HomeMy WebLinkAbout07-6847j
ROBERT M. REIBSTEIN, ESQUIRE,
705 Montgomery Ave.
Narberth, PA 19072
(610) 664-1999
ATTORNEY I.D. NO. 20456
CACH,LLC
37017th Street, Suite 5000
Denver, CO 80202
VS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
. NO. 07- &847 eivaTerm
David Jaquez & Patricia Jaquez CIVIL ACTION
indv and h/w
2334 Ritner Highway
Carlisle PA 17013
NOTICE TO DEFEND
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 claim set forth against you. You are warned that if you fail to do so,
the case may proceed without further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
717/240-6200
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
This communicat;on is from a Carlisle, PA 17013
debt collector. This is 717/240-6200
attempt to coisct ae?btand
any information obc^in } i
be U--Cd for that ?i,r.,
ROBERT M. REIBSTEIN, ESQUIRE
705 Montgomery Avenue
Narberth, PA 19072
(610) 664-1999
Attorney I.D. No. 20456
CAM LLC
37017th Street, Suite 5000
Denver, CO 80202
VS.
David Jaquez & Patricia Jaquez
Indv. and h/w
2334 Ritner Highway
Carlisle PA 17013
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNA
NO:
0 1-
COMPLAINT
1. PlainK CACH, LLC, Assignee of Household Automotive Finance is a limited
liability company doing business at 370 17th Street, Suite 5000, Denver, Colorado.
2. Defendants, Jaquez David & Patricia Jaquez, are adult individuals residing at 2334
Ritner Highway, Carlisle PA 17013.
3. On or about August 22, 2002, Defendants entered into a written Pennsylvania
Motor Vehicle Installment Sale Contract with Parnell Chrysler/Plymouth of Wichita Falls, TX, which
was contemporaneously assigned to Household Automotive Finance Corporation for the purchase
of a 1999 Isuzu Rodeo calling for Defendants to make sixty (60) monthly installment payments of
$333.88 each. This agreement was then modified on May 12, 2003 to a reduced interest rate of
4.48% and monthly payment of $266.50. A true and correct copy of said written Pennsylvania Motor
Vehicle Installment Sale Contract, Assignment and the Modification Agreement are attached hereto
made part hereof and marked as Exhibit "A", "B" and "C" respectively.
4. Defendants breached the terms of said written agreement by failing to make
payments when due entitling Household Automotive Finance Corporation to repossess said vehicle.
5. Said vehicle was repossessed on or about November 24, 2003 whereby Defendant
were given notice of Repossession, Right to Redeem and Notice to Sell Property by certified mail.
6. After Defendants failed to exercise their right to redeem the subject vehicle, it was
sold at public auction on January 29, 2004 for $4,200.00 whereby there remained a deficiency
balance of $9,131.02.
7. On or about October 10, 2005 for value received, Household Automotive
Finance Corporation did sell and assign all it's right, title and interest in said Pennsylvania Motor
Vehicle Installment Sale Contract to Plaintiff. A true and correct copy of the Notarized Certificate for
Purchase is attached hereto made part hereof and marked as Exhibit "D".
8. As per Exhibit "A", Plaintiffis entitled to continuing finance charges at the annual rate
of 4.48% on the unpaid principal balance claimed in the amount of $106.47 and continuing at the rate
of $1.12 per day.
9. After repeated demands, Defendants have failed and refused to pay all or any part
of the principal balance due and owing Plaintiff.
WHEREFORE, Plaintiffdemands judgment against the Defendants in the sum of $9,237.49
plus interest from the date of the filing of this complaint and record costs.
a?e??
Robert M. Reibstein, Esquire
Attorney for Plaintiff
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Dealer Number Contract Number
Buyer (and Co-Buyer) Name and Address (Including County and Zip Code) Creditor - Seller Name and Address
)AVID JAQUEZ PARNELL CHRY/PLY/JEEP/EAGLE
'ATRICIA JAQUEZ 607 EAST SCOTT ST.
)29 FALLS DRIVE WICHITA FALLS TX 76301
?_.. .?.., n....... r.,...f rr? 0 , if ?-1 - r.,n. rho vohirto halnw fnr rash nr nn credit. By sionino this contract. You Choose t0 buY the vehicle
on credit under the agreements on the front and back of this contract. You agree to pay the Creditor - Seller (sometimes "we" or 'us ,m this
contract) the Amount Financed and Finance Charge according to the payment schedule below. We will figure your finance charge on ai•.daily
k-:- Tr,e -Alnn nienhna-a halnur nm nart of this contract.
New/Used/Demo
Year Make
and Model
Odometer
Vehicle Identification Number
primary Use For Which Purchased
? personal, family or household
USED 1999 ISUZU 31707 4S2CK5808X4335025 ? business
RODEO _ ? agricultural
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Financed Payments Price
RATE The dollar The amount of The amount you The total cost of
The cost of amount the credit provided will have paid after your purchase on
your credit as credit will to you or you have made all credit, including
a yearly rate. cost you. on your behalf. payments as your down
scheduled. payment of
$ 1119.81 is
20.66 % $ 7698.8D $ ?31Q, Q? $ 20008.80 $ 211Z8._
Your Payment Schedule WIN Be:
Number of Amount of When Payments
As
Late Charge: if payment is not received In full within 15 days after it Is due, you will pay a late charge equal
to 5% of the amount of the installment.
Prepsyment if you pay off all your debt early, you will not have to pay a penalty.
Security Interest. You are giving a security Interest in the vehicle being purchased.
Additional Information: See this contract for more Information Including information about nonpayment,
default, any required repayment in full before the scheduled date and security interest.
ITEMIZATION OF AMOUNT FINANCED
627
30
1
$ 12557.11
.
I Cash Price (inckiding any accessories, services, and $ (
)
sales tax)
2 Total Downpayment =
Try-in1997 PLYMOUTH NEON
(Year) (Make) (Model)
Gross Tends-In Allowance $ 1893.00
Less Pay Off Made By Seller
N
T
I $ 1893.00
$-o
rade
n
et
Equals 81
1119
+ Cash
ib
O .
$
$ N A
•
ther (descr
e)
$ 1119.81 (2)
l
4
A b
'
d
an
see
.
e
o
(If total downpayment is negative, enter V w)
30
1
3 Unpaid Balance of Cash Price (1 minus 2) .
$
(3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep pad of these amounts):
N/A
A Prior Credit or Lease Balance to $
B Cost of Optional Credit Insurance Paid to the Insurance
Company or Companies.
ule $ N/A
Disability $ N/A $ NIA
C Other Insurance Paid to the Insurance Company $ N/A
D Official Fees Paid to Government Agencies $ N/A
t) to for $ N/A
2) to for $ N/A
3) to for $ N/A
E Dealers Inventory Tax Paid to Seller $ 24.75
F Government Taxes Not Included in Cash Price $ N/A
G Goverment License and/or Regisheticrh Fees
,_(4escdb9L J' = $_ 69_90 $ 69.90
H Goverment Certificate of Title Fees $ 13.00
1 Government VefhMe Inspection Fees $ 12.50
J Deputy Service Fee Paid to Seller $ N/A
K Documentary Fee (Cargo Documental) Paid to Seller $ _ 50.00
A DOCUMENTARY FEE 19 NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW,
BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES
RELATING TO THE CLOSING OF A SALE. A DOCUMENTARY FEE MAY NOT EXCEED $5e. FOR A MOTOR
VEHICLE CONTRACT OR A REASONABLE AMOUNT AGREED TO BY THE PARTIES FOR A HEAVY
COMMERCIAL VEHICLE CONTRACT. THIS NOTICE IS REQUIRED BY LAW.
UN CARGO DOCUMENTAL NO ES UN CARGO OFICIAL LA LEY NO EXILE DUE BE If ONGA UN
CARGO DOCUMENTAL, PERO ESTE PODRIA COBRARSE A LOS COMPpOyADORES POR EL MANEJO
DE LA DOCUMENTACION Y LA PRESTACION DE SERVICIOS EN RELACION CON EL CIERRE DE UNA
VENTA. UN CARGO DOCUMENTAL NO PUEDE EXCWER DE $50 PARA UN CONTRATO DE VEHICULO
AUTOMOTOR 0 UNA CANTIDAD RAZONABLE ACORDADA POR LAS PARTES PARA UN CONTRATO
nle VEHICHI-0 COMERCIAL PFBADO. FSTA NOTOCACION BE EXIGE POR LEY.
L Other Charges (Seller must identify who is pail and
describe purpose.1
to for SERVICE CONTRA CT $ 702.55
to for $- /A
to for $
?
------------
INSURANCE Physical damage imurance on the
vehicle is REQUIRED until you have paid all you owe
under this contract. You may obtain the physical
damage Insurance from any Innsrence company you
choose that is authorized to do buelneu in Taxim.
You cosy also furnish the required coverage through
an existing policy. You are not required to buy any other
Insurance to obtain credit.
If any insurance is wrecked below, policies or cani-
ficates from the named insurance companies will
describe the terms and conditions.
Check the Insurance you want and sign below:
Optional Credit
Life and Credit Disability Insurance
Credt He ihehaaroil and aadi daabitly, insurance are rat
required to obtain cradl. They will riot be provided uNess you
sign and agree to pay the awls cost. t you dhooss this
insurance, the cost is shown is Item 4B of the Itemizab of
Amount Financed
? Credit Life: ? Buyer ? Co-Buyer ? Both
? Credit Disability: ? Buyer ? Co-Buyer ? Both
Premium and Term:
Credit Life $ N/A N/A
Term
Credit Disability$ N/A N/A
Term
Insurance Company NameN /A
Home Office Address
Credit We Instance Is based on your orgind paymera acted-
do. This kuurarce may not ppaeyy all you owe on this oahtrad
t you make We permits. Credt disability Insurance does not
rower any increase in you payment or in the number of
payments.
? lf this box Is checked, are pnemkrn for the insurance
s) Included above Is not bed or approved by the
Texas Commisslol er.
I want the optional credt Insurance dhecked above.
(Buyers signature) Date
(Co-Buyers signature) Date
Other Optional Insurance Coverages
The insurance described below Is not nequked to obtakh credit.
t will riot be provided unless you sign and agree to pay the
extra cod. Tenn In
Coverage Months Premium
- ?s NIA
_ ?$ N/A
?s N/A
N the box new toa pram um lor an insurance coverage hawed
above Is marked, to premium is not fired or approved by the
Tens Insurance Commkisloner.
I want On optional coverages for whloh prembarm are
Welled above.
(Buyers signature) Data
(Co-Buyers signature) Date
UABM INSURANCE COVET GE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTI M IS NOT INCLUDED N THIS CONTRACT.
Without it you may riot operate this vehicle
on public highways.
Returned Check Charge: You agree to pay a charge
of $ 25 t any check you give to us is
unpaid for any reason.
EXIT A
uruss i faun-m wiowance
Less Pdy Oft Made By Seller 41, &" • "
$ 1893.00
Equals Net Trade In $ 0.00
+ Cash $ 1119.81
+ Other (describe) $ N/A
(If total downpaymet is negative, enter "0" and see 4.A below) $ 1119.81 (2)
Unpaid Balance of Cash Price (t minus 2) $ 11437.30 (3)
Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of these amounts): N/A
A Prior Credit or Lease Balance to $
B Cost of Optional Credit Insurance Paid to the Insurance
Company or Companies.
Life $ N/A
Disability $ N/A $ N/A
C Other Insurance Pail to the Insurance Company $ N/A
D Official Fees Paid to Goverment Afloncfes $ N/A
1) to for $ N/A
2) to for $ N/A
3) to for $ N/A
E Dealer's Inventory Tax Paid to Soler $ 24.75
F Government Taxes Not included in Cash Price $ N / A
0 Government License andtor Registration Fees
_(Descdbel-IC_=-$--69:..90_ $__-_ -69...90w .
H Goverment Certificate of Tile Fees $ 13.00
I Government Vehicle Inspection Fees $ 12.50
J Deputy Service Fee Paid to Seller $ N/A
K Documentary Fee (Cargo Documental) Paid to Seller $ 50 00
A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW,
BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES
RELATING TO THE CLOSING OF A SALE. A DOCUMENTARY FEE MAY NOT EXCEED $50 FOR A MOTOR
VEHICLE CONTRACT OR A REASONABLE AMOUNT AGREED To BY THE PARTIES FOR A HEAVY
'AL NO ES UN CA900 OFICU - LA LEY NO EXOE QUE SE IMPI
PERO ESTE PODR COBRARSE A LOS COMPRADORES POR EL
EL CIERRE DE lN1A
L Other Charges (Seller must identify who is paid and
describe u
to for SERMFOWMT $ 702.55
_
to for $ R7A
to for $?
?
to for ?7t
?
$rs'+r
to for
to for ?V
$
Total Other Charges and Amounts Paid to Otters on Your Behalf $ 872.70 (4)
5 Amount Financed (3 + 4) $6?if (5)
Taxes (oiler than Dealer's Inventory Tax), title tee, license fee, and any state inspection fee (except for $5.00 of
each such Inspection fee that will be retained by Seder) will be paid by Soler to government agencies. Dealers
Inventory Tax will be paid to the Seller, who will remit h to the appropriate Tax Assessor Collector. Any Documentary
Fee and deputy semce fee will be retained by Seller.
dome Umce Address
Credit No insurance Is based on your original parrot sdied-
ule. This Insurance may, not ppaayy ail you owe on this contract
i you make late payments. Credit disability insurance does not
cover any increase in your paymet or in the number of
parlents,
? N this box is chedred, tie prerdur for the insurance
coverages) included above is not fixed or approved by the
Toms TTneuraroe Commissioner.
I went the optimal a" insurance decked above.
(Buyer's signature) Date
(Co-Buyses signature) Date
Other Optional Insurance Coverages
The insurance described below is not required to obtain credit
it will not be provided unless you sign and agree to pay the
extra Cost. Tern in
Coverage Moths Premium
- cis N A
- ?s N/A
?s N/A
I the box next loa premium foran insurance coverage included
above is marked, that premium is not Axed or approved by the
Tema Insurance Commissioner
'1•ward'the'optlonN-ootrerapes'for' Macb' pifrtiume-are-"
included above.
(Buyer's signature) Data
(Co-Buyer's signature) Date
UABLITY INSURANCE COVERAGE FOR GODLY
NWRY ADD PROPERTY DAMAGE CAUSED 70
OTHERS S NOT NCL.UDED N THIS CONTRACT.
Witftoup ut d you may not operate this vehicle
on pudic highways.
Returrnd Check Charge: You agree to pay a charge
of S 25 N any check you give to us is
unpaid for any reason.
OPTION: ? You pay no finance charge if the amount financed, item 5, is paid in full on or before , Year_ . SELLERS INITIALS
NO COOLING OFF PERIOD
State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract,
you may only cancel It if the seller agrees or for legal cause. You cannot cancel this contract simply because
you change your mind. This notice does not apply to home solicitation sales.
To contact HOUSEHOLD AUTO FINANCE CORP about this account call (800) 696-2886. This contract is subject
in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin,
Texas 78705-4207; (800) 538-1579; (512) 936-7600, and can be contacted relative to any inquiries or complaints.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this
contract must be in writing and both you and we must sign it. No oral changes are binding. If any part of this contract is not valid, all other parts stay valid.
We may delay or refrain from enforcing any of our rights under this contract without losin SI?therp, For Ile, we may extend the time for making some
payments without extending the time for making others. Buyer (and any Co-Buyer) initials Sao back for other Important agreements.
NOTICE TO THE BUYER-DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK
SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT
TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS SAVE A PORTION OF THE
FINANCE CHARGE. KEEP THIS CONTRACT TO PROTECT YOUR LEGAL RIGHTS.
You agree to a term of this contract and confirm that you receI ad a co plated copy when you signed it.
Buyer Signs - Date08/22/20(&-Buyer Sign :V
Co-Buyers and Omar Owners - A •b r is a 'person who is responsible for paying the entire debt. An other owner is a person whose nam is on the title to the vehicle but
does not have to pay the debt. The cobuyer or other owner knows that the Creditor has a security interest In the vehicle and consents to the security interest.
Other owner signs he Address
seller signs ate By Till
Seller assigns its interest in this contract to ig ) tams grsement(s
? Assigned with recourse out ed li
sewPARNELL CORY PLY JEEP EAGLE 07W7 If (1,o0Z;,
32
FORM NO.553•TX 11A1 v V /
°sie°D1r??w YO O 0..ti?vm' ?"'?"'0s ORIGINAL LIENHOLDERv(-/
? ran P{xrpaE aF"POW 60N&M Ya,x1 a 1EO11 LLIIIf$
OTHER IMPORTANT AGREEMENTS '
1. FINANCE CHARGE AND PAYMENTS c. Waiver of rights. You give up (waive) your common law
a. How we will figure Finance Charge. We will figure rights to receive notice of-intent to accelerate and-notice
the Finance Charge on a daily basis at the Annual of acceleration. This deans that you give up the right to
Percentage Rate on the unpaid part of the Amount receive notice that we intend to demand that you pay all
Financed. that you owe on this contract at once (accelerate) and
b. How we will apply payments. We will apply each notice that we have accelerated.
payment first to the earned • and unpaid part of the d. You may- have -to pay collection costs.-If we .hire. an
Finance Charge, and then to the unpaid balance owed attorney who is not our salaried employee to collect what
under this contract. you owe, you will pay any reasonable attorney's fee plus
c. How late payments or early payments change what any court costs and disbursements, as the law. allows.
you must pay. We based the Finance Charge, Total e. We may take the vehicle- from you. If you default, -we
of Payments, and Total Safe Price shown on the front may take (repossess) the vehicle from you if we do so
on the assumption that you will. make every payment' peacefully and the law allows- it. If your -vehicle has an
on the day it is due. Your Finance Charge, Total of electronic tracking device, you agree that we may use the
Payments, and Total Sale Price will be more if you device to find the vehicle. If we take the vehicle, any
pay late and less if you pay early. Changes.may take accessories, equipment, and replacement parts will stay
the form of a larger or smaller final payment or, at our.. with the vehicle. If we discover personal property within
option, more or fewer payments of the same amount .. the vehicle, we may store them. for you and will give you
as your scheduled payment with a smaller final pay- written notice at your, last known address within 15 days
ment. We will send you a notice telling you about these of the discovering. that we have such items. If you do not
changes before the final-scheduled payment Is due. claim the property before the 31 st day after the date written
d. You may prepay. You may prepay all or part of the notice is mailed or delivered, we may retain the property
unpaid part of the'Amount Financed at any time with- subject to your rights or dispose of the: property in a
out penalty. If you do so, you must pay the earned reasonable manner and distribute any proceeds according
and unpaid part of the Finance-Charge and all other to applicable .law.
amounts due up to the date of.your payment. f. How you can get the vehicle. back If we take. ft.. If we-.
repossess the vehicle, you may pay to get it back (redeem).
2. YOUR OTHER PROMISES TO US We will tell you how much to pay to redeem. Your right to
a. If the vehicle Is damaged, destroyed, or missing. redeem ends when we sell the vehicle.
You agree to pay us all you owe under this contract g. . We will sell the vehicle H you do not.get It back. If you
even if the vehicle is damaged„ destroyed, or missing. • • do not redeem, we may sell the vehicle. We will send you
'
b. Using the vehicle. You agree not to remove the a written notice of sale before selling the vehicle.
vehicle from the U.S. or Canada, or to sell, rent, lease, We will apply the money from the sale, less. allowed
or transfer any interest in the vehicle or this contract expenses, to any amount you owe under this contract.
without our written permission. You agree not to • Allowed expenses are our reasonable out-of-pocket '
expose the vehicle to misuse, seizure, confiscation, or expenses incurred in connection- with.the repossession or.
involuntary transfer. If we pay any repair bills, storage sequestration of the vehicle or foreclosure 'of .a security
bills, taxes, fines, or charges on the vehicle, you agree interest in the vehicle, including the costs of storing; recon-
to repay the amount when we ask for ft. ditioning, and reselling the vehicle, subject to the standards,
c. Security Interest: of good faith and commercial reasonableness set by Title
You give us a security interest in: 1, Texas Business & Commerce Code. Collection costs
• The vehicle and all parts or goods installed in it; identified above in paragraph 3(d) • are also allowed
• All money or goods received (proceeds) for the expenses. If any money is left (surplus), we will pay it to
vehicle; you unless the law requires us to pay. it to someone else..
• All insurance, maintenance, service, or other con- If money from the sale is not enough to pay the amount
tracts we finance for you; and you owe,.you must pay the rest to us.-If you do not pay
• All proceeds from insurance, maintenance, ser- this amount when we ask, we may charge you interest at
vice, or other contracts we finance for you. This a rate not exceeding the highest lawful rate. until you pay..
includes any refunds of premiums. h. What we may do• about optional Insurance, mainte-
This secures payment of all you owe on this contract nance, service, or other contracts. This contract may
It also secures your other agreements in this contract contain charges for optional insurance or service contracts.
You will make sure the title shows our security interest. If you default, you agree that we may claim benefits under ,
(lien) in the vehicle. these contracts to the extent allowable and cancel them
d. Insurance you must have on the vehicle. to obtain refunds of unearned charges to reduce what-you
You agree to have physical damage insurance cover- owe or repair the vehicle. If .the vehicle is a total loss
ing loss of or damage to the vehicle for the term of because it is confiscated, damaged, or stolen, we may
this contract. The insurance must cover our interest in claim benefits under these contracts and cancel them to
the vehicle. If you fail to provide us reasonable evi- obtain refunds of uncarried charges to reduce what you
dence that you have this insurance, we may, if we owe.
choose, buy physical damage insurance. If we decide
to buy physical damage insurance, we may either buy
4.
WARRANTIES SELLER DISCLAIMS
insurance that covers your interest ana our interest 'in " -" - 'Unless the SeNer makes a wrftten•warrenty; orenters°-
the vehicle, or buy insurance. that covers only our Into a service contract within 90 days from the date of
interest..If we buy either type of. insurance, we.will .tell
h this contract, the Seller makes no warranties, express
and there will be no Implied
on the vehicle
or implied
e charge you must pay. The
you which type and t
charge will be the cost of the insurance and a finance ,
,
warranties of merchantability or of fitness for a
charge at the Annual Percentage Rate shown on the particular purpose. .. .
This provision does not affect any warranties covering the
front of this contract.
If the vehicle is lost or damaged, you agree that we vehicle that the vehicle manufacturer may provide.
may use any insurance settlement to reduce what you S. Used Car Buyers Guide. The information you see on
owe or repair the vehicle. the window form for this vehicle Is part of this contract.
e. What happens to returned insurance, mainte- Information on the window form overrides any
nance, service, or other contract charges. If we contrary provisions in the contract of sale.
obtain a refund on insurance, maintenance, service, Spanish Translation: Gufa pare compradores de
or other contracts, we will subtract the refund from vehiculos usados. La InformaelGn qua ve 'en el
what you owe. formularlo de la ventanilla para sate vehiculo forma
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES Porte del presents contreto. La Informacl6n del
formulario de Is ventanilla deja sin efecto toda
a. You may owe late charges. You will pay a late charge lclbn en contrario contenlda en el contreto de
on each late payment as shown on the front. Accep- venta.
vents:
tance of a late payment does not.excuse your late
,,.C Val Uldb a. 1u an Va. w- lj W u.--.....,
• All money or goods received (proceeds) for the __.._..^ ----- ... ,.. .. , , .
expenses. If any money Is left (surplus), we will pay it to
vehicle; you unless the law requires us to pay. it to someone else.
• All insurance, maintenance, service, or other con- If money from the sale is not enough to pay the amount
tracts we finance for you; and you owe, you must pay the rest to us. If you do not pay
All proceeds from insurance, maintenance, ser- this amount when we ask, we may charge you interest at
vice, or other contracts we finance for you. This a rate not exceeding the highest lawful rate until you pay.
includes any refunds of premiums. h. What we may do-about optlonal insurance, mainte-
This secures payment of all you owe on this contract. nance, service, or other contracts. This contract may
It also secures your other agreements in this contract. contain charges for optional insurance or service contracts.
You will make sure the title shows our security interest If you default, you agree that we may claim benefits under
(lien) in the vehicle. these contracts to the extent allowable and cancel them
d. Insurance you must have on the vehicle. to obtain refunds of unearned charges to reduce what.you
You•agree to have physical damage insurance cover- owe or repair the vehicle. If the vehicle is a total loss
ing loss of or damage to the vehicle for the term of because it is confiscated, damaged, or stolen, we may
this contract. The insurance must cover our interest in claim benefits under these contracts and cancel them to
the vehicle. *If you fail to provide us reasonable evi- obtain refunds of uncarried charges to reduce what you
dente that you have this insurance, we may, if we owe.
choose, buy physical damage insurance. If we decide
to buy physical damage insurance, we may either buy 4. WARRANTIES SELLER DISCLAIMS
- insuraride that covers y`ou'r iii erect a a 6u-r interesfin- ' Unless-the-Seller- makes a written-warranty,-or enters
the vehicle, or buy insurance, that covers only our Into a service contract within 90 days from the date of
jrjterest..if we buy either type, of.insurance, we will-tell- this contract, the Seller makes no warranties, express
you which type and the charge you must pay. The or implied, on the vehicle, and there will be no implied
charge will be the cost of the insurance and a finance warranties of merchantability or of fitness for a
charge at the Annual Percentage Rate shown on the particular purpose.
front of this contract. This provision does not affect any warranties covering the
If the vehicle is lost or damaged, you agree that we vehicle that the vehicle manufacturer may provide.
may use any insurance settlement to reduce what you 5. Used Car Buyers Guide. The Information you a" on
owe or repair the vehicle..
e. What happens to returned Insurance
mainte- the window form for this vehicle Is part of this contract.
,
nance, service, or other contract charges. If we Information on the window form overrides any
obtain a refund on insurance
maintenance
service contrary provisions in the contract of sale.
,
,
,
or other contracts, we will subtract the refund from Spanish Translation: Guia pars compradores de
vehfcuios usados. La Information qua ve 'en at
what you owe. formularlo de la ventanilla pars este vehiculo forma
3.: IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES parts del presents contrato. La information del
a. You may owe late charges. You will pay a late charge formularlo de Is ventanilla deja sin efecto toda
on each late payment as shown on the front. Accep- disposition en contrario conterMa en at contrato de
tance of a late payment does not excuse your late vents.
payment or mean that you may keep making late 6.. Applicable Law
payments. If you pay late, we may also take the steps Federal law and Texas law apply to this contract.
described below.
b. You may have to pay all you owe at once. If you 7: COMPLIANCE WITH THE LAW
break your promises (default) or if we in good faith We will exercise all our rights and remedies in a way that
believe the prospect of payment or performance of this . complies with the law. We intend that this contract include
contract is impaired, we may demand that you pay all only charges the law permits. If any provision of this con-
you owe on this contract at once. Default means: tract results in us contracting for, charging, or receiving a
• You do not pay any payment on time; finance charge or other charge in excess of what the law
• You start a proceeding in bankruptcy or one is permits, the excess charge will be automatically reduced
started against you or your property; or to the amount permitted by law. We will refund or credit
• You break any agreements in this contract. your account for any excess amount received by us.
The amount you will owe will- be the unpaid part of the
Amount Financed plus the earned and unpaid part of
the Finance Charges, any late charges, and any,
amounts due because you defaulted.
We may delay or refrain from enforcing any of our
rights under this. contract without losing them.
Notice: You are required to keep the vehicle insured against damage or loss for the term of this contract. You may
purchase the insurance from an insurer that is authorized to 'do business In Texas or an eligible surplus lines Insurer.
The insurance must name us as the pennon to be paid under the policy In the event of a loss. If we so require, you must
deliver-to us a copy of the policy and proof of the payment of premiums. If you fail to meet any of these requirements,
we may obtain collateral protection Insurance on your behalf and at your expense. Please see paragraph 2(d) above for
more information.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE.DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE' PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE applies only if the "personal, family or-household" box in the "Primary Use for Which Purchased" section
of this contract is checked..
Form No. 553.7X 11/01
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nt ,
Tads Lf o„ tjs tDOckart
`[the"E>ont idl V w a1y and between:
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ttis wwlpatuwana2grDed'thatHmlwbd"Aigmoti?e oe?e?pe?ntion is tl?tmmod,
and every time where tltettaime
I r
appears vdiftamu" rac .
fBFildtle'!'eCelYed, $dj "111% at -am tr . ? . Ul"Ad 1?9PB6t4A Me
tOCltraet; "go monies dge and *bewme duelmennder, aftd in mW to dte vrehide aad er .apd rftl?
warrarues, wemnifica . gsiarenGesand hold harmtess "Weis made by Sela kr he ftn ac% and all
Other 8tp. tiOiOt4?Kfilis?BjA?iYOf-9tri.
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vew* awprw*.Golf I utw? t Wmmt des?bed?r iAe<t Set {)oAftt
Nobvittatandim anythlV3b qr. wdaiaed to WCoAi Wmmwcffw WSefler,
`sheN s1 fln fe?lersi3ghts rtlte4o atttottAFC'and naLSoaAy assignee{s? named4n-Me-Contract This.
As nmentshadl=t edtos+akeve Sete of any vratrmlties; represenWons
'Oray,veme,its direretn.orfithe-Contractorin-the Master-Dealer AgreementbetweenWiGandDealer.
-11 4
Seiler-Dealership (plealarprtrtg: t.6Z01` 17 59
SelterxAgent .F":
fide-f'Agent:
Date of
cO, 10 ,d 89vV:9,_0v6t6 OL
EXHIBIT B
Household Automotive Finance P.O. Box 17904 ,
A Household International Company San Diego, CA 92117-7904
05/09/2003
David Jaquez
Patricia Jaquez
929 Falls Dr
Wichita Falls, TX 76306
LOAN A t;G ?u i ?i Ji
Office: 877-378-9646
Fax: (858) 609-4843
HOUSEHOLD
Re: Account Modification Agreement
HAFC Acct. No. 1148009; BIC LDear David Jaquez:
This letter will confirm the agreement we have reached to modify the terms of your vehicle financing account with Household
Automotive Finance/Household Automotive Credit ("HAFC"). Please read dt arefully and be advised that the terms of this
modification will only be effective so lone as HAFC receives your signed and dated ageement and acknowledgement (see be
wijbin five dps of the date of this letter.
You have represented to HAFC that your financial circumstances have changed such that you are no longer able to meet the full
monthly payment obligation (the "Contract Payment Amount") required under; the terms of your financing contract or loan agreement
(the "Contract"). Based on this representation and subject to the terms and conditions set forth below, HAFC has agreed to lower the
interest rate on the Contract (the "Modified Interest Rate") and extend the maturity date of your Contract from the current contract
maturity date (the "Contract Maturity Date") to a new maturity date ("Modifies Maturity Date"). The modifications set forth iii this
agreement will lower the amount of your monthly payment (the "Modified Payment Amount"). Please see the details of the
modifications as follows:
Contract Interest Rate: 20.66% =ayment anent Amount: $333.48 ontract Maturity t : 09/06/2002
.- ,?; '/
Modified Interest Rate: 4.48% • $266.50 Modified MaturityDate: 11/01/2007
i
So long as HAFC receives your signed and da/eand acknowledgement and agreement to this letter (see below) within five (S) days, the
Modified Interest Rate, Modified Maturity Modified Payment Amount of $266.50 will become effective with your next
monthly payment due on 06/01/2003. This modification will not extend the term of your account or change the outstanding principal
balance, which is currently $12,006.74 or the balance of fees and charges, which is currently $75.00 and delinquent interest of
$853.67 for a total of $12,935.41. Please be advised that the lowering of your Interest rate may have tax consequences; you
should discuss this with your attorney or tax advisor. Furthermore, if youlpurchased credit life, disability, GAP or any other
similar type of insurance with your vehicle, the term of such insurance will not necessarily be extended and, therefore, there
may be a period of time when you do not have coverage. If you have any Oestions, please refer to your policy or contact the
c9rrlpr_
By signing where indicated below, you are agreeing to the following:
V30?-+
You will contact HAFC if your financial circumstances improve and you are able to pay more than the Modified
Payment Amount and Modified Interest Rate.
HAFC has the right to take any actions it deems appropriate to,determine your ability to pay your obligation under
the Contract. Such actions include (without limitation) the right to: (a) order a credit history from any credit
reporting bureau(s); and (b) contact your employer to verify your employment status and compensation.
modification.ltrl (112900)
Page l of 2
l EXHIBIT C
rto uutsnv a w
L
3. Should you Gil to mate ray Mloddw Paymaat Aaxwa -h" dw.; EW C will have tU rk% to set aide thin
atndifieuioa "non3 t and rsinstaw the Contract laterest Rite ad Contract Pstymat Atmtml tend tart my (AM
aaioaa allowed by taw. No eases of dealing between yon ad RAFC at nay d ft or faiiare on the part of HAFC
ii e:eCisiag ib tigbb under thin moditiatim agremtmt or the Comtaa wMbo deemod a waiver dany dHAFCa
tigib under this =Marian went or the Contract.
4. Because ofdw affect of delioqued payereaa an the uemat of ioter?est (on simple interest accoonta oalyj the !load
payment awing under the Contract ad than modifie o agtecment may be Obecat from your other mtetthly
payments. "me tefer to you Conttsct shsutd you hoe question! a to the method of intent scot W at call am
": Cgtomer 8etvi a Deptutooeot.)
S. The terms of this Oa fkstim agreement do not alter, amend at mo ft HAM neaaity interest to you vehicle.
b 11:cep a provided above, all other tams ad candidow ofthe Caldron tetwin unafJlt4ed and uaehnq jed ly this
modification speemeot and all such tam. cmdtdoa, sod provisioaa of the Coarsest we ratified and coalirmed is
. atlreapeets. •
7. You on not eltptbb for nay additiooat modiflations io your Coated.
Plena miew the terms of ibis agtsemm carefully. You am of course, welcome to pQwult.with your own flttaaeid @&bar at
stimaey befase oil*# thts agtoemed. You tray alts nomad HAVIC at l-1C17.378-%46 with say gtteltioia.
i Tito modleadoz wM eat tab dbd mad (q urk kdw aal affdpdad 11111 ft the CoUnd dpa aid d"
,i tY Agw?ovseit W Arhzowlodpemeat (bolos); aid QU VAPC rsdva an cowjif the j pad ad dated Asnaaaesd ad
Y A edgeseet wkdda an (S) days !hem tine shit df Yes ap+aoed. !Mass hie! the we e»py dims ap"Moset flit yortr
txarde; ,
Retoes ape at=aed ahceemcal eo HAFC, Attn: Custom Credit Repair Tom 6602 Convoy Court, Sao DMp, CA 92111 or && h to
:? teSS)609 -4842. •
Rniaast¢ar to daa?lt write goer atxoerrt atztabar of ash ehedc a tzsuy erdsr tientt ez a paymat ea year aeooaat a order
to saoversdassly pasting ft Year acesaaL
Sincerely,
" u
diomebpldAutaaootivePioaaoe
1-;77-3' -%44
'1 AC W 114M. BIC
AG 1Ar4DACXNUWLZDGD4ZRT _
lswe a f tee to be bomd by th4 terms sod emditions of this modifieatisa samm m mul acbowledge harin8tad and ardtetlnodaatd '. *
tares ad caodidoa. VW4 andeestaad that this moMminsib will briegmyloot account tarn but will kaase the tens of ?.
.
soy obligationto 1fAFC. Me Womwiedp that we hs iced a Copy ofthh of I Pat- for our near.
Dad:
Dated:
Dated:
'W= CALIPORWIA RAS UBMAs ratuited by lK Yen one hemiymtdW that a eeptiv?e nadir oepoat te!}ed a your ctosW
aeooedtpaybea6naloedtoscred'taepattiagegmtyityonAu7toful[ilttbetemrofyeuraed'tobltptioes.
:'[hit i<en atasmp to 4olka a debt by adebt eolleeaat sad aapr
' ioaobtasostws7lbeueed?rthaapirpoa.
mod cedcabl(1129" pye261`2
1:A-d SZQS£Zt
2
r
Wd 611:20 £0-60-Akita
CERTIFICATE OF PURCHASE
KENNETH U. URBAN
I, , hereby depose and state that:
1. I am an Authorized Agent of CACH, LLC, a Colorado Limited
Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient
personal knowledge to do so regarding:
Customer Name: DAVID & PATRICIA JAQUEZ
Original Creditor: Household Automotive Finance
Corp.
Account Number: 500001148009
3. On or about October 10, 2005 this account was issued by the
original creditor. CACH, LLC is the current owner of the account and
purchased the account for good and valuable consideration.
Date: AUG 3 1 2006
Sworn and subscribed to before me this
2006.
Notary Public PRUDENCE TINBERG
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires: My Commission Expires 05/03/2010
EXffiBIT "D„
VERIFICATION
KENNETH D. URBAN
I, , 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 DAVID & PATRICIA JAQUEZ owes the balance of $9,131.02 to
CACH, 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:
Dated: AM 3 12006
Authorized Representative
T01
?
g+
8
6' D
% -es
cr
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-06847 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CACH LLC
VS
JAQUEZ DAVID ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
JAQUEZ DAVID but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT
2334 RITNER HIGHWAY
NOT FOUND , as to
JAQUEZ DAVID
CARLISLE. PA 17013
DEFENDANT LIVES IN TEXAS
Sheriff's Costs: So
Docketing 18.00
Service 5.76
Not Found 5.00
Surcharge 10.00
``p1 .00
38.76
Sworn and Subscribed to before
me this day of
?r R. Thomas Kline
rOBERT f of Cumberland County
M REIBSTEIN
11/19/2007
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-06847 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CACH LLC
VS
JAQUEZ DAVID ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
JAQUEZ PATRICIA but was
unable to locate Her in his bailiwick. He therefore returns the
OnMInT.T TTT'T f_ MnMTOV
NOT FOUND , as to
the within named DEFENDANT
2334 RITNER HIGHWAY
, JAQUEZ PATRICIA
CARLISLE, PA 17013
DEFENDANT LIVES IN TEXAS
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge ? 10.00
.00
21.00
Sworn and Subscribed to before
me this day of
R. Thomas Kline _
ff of Cumberland County
OBERT M REIBSTEIN
1/19/2007
A. D.