HomeMy WebLinkAbout07-6112IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CACV of Colorado, LLC
VS
KAREN HERB
NO: D7 - (ou.1 Nit (er m
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set fourth in the following
pages, you must take action within (20) days after the Complaint and notice are served, by
entering a written appearance personally or by an attorney and filing in writing with the Court
you defenses or objections to the claims set fourth 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 of any money claims or any other claim or relief requested by the
Plantiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399/(215)428-0666
Attorney for Plaintiff
CACV of Colorado, LLC
37017th STREET
SUITE 5000
DENVER, CO 80202
Plaintiff,
Vs.
KAREN HERB
5221ST STREET
CARLISLE, PA 17013
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: D7- 61//Z Cux.C -.emu
COMPLAINT
To: KAREN HERB
5221ST STREET
CARLISLE, PA 17013
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served. By entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and the court without further notice
may enter a judgment against you for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fE!cha de
la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
Plaintiff, CACV of Colorado, LLC, by its attorney Harrison Ross Byck, by way of complaint
against defendant(s) KAREN HERB, avers the following:
1. Plaintiff, CACV of Colorado, LLC, is a Colorado limited liability company doing
business at 37017th Street, Suite 5000, Denver, Colorado 80202.
2. Defendants, KAREN HERB, is an individual residing at 5221sT STREET;
CARLISLE, PA 17013.
3. On JULY 30, 2001, the defendants borrowed a sum of money from Household
Automotive Finance Corporation with which to purchase a 2000 HONDA
TRUCK VIN # JHLRD1843YC012908 promising to pay said borrowed sum back
at regular payments and interest. Defendant is now in default of this loan in the
amount of $ 8,969.41. <Exhibit A>
4. On or about JANUARY 5, 2004, Household Automotive Finance Corporation sold
the debt for good and valuable consideration to plaintiff, CACV of Colorado,
LLC. <Exhibit B>
5. Defendant (s) KAREN HERB, last tendered a payment on this account on or about
SEPTEMBER 8, 2003 for $ 515.00.
6. A copy of the Retail Installment Contract is attached hereto <Exhibit C>
7. Plaintiff is entitled to charge-off account finance charges of $ -0-. <Exhibit A>
8. Plaintiff is entitled to pre-litigation charge-off interest of $4.17 per day from the
default date (16.95% annual percentage rate x $ 8,969.41 / 365 days) or $ 4.17 x
600 days = $ 2,499.15; which is accrued interest through the date of filing, plus an
award of late fees of $ -0-, plus court costs and reasonable attorneys fees. <Exhibit
A>
9. The defendant, being indebted to the plaintiff in the sum or $11,468.56, upon the
account stated by and between them did promise to pay said sums upon
demand. Demand has been made for payment of $11,468.56 and the defendant
has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $11,468.56, together
with other interest, costs of suit, and an award of reasonable atbrney's fees.
Date: October 10, 2007
EXHIBIT A
PA 23•SLC IRev.4/00) SIMPLE INTEREST
PENNSYLVANIA
MOTOR VEHICLE INSTALLIENTSALE CONTRACT, Dated
ANNUAL ?m m+fINANCE Amount Fnaoced Total of Payments Total Sale Price
PWOKCA :RATE CHARC E the amount of aedN provided TManomlyoe wil have 011.4 after you The total cost at your piltduase oa
it -
Tciedit as Me dollar amount the to you or an your behaR, love made all schedtdad psymenb. credit Wi dinggeAdawnio ymerd
credit will cost you. dl S
L6.95 12967.90 21224.18 34192.08 34192.013
% f 3 f $
roar PAymed Schreuk HR ton: . Fecartly: You Are giving a security interest in Ina motor vehicle being
prrtheaed
No. of PIy Rr-aart a 4 y WAan hyreetts Are ON
F Monthly, PeaD+ymeat If you pay aH early. you soil rot have to paY+ penally,
ce,
F Mail far. $
late Cherie: N a payment , late, you wil: be charged 2% of 0 portion of tae paynmrd which is 41n lot adl moalk at part of a r ionlh greater Ulan 10 itst%that it romans unpaid.
Sir balw and any other Conl acl doeu n s for any additional into Initial about nonpayment dj4A any required iopatmenl in fall before the scheduled date and preflarrrow"
reloads and penalties. ' e mans esartrele
O ETYDURNEWTCT
U NOT
TIONS
in thisconlractiECOND CHANCE CREDIT CENTER 6110 CARLISLE PIKE NECHANKSBURG PA 17
YaYOU i MAY LOSE THE sgTOR
S
we are
we ,
,
ANO PROPERTY THAT YOU
VEHICLL
SELLER
Address Zip Code
N A
BOUGHT WITH THIS CONTRACT. A-WOR
arle SITWI
SS
KAREN M HERB 247 E ST CARLISLE PA 17013
You Ire .A
Iliad Wad ad In bow
$nap Sft alb am
110 In ". Ali
the BUYER(S). *do= him been minle by Utter. Wet
Name(s) Address(es) lipCodel+l Wookbu*tili%Cwdudb#nAadgae
It there It more than one Buyer, each promises. separately and together, to ply all sups due assail to perFora aU Agra mortis in lifts Contract temint o l of Amount nineed
cash Price 184eG. 17
TRADE-IN'
You have traded in . Cash pp rnpataent N/A
the lolowgrg vehichi
Yea and Make pacripllen S
It a feline is sag owing on the vehicle your have traded in, [be Sella will pay on thes amount an your behall. You warrant rod mpraset to es that fradean
anv kadt-is is free from lien, d*k escumbrace arsenrift Mhrat eecapt national M the RembAeen elAratFBunad At the'lke PaaptV Value at 7rsde4a MIA
fRDPY111TiYRAIGE: TOM mat CT=M To Ir M wMNP MM wM>watbe ¦ aartno agalrlil MI er UMIUM W us vanene erw aparAt
Va I-4EY iyarising ould -see er OwmJShiP d the Vehicle. In Ihia tbtract you are iaomsir i b iaaure the Yahkh and tMD N iawrad,
CREDIT INSURANCE IS NOT REQUIRED: Credit LED Intention and Credil Amidad E IAMIh {DWhiGly) Iauninca are fall required b Obtain
crediL and will not be prcvided unless you sign below and wee to pay the additional cost(sl. Please raid IM NOTICE OF PROP WO CREDIT
INSURANCE on the reverse side. Your insurance « rfibtatt or poky will tell you the MAXIMO amount of insurance evalaw. AR insaram
Duryhased will be Igr the term of the credit
BY Signing, YOU Wool Singh dRII&fe Irsurantt, what is your .? 9;1 Sigdne, you select Smgk Crodl llccidenllll/A What is rose
which costs F srtef --veal is kith I nuermce, which costs l -. APT _,._Nws
Signature of Buyer to be insumfor SinglrCredit UhInsurance ISignanofbryaba>fInsured larSft GlwAttidenliPew lftrsnce
By usning.roubothload Jdiv N/A Whittle ? eyivk',tealtvbsdKtJcirtredk N/NlretNe hroatags
Credit UreInsurance. wmchwsF Y+arstGT Accident INabinsurMWhich CMbI Youragtd pops
Insured
' S
UenhyoNb: ,uTeA '
Unpaid Css11
to credit Insurance Company
MIA
.? ToPubC:0lficialsfor
T License, fags AndRegishlion
F 70.00
Lien Fof
1. 11. ,___% I'a ITo
2. 1 VVY rGG
Signatures of pith auyrs tube insured ter )Nd Credit ti le IrNrranbt g0atttrts d loll aural Is a imoed (in Jaw to 55.00
Geft Arcident B Hot tauranct
o To
)psue? = N/A -
VEHICLE: You hire aeriel to fou,chase, under Ike harms of this Contract, Ue fa00talPg motor ve*lt and its Dalrk equiowt which Is called C 10
! 144.01
the'Vehide• in this Contrhet• 1i
= ' Yaatalldtliiu SRJiss fiRdltSilk , bill. 011. TaehID CM111111 Senetfin* AmountFbaeced
USED SW - 4 JHLRD I B43VC01 914 C1224.16
2000 HONDA CA-V LX - '
Eduilyped -AN-FM Skre), -5504. Ottxr
ASSIGNEE: We may assign this Ceatract and Security Agreement b a sales finance tympany which is The "Assignei N ties Up"Issips
the Comrect to a subsequent Issip", the tUat Yoe refers to such awbsaqueat issipte. Albtr the astiplmert all rights and benefits of the
Seger in Hills Contract and In the Security Agreement Vail eeleng to ad be Mforcabk Dy the, "Ame. Toe Aostpet wit oplify you who
and if Selkrakesanass r tE LD AUTOMOTIVE FINANCE Y J -
PO BUX 17902
SAN DIEGO CA 92177
0-111cREN: Any person signing the Co-Fagners Agreement tselove psomisas setarstety bad 1ol"her wish all Co-Sipte(s) ad Bayrlsl, to par
an sums due and to perform an agreements in this Contract CW-Sipar win not be in Owen of tare Vehicle.
CO.OWN(R: Any person siinirg the Co-Owner's Security Agraement be ow gives us a snowily interest in the VoWe and isms separately not
taaether with as Co-0wnsrts) lad Buyer(s), to perform all air-s menus in :he Secwily Afresiml and at other poets of this Contcacl e+tcepl the
•Promne to Pay' ieckbn. '
TERMS: The terms sliDwn in the boxes above are port of this Gortnct
PROMISE to PAY: Tau agree to pay m IN filet Seek Price for Nor Ye tic by making the Cash SECURITY 4ORELUNT: to secure th t syman
0omnpaymtat and asitri%the f rode4n. A station above, on IN patine the date of lhie Centaet ad raga d ohlr4aYwa undo this Corutr Yw t
paying us the Amaad %iornud plus interest You DrerNee Is make parminls it Agwolance with tin P+ V d leea?R y ?ed t 14. Yob
Payment SCWLdL Yau Promise II Mahe pawrleni! on d befog Una sane day d UM Tearer fie the ender has W Instal ass i mil any aT1h
Fast p7road dun data You attle in pay ill aMr anleurrh veliaanr tlscouee due undr the lama Io W++any ramneY w" is now or may in;
of this Coatget. You agree le oar the Seder or Assignees cash of imiL You also agree it pay a see M set vnthout a prior %oce b
reAsauhle alAm# lea if Sklar or Auipme ones an attorney he c*W mounts des andr fills i eiTiq
(tonVoct at to pre tact Of gd oossmion of the Vetdde You Agra k snare p mmh A Ike Pha ob SIDE. YOU ARE OBLIGATED TO ALL THE TERMS
send pato mis In the address wmi b she A34AN malt retmty IP+e4e2 in the wvigtn AWA Ice Flu. FRONT AND REVERSE SIDES.
F'raap Ctarp
12967.90
Total o1 Payments (Time Wance)
$ 34192.08 -
raymat eooedeia . Ya agree to ply
to ua the AIIe:Md inn Wed phis hdraest in
-71 . ..
Poym rah eft 474, 89
each, and a flail payment of
F '474. 89 . Yno first
Payment will a due m SEP 13!
2001 . and then pa) nests
wil be due on that same day at each moans
.billowing ? '
of all sans due end the tpma of au
va a locality i*Ttst in the Veblicce in all
le At any later !IOM. and In any proteedt of
Islpme may sefeN any smoenh die and
Ar money an daapoosk with Assrgmea This
tature be depoYTed with AseEgna by you.
By signing below, we atrat to sell the Vehicle to you under the lawns of Lois Cenlract. NOTICE TO BUYER-00 NOT SIGN THIS CONTR
ENTITLED 0 AN EXACT COPY OF THE CONTRA(
.. PROTE T U LEGAL RIGHTS. ?1
SECOND CHANCE CREDIT CENTER _ A Oft Ili _Ct'to.._r! _.... 07/30/200L
iRAOE•II: IAin l0.G JP?VY..?
.
Yom hue Ulm In CuhDownpaymeal N/A
the folowhag vehicle;
Ytarand4akt pautption IF
If It Mahn Ise lssill owing on the militia, you bas traded i4 the Soper WIN pay ON this ap atumi Ma yap batu f, You Warr: et and reprosanl to us that
, Tri le-ta
day trade•iahIsahm ilea4dabs.exambgncow uWtyifin*4attept tlrAaant is [be INWIetka*A,--d Finaneste a1411-0
1
P4% Value of rrade•Ir, N/A
.
;
PAOPEITY 1RSUTARCE: You racy chose the person Inroao when Insurance is eed aplmt be Car daaaaee b the Ye tit d to . I
OabBiy Mhktl out ill use or am" d the Vehicle In thh Cutrut you are plpei>inl b kBllra we Ydkie and'lap itinaned U em Pays" to :
CIENT LIKI)RANCE IS 11111 REQVIREW Cud Lk limenstA and Credit AtM,uu L Heseh {pmmft) I+adattee Art net lowled 10 ebtAln .
Please read the NOTICE OF PROPOSED CREDIT
ddiff
l
h 1
ma
tom.
e e
credit and wIR act be provided unless you sill tml w aM apt to pay t
INSURANCE on the reverse side: Year maul" corlifieale or policy WAN kit you the MAXIMUM Amount of insurance available. NI insunutce ' Uepaid Cast,%iy*lagq
pat ssmid viw be for Re !rte ate txedit S
By edgtUn& you 1e11e1 Slagle (11 G Inew,act, MUst is your ey signuat you feleet Sksgie CmM Amfdeatll/A WWI is year To Credit IAsuranee Company
Yext
whkkcodst age? Kalb intursoce:which em agel-Years $ ; N/A
_„_ s To Public Dfliciass for:
SlgrglamaldVYafleb?lnwreolerSbgleCradR1><sirgaraso SlgttNUteOfluystsleLured aorSindeCase kdGnl6HWlhlimit* License, Tags and Registration
0
7
ouhigh toolost (re01t
tkt
B
sl
i
k 0.0
=
By disting,you both select joint N/A What art
CredRLife Imiuranct,which coal S yaw agar gy
y
p
N/gT
e
m Pereemsge
Accident AMouth Imomern which am01 yeutiew lobe ? ienFee
, 5.00
. $ g 1300.00
g,
_ 2 s ? To
d for Jofet Cretin elk tnmwaea
Slgneharea Of loth Buyers% be ivw Noissi nes of bopt Buyma to b"surtd W Joist
dA kdaeR i Fkayla bnaranes
G S 33.00
e Te-
If>s ..r at t N/A
Its
YEINCLE: You has agreed t, parckera, under the lamas of Ibis Contract No following motor vdtete and its exfis egmgaent Which 4 called £ to
the Nobidl' in this CohltaOL 1194.01
d111 Yeulmillak kdu 9P4YL& . IILfYlt IwLkIPdCAAlAAI 211fiNuft Amount Financed
115F.D SW -4 J4LRD1B43YC01 9%q 21224.18
2000 HONDA CR-o LX Finance Cha,to
SSpd
Othar
AM-FIRS1eno
P3
I
I
k1 L 12967.90
_
•
._
. -
Epu
W
_
YYa
l fo
t T
AM
Fl Total of Payments Pima Balance)
y
p
ape
-
i
with At PW 34192
08
oracle a the 'A SWKL' It the Assignee assigns
finance com
an
a mak
A
d t
S
dt .
S
p
y
e
gfeeing
o
av
y
ASSIGNEE Wooly Aselpa Iris COMM and
After the Assignment ale rights and benebts of flit
the term also relmrs to W sulaequenl aaigni
i
f
t
l Payment schedule • you agree to pay
,
.
l
the wbmaquea
ama
lnt
the Domtm
_ Seller-H Ibis Contract and in-that Setudly Alreamed"bobtag bard be entores" by thl.ASsigeee. The ANSI to will Witty you when to us the Aiwuin f inen_ed pivi interest in
and'g SeINrTnakea'an ap?D Al1TCMO7 TiFE TIJANCE 71
PC BDx 17902: 03 ennents01> 474,89
SAN DIEGO CA 92177 each, end a final psyetat at
CO-EWER: Any person signing the Wipeh Agatemead below promises sapualdy and together WAb al )signer(s) and Buyer)el, to pay g 474.09 The first
adsion; doe end to pptorm ad tigaeen enta In 1111111091111101. Co-Mgrur still got he am Onewrof 14 vehicle, wymnnt will be due Ire SEP 13t
C040MEtt: Any pareen si=ting, the Ca-0wtltl s liectadly Aginum below lives as t secorlly fnkresl m the Velikk ad agrees stparmaety tad 208) and then payments
bgethe' with All CD4Mri4 IM NeyerW, b petfDM etl Agreeraerds in the Security Apcemet and all other puts of dais Cwhd except the
Tvongise is Pay' Sediot ail be due on that same day of each month
1ERMS: The Imes slmwn In the Doses Above Are part of tkLt tontract. . folb.ring. .
PROYIst to PAY: You egret Its py us fee 14W Sale nice kr the vehicle by maths the Cask gDCUAmI EEREITT: To teeute Me syment
atkns under this CeetrM you gW
nd rpolrad r
t
l
i
C
• of IN soma due and she Ceeformance of ale
e a seeur,ty I,terest In The VchlcM, in an
?
el a
en
th
s
OorrrnpynelKanda?e?ggnlyyggUrirade•in,Ishown abwkonorbeloreIkedska
anenh in amdaMe wilato s amore I attadred to the vtmd
teshe to male pa
is i
t
rest YOU
&
t
Fl
d
e
h e st a nY later ;ime, and in any proceeds of
y
n
e
p
Mo
nanee
p
e as t
e
ppaeyy
Pay+Mmd Stied ale yell promise to mate payments oll N txlpt the an day of marls me* mallet Yelide, including buurance proceeds. The A
tontracl
1131151 of
Ion
agy
untie i ssignee may sat•a'I any amounts due and
. This
s money on cope
A
n
oway
n
lle
rotpayroeastdwdalLYOUoptIFpaydOther mauabwhkhma become due and Art Misms 1
may rodeo eM recite whkb it seW or mry In the
lt Yet also A
e s
oots of C
ree is pay
e
o
Asil
i
M S gnee b
d with
future be depas(te with Assignee by you.
u
g
e
n
r
p
t
t th
s Ottaraa You apes b pay I
Assirace tILL do *Rho ut e prior make b
t
resserntte alhrleyt teed it War to Asstoest Nlma in almrssy b s9gu ascents due uldlf tltb 001719MAI TERMS D CONDI C
i
t
t L
IN N V 5
a NTRACT CO
q
pa
? ?
tip Dowapkn of Veh
OBIGATW T ALL THE ERMS O
tl
A ?
ice As
R F THE CONTRACT WHICH APPEAR ON THE
ro
e
s tW b
1
aA
fROitt AN l
EY
sat qty ae
By signing below, we agree b sell the Vehkk to you Order the ternsd of this Cogtract NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE
ENTITLED J0 AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO
PROTE T, -OUR LEGAL RIGHTS.
SLLIER SECOND CHRNCE CREDIT CENTER if o,
"? ?EKNf 07130/2001
Dace
07/30/200
Br:
to
tsFAu
am
- CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS KEEN GIVEN TO YOU ON A SEPARATE LOCUMENT, BEFORE
SIGNING THE CO•SICNBR'S AGREEMENT.
CO-SIGNERS AGREEMENT. You, the p7son (or persons) signing below as "Co•4igner," promise to pay to us all sums due on this Coi lra_t and to perform ail
=cots in thiA Contract. Yau Lomond so bet lagaRl'bound by all the firms of this Contraq, separately and together, with the Buyer. You asc making this promise to
irdswe us to make this CualrseJ with the Buyer, even though we will use the proceeds only for the Buyer's befit. You agree ua pay c%cn though we may not have
mode any prior demand for payment on the Butter or exercised our security inaereaL You also acknowledge rceciving s completed copy of this Contract.
_ _• (S$AL?
Co-Sig~$ignasarc Address Date
(SEAL) _
Co-Signerl Signature Address ate
CO.OWTIERS SECURITY A GRLEMENT: You, the Peseon aipdng below as "Co•Oaner: together with the Buyer or otherwise befog aI of the Owners of the Vehicle,
sire w a Security intend in at Vehicle idowifted strove. You ayes lobe bound by she terms of the Seettrity Agreemtera Wall dicer pens of this Contract except the
ne wise To, Pay' section. Von are siring us the seeorAy interest to indvoc us to reatte this Cumre d arth the Buyer, v0 to secure the pay men t by the foyer of alt sums due
on this Contract. You will not be responsible for ary deficiency which might be due alter repossession and sale of the V chick.
(SEAL)
Co-Owner's Signature Address ^^ Daae
QF A GCO-OWNER, AS APPLICABLEt ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT
B• BUYER C451GNER - CO-SIGNER OR LO.O•NNER
NOTICE: SEE REVERSE SID': FOR IMPORTANT INFORMATION.
Bede sure Must M St"AC cash. 1/da ?w • 2AA0 9aNC1NSI Mra SERYtft. ao.
1
ORIGINAL
EXHIBIT B
CERTIFICATE OF PURCHASE
1, Kevin Hanks , hereby depose and state that:
1. I am an Authorized Agent of CACV of Colorado, LLC Limited
Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient
personal knowledge to do so regarding:
Customer Name:
Original Creditor:
Karen Herb
Household Automotive Finance
Corp.
Account Number
500000834728
3. On or about January 5, 2004 this account was sold by the original
creditor. CACV of Colorado LLC is the current owner of the account
and purchased the account for good and valuable consideration.
Date: AU' 16 2007
By:
Kevin Hanks
Sworn a d subs bed refore me this day of
2007. T u/v1r i (01
STEPHANIE
Notar Pub c NOTARY PUBLIC
STATE OF COLORADO
My COfT MISSion Expires 05;22;201
My Commission Expires:
VERIFICATION
I, Sevin Tanks
,hereby depose and state that:
The language of the foregoing document is that of counsel and not
necessarily my own; however, I have read the foregoing document and
the factual information contained therein is true and correct to the best of
my personal knowledge.
I am the Authorized Representative and a duly authorized representative
of the plaintiff,
The factual allegations set forth in the foregoing pleading are true and
correct to the best of my knowledge, information and belief, and they are
that Karen Herb owes the balance of $ 8,969.41 of CACV Colorado, LLC
on previously submitted invoices, which balance is due and unpaid as if
the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to
punishment.
I understand that false statements made herein are subject to the penalties
relating to unsworn falsification to authorities.
By: 7 -- Z/"' ?
Kevin arks
Dated: AUG 16 2007
Authorized Representative
EXHIBIT C
rADDITIONAL TERIASIARDCONDITIONS
1. HOW THE TOTAL Of PAYIENTS IS COMPUTED: The Total of Peymerhb is IN am of Ike may advance money to abhin insurance le wre? kiss Bf-daNa! D the Yelitt We live --
Amount Finaec+d and the Finance Chirac. The Firallne Chirp coated sdely of interest choice Of whether of not to advance MY Maras for Iese aoremmet Stith imsnwmcu mill M .
computed daily on ihe outstanding balance at the Amount fmsn6t the Finance Chirp ImRed to in amount not greater than you awe on this Ctaract THE INSURANCE WE
shown on the front side his been computed an the aumnption`1Mt we will rxefw all PUAflIASE MAY BE 51,&II VITLY WRE'EXPENSIYE AND PAOYIDE YOU LESS COVERAGE
payments On their scheduled due doles. 111AR 1=11t?EY01r0000UU?CPP 154 IISEtf.
2. COMPUTING INTEREST: We pU charge interest an a dally Dish an IM ouldtandina We will add in money we ad the bounce, on which we Impost
balance suhiect to loterest on sachday of the ban him. The daily iDbn$t rate W mgesl IP IM Finance Charges at the Autal Fermis trrygad. you agree An repay the
Annual Percentile Rate-clWad by the number of dap in that a"r yea. Burger slats crony sdnwW as we alone Guy speedy: O) &Age i d1wed, or OO Sting with your
that because Werest h nkulaied on a daily basis. late paymeMS wilt result in addlbml mep¶dy payma& II we Choose b albw ywu to make r nay advanced Hong with your
interest (and, it +Dprcatle, F. We charge(. Early payments will resuR in lass iatreat being menahy paymonls we as choesm tx amount ortrr?rjle' symeats arut NOW Nag you have to
charged. Early and/or late pr yments w cause the amount at the limit Daym w IN cho iWe nay, It trry d our rights dated in this Wlagmph are cot faaneilsd by taw, we 93 have the
3. LATE CHANGE: Buyer ag•ees to pay a late charge for a+y paymem. rot,d rrae+ within 10 oda.dahyy mentioned. Out payments.on.your behalf wrl nor eufox our jrlure to perform
days After ila dui ante. •rhi• ale charge Nil be 2% per moth a.IM.anpi amhourd el Bw yWprem11a3 iih.llis C4aratt = - -
payment We will consioer a'y Dart of a month in eatt52 of 10 days he be a lug manta. ThL, 11 DEFAULT: In this paragraph °You'"meats the Buyer, co•Sitper and Ce-Ownan, a any arty
late charge will be due wh_n tarned. Na late emerge will be due of the reasom that the of (Aral. You will be ir• "OelouH" of IRA Contract if any cat or more of the lodowirl WrISS
payment is late 's because, after deladt, flat eaiila oustandng balance on Ott Cawbad is haopanc
due No Late chance will be dux it the only reason that to payment i yhte is because of e felt s. Ymt ds, not male cap paYnem on or before h is t e; or
charge assessed on an at rlier payment It, Yoe do mot Into may prasfas you made in thisfoaract Or
1. APPUCATIM OT PAYMENTS: We will apply psymuti in be following Order d priordr e.. Toe do not keep any promise year made ilk$w es W !WA Nate, Lou at Agreement
first to interest AM then to late CbargeS, lay, principal And GAP Sther amoedS YOU owe in . whin Selef or AWpw; or ' -'
the order that we choose d You made any antrut statemed in the math application lot Ihiscoolrxl' Of
S. PREPAYMENT: You may prepay, in cull at i-I pal the amounlowed an this Caarad A any Hlted any lo lorgany in Maan vdlh 1h1sCO ancl a
lime wfthmx peachy. II you prepay the Cerbaci IN Part yss agree is rehllnue lie mater t. s You You d> cpaaaere convicted anat e mime ]going trash tI or ,
4ldraCt r or are found by s wan
recallaily scheduled
numbo p s unfit you may as amounts due under this Contract The will wMjwisditlkn to do solo beinupkiMed; or
educe the numbti ofpi pafnie ymanit yvu will make, a. You fife bankruptcy or insolvency proceedings, or inyorut files bmkruptcy or
6. WAIVERS.
a. WAIVER BYSELLER ,he NDASSIGNEE: Weand"nee wafiaVehicletgay insolvency IL You prolatecetheedings Vehicle against outsiw you; the sr
LinkedSlatesorCanadawit,oaaurwritencwardta
properly as sacuny, ffor ,he it' F th s Onlracl, accept for tlia hide and the other L Y3u use the Vehicle ar aaoul ;mneone else :a use t in away trail causes it not to he
seCUnly specifically men bme d it tttis'ant•act
b. WAIVERS BY SUITE R. CO-S GNIT AhO•C0.OWNER;.Ycuallu Ionula al.Daymenb on- covered byYOti insurafm of
or before they are due with wt our raving la ask. Y1 you don'C'welmay enkerce our rights' •A-•YouEO somethrithat carats the Vehicle -to be sOjeet to conliuitiaii by gosemeent
wflhout notifying you in ad,ance. You give up any right you may hsi,d to require that we . AuthorAies; or
enfOrce our rights against %-nt otter perswn a property Mgt we a force nor rights against It. The Whicle Is lost stolen, destroyed or damaged beyond economical repair, and not
you. You agree that we may give up our rights agairsl some other pehoo put not Against you. Rsed my food vmhjfl a fNSa"Itime or,
YcV waive due gWiltnte fn collectwn and all detenses bised on suretpsArp and impairment at l% kio0u'r ctaddai Ines to tike the Vehicle of ysa:-,Z. on depas 'alh Assranee by
collateral or security. lWl process.
7, INTEREST AFTER MATURITY AND JUDGMENT: Imlerest at the rate provided in this 13. OW BONES IF YOU ARE IN DEFAULT Of THIS CONTRACT: If you are in D+bh.ll of this
Costracl atgll continue to secrue on the unpaid balance until Said i0oll. no Ow awturly Contras. we may oa0rcs our dolts according M law. We may ohs do the things specifically
and/or after we alt a judgment against you fa the swuds Out To will apply awn R be motor ad In Ihr Contract Ws may do one d No things led at the same Inge or later de
maturity occurs hecaus+•oll acceleralton. II at any time Uderesl as provided for In this anoOer.Sense of the0hicipwemydoAmtMlblovim
paragraph h nor permitied by feet, Interns shill Keyut At IM WOOL rate a?Owtd by a. At?LERATION: We nil demand root you p?y w to wells unpaW tat rxearing
applicable law beginning at that dote. II on US Culrod and all unpad Finance Chmraes god Other money Out You apes chit you will
& YOUI PROMISES ABOUT OUR SECURITY INTEREST! You wR nil permit anyone ether paytiseNnsylovsinOnesingle Wyrminlimmmdulolyupon aurvhngoardemand.
than us to obtillm a Murky imlerest or after lights In the Vesicle. You we par so 94 fees It REPOSSESSIOR: We can rapperads the Vehicle, agents proh4Red by law. We chn do
necessary lot us to obUin and maintain our security labeled in Ora Vie Ck. You will Satan as ease onrselM late a quiEW person do R for us, or have a Ir>vee+mem ofAdal k ll*in4
in having our security interest rated on the CertWcst , of Tithe to the VehrCle. You will ad sell do I Sir as you tame that mo can peseegblr coma on to your property to do Vat. We may
or tie awmy the vt*le. If s,mrone puts a ien on the Vehicle, yse wN Tay the obligation and take any atller lidAgl lound i+ theVehcb, but will returm these Things to you R you ask 110
clear the lien. I wanttbeae Wags back, Yoh Wee to ask a in a kOat test to us by cerbled mat within 21
9. Your PROMISES New THE vEHICIE: You wan seep the Yehck in Rase C*ndkian and houm lf you do not sendus the kMtr, yoo Qwe up orry datot to these things You agree that
repair. You wit pay sit Uns and chatges on the Vehl* Yoe v,-I piytell cods of maWabinit W Use your IWIAx p i 0 ra cosessing IRS 9 am last in to a place tear SIMI&
the Vehicle. You will nol abut the Yeftick or permt asythine io ds done b fhe void. which MI%QLUBTARY OElTY? ERY: We can ask you ke give us Ile Vehicle at a reasamably
w,l reduce As value, tt.kr :hen for marmot wear and use You mtinot use the Yettiid for ciprom"pbm. you tame to girt us theYehicls 2 weask
i5earpurposes wlorhilemlease. YOUIftmetMeet VAWhiclelrorli;ywraddreashown on it DELAY Y ENFORCEMENt: We can delay eMardnit our tights under rtbC+Mrset
or front of this Coatracl to a new poamaneol plat of pricing intho it notifying us In witheNTtd +?righ?
advance le. SOME THINGS YOU SHOULD KNOW IF WE REPOSSEI v
sstat+cm 1ME VEHICLE: N we reoeesen
fO. YOUR PROion
ISES INSURANCE: You gntil DUms due us us pod in keep the insurance cmersoawig h . without using aparrm+PlOffcial {byaepbnnk
tbeR recd collision all sums apt w ire paid i tau The .to ttImrwe of u bce f my lotalleeand sl ki tea. he a R611C[: We wltaaM you a Natp of Repessessisa to your bs1 eddrea we hmrw about
rym usanit d pr DrOltclywur fpteftsb and oarinterest atcar the Notice want tti r u howls buy back (redeem{ the Yeaide. You will NOT have tie debt to
Tne insurance anal mrra li es'bds pay ne s in the DpOCY• tbe W4 WAMN to *I must be wows be rdraiite 04 Contract IN$ rumors you we love to pay ice fold twwmm on the La'rad'ard
es af°0ads; duo Yoe may Not EST the Vehicle bad by willing delinquent gnhnmenb. This
in in these sttale ate h wh eeremparcaay cumA -Vehicle is he p to do anei ermanenchey ss garaged icid. a im= pAqmutpwAdo us ?
Th yy (Mg pets jdpmeaon rtpttirtd hY Yw.
with atte sir 110 dayyl s pr ofice niter rwiice at any car n l ail comme n ineowragtN On
reyuesl. you slug deliver the policy or Mher evidence Of of iAsu Samnte?csvpao to IQ Ili! is REOEYPTpOR: You have the right to buy bad {redeem) the Yehlde rillNn 15 days all
event of the lam or damage :0 the Vehicle you wU Immediately nolitgi us in ranking and fde a the mailing of the "a and at any dater Onto before we sell the Vehicle. N you do nil
y pro01 d rm vMA n e im,rer tedleare,yw, also up id claim 10 IN VIVF.y
a. OUR AIGHI TO FILE PPOOF JF LOSS: In list event al any{tcss or damage to the c SALE: If you don't redeem, we will sea the %slucle Tie moray received at sift will] be
Vchicle. it you'lad cf. refuse to do m ctefn• of proof of loss with the insurance company, you used to pay costs and tepen:ol you ewa,'snd then I^ pa/ the amount you owe ON Ike
agree that the Stntr; Assip m. any t ibse0uenl »stgnee, of wy authanized estptoyet at any Contract
III them Cwe) may Av i proof of loss with The irhwance camrumy. 4 vow nw w and acting d, SURPLUS OR DEFICIENCY: P there Is rnpnev bat we lwe pay K to the Tuyar. d there is
as your agent:iiith respect w the uizdred claim, You agree thl you do not have the yield IO net gmough rtHay lm m the sak to my what you pee, Dunn and Co-Signer agfah is par what
slid wet rot revoke the mower you have gi•,en us to like a pad of IM! You apes flat we may s stile owed Is w.
ewrdss this power for our benefit arts nor for your oemefd, nacep: as provided in this a. EXPENSES: You agree to pay to costs of mpossessing stonna, repairing peeludng Ice
Contract and byr?law.. _ M sale aid Sdbg the *, A as may be allowed by In. These cods Will only be due d:
b. OUR NM7 TO-EHDORSE INSURANCE CHECKS; You agree Oat The Seta, Assiproc 1. Default exceedsrdleeo (151 days#IIkefine of rep0ssesfaq
amy subsequest assignee, or an authorized ampbyee of any a, them Ewe'} mayadw3i your 2.Thc ameod of costs ale scrusl nrcesesly and reAsonable: and
name, acting is your agent to any check draft or other inabsment we rmclln ¦ paplnu) of IYfetin Provo the wmis more paid.
an iheued IOU Of taWr-1 At trauranca prwnlwta,':w alma Thal YOU 4g cad Mve Um iiiM te IS. REIRS ARD PERSONAL REPRESENTATIVES IOUID: Alter your deAk.lis wired shall
and *if cad revoke the power you haVe•geren us I+Ynahe your endoraememl You alike IoM aforcatlw issal year Mrs sad rsoml rep eserialives a yswettaba
we may eserest this palter for our teTlibl and nil fir yWr liitoifil dicepl a be
pfaNded bl Npa fi.60YERNINB L11F.,ilh6 CombiCt is M be iNerprdt0 axfM1hr110 the h1r of PenASylwrie.
C. U
Contract USE gradOF'by law.1'ROCEC05: We 17. SEIMAIM Of PROVISIONS: a W gray toe son any pan of ft (onbred shag bxoee
cguyapplysay fnsacACe proceeds keea to rcpsir or ileptToorusentsiceable, that pan alaiactbaapenofDane Contract
1.1
balance 11140 the BYghble H, O n ear sOpIllon. t, we will !?Js ap* the ilGlY a pOfeasiblettaAd you am not Ism IL ASSICNME%T IV IUYt k B ya slid rot v A thisCmitxt
ddau% e due us. or do llhtwise, we s paid, my will oi IsY mdycale onpid 11 THERE ARE NO WARRANTIES BY SELLER. UPRESSED 01 1MPLIEQ INCLUDING THE
L11. OU utus S if YOUS RI All )0UA PROMISES S ABOUT OUR RMaHT If YOU SRI All YOUR rOMIS[ ABOUT THE SECURITY INTEREST, WARWITIES Of MERCHANTABILITY AND flinE55 FOR A PARTICULAR PURPOSE.
VEHICLE OR,INSUW4!cE;_'I-ycu-W4p kelp year prumbp b P+Y"fees. tares, Titular WILESS WE NAVE GIVEN YOU A S[PAIATE WRRTEN WARRANTY OR UNSESS SELLER
the coats necessary to keep the Yahtele to good conetlim and npelA we 14yidkortce anlr [IMIS INTO A SERVICE CONTRACT WITH-10YER WITMIN•SO DAYS-FROM-THE-DATE-Of
maaeY You promised 60 pay: N you ltil to keep your promisees about,awhed Nla,rimce, care n1ISCOMIftAW.; _-
Buye''s GUiat Window Sticker, If the Car which is described on the face of this Contract has a Buyer's Guide-Wj-ndow Slickei riiquired by the federal
Trade Commission Used Car Trade.Reliulation Rule, theffoYowint notice applies: ' .
The (nformation you see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any
:-r contrary provisions in the contract Of Sale. I
NOTICE-ANY HOLDER-01HIS CONSUMER CREDIT CONTRACT IS SUBJECT 10 All CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE OF PROPOSED CREW INSURANCE
The sianu(sl d thfa Camber. Maeby lakele) twilem that Group Crldfl lee Insaraea covezap a Group Grand Accidarll cab M"lity Insurance corgriea will be appicable W TMs
Contract if so markap on :he front of :lib Contract and each aOdlj typo Of coverage will be mYldea by the Lawrence company Aomori. rW irsuience, sullied to uaptanee by the
irsurea. coven only me pram at uersnns glassine the request tot such assurance. The mould d Wages indicated far each type of credit lawa ram to kit purchased The term of
insurance will commence as rf she date the irdebledmmin b ueuna:l amid will tipbe an the ettylml entangled mssrity date of the Indabtedmee. Sub(ec: N acceptance by the Nwuror
and within 30 days, there wai be ce6vered re the insured eahhor{n a eer oWo al insurance mat holly daleribing the insurance. In she evert of prspayesaid of the krdelrledrels, a
refund of insurance charg•:s wal be mace when dues, l'
_ NOTICE: SEE OIX R &OE FOR IMPORIANT IWORMATIDh.,
• THE PROVISION BELOW IS N01 PART Or THE PENNSYLYAINA NWOR VEHICLE INSTALLMENT SALE 06#1 RAC111TWEEPIIHE BBY ER AND SELLER.
ASSIGRraERI
To induce you, the'Awi see" fdanblied on 1M face of this lomlrall OF as from fNamU
to pwrcMseshe within Contract, the Sever hereby Harranb and represents. Gard eve- uts to wan" amd represent that the ASIA has been made in strict conformity with allapplicAbIt
-frderah,state and local lawsand 4ardations,indudfne,but netWRWla.AnL" IAeFWAS*WikUelormCgmmetYJaLS;rode.{t3PaCS.Aii7t0l•estaow-Wtmiletantadand
-..c.,_.:_.-__.__?..__...:.....,.- 4_. ---- `------ .-a : - ....z..a ,-......a r.. 6?.11„r.::..1 a,tith Mrw•u..r.aa.aq-aa..r.narr. rh.
_...... ..-_._.-- ....-----.---
parstraph is not pernRhd by taw, interest Shia Aeolus At the hlghed rate allowed by _.......-e
a. ACCELERATION; W can demand that sou Day to US the enlae unpaid ball owing
a pgrab4law busindn of thus lime,
& TOUR PROMISES ABOUT OUR SECURITY INTEREST: You well not permit a oNar on Me Contract end if unpaid Fine nee Charges aril othe- m.ney due. You agree that you war
pay I* moray to as in one Stogie payment normal UK. receiving our demand.
Hills US to obtain a Security Interest or other dghb in he Vehicle. You wM pay a N.1.
necessary for US, to obtain end valabsi 1 our Security interest in the VWxk. to *it asadt us G REPOSSES1101: Ws can reposes the Vehicle, unless prohibited by law. We can do
this. wish@% have a qualified person do it for tM or have a government offkiH (by replevinl
In having our security interest rated on he Corollate of Thee to the VeMek You *M rot sea do R for us. You egrie that we as peaceably came on to your property to do rob. We may
of Z4 away the Vehicle. K someone puts a lien an the Vehicle, you will pay the obligation she
dma the Ian.- '
you isle If you
gay amy other th,mgi tamd In lire Yelnlck, Duf If retain thew trings to you IF
id tnaB wOAin 7a
e1t You agrr le uk us in a letter scot to vs
cad Tlwe things M
9. YOUR PROMISES ABOUT THE VEHICLE: You nT keep the Vehicle in good coal iaen Sad ,
de notrd us it rlilikiYou agrethat
"So
repair. You wkl pay sh taxes and charges on the Vabids. You wit pap all polls d mwdamint
dt Vtb'i*eFperoRanythirrgbbedmtothtVeAiWAO
s
Yiiw
fla
lsb
*l
*
V e yyaawv l tense plircset te for r
UNTARY-0ERYe•canaskyautoeusiucfeefansson+bly
Ntto
niv
o
r
a
u
e6
e
e
win include its value, Wier than for ramd wear and use. You win not an the Veldde for to give us this IN cle A wt ask
rival pkea You.
RNp[purpsworforhire or.lesse.Youwitnotmal"tinVicYfrom youreddress "am d. Dnr IN ENFORCEMENT: We an delay entarcngour rignes under thisContrsct
the frond of his Contract to a now pormaseof place of gaining without rwtifying as is without hit, Myrigii
1D YOUR PROMISES ABOUT r RSURANCE: You will keep the Whicle.irhured sgsinrt tire, 1R. SOME TIMUOS 10U Syf0U10 KytOW IE wE REP?%SESS ?Til VEHICLE: 4i we reassess
withe x usng a g°krr menl official (by replevlnl:
theft and covis at aril all sums due us as paid in furl The insurace coverage Not be
saligaotery to us and protect trial interests and one irde-mils it its tune of my insured hrs. a NOTICE: We wrtse id you a Notice of ReposseAlon to your last address we know atwut.
TArs Noce will 14 you h w to buy back btAarml the Vehic e. You will NOT have tiro right to
The snstara must mine n a: losa•payte" on the crdkY. The IneL ancs mina be women by
an Insurance Carnpsny qualffilC to do business in hinsyleanls and liamsed to set insurance rmnHate bur Conllof- this Mail you will have to may the !nlal balance on the Conlract'and
ow asaaunls due. YDu nsay no; get the Whicla back in pa ing delirpuent installments. Ilk
in the stele when the-Vehrde is pernanemly, garaged. The insaira ee peaty must pr id: us
s urlar written golke of away cencdf dr or rogue! in ceveage OR
n-p
q•da
t l
t l
ith IboBce wit tag yri Bailor into mat on required by bv,
s o'
itl
n 15 d
h
l
t
y
eas
e
w
i
request, you shag ddirer IM poll%i a Was Evidence of InaurAct coverall le ue, In the
lieu well dnsRedlatdy to 14 to in writing and fie a
event of the leaner damage b :he da n
e w
ay
ic
0. REDEMPTION: You have IN tight to buy back lredeem) sloe Ve
the nsiling of tie Noade and at on) later hme before we set! the Vehicle. It you do no!
,
y Prod. d lea wO..lhi inwrerr
OUR'RIONT TO FILE'PRDOF OF LOSS: In the event of may lose or deaaps to The
i ndeenl Ku the up al tlatm b the Vehicde.
G SALE: I you dint Worn. we wM set the Vehklr, The money received at sale will be
.
Vehir.le, a you-tail or-tons to go t claim or prod of loss with to i asrnsce cermi my, lieu
U
f triad to pay ci aid expenses you ism,'t to then :o pay the amount you owe on the
ter
C
e
1
awry
anxed emp" o
ftae OWd the Settai•Assigaen, xuDeegowunt esdgwei or any ao
r>I Menlo wn'I f y Ale-1 prod p!? reth the hourarta eonpany, in your came and bckg n
.
em
d. SURPLUS OR DEFICIERCY: II there is money lam, we will pay h to Me Buret, n there is
as yr we steel; wih ascot to the insured claim. You ogle that you do not lax ale right Is not emegh money Kra 1,Ye sale to pay what you owe, Buyer old cc-%mer agree to pay wh it
and No mat revoke the power yyooua have Liven us to fill A proof of We. You van that we may
exercfae this power for our baannf and net far your beaefft except is prov ded In this to sgl awed to us. y
o. EXPENSES. Yur agree to pay the costs of npossesstng, storing, repai tnt preparing tar
Cont KI and bl law. _
ARIGHT RE-EMbb85 E INSURANCE CHECKS: You agree that the $der, Assignee,
I sale end seNng the yw:k as may be atawed by few These Costs WA any be due it:
l Delatd !Ads rites, 1151 days at the time of repossession;
-
any subsequent assiggw, or in ivthmised employee of any of then rwe) Buy endorse your
mine, aetimg as yalr agent, to as) ohtok dram ar e6hin rdiruaert we faddv t In payment Of 2. The amovould eats are scull, necessary and rolsonabre; and
3. We can pfo6e the cents west pa'd.
an buried less w t return the the of -my prwdurac You afire that you do not have the dlhl to
and will not revoke power er'laa hire given as b'make form ordaawsenl yaw Klee dot IS. NEW AND PER§ONAL REPRESENTATIVES 1"NO: Alter your death, this £ontract shall
be inforMMa apintt your h11ri and personal mpnrssntolwa of your estate.
we may aercise this yidiriar for our BonefiraW nolfcr yout bent batepl as prodded it Mss 16,OaYfRNINa tAW: Tex Costraxl sto lk Mlerprttd atco(dlmL a the yw of Ptivnsylvafsla.
Confli
c. UeSEnd O by Ise.
c. U
1d'ourTire mopin ion ay apply e c namic nity u feasible proceeds and we you us e sboli repair the, In at
IAeYelefkle taClell N
.m ecanom c
in
replace
17. SEVEBABILIY OF PROVISIONS: K Nor any reason a'sy Fart N this Contrail Shia become
*got void at unetdd'mabk, that part shall not be a pan of mis ,:oolracl,
C
.
,
apply Do insurance prtsceeds lee reduce he unpile
dobuR d lids Contract. OtImmse, we wit ontract.
IS. ASSIOMMENt IYIIUYEIt Bu fro shall not assign this
W THER; ARE h0 WARRANTIES BY SELLER. EXPRESSED oA IMPLIED. INCLUDING THE
bilinetdue i Aft thtba7inaahreusi%paid, anyescesswMadpf?to?ms
OUR AIOHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST,
El wAIMANTIES OF MERCKANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ER
.
YEH1CILE-Ol1,11011ARM M yoT lai;b keep limn Pant to pay Un *e tue% Went
the costs necessary to Imp the ViloWsIn toed eoniffim and no*, we may edvoru arty UNLESS TIE HAVE 0yYE11 TOU A SEPARATI WRlITtm WARRANTY OR VIIUU SELL
EITERS1NT0 A SERVICE CONTRACT-WITH-BUYER WITHIN-90-DAYS IRDM.THE-OATE.OF-
mmay you promised to pay. If yourfelt to keep your promises about required insurance, win THIS CONTRACT.,- e_ r? ._ _ ... ^ •?. -
Btryeft Gbide Window, Sticker. If the Clr. which is described on the face o f this Contract has a Buyer's Guide:Window Sticker-required by the Federal
Trade CoRMnissionUsedCat Trade.RegulltionRule,five fellowkiiatimapptie
The.-information you tree on the window fora) for this Vehicid is part of this Cofdract. Information on the window form overrides any
-yoottrsry provisions In tbacordractof sale. I
'NOTICE-ANY HOLDER-06THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED •PURSUANi HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY.
HEREUNDER BY THE DEBTOR SHALL tiOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
-
NOTICE OF PROPOSED CREDIT INSURAYCEI
Tht sitfr7p) of this Cortrac- hereby take(s) make that Group Credit Life Insurance contrast er Group Crest Accident sell Disability I:?surance coverage will be applicable to this
Contact I so marked all the front of hm Contract, and each sack type at coverage will to written brae urpirsice company named. This v1surixe, suajed b acceptance by the
imsure4 covers only the Oman or plrsofe SIP1.4 the request for such lmontrim. The amount of darts is in66ltd for each type of Credit Institmee to be purchased. The tam of
hrtuh.ce will coastal as Of the dell the fndeblBdmeas is Incurred and will Expire, ON the orknal scheduled rat lwmy date at the indeb!rdrim. Subject to acceptance by the insurer
and within 30 day; there will be delivered to the insured distillate) a cerNfinte of uwurence, more fully descrlb g the Insurance. In 'he sweet of prepays ert of the indebledness, a
art es Of Insurance eastps will he made when duo. - •
_ NOt[CL• SEE OTHER IDE FM IMPORTANT IIFOR9ATION..
'-
7HE PROVISION B[Ldf tic KOT PART OF tut PENNSYLVANIA vEKN1E INSTA1 LmENT SALE OORTRACT'BUWEE97HE BUYER AND SELLER:-
II
To induce you, the "Assignee" identified on the late of this Contract or a folla s ASSIONMENT 4 (Name)
to purchase the within Contract the Sekr hereby ril and rerares hole, sad continues to warrant and represent that the salt has beer made in strct cinformity with at applicable
r ledgial, state and local laws ad reguldlons, Including, but rot Ranged to, Wtadkg-Uf he Pensttylvanit Uniform Coriwtrercul;Cade;(1.3 to. CSA-s§9101•et•srgg our-ble rodeo Car l and
this Vehible, cohered thereby Is abelefe, free of-All fans, encumbrances and ikinfl i Inlarearts, and Is subject OrrI to the ights dl the Buyer'ks set'orte the,efn; the Contract Is genuine, the
lignaluros thereon are ne; torlerlas, arose train IN sale it fee Vehicle therein deWti and an parties thereto are d fill age and hod capacity :o cnnlre:C the description of the Vehilcle
and extra equipment,s ampl-.1t and correct; the cash dowapayment and/or trade-in illowainde refe"actgMy n6lved and no pert Iherecl car fisted at e0?les, past-daled "Checks, other
credit advanced by us tin Blysr or rebates or similar payments from K to the Buyer Ilswever manufacturer reboea may constitute all or a earl of the dawnl'mymin1k all warranties and
statements therein are true; there is owing thereon the Aliment Financed Plus interest iT Ike Annual Parcerdo-ga Rain of the Contract set fortis therein; we ire duly licensed under the
Peors isior Motor Vehicle Sara Finance Ad and travel duly compiled with all replirerrents thereof with respect WIN transaction and with the federal Ti ath•tn-Leading Act and with on y
otter federal OrStitt In, risk or regulation applicable to this Contr l a mabi vehicle title cetlikcate showing s lien or tacumbranU in laver of Assignee has been or will be applied lot
promptly; the reglatrftiew of the Veli de has not been suspended and the Soler farmers of no Facts wW may total in the suspension of said re"ralia Uri the Pirnsyhahio Motor
vehicle Flnaneiel RespenSrblily ABC The Boyl mined In the within Combined IS pry persmak known, to the Sder Is be the now identical personas) whose signalurc(s) is (are) allired
to IhloCo iNct and Seller has so knowledge of facts Impaling the readily at value of the contract It-any such saimst.es or repuestnbframs should be breK.W at any tune, Seder shall
repurchae said Coatrad local "nos, on domial and willpoy lherador. In ash, the amount owing thereotl cempoted as et forth below, slid said remedy sham be cumulative and not
tadusirt, and-sholl d !Had any other right of umady that Assignee faight hie at law or to equip aging Seller, In The event that Buyer faits o refuses to make toy olvarent due
bereundet m the atedW, eithat oral er wtiRm, teat tla Yakide 'wdelectix, rat is geprktt:Rted to tins Buyer by SWH. or that Sella retus s to tenor Brij wasnnty, at service sgmeall
of Seller of rmnuhctaat, Soller agrees Ikst, on being addled by Asslgrree of such claim d Boyer, Sekr wiElrepurchase the Contract from Assignee and pay Assigave for same
immediately in accordance with the repurchase terrro set forth below, and SeMet hides sgre s to hold Assignee binders from any other claims at Buyer, including attorneys' fees, costs
and expenses incurred in defendial against claim asserted by Buyer and indudrR claims for refund of payments ii hole by Boyer to Assignee. fl the Seller conic: K1s to purchase properly
inswarea on Wall of the Buyer, and that dnsuance 4 cancakd by the insurance company prier to Its sekeduledlespirstien date, Stier wan attempi to place comparable coverage will
eoolnmr Insurance company on behalf of the Buyer. if Seller is unable to do so, Buffer will modify Buyer and p:,y tic Buyer any additional casts incurred by the Buret in ablainhng
repluamenl Lawrence has Me Unexpired period at the or,gimilmscronce policy, By fenme ad deiin the Cmtjael as Sauer, delivering the Comm; to the Assignee and accepting
payment ter it Seller authorizes the Assignee toad as ill Sake & assent for Our purpose of ampkegrsg or easecling the identification of the Assignee in tKis Assignment to reflect the true
Asskime who psrahased the forbacf and/or for the'pirpoie at signifd Sokr's name, to tbis Assifirlinart, wilhaut;,rreaurse, ff the Assignment is difinitd w ttsout the Sellers sgnalue.
Asileme may exercise the parer given in ibis parr saaph fat the benefit of Uw Assignee and ml far the Leeabt al the Seller. Seger does not hay, the igh to :red agrees not to revoke the
power glen in this pa+agrapR 1
In the ,vent that Sager k ismilred by this Antilles Pit to repurchase the Contract adlorYebirie-Sefer sine pay to Assignee, is cash, the lull mpsm laterite d It* Con:,ect mat the
data of repurchase, plus any then eased Firs nee Chirp and any and a0 costs surd expenses paid or meuritd Ili Assignee in respect thereto. iaclidirg rrasonitittai fafneys' Neek'ih
oenredNnn with clams by or sphsstaay Buyer, Owner ar persons in posession of he Vehicle and/or by ar agarost S911 11'.
For value received, Seiler hereby satin, usigns and trsnslers onto else "emit roccesaaro and assyns, the wilhin Contract, all throats due ace' to becnme due thereunder, and all
right title and Interest In and to the Vehicle therein described, with full power in the Assignee in is or our name to take such legal or other action which we mghl lure taken save for this
Asaicn=nL Unless Seger marks rimer of she endorsements below. titled "WITH FLUL RECOURSE" or "I ITH REPURCHASE;' Seller's. assignment Shan, e:cepl tot the provis am'df jlie
wave" Utkd "foss gwmetl; be without Tecoure i) - '
0 VI TH FULL RECOURSE-Sellor sires tbi in addit to the paragroph above tided "AcaigomanL" In the event of d:faull by Buyer In file lull payment on the due date thereat of any
inshllnent payable undo the Centred or „ the am Immanence of acy otho abhgatled to be performed under the Contract by Buyer. Seller will, an demand by Assignee, fonhwith
fepur"e the contract from Assignee for a re rc ca. In ash. aaputed as set forth above.
G WITH REPURCHASE-Selier egraei.lhat t ' I' 1 the provisions; of live paragraph slave filled "Assignment' Tr the evtal of any default by Buyer which shall entitle Assignee to
monsters the Whielt, Stnor•will, it the Vehick is opowssed by Assignse and dolnvened 10 Seger, and without: legsid to The then condniot at the Vr hlcie, krthwith repurchase. the
Wel,att arid-the Vehicle Item Acula-e tar a ro hax' price, in C&Acomputed as act BHii above.
By sign ?ve ag?fee? he terms of the mnent.
Saki By_.._._L C!_..1??- - ---
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Karen M. (Herb) Nevalga
22 1 ST STREET
ARLISLE. PA 17013
CACV of Colorado. LLC
370 17th STREET
SUITE 5000
DENVER, CO 80202
Plaintiff,
Vs.
KAREN HERB
522 1 ST STREET
CARLISLE, PA 17013
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 07-6112 Civil Term
ANSWER
TO: Harrison Ross Byck, Esq., P.C. CACV of Colorado, LLC
229 Plaza Boulevard 370 17th Street
Suite 112 Suite 5000
Morrisville, Pennsylvania 19067 Denver, CO 80202
In Pennsylvania, a breach of contract action must be brought within four years from
the date of the breach of contract with the original creditor,
Per paragraph 12, item A of the contract with HAFC, the contract is considered in
default if a payment is not made on or before it is due. The due date for payments on
this contract was the 13th of every month.
Per line 5 of your complaint, the last payment on the account was made on
September 8, 2003. This would put the account in default as of October 14, 2003,
meaning the Statute of Limitations expired as of October 15, 2007.
Since this complaint was not filed with the Office of the Prothonotory of Cumberland
County until October 17, 2007, you are outside the Statute of Limitations.
Based upon this, I demand this complaint be dismissed as it is barred under the
Statute of Limitations. If it is not, I will defend and seek ATTORNY FEES AND
COSTS.
Karen M. (Herb) Ne I
Dated: December 3, 00
CY1 t..
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06112 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACV OF COLORADO LLC
VS
HERB KAREN
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HERB KAREN the
DEFENDANT at 2110:00 HOURS, on the 24th day of October , 2007
at 522 1ST STREET
CARLISLE, PA 17013 by handing to
KAREN (HERB) NEVALGA
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
i 110-7jO -1 4-7
So Answers:
18.00
4.80
00 7
10.00 R. Thomas Kline
.00
32.80 10/25/2007
HARRISON ROSS BYCK
Sworn and Subscibed to
before me this
of
B
day Deputy S eriff
A. D.