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HomeMy WebLinkAbout07-4010COURT OF COMM( CONDOR CAPITAL CORP. Plaintiff vs. RODNEY ANDERSON and SHARON ANDERSON Defendant PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. O7 - yL1l CIVIL ACTION NOTICE YOU HAVE BEEN SU SET FORTH IN THE FOLLO' DAYS AFTER THIS COMPI APPEARANCE PERSONALL' YOUR DEFENSES OR OBJET WARNED THAT IF YOU FA JUDGMENT MAY BE ENTEF FOR ANY MONEY CLAIME. REQUESTED BY THE PLAIN IMPORTANT TO YOU. YOU SHOULD TAKE A LAWYER, GO TO OR TE: PROVIDE YOU WITH INFOR IF YOU CANNOT A: PROVIDE YOU WITH INFOR TO ELIGIBLE PERSONS AT D IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS ING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) .INT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT LIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A ,D AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF [FF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS [S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 'HONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN ,TION ABOUT HIRING A LAWYER. -RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND ASSOCIATES, P.C. By: O Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF CONDOR CAPITAL Plaintiff vs. RODNEY ANDERSON SHARON ANDERSON Defendants The above Plaintiff t $11,423.32, with interest the 1. Plaintiff, CO South Oyster Bay Road, Hic 2. Defendant, P Street, Lemoyne, PA 17043. 3. Defendant, S Street, Lemoyne, PA 17043. 4. At the speci Pre-Owned entered into a w copy of the contract is attacl: 5. For value rec~ set over to Plaintiff all its rid 6. By virtue of became the legal holder of tl PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~. No. ~'Y - ~a ~ CIVIL ACTION e,~~~~~ COMPLAINT this action against the above Defendants to recover the sum of as hereinafter stated, upon the following cause of action: 'R CAPITAL CORP., is a New York corporation located at 800 le, NY 11802. TEY ANDERSON, is an adult individual located at 668 State ANDERSON, is an adult individual located at 668 State instance and request of Defendants, Opul, Inc. d/b/a Superior ten contract for the purchase of a motor vehicle, a true and correct l hereto, made a part hereof and marked Exhibit "A". red, Opul, Inc. d/b/a Superior Pre-Owned assigned, transferred and s, title and interest in this claim. id assignment, Plaintiff acquired legal title to said Account, and claim against Defendants. 7. Defendants ha a not adhered to the agreed repayment obligations that govern the aforesaid contract, by reason f which Defendants are in default thereof. 8. The total amount which became due as a result thereof, after allowance for all proper credits for payments and/or a justments, if any, was $8,166.93. 9. Plaintiff is ent tied to receive interest on the above amount determined by applying the agreed interest rate of 18. 0% per annum to the past due balance. As of June 26, 2007 the total amount of interest due to Plai tiff is $620.24. 10. Plaintiff is ent' led to have the 18.00% interest charge continue to accrue as set forth above, from June 26, 2007 o down to the date of judgment in this matter. 11. In accordance with the aforesaid agreement, Defendants further agreed to pay Plaintiff s reasonable attorne s' fees incurred in the collection of any balance due Plaintiff, which total $2,636.15. 12. The Plaintiff ~as made demand against Defendants for the aforesaid sum, but Defendants failed or refused o pay the same or any part thereof. WHEREFORE, Plai tiff demands judgment against Defendants for $11,423.32 together with the continually accruing 'nterest charge at the agreed rate of 18.00% per annum from June 26, 2007, costs of suit and all oth r relief to which Plaintiff may be entitled. 13. Plaintiff i Complaint as if said 14. The goods, COUNT II iative to Count I -Unjust Enrichment sates the allegations of every paragraph enumerated above of this were fully set forth here at length. merchandise and/or services, described in the exhibits attached hereto were purchased by Defendants, and Defendants received and accepted the benefit of such goods, wares, merchandise and/or services provided by Plaintiff. 15. At all times m~terial hereto, Defendants were aware that Plaintiff was providing the aforesaid goods, wares, merchandise and/or services to Defendant, and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide and/or d~liver said goods, wares, merchandise and/or services, and to incur damages. 17. At all times ~aterial hereto, Defendants were unjustly enriched by retaining the benefit of receiving said good, wares, merchandise and/or services without paying Plaintiff fair and reasonable compensation. 18. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff s expense, an implied contract exists between Plaintiff and Defendants, and Defendants are obligated to pay Plaintiff the quantum meruit value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, i$~ the amount of $8,166.93. WHEREFORE, Plaintiff demands j udgment against Defendants for $8,166.93 together with the continually accruing inter~st charge at the statutory rate of 6.00% per annum from June 26, 2007, costs of suit and all other reli~f to which Plaintiff may be justly entitled. AMATO AND ASSOCIATES, P.C. By: 0 Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610)866-0400 A DEBT COLLECTION LAW FIRM FORM PA 23•SLC (Rev. 3/D3) PENNSYLVANIA MOTOR VEHICLE INSTALLM _ f. ANNUAL ~ -:FINANCE '-PERCENTAGE RATE. CHARGE Jhe cost of.your credtas "The diillar amount ttie' a yearly rate credit will cost you., YnuFPavmentSrhedulewithhe` Dated ' '~~ mount Financed he amount of credit provided # you or on your behalf. ~~~~ .7 "~ 3 -: -.-, Total of Payments Total Sale Price - _ The amount you wilt have paid after you The total cost of your purchase-on have made ail scheduled payments. credit, inclu~i,Qgy~urslownpayment of $ a~ ~ _ _ ; Security- You are giving a security interes# in the motor vehicle being~t `No. of Payments Amount of Payments When Payments Ar Due... - $ ' ~' ~ ~ Mohthly, beginnin ~ ~ $ -, purchased. Prepayment: If you pay off early, you will not have to pay a penalty., Filing Fees: $ - 3 _ ., ._ .:. _ Late l)harge: If a payment is late, you will be charged 2% of the' portion of the paymentwhich is-late for each month; or part of a month greater than~l0 days, that it remains unpaid See below and any other Contract documents for ahy additio al information about nonpayment, default, any required repayment in full before the scheduled date and- prepayment:- rEfunds and penalties. e means es ma e ,, ~~ #` ~ ' In this Contract - -: • ~ IF YOU DO NOT.MEET YOUR CONTRACT - - ~~` ~~ ~~``"s~ ~~ ... OBLIGATIONS, YOU MAY LOSE THE MOTOR THAT YOU ~~ VEHICLE AND PROPERTY' ~~~ <~ ttie SELLER. Name - . • Address ~,, ,t ;.-.. ; : Zip Code BOUGHT WITH THIS CONTRACT, AND/OR " - ~ ~ ~ ~;~ .~.~ ,,~,~,. ~~ ~ .~~ MONEY ON DEPOSIT"WITH THE. ASSIGNEE. You are ~~~ ~~~ ~ ,. . the BUYER(S). - ~•~ ~~ ~~~~ ~~~~. This Contract is between Seller and.Buyer. All - • - - - ~ disclosures have been made'by Seller. Seller ~- Name(s) = Address(es) -`= ~'~ -; Zip Code(s) iritendstoassignthisContracttotheAs~gnee. ~•'" If there is more than one Buyer, each promises, separately and to ether, #d payaU sums due us and to perform all agreements in this Contract. (tefTIIZ2t10f1 Of AffI000t FtfIBhCBd~: , ~°? : ~.; . : - , .__ ,•...._ _,,.: > Fr- ..... , , Cash Price , . TRADE IN_: ~ ~ .. ~ ,$ fc~`fi~.~ ~": You have traded in ~,~~ ~„~~ ~,~ ~ `_ Cash Downpayment - the following vehicle: ~ ~ - " = • . .::., - ,. Year and Make - ;: pescripbon ` ".` ;, £ , ~ ~ l ,~ . the Sel If a balance is still owing on the yehicle you have traded in . .y yi ~r wdl payoff this amount on your behalf. You warrant:and represent.to us tfFat- - ., .. .Trade-In _ - , any trade-in is free from:lien, elaim~ encumbrance_orsecurity intere , except:as shown inahe Itemization of Amount financed as.the "Lien Payoff.". Value ofTrade-ln - PROPERTY INSURANCE: You~may-choose~;the~.person through w om insurance is bbtained' against loss or damage to-the Vehicle and against"• $ ~'~~~ liability arising out of use or ownership of the Vehicle: In this Contr t, you are promising to insure the Vehicle and keep it insured. - off to ~ - Lien Pa CREDIT INSURANCE 'IS NOT REQUIRED: Credit Life Insurancea ~tl CreddAccidetit:& Health (Disability) Insurance are, not required to obtain y y - ou sign below and agree and wdl not be provided unless credit ... CREDIT the NOTICE OF PROPOSED Please read to pay'the additional cost(s) $ * ~ .y . , INSURANCE on. the reverse side. Your insurance certificate or p , .. .. . licy wilLtell you the MAXIMUM amount of insurance available. Rll insurance Unpaid. Cash:Price Balance . purchased will be for the term of the`credit. We mayreceive a f ha vial benefit from your purchase of credit insurance. ~ ~, ,~~; , : By signing, you select Singte Credit Life`Insurance, What is your' which costs $ '~ ~~ . age? Ye Sienature of Buyer to be insured for Single Credit Life trisucance By signing, you both select Joint Credit Life Insurance, which costs $ 1. ;~~ What are - your age: Z. -.... Signatures of both Buyers to be insured for Joint Credit Life Insurance By signing; you select•Single Credit Accident & What is you"r Health Insurance; which casts $ ~~ age? Years Signature of Buyer to tie insured for Single Credit Accident & Heaah'Ihsurance - w Bysigning,youbothselectlointCredit ~~ hat are Percentage - . Accident & Health insurance, which costs $your ages? to be insured r To Credit Insurance Company To Public Officialsfor`` = ~' _ license, Tags and Reg(stration m E $ } y . ~: Lien Fee '. - - - ~` 4 ~s_`~1't fO: ~!. - ,.. 2 ~ % ° . To • ~- ::. Signatures of both Buyers to be insured for Joint ~ ~* $ ~ ~ - Credit Accident& Health Insurance - ~ ' . To ~. VEHICLE: You have agreed to purchase, under the terms of this. ntract, the following motor vehicle and its extra equipment, which is called. To ~ - the "Vehicle" in this Contract. `. ; , $ ~1~`~~ : _ ', .* . , N/U Year and~Make Series Bodv St No. C~~l..: Truck Ton Ca acit Serial Number _ Amount Financed _. W ~ _ Fihance Charge - ' Equipped _ A.T. _ P.S. _ AM-FM Stereo _ 5 Sp . Other _ - E, ,,.~. ~ $ ~~'~'~' with _ A.C. _ P.W. - AM-FM Tape -Vinyl Top - '4 Total of Payments-(Time Balance) ASSIGNEE: We may assign this Contract and Security Agreement. o a the Contract-to a subsequent assignee, the term also refers to sq h s Seller in this Contract and in the SecurityAgre.ement shaft belon` to SIMPLE INS€REST ENTSALE CONTRACT, I~3l~~c~s ee :assigns $ ` ~~ efits:of the > Payment Schedule -You agree to pay`- yoU When . }n}ic tha-pmnunt Rnancad nluc intarest in res ofboth Boyers to be insured for Joint Credit prance ores of both Buyers to be insured for joint Accident & Health insurance -s - $. ~ To _ - 12 S LE: You.have agreed to purchase, under the terms of this Contras :hide" in this Contract. ~ Year and~Make Series Bodv Stvle 3 red _ A.T. _ P.S. _ AM-FM Stereo _ 5 Spd. A.C. - P.W. _ AM-FM Tape _ Vinyl Top. iNEE: We may assigrl this Contract and. Security Agreement to as Intract-to ,a subsequent'assigpee; the term also refers to such su in this Gontracf and in the Security Agreement shalt belong to: a. Seller-makes_a4:a ni ~, f" ~~~' ~~` ~ ~a` ~~ F ~~` ~s $r ;E IGNEii: Any person sigpirig the'Co=Signer's Agreement-below-pro ms due and to perform all agreements in this Contract. Co-Signer WNER: Anp person signing the Co=Owner's Security Agreement beh her with all Co-Owner(s) and Buyer(s), to perform all agreements in vise to' Pay" section: _ - _ -. IS:'.The'Eerms shown in the boxes above ate part of this Contract: rttSE TO PAY: You agree to pay us the Total Sale Price for the Velricl (payment and assigning the Trade-In, ifshown above, on of before the da Ig us the Amount Financed plus mterest,You promise to make payments IenfiSchedule. You promise to make payments on or before the same~da paymenf;due date. You agree to pay;all :other amounts which may beco' e is ~~tcact You agree fo pay the:Seller or Assignee costs of sub: +t~able atkorneys` fives if Sellei br Assignee hires an attorney to collect a ra.ctorfo'protectorgct possession ofthe Vetiicle..Ypu agree t6'make pay I payments to the address which the Assignee most recently specifies in t e the following motor vehicle and its extra equipment, which is called. To _ a ~. ,~ . ~ aa~~Q `• ~~ ~a „~,' , ~ ~ ~-- . ale Sl a b equenf assignee. After the assignment, ail rights and tierieflts of tkie.. Payment Schedule -You agree to pay' a1¢~r n be:enforceable. by the Assignee The Assignee wdl notify you when to`us the.Amount Financetl:plus interest in '•~•S1N~ r ~y t ~ No. Cyl.. Truck Ton Ca acit Seriall Number tx Amount Finance y ( S; o~ "`" - - Finance Charge' - d}~ ~ 3~, ~~ ~ Q a t~et they;- m a Total of Payments (Ti e Bal nce) , ~~Q, " If the Assignee assigns nce company which is the "Assignee les fin ~ ~~~` 'a~ . a ~~ ;a - payments of $ ~ ,, . ~ . ~ av~a ap e a h tl fin I a merit of ~,. ; ~ S~~e 1 V~ es separately and together with all'Co-Signer(s) and Buyer(s) to pay , g ',, ~,~ .The hrst ill not be an Owner of the Vehlcte: payment will be due on w gives us a security interest in the Vehicle and agrees separately and ` '~~ ~ the Security Agreement and all other parts of this Contract.except ttie '~ ,and then payments - will be due on that same day ofeaeh month '. _ ~ . - following ~ , 6ymak+ng the Cash` SECURITY AGREEMENT: To secure the payment of all sums due and the perforrnarice af:alt of this Contract, altd .required obli~atiohs under this Contract, you dive a security interest in the VeFncfe, in afJ , n accordancewith-the pparts.(ealled accessions") aftached to the Vehicle at any later time, and in any proe~eds of" of each month as the" the Vehicle; includingg insurance proceeds: The Assignee may set-off :any, amounts.du.----and unpaid under this Contract'agamstariy of your;money on.depos+t wttb;Assignee This. due under the terms includes any.money which-, is now,or may .in the. future: be depos+ted with Ass+gnee by you~°;, ou also'agree fo pay Assignee maq do this wittuaut any prior notic.~to.you.~:. .- ue under this ie' place or to notice to you. ''mil Q `'° a`~' •~e~ ~~V a ~~a'~~~• ~. ~~ ~I,aO qa s1 r ~~~ w. Y. ~ aa, . i a~~ ' yd 0 ' aa` col' JtDDITIONAt.•-TERMS AN•D COND#TIONS:-ihf1S CONTRACT CQNTLNUES 1JN :THE REVERSE. SIDE. YOU ARE OBLIGATED TO ALL THE .TERMS OF THE CONTRACT WHICH APPEAR OK THE FRONT ANf) REVERSE SIDES. __ ' ° _ NOTICE-TO~BUYER=DO NOT SIGN THIS CONTRACT IN: BLANK, YOU AREA; ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP !T TO •PROT~UR LEGAL RIGHTS. 13UYER ~~ ~ l~e_ . a..-"" (SEAL) ~~~ea~a~ ~~,~ Date j ~ ;BUYER /'~! ~ 2~;• r~ ~ f ~~f~ j~ `~~t :DEAL) ~• Date ~Igning below; we agree to sell the Vehicle to you under the terms o this Contract LER ~ ~>?da~ - ~;.,".~='~___.._e T--.~... - Date 0-SIGNER: YOU SHOULD READ THE NOTICE TO [GNING THE CO-SIGNER'S AGREEMENT. O-SIGNFR'S AGREEMENT: You, the person (or persoc ;reements in this Contract. You intend to be legally bound duce us to make this- Contract with the Buyer, even thoug ade any prior demand for payment on the Buyer or exercis WHICH HAS BEEN GIVEN TO YOIT ON A SEPARATE DOCUMENT, BEFORE signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all all the terms of this Contract separately and together, with the Buyer. You are making this promise to' we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Address Date Address Date ~-OWNER'S SECURITY AGREEMENT: You, the person igning below as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, e us a Security Interest in the Vehicle identified above. Yo agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the omise To Pay" section. You are giving us the security intere t to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due this Contract. You wilt not be responsible for any deficiency hich might be due after repossession and sale of the Vehicle. -Owner's Signature IY£R, Cfl-SIGIVfR AND CO-0WN£R, AS TElE T~IN£ flf SIGN~~G. x €s f~ s` t '--g _ r'~ ~ .r' Eft" ~- >. ~-.r.• ,- NOTICE: SEl ONSUMER FORM PA 23-SLC {Rev. 3/03) ORIGINAL -White • Address Date . ICABIE, AC~CNOWIEDGE RECEIPT OF A COMP~lET£D COPY OF TEAS CONTRACT ~' f - - CO-SIGNER REVERSE SIDE FOR iMI~ORTANT INFORMATION. EAGER COPY -Canary -BORROWER'S/CO-SIGNER'S COPY -Pink • COPY -Goldenrod CO-SIGNER OR CO-OWNER ®2003 aANCONSUMER SERVICE; INC. I ' AUUII IUNAL I tKMJ ANU I:UNUI I IUNJ 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total o Payments is the sum of the choice of whether or not to advance any money for these purposes. Such insurance will be Amount Financed and the Finance Charge. The Finance Char a consists solely of interest limited to an amount not greater than you owe on this Contract. THE INSURANCE WE computed daily on the outstanding balance of the Amount Fi anced. The Finance Charge PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE shown on the front side has been computed on the' assume 'on that we will receive all THAN INSURANCE YOU COULD PURCHASE YOURSELF. :::; payments ontheirscheduled due dates. _ __- _-We will.add any money we advance on your behalf to the balance on which we impose 2. COMPUTING INTERESL• We will charge interest on a dai _ basis on the outstanding'-Finance Charges at`the Annual Percentage Rafe..of this Contract-You agree fo.repay:fhe`: balance subject to interest on each day of the loan term, includin any period fo[which a-late money. advanced as we alone'may specify: (i) immediately on demand, or (ii) along with;your charge is also imposed. The daily interest rate is equal to the An ual Percentage Rate divided monthly payments. If we choose to allow you to repay the money advanced along withyouur; by the number of days in that calendar year. Buyer agrees that b cause interest is calculated monthly payments, we can choose the amount of these payments and how,long you 6aireao on a daily basis, late payments will result in additional intere t (and, if applicable, a late repay. If any of our rights stated in this paragraph are not permitted by law; ive still have fbe ` charge). Early payments will result in less irderest being charged. Early and/or late payments other rights mentioned. Our payments on you"r behalf will not cure your failure to perform; will cause the amount of the final payment to change. 3. LATE CHARGE: Buyer agrees to pay a late charge for any p ~ your promises in this Contract ~ ~: yment not made withiri 10 12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner or any one; days after its due date. The late charge will be 2% per month o payment We will consider any part of a month in excess of 10 , the unpaid amount of the of them. You will be in "Default" of the Contract if any one or more of the following things' ays to be a full month =The ~ - ' late charge will be due when earned. No late charge will tie payment is late is because, after default the entire outstanding ..happen: due if the reasoh ttiat`tfie - `- - ~ °'° "-" =` balance on this Contract is a. You do not make any payment an or before it is due; or , due. No late charge'will be due if the only reason that the payme t is late. is because of.a-late b. You do not keep any promise you made in this Contract; or ,, c. You do not keep any promise you made in another Contract Note Loan or.Agreemenf~ : charge assessed on an earlier payment. 4. APPLICATION OF PAYMENTS: We will a I pp y payments in th fi ' : , - with Seller or Assignee; or --- -- -- ~~_ _: ; following order of priority: d. You made any untrue statement in the credit application for this Contract; or ; ' rst to interest; and then to late charges, fees; principal and an the order that we choose. _ _ ". other amounts you owe in - - - - - e. You committed any forgery in corinection with this Contract; or - - - - 5. PREPAYMENT: You may prepay, in full or in part, the amount - - ~ - f You die, are convicted of a crime involvin fraud,or dishone wed on this Contract at any g sty, or are found by a court;. :. , with jurisdiction to do so to be incapacitated; ar °- = time wit out Pena ty. If you prepay the Contract in part, you regularly scheduled payments until you pay all amounts due u _ gree to continue to make -- der this Coritract'This will - : ".g. You file .bankruptcy- or insolvency proceedings,. or anyone files bankruptcy or ~educethe number of payments you will make.' _ _ ;insolvency proceedings against you; or ., ` ~ 6. WAIVERS. h: You take tfie Vehicle outside the United States or Canada wittio'ut our written consent~ or r a. WAIVER BY-SELLER AND ASSIGNEE: We and Assignee aive the.<right-to treat any_:_ ~: i.. You. use the Vehicle or allow someone else to use it_ in a way that causes it not fo be_ ~ ' ` - property as, securityforahe repayment of this Contract, except fo ~ " " `` ''' "- ` " " `'' the Vehicle and the other covered by your insurance; or security specifically mentioned in this Contract j. You do something that causes the Vehicle to be subject to confiscation by government b. WAIVERS BY BUYER, .CO-SIGNER AND CO-OWNER: You ag a to make all payments on ^; - authorities; or, ~, or before they are due without our-having to ask. If you, don't, a may enforce our rights _ k ,The Vehjcle-is lost, stoleh, destroyed or dama"ged beyond ecoriomica) repair and not without notifying you in advance. You give up arty right you m y have to require that we fixed orfound withina reasonable time; or enforce our rights against some other"person ar property before w enforce our fights against -; I. Another creditor tries to take the Vehicle or yourmoney on deposit with Assignee by you. You agree that we maygive up our rights against some other erson but not against you., , legal process.:. r ;; _y You waive due diligence.in collection;and all defenses based on su etyship and impairment of __ 13.OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT If you are in Default,pf this collateral arsecurity.. ~ .- - : Contract, we;may enforce our rights according to law. We may also do theahings specifically 7, INTEREST,AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this mentioned in this Contract We may do one of these things and at the same time or later do Contract shall continue to:accrLe'on the unpaid balance :until. paid ' in full,;,even after,matunty :.another.-Some of the.thjngs we may do are the following and/or after we get a judgment against you for the amounts due. ~ _ This will apply even-if the -° a. ACCELERATION: We-can~demand that youpay to us the entire-unpaid balance owing- maturity occurs because of acceleration. If at any time intere t as provided for in this an the Contract and all unpaid Finance Charges and other money due. You agree thatyou :will paragraph is not permitted by law, interest shall accrue at th , highest rate allowed by pay this money to us in one single. payment immediately upon receiving our demand a licable law be innin at that time. 8 S A "~ ~ " 6 b O - ~ l l r 'b d YOUR PROMI ES BOUT OUR SECURITY gNTEREST: You wi P y ; : I no t. erpiyan oneg ther this ourselves, have: a guafified per on do it for us, or haye ,a ~ overnment official b re levi R a e e m e o ) than us to obtain a secun interest br-other n tits m the Vehicle. necessary for us to obtain and maintain our security interest m tfi , . You wdl a all fibn fees y p p Y do it fo us Y,ou gree that w can pea eably co e on t ouf o ert t do th s. We ma Vehicle>You Will assist us 'take any other things found In the Vehicle, but will return these'things.to you if you ask ~lf'you in having our security interest noted on the Certificate of'Title to or give away the Vehicle. If someone puts a lien: on the Vehicle you a Vehicle. You will not sell want these th!ngs.'back;you may reclaim them- within thirty_(30J days of our mailing ybu`a will pay the obligationand - n , ; clearthe lien . -j Notice of Repossessio . If you do not reclaim the things found in the VeMcle~wi{hm that#ime . 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Ve ; -; we may dispose of those things in the same manneras the-motor vehicle. You agree"that we icle in good condition and repair. You will pay all taxes and charges on the Vehicle. You will' the Vehicle: You will not abuse the Vehicle or permit anything to be ,. .may use your license plates in repossessingthe Vehicle and taking it;to a puce forstorage . -. ay all costs of maintaining ~ ' c- VOLUNTARY DELIVERY: We can ask you to give `us the Vehicle at.a reasonably done to the Vehicle which will reduce its value, other than far normal wear and use. You illegal purposes odor hire or lease. You will not move the Vehicle fr ,convenient place. You agree to give us the Vehicle if we ask. II not use the Vehicle for m your address shown on ~ ~ d. DELAY IN ENFORCEMENT: We 'can delay enforcing our rights under this Contract ~ " the front of this Contracf to a new permanent place of garagin advance: ~ without notifying.us m withoutlosing ariy rights. ~~ :. =14. SOME, THINGS .YOU SHOULD KNOW IF WE REP05SESS THE VEHICLE: If we repossess 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Ve theft and collision until all sums due us are paid in full. The ins icle insured agajnst:fire, .;w!thout using a government official (by replevin): ~ ` rance coverage must be a: NOTICE: We will send you a Notice of Repossession to your last address we'kribw about: satisfactory to us and pro#ect your interests and our interests at th time of any insured loss. .This Notice will tell you, how to buy back (redeem) the Vehicle. You will NOT have the right to The insurance must name us as "loss-payee" on the policy. The ins rance must be written by reinstate the Contract This means you will have to pay the total balance on the Contract and an insurance company qualified to do business in Pennsylvania and licensed to sell instiiance other amounts due. You may not get the Vehicle back by paying delinquent installments: This m.the-state where the Vehicle is permanently garaged. The insuran a policy must provide us •:%Notice will tell yoaother information required by law. ; with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On b. REDEMPTION:. You have the right to buy back (redeem) the Vehicle within 15 days of request, you shall deliver the policy or other evidence of insuran a coverage to us. In the the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the event of the loss or damage to the Vehicle, you will immediately no ` fy us in writing and. file a Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is proof of loss with the insurer. - -- -reasonably possible, but in not more than ten (10) business days of our receipt of the funds a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of a y loss or damage to the required. If you do not redeem, you give up all claim to the Vehicle. Vehicle, if you fail or refuse to file a claim or proof of loss with the ' insurance company, you c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be agree that the Seller, Assignee, any subsequent assignee, or any. a of them ("we") may file a proof of loss_with the insurance company, hiirized employee of any ::.used to pay costs and expenses you owe, and then to pay the amount you owe oq the in your name and acbng ;;Contract as your agent, with respect to the insured claim. You agree that yo and will not revoke the power you have given us to file a proof of to do not have the right to d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is s You agree that we may ' exercise this power for our benefit and riot for your benefit, ex . not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what ept as provided in this -.-is still owed to us •_ :; Contract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree . _ _ ~ e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for hat the Seller Assignee any subsequent assignee, or an authorized employee of any of them , , sale and selling the Vehicle as may be allowed bylaw. These costs will only be due if. , ("we") may endorse your name, acting as your agent, to any check, draft or other instrument an insured loss or return of insurance premiums. You agree that yo 1. Default exceeds fifteen (15) days at the time of repossession; a receive in payment of _ ! Z. The amount of costs are actual, necessary and reasonable; and do "not have the right to and will not revoke the power you:have given us to make your end 3. We can prove the costs were paid. rsement. You agree that ` , we may exercise this power for our benefit and not for your benefit, Contract and by law. 15. HEIRS AND PERSOTVAL REPRESENTATIVES BOUND: After your death, this Contract shall xcept as provided in this .be enforceable a y p p y gainst our heirs and ersonal re resentatives of our estate. c. USE OF PROCEEDS: We may apply any insurance proceed we receive to repair or 16..GOVERNINGLAW: This Contract is to be interpreted according to the law of-Pennsylvania:' replace the Vehicle if, in our opinion; it is economically feasible. not then m 17. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become rid you are default of this Contract Otherwise, we will_apply the insurance proce - . ds to reduce the unpaid :illegal, void or unenforceable, that part shall not be a part of this Contract - - - balance due us. After the balance.due us is paid, any excess will belo g to you. 18.,ASSIGNMENT BY BUYER: Buyer shall nofassign this Contract " ~~ 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT TH SECURITY INTEREST, 19: THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED; INCLUDfNG THE VEHICLE OR INSURANCE: If you fail to keep your promises to pay , ding fees, taxes liens or WARRANTIES OF MERCHANTABILITY AND fITNESS FOR A PARTICULAR PURPOSE; the costs necessary to keep the Vehicle in good condition and repo , r, we may advance any UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER money you promised to pay. if you fail to keep your promises abou required insurance, we ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF reyuesi, yuu suao- ueuvei vie Nuucy w uum~ GVIUEIII.C VI uuu au~c ~upciagc w-ua. ~ , c - -- event of tfielos5 or damage td the Vehicle, you will immediately notify us in writing and file a Vehicle, we. will deliver the Vehicle to you at a place as. provided by aaw, as soon as ~s proof of loss with the insurer. - -- - -- -reasonatrly possible, but in not more than ten (10) business days of our-recejptaf the funds ' a. OUR RIGHT TO FILE PROOF OF LOSS: In the event o any loss or damage to the required. If you do not redeem, you give up all claim to the Vehicle. Vefiicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you G SALE: If you don't redeem, we will sell the Vehicle. The money received at sale vill be agree that the Seller, Assignee, any subsequent assignee, or an authorized employee of any- ;.;::used to pay costs and expenses you owe, and then to pay the amo_urit you owe on; the of them ("we") may file a proof of loss. with the insurance comp ny, in your name and acting :Contract ' as your agent, with respect to the insured claim. You agree tha you do not have the right to d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer If there is and will not revoke the power you have given us to file a proof o lass. You agree that we may not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what exercise this power for our benefit and not far your benefit except as provided in this- is still owed to us. - - - - -- - Contractand by law. - e. IXPENSES: You agree to pay the costs of repossessing, storing, repairing,.p~eparing for b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You a ee that the Seller, Assignee, sale and selling the Vehicle as may be allowed by law. These costs will only be due if:!:`~ :, any subsequent assignee, or an authorized employee of any of em ("wed may endorse your 1. Default exceeds fifteen (15) days at the time of repossession; name, acting as your agent, to any check, draft or other instrum nt we receive m payment of ==- 2. The amount of costs are actual, necessary and reasonable; and -- an insured loss or return of insurance premiums. You agree tha you do not have the right to 3. We can prove the costs were paid. and will not revoke the power you .have given us to make your ndorsement You agree that 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall we may exercise this power for our benefit and not for your ben it, except as provided in this be enforceable against your heirs and personal representatives of your estate. Contract and by law. c. USE OF PROCEEDS: We may apply any insurance proc eds we receive to repair or 16. GOVERN ING IAW: This Contract is to be interpreted according to the 19w of Pennsylvania.' replace the Vehicle if, in our opinion; it is eco[lomically feasi le and you are__not then m _ ,17. SEVERABILITY OF, PROVISIONS: If for any reason any part of this_Contract shall become default of this Contract Otherwise, we will apply the insurance p oceeds to reduce the,unpaid ; :dlegal, void or unenforceable, that part shall not be a part of this Contract - ,. 18.,ASSIGNMENT BY BUYER: Bu er shall oof assign this Contract ~ ~ "'- balance due us. After the balance.due us is paid, any excess will elong to you. Y 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT HE SECURITY INTEREST, .' 19..THERE ARE NO WARRANTIES_BY SELLER, EXPRESSED OR'IMPLIED, INCLUDING THE VEHICLE OR INSURANCE: If you fail to keep your promises to ay filing fees, fazes, liens or WARRANTIES OF MERCHANTABILITY AND fITNESS FOR A PARTICULAR` PURPOSE; the costs necessary to keep the Vehicle in good condition and epair, we may advance any UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS HEELER money you promised to pay. If you fail to keep your promises bout required insurance, we ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF may advance money to obtain insurance to cover loss or damag to the Vehicle. We have the THIS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the face of.this Contract has a Buyer's Guide Nlindow Sticker required by the Federal Trade Commission Used Car Trade Regulation Rule the following nonce applies: ~: The information you -see on the windo form. for this Vehicle is part of this Contract. Information on the window form overndes:~any contrary provisions in the contract.of s fe. NOTICE-ANY HOLDER OF THIS- CONSUMER C EDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF:.RECOVERY HEREUNDER BY THE DEBTOR SHALL N.OT EXCEE AMOUNTS PAID BY,:THE DEBTOR HEREUNDER. - - - - . NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) of this Contract hereby take(s) notice that Gro p Credit Life Insurance coverage ar Group Credit Accident acid Disability Insurance coverage will be applicable to~this" Contract if so marked on the front of this Contract, and each such type of cnverage will be;virjtten try the insurance company named. This insurance, subject to acceptance by'the insurer, covers only the person or persons signing the reque t for such~insuraiice: 7he~amount of charge is indicated 'for each Type of Credit Insurance to be purchased. The terrii;of insurance will commence as of the date the indebtedness.is i curved and will expire on fhe original scheduled. maturity date of the indebtedness. Subject to acceptance by,the insurer;' - and within 30 days, these will be delivered tothe insured de tors) a ceifificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges wiA be made when due. AANCONSUMER roRM PA23•SLCfAev.3/o3) NOTICE: SEE OTHER~SIDE FOR IMPORTANT INFORMATION. ,. .,.. .. . i:. . . ,~.,. s .... . VERIFICATION (~oser~aYU ~lun~tc.n _~flf7 CIO ~' ~~c.~ i -~~ the statements made in the knowledge, information and are made subject to the pei hereby states that he/she is the ~IQ.~Qae(~ ~ACLt ~J of '~ ,Plaintiff in this action, and verifies that attached Complaint are true and correct to the best of his/her belief. The undersigned understands that the statements herein ~alties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. ~ ~ .~ N D ~,, ~ ~ ~~ ~ ~ 'V j 3.,{ ~~.~: ^"'-~ v .~ .i S 1~ ^~~ .. • j:? I .J.~ ... w..y ^~ SHERIFF'S RETURN - REGULAR ~,., ''~ CASE NO: 2007-04010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONDOR CAPITAL CORP vs ANDERSON RODNEY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANDERSON RODNEY the DEFENDANT at 1755:00 HOURS, on the 5th day of July 2007 at 668 STATE STREET LEMOYNE, PA 17043 by handing to SHARON ANDERSON, WIFE 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 Service Affidavit Surcharge Ss~~ 3In9 So Answers: 18.0 0 15.36 ~ ~~ ~~ 10.00 R. Thomas Kline .00 43.36 07/06/2007 AMATO & ASSOCIATES Sworn and Subscibed to before me this of By: day Deputy Sh iff A.D. SHERIFF'S RETURN - REGULAR ~~ ~ ~ CASE N0: 2007-04010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONDOR CAPITAL CORP VS ANDERSON RODNEY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANDERSON SHARON the DEFENDANT at 1755:00 HOURS, on the 5th day of July 2007 at 668 STATE STREET LEMOYNE, PA 17043 SHARON ANDERSON a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ~ji~(n~ ~..- ,/ 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/06/2007 AMATO & ASSOCIATES By: Deputy She f A.D. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff No. 07-4010 Civil Vs. RODNEY ANDERSON and SHARON ANDERSON : CIVIL ACTION Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 0 -c Please discontinue the above-captioned case WITHOUT prejudice. AMATO AND ASSOCIATES, P.C. By: . k ? k l - Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM c 287aa3 29