of the AMOUNT NECESSARY TO REDEEM VEHICLE set forth below to First National Bank of Pennsylvania. Amount Unpaid Time Balance $30,207.30 Amount of Delinquency Charges 37.60 Amount of Termination Payment 710.00 Amount of State Use Ta~c 1,1 16.85 Plus Expenses: (All estimated) Repossession Expense $00,00 Storage Expense 00.00 Other 250.00 TOTAL EXPENSES $250.00 Less Credit For: Rebate Amount 5,227.28 Security Deposit 00.00 5,227.28 AMOUNT NECESSARY TO REDEEM VEHICLE $27,094.47 You are hereby notified that the holder, at the expiration of fiftecn (15) days after the datc of mailing of this NOTICE, intends to dispose of the vehicle in a commercially reasonable manner. Notification of date, time, and place of private or public sale [o be mailed ten (10) days prior to sale. If the vehicle is sold and the proceeds of the sale are Less than the AMOUNT NECESSARY TO REDEEM VEHICLE, we will notify you of the defcciency which you are obligated to pay by the contract and the law. FIRS, NATIONAL BANK OF PENNSYLVANIA PLUS UNKNOWN EXPENSES ~;~ ~c~.• TO BE ITEMIZED DATE / Sandra L. Bauei~~G~~----f• VEHICLE RECLAIMED Loan Adjustment Department AND OR SOLD. I-800-972-4607 ext 3671 SLB:mIa EXHIBIT $ ~i ~--- FIRST NATf~NAL ;SANK of Pennsyf vanta /'°r May 10, 2001 NOTICE OF SALE Donna L Way 290 Ifillside Drive New Cumberland PA 17070 RE: Lease Account: #492-06883 Dear Ms Way: 4 i40 E. State Street Hermitage, PA 76148 This is to advise that the 2000 Ford F-150 4X4 Supercab, Serial #2FTRX18L1YCA03484, which has been repossessed from you, has now been sold in accordance with terms of your contract. Balance due at Time of Repossession $30,207.30 Plus Late Charges 37.60 Plus Termination Fee 710.00 Less Rebate Amount 5.074.86 Balance 25,880.04 Less Proceeds from Sale of Vehicle 18,500,00 Less Refund of Dealer Incentive Unknown Deficiency Balance $7,380.03 You are aware that this deficiency balance is your responsibility. It is legally enforceable, collectable, and interest bearing. We realize that you may not be in a position io take care of the obligation in full at this time. We are confident, however, that a frank discussion of your situation will enable us to develop a plan of payment which will be acceptable to both you and the bank. We expect your cooperation and that you will contact us regarding this matter within five (5) days of this letter. Very truly yours, FIR/ST~NATIO~NAL~BANK OF PENNSYLVANIA ~'b`G/i,~~Z~lrr`~ ~ Sandra L Baue i~~'~'~ Loan Adjustment Department 1-800-972-4607 ext3671 SLB:mIa EXHIBIT ~~ Home o~ the Personal Banlte~s RlRST i~ATl0~1AL RA~1l~ of Pennsyfvanfa J~ Niay 10, 2001 7ason P Stoner 2147 Chestnut Street Camp Hill PA 17011 RE: Lease Account: #492-06883 Dear Mr Stoner: NOTICE Oi' SALE 4740 E. State Street Hermitage, PA 16748 This is to advise that the 2000 Ford F-150 4X4 Super Cab, Serial #2FTRXi 8L1 YCA03484, which has been repossessed from you, has now been sold in accordance with terms of your contract. Balance due at Time of Repossession $30,207.30 Plus Late Charges 37.60 Plus Termination Fee 710.00 Less Rebate Amount 5 074.86 Balance 25,880.04 Less Proceeds from Sale of Vehicle 18,500.00 Less Refund of Dealer Incentive Unlrnown Deficiency Balance $7,380.04 You are aware that this deficiency balance is your responsibility. It is Iegally enforceable, collectable, and interest bearing. We realize that you may not be in a position to take care of the obligation in full at this time. We are confident, however, that a frank discussion of your situation will enable us to develop a plan of payment which will be acceptable to both you and the bank. We expect your cooperation and that you will contact us regarding this matter within five (5) days of this letter. Very truly yours, SLB:mIa F^IR~S NATIONAL BANK OF PENNSYLVANIA Sandra L Bauer Loan Adjustment Department 1-800-972-4607 ext367T EXHIBIT Home of t1-te Personal [3ankers SEP-24-2001 NON 09;57 Aft MacDONALD ILLIG FAX N0, 18144544647 P. 12/12 VERIFICATION The undersigned, Vice President and Manager, Loan Adjustment Department, and duly-authorized represeaitativo of First National Bank of Pennsylvania, hereby states that the facts set forth in the foregoing Amended Complaint are truo and correct based upon her knowledge or information and belief. This statement is made subject to the penalties of 18 Pa. C,S,A § 4904 relating to unsworn falsilicapon to authorities, lizabeth B, Sant .Date: September ~, 2001 c:~ , .. ~ r,, __._ _ , ~ ' '•-~ n f . ~: 1:, ~~~3 '~~ f ~ _ -~ -' l7 !,] .. `r,y ~~ ~~ _ ggy+3u -. ._ .£flu a~'e 4'tFS~ITV'F3 +r.e Jsp.'L~u~31aM a u~_s°Tf W: flu~Atn"~',,, ~¢ FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff v. JASON P. STONER and DONNA L. WAY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Ol - 4664 Civil Term PRAECIFE 'F~ DISCONTIl~1L'E AC'Y'Yt7N TO: Curt Long Prothonotary of Cumberland County Please discontinue, with prejudice, the action filed at the above term and number and mark the docket accordingly. s Fuhrer Reiter . .D. No. 43581 MacDONALD, ILLIG, JONES & BRITTON LLP 100 State Street, Suite 700 Erie, Pennsylvania 16507-1498 (814) 870-7760 Attorneys for First National Bank of Pennsylvania C ~ c ' - r ;~ n;:r: ;~ ' ~ ,._ f ~ ~ "°_~~ ~ - ~ ~- fJ . _.~r, a_; ` c~ J ; ,~s ay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. F/WA COUNTRYWIDE FUNDING CORPORATION )CIVIL ACTION vs. JERRY A. RUSH ) CIVIL DIVISION ELIZABETH J. MILLHOUSE ) NO. 01-4564 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. F/KIA COUNTRYWIDE FUNDING CORPORATION hereby verify that on 11/27/01 & 2/21/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 1/7/02 & 2/20/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FRP~NK FEDE MAN, ESQUIRE Attorney for Plaintiff 0 v~ Y ~4 p ~/i c~ b d v, ro a ~~~ aA g~ a ~ ~ O q ~rn ¢y7 `~ ~ ~ ~ ~~r P. U k+ `~ O y w w '~ Q N ~ ... w~`Oa a d % r~ ~ 7.., d zoo w~ ~ ~ ~ fr. • eYFiY~9d. a. o. 0.g p~' f ...~ ~r`L d' '~ ~`~z"o' iaa~a x a , s . ' - ~ 9 ~a ~ tl- DdS '7~aa~ ~ ;~ ti '1~ d - o ~ ~~ q ~ ~~oo ~~v~ ~.~ a~ n~~~ ~ ~~ a ~ ~ ~ '~ q s w o v °o qnv°~ a= ~~ ° ~ ~ "~ ~ ~ o a ~~xrx R'° Ca. a° ~ ~ mg 2~2E °~u ~ o N ~ o fi~ °o '~ ,a ' o ^~-' Q ~ a o w ^~ iu a Py y~ ° y ~ ,a ..~ .~a v ~ 9 -5 ~~ W ~a X09 aay W F°~5'~w°d ~ n' a . 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', ~ ~'m9 a Y ~ ~i` rte 6~u ° .° ~~ ~ ~ $ , ~ v~ ~ a ~ '" ~ ~~; w . ~ »~ ~ ~d8d ` ° ' W ~ ~O N ~ $x .A °$ og~i .~~ ~ x {{ o .g ~ fy { ~I ~Q ~~~N yQ i Q W 't'3 °o ~ Ei W x F a ~ ~~~° bps,,.. a' O ~ w ~ ~ ~ v~ ° M y y; y q Ay q A Htl~wC4 ~ W W ~~ a yy U , x o Q ~ ~ w Cw7 5 v a ~ ~ ~ ~~ ~ ww 0 o w~ a z ° o w ~ F d 'a m v d a ~ ~ O ~ E" ? ¢~ a q ~ ~ e z' Q U F Fz L d ^~ ~l ~ Z l `~ y~ L Q ~ L C Q / ~ p T ~ riri y 1 c~+ ' N M ~ Vl ~D i~ W Q~ ~ N ('rl V ~ z m al F P. 7160 39A1 9844 7U41 903U TO: ELIZABETH J MH,LHOUSE 17 E HIGH STREET, #301 i CARLISLE, PA 17013 SENDER: TEAM 5 { REFERENCE: RUSH, J a i I PS Fans 3800 June 2000 i RETURN Postege ~ RECEIPT CeNfied Fee ~ SERVICE i ~ Re[um Receipt Fee i total Postage & Fees ~ `' 4:]4 US Postal Service OB ARK DAT "'I Receipt for '~,~ ~'~~ y Certified Mail "!sea ~5e t No Insurance Coverage Provided Da Nat Use for Intemafional Mail 7160 X901 9844 7041 9061 TO: JERRY A RUSH $33 SPRINGFIELD ROAD SHIPPENSBURG, PA 172$7 SENDER: TEAM $ REFERENCE:RUSH,J 716L1 3907+ 9844.6529 4581 h TO: Jerry A. 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