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HomeMy WebLinkAbout07-6883IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff vs. BROOKE D. SHEAFFER Defendant No. z97 _ 6 ?? 3 &Y,"J COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 271.8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06230251 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff No. VS. BROOKE D. SHEAFFER Defendant COMPLAINT IN CIVIL ACTION AND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 342 Fairfield Road, Montoursville, PA 17554. 2. Defendant is an adult individual residing at 148 SPRING ROAD, CARLISLE. PA 17013 . 3. On or about April 21, 2006, the parties entered into a written Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2002 Nissan Quest, more particularly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit "1" and made a part hereof.. 4. The Lease Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Lease Agreement. 5. By the terms of the Agreement, Defendant was to make 155 payments of $105.00, commencing April 21, 2006, and to pay certain license fees due at the inception of the lease and during the lease term. 6. The terms of said. Agreement provide for termination upon satisfaction by Defendant of all obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end of the lease term, which term would end 155 weeks after it commenced. 7. Plaintiff avers that Defendant defaulted under the terms of the Lease Agreement by failing to make payment to Plaintiff as promised. 8. Due to the Defendant's default under the Agreement, Plaintiff exercised its right to terminate the Lease. 9. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance of $4,826.76 as of November 8, 2007 is due from Defendant. 10. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 11. Plaintiff avers that such attorneys' fees will amount to $500.00. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance, interest, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Brooke D. Sheaffer individually, in the amount of $4,826.76 with continuing finance charges thereon at the rate of 6.0% per annum from the date of judgment plus attorneys' fees of $500.00 and costs; or in the alternative, an order directing the parties to arbitrate this dispute pursuant to the terms contained in the Lease Agreement. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. A/,; William T. Moklzan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 WWR#06230251 LESSEE"S INITIALS Federal Consumer Leasing Act Disclosures Date: April 21, 2006 Lessor: HARRISBURG TOYOTA „ Lessee(s): BROOKE D SHEAFFER 6060 ALLENTOWN BLVD s 113 S ARCH STREET HARRY, EBTTAr_ DA 17111 1\tR('unr7T(CF2TTAr DA 17lKC These disclosures are made in connection with and are part of a closed-end motor vehicle lease dated April 21, 2006 entered into between Lessor and Lessee. Amount Due at Weekly Payments Other Charges (Not part of your weekly payment) Total of Payments Lease Signing or (The amount you will have Delivery Your fast weekly payment of $105.00 is due Disposition fee (If you do paid by the end of the Lease) on 04/28/06 followed by 155 payments of not purchase the Vehicle) $0.00 (Itemized below)* Pt M.oo diir nn Fridav of Park a Ac Th . $0.00 $1,700.00 I total of your weekly payments is $16,380.00 $0'0 Total $0.00 $17,870.00 *Itemization of Amount Due at Lease Signing or Delivery A. Amount due at shoring or delivery: B. How the amount due at lease signing or delivery will be paid: L Capitalization Cost Reduction $456.74 7. Refundable Security Deposit +$0.00 1. Net trade-in allowance $200.00 2. Sales Tax on Cash Doom Payment +$94.66 8. Title Fees +$22.60 2. Rebates and not-cash credits +$0.00 3. Sales/Use Tax +$0.00 9. Registration Fees +$66.00 3. Amount to be paid in cash +$1,500.00 4. Optional MBP +$0.00 10. State and Doc Fees +$55.00 5. First Weekly Payment +$105.00 11. Acquisition Fee +$795.00 6. Pren aid Rentat Payment +5105 Oft _ Total =$1,700.00 Total =$1,700.00 C. Your Weekly Payment is Determined as Shown Below ($13,321.40 ) and any items you pay over the lease term (such as addition to the depreciation mad any +$5,341.82 service contracts, insurance and any outstanding prior credit or lease $13,321.40 amortized amounts. balance). 2. Capitalized cost reduction. The amount of any net Trade-in 7. Total base weekly payment. The allowance, rebate, non-cash credit or cash you pay that reduces the -$456.74 depreciation and any amortized amounts plus =$15.027.48 3. Adjusted capitalized cost. The amount used in calculating your 8. Lease payments. The number of base weekly payment. =$12,864.66 payments in your Lease. (This is also the number of weeks in your Lease) 156 4. Residual Value. The value of the Vehicle at the end of the Lease 9. Base Weekly Payment: =$96_33 used in calculating your base weekly payment -$3,179.00 e _n ..........:..a........a .. _.....;........ ..... era... ,.«..........ti,...-....a an cv....a.w. _.a....,........... .a.a•o c?_ for the Vehicle's decline in value through normal wear and tear and for other items paid over the Lease term. =$9.685.66 11. Total weekly payment: =$105.00e EARLY TERMINATION. You may have to pay a substantial charge if you end this Lease early. The charge may be up to several thousand dollars. The actual charge will depend on when the Lease is terminated. The earlier you end the Lease, the greater this charge is likely to be. Excessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and for mileage in excess of 15,000 miles per year at the rate of 0.12¢ per mile. Purchase Option at End of Lease Term. You have the option to purchase the Vehicle at the end of the Lease term for S3,179.00 and a purchase option fee of $250.00. The purchase option price does not include official fees such as those for taxes, tags, license and registration. Other Important Terms. See your Lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, insurance, and any security interest, if applicable. "e" means estimate US 99W-DISC F (04105) 02005 BANCONSUMER SERVICE, INC. Page 1 of 5 LESSEE'S INITIALS ? CON6UMER PAPER Lease Date: April 21, 2006 CLOSED-END MOTOR VEHICLE LEASE WEEKLY PAYMENT LEASE CONSUMER CREDIT TRANSACTION 1. Parties and Agreement to Lease Lessor Name and Business Address Lessee(s) Name(s) and Residence Address (es) HARRISBURG TOYOTA BROOKE D SHEAFFER 6060 ALLENTOWN BLVD 113 S ARCH STREET HARRISBURG, PA 17112 I MECHANICSBURG, PA 17055 County: N/A You are the Lessee(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement (the "Lease") to the Assignee named in Section 18. Prior to the assignment, any reference in this Lease to "ire," "us" or to "Lessor" shall mean the Lessor named above. However, under the Federal Consumer Leasing Act, both we and the Assignee named in Section 18 are considered "Lessors." Except for this required disclosure, the Assignee will have no rights or obligations as a Lessor on this Lease until it is assigned. Then, any reference to "we," "us" or to "Lessor" shall mean the Assignee. Each of you who signs the Lease is individually liable to us for all Lease obligations. You are leasing the Vehicle described below (the "Vehiele'? from us. You agree to pay all amounts due under the Lease and fulfill all your obligations under the Lease. You intend to use the Vehicle primarily for personal, family or household purposes unless the "Busine"ss, Commercial or Agricultural Purposes Lease" box above is checked. In this Lease, "e" means an estimate. 1 2. Description of the Leased Property (The "Vehicle') Used [XI Year 2002 Make NISSAN Model QUEST-V6 No. of Cyl. 0 Style Vehicle Identification Number VAN SE 4N2ZN16T62D817661 Odometer Mileage 58,906 Equipped With 3. Description of the Trade-in Vehicle I Year: 1999 Make: FORD Model: WPMSTAR Gross Amount of Trade-in Allowance: $200.00 Prior Creditor Lease Balance: $0.00 Net Trade-in Allowance (See Item B 1 on Federal Consumer Leasing Act Disclosures) (If less than zero, enter zero) =$200.00 4, Lease Payment Terms (See Federal Consumer Leasing Act Disclosures) You agree to pay us a Total Payment of $17,870.00 as follows Upon Lease Signing or Delivery you will pay a total of $1,700.00 which includes your first Weekly Payment of $105.00 and which may include the value of a Trade-in Vehicle, if any, plus Other Charges totaling $0.00, followed by 155 weekly payments due on Friday of each week. You may also be charged for excessive wear based on our standards for normal use and mileage in excess of 15,000 miles per year at the rate of 0.12¢ per mile. 5. Itemization of Gross Capitalized Cost (See Item C1 on Federal Consumer Leasing Act Disclosures) Agreed upon value of Sales Tax Mechanical Breakdown GAP Protection Prior Credit or Lease Other (Balance of fees) the Vehicle (Including Luxury Tax) Protection Balance $13,321.40 $0.00 $0.00 $0.00 $0.00 $0.00 6. Fees, Charges and Warranties A. Official Fees and Taxes. The total amount you will pay for official and license fees, registration, title and taxes over the term of your Lease, whether included with your weekly payment or assessed otherwise: S1,590.78e. The actual total of fees and taxes may be higher or lower depending on the tax rates in effect or the value of the leased property at the time a fee or tax is assessed t& warranties. t he vehicie is subject to the following express warranties: tf the venicie is new, the vehicie is suoiect to the manufacturers standard new car warranty. [X] If this box is checked, the Vehicle is subject to the following express warranty or guarantee: Auto Trakk Warranty included on separate Documentation. If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. I f we make a written warranty covering the Vehicle or, within 90 days of the Lease Date we extend a service contract covering the vehicie, this disciaimer wiii nor affect any impiied warranties during tine term of the warranty or service contract. USS98W-2-1 F ("05) 92005 BANCONSUNER SERVICE, INC. DC, DE, ML ON, PA, VA, WV a LESSEE'S INTTIAL9 Lease Date: April 21, 2006 Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER 1 15. Other Terms and Conditions A. Your Gap Liability and Crap Waiver. You are not liable for the "GAP amount." The "GAP amount" is the difference, if any, between: (i) the amount you owe at early termination of the Lease as of the date of a total loss of the Vehicle caused by its theft or physical damage, or the amount which would have been owed had we not waived such obligatirm; and (ii) the sum of any unpaid rent payments and other unpaid charges arising from your failure to fulfill your obligations under the Lease That had accrued before the date of the loss; and the actual cash value of the Vehicle on the date of MCC Tfvnll have. maintAln&A inQttA,1CP. ac rmtlirM Ili d- th,c T p,,,CP. "ACn1,At -A 'A W, 4,41 hn- ?n, .. C me.. mmnlna AC nnrter vmir nhv5li-l tram AYP. 1nC -nrP. nn71F.v B. Official Fees and Taxer, Registration and Parking Tickets. We own the Vehicle. You must keep the Vehicle currently assigned in our name. You are leasing the Vehicle, and have no rights to it except to use it as permitted by this Lease and to exercise your purchase option. You must pay all parking tickets and traffic fines relating to the Vehicle and a Ticket Processing Fee of $25 for every summons issued to us in connection with the Vehicle, whether or not you are found at fault. If you do not pay such tickets and fines, you authorize us to do so for you and in your name, and you will repay us these amounts on demand. You agree that you do not have the right to, and will not, revoke the power you have given us to pay su ch tickets and fines. You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Lease and by law. We may add the amount to what you owe us if you do not pay us when we make demand. You must pay nk'^^ Ane .1r reimhllreA 11e :f w1 .- -?t- f 1.n11 +11 nnva..lmAnt rllern..+ f!t! en,1 ,owns nr,nN1K acre++.v1 nn -n% n+ "r 1!,a VPr1:r1. Vn11 nnd,!re'+n6 t?!t tht. t+v.e'ni+nlnc..i ;n th:e S "!e - ne, ;---. - eA and you agree to pay any such increased amount. You will not have to pay our income taxes. if you do not pay the charges, fees and taxes, and interest or penalties are assessed (unless the interest or penalties are a result of our negligence), you must pay the interest or penalties when due or reimburse us if we pay then. You must pay personal property taxes assessed on the Vehicle, whether you are billed for them by the government or whether we pay them and bill you for them or Include the amount of such taxes as pail of your weekly payment. This paragraph will survive termination of this Lease. If you move the Vehicle to another state and re-registration is required, you agree to re-register the Vehicle and pay all costs and expenses of registration, and you agree to pay any increased sales taxes ...•A 1..... VY4 ., .•..w ..F............1.1.. ......?.=t V: u -11-.': pay,--= .?-:.:::"w. .. C .?. cf!5n. !Zp?y Fen .. .......,.. . ::: ?: ea ...... •.... C. Returned Qneck Charge If Any check you give us in payment of any obligation under this Lease is dishonored or returned for any reason, you agree to pay a returned check fee of $20, but if applicable law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount. D. Use of the Vehicle. You will keep the Vehicle permanently garaged at the address shown in this Lease. You will keep the Vehicle free from any liens or claims. You have the risk of loss, and are responsible for the Vehicle's damage or destruction. You will not allow unlicensed drivers to drive the Vehicle. You will not use the Vehicle for more than 30 days outside the state where the .1, p+r Z, 'r, r.,., .,. move the Vehicle to another state. You will not use the vehicle for any commercial or agricultural purpose. E. Acknowledgement. You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you wart, that it has no mdsshrg parts and that it Is in good condition and the odometer mileage is as shown in Section 2. You accept the V eldcle for all purposes of the Lease. You flusher acknowledge you have taken delivery of the Vehicle . F. Odometer. You are required to maintain accurate mileage records of your usage o£the Vehicle. Normally, usage is determined solely by the odometer in the Vehicle. However, if the odometer snuuiu oroak fur any rnasun, you must iuuuaeiiaicq repair u rap imm tiro miumoin- anti ire abia w lavviua as whir prupe supporting uoeummauiou to iuuiumou tiro vain acrd m6mKo wino lime W"110tor failed and the date when it was repaired or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you agree to pay the amount we estimate the Vehicle's market value has been reduced by reason of additional miles not reflected an the odometer, the inability to determine the Vehicle's actual mileage, or both. This paragraph will survive termination of the Lease. G. Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the time of Lease temrination, whether or not the Vehicle is returned to us. This certification is needed so that we can transfer ownership of the Vehicle. Failure to certify the mileage or making a false statement may result in fines and/or imprisonment. You must certify that mileage even if you buy tnc vehicle. if we transfer titie to me vcincie and proviue incorrect ocomewr mr.ormarion, eimor because you uid nor proviue a certineation to us or you mane a raise statement, to rue extent not prohibited bylaw, you are not Bable for and will indem * us against any clshns, damages, penalties, fines or losses, Including our court casts and attorneys' fees, which we may Incur In connection with your failure to comply with the law. Attorneys' fees and court costs will not be imposed in Ohio. This paragraph will survive termination of the Lease. H. Indemnification. You agree to indemnity us and hold us and our assignees, agents, and insurers harmless, to the extent not prohibited by law, from all damages, Injuries, clafnrs, demands, and expenses, including reasonable attorneys' fees, arising out of the condition, maintenance, use or operation of the Vehicle, including a claim under the strict liability doctrine. No attorneys' fees will be unposed In Olio. L Assignment of Returned Premiums and Other Amounts. You assign to us any unearned returned premiums or charges or other amount relating to insurance or any optional product or service sold in correction with this Lease and returned or paid to us. You will earn no interest, increase or profit with respect to such property. J. Waiver. If we fail to exercise any right or remedy at anytime, we do not waive the right to do so at a late time. K. Giving Notice. Notice may be given personally or sent by first class mail to the address shown on Page 1 of this Lease. Notices shall be deemed given to us when they a re personally given or actually received at our address shown in Section 1 or as we otherwise direct from time to time. Notices shall be deemed given to you when they are personally given or when placed in The mail, addressed to you at your address then shown on our records, even though you might not actually receive the mailed notice. You agree that 10 days' notice is a reasonable notice period, unless state taw requires a longer period, in which case you agree that the state required period is reasonable. L Assignment and Transfer of the Vehicle. YOU MAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHOUT PRIOR WRITTEN PERMISSION. We may assign all of our rights under this Lease. The person to whom we assign our rights may reassign them. You may not assign your rights or obligations under this Lease. You agree to render performance of your obligations to the original Lessor and, upon receiving written notice of any assizimTent, to the Assignee or any subsequent assignee. M. General. This Lease is the entire agreement between you and us. We have not made any promise to you that is not in this Lease. Any change to this Lease must be in writing that is signed by you and us. If any provision of this Lease is found to be void or unenforceable, this Lease is to be read as if that provision were never contained in this Lesser. N. Governing Law. If any part of this Lease is invalid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not be effective as to that jurisdiction. 'Merest of the Lease will be enforceable. Federal law governs some aspects of this Lease. State law also governs this Lease. If you lease the Vehicle primarily for personal, family or household purooses, the law of the state in which you reside will Govern The Lease and the interpretation of the Lease. unless applicable law oermnts you and us to spe6fv the law of the original Lessor's state as the governing law, in which case, the law of the original Lessor's state will govern the Lease and the interpretation of the Lease. If this Lease is not primarily for personal, family- or household purposes, you agree that the laws of the state in which the original Lessor does business, as shown in Section 1, gall govern this Lease and your obligations. 62005 BANCONSUMER SERVICE, INC. USS98W-2-1 F (OMOS) DC, DE, W, OH, PA, VA, WV op. f LESSEE`S INTIAL3 Lease Date: April 21, 2006 Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER 9. Standards for Wear and Use When you return the Vehicle at the end of the scheduled Lease term (including any extension), you are liable for charges for excess wear and use. The following standards apply for determining unreasonable or excess wear and use: The Vehicle must be able to pass any inspection required by law, even if an inspection is not then due. The Vehicle must have matching tires (not retreads) comparable to those on the Vehicle when it was delivered to you, with at least 1/8" of tread remaining at the lowest spot. The engine, drive train, odometer, and other mechanical and electrical parts shall operate and not be damaged. There must be no scratches, dents, pits, rust areas, mismatched paint or cracks in or on the fenders, bumpers, grills, hood, trunk, roof or doors. No special identification or decal will appear on the Vehicle. There must be no rips, tears, bums soiling or excessive wear in the carpet, seats, doors, headlining or dashboard. The windows, lenses and lights shall not be cracked or broken. The Vehicle Identification Number in Section 2 must not have been altered or defaced. There must be no frame or suspension damages. We determined the amount of your base weekly payment, in part, on the mileage shown in Section 4, "Excessive Wear and Use." Unless you buy the Vehicle at the end of the Lease tern, you will return it to us in the condition in which you received it, except for reasonable wear and use. 10. Maintenance You will maintain the Vehicle in good working order and repair. You will pay all operating costs, such as gasoline, oil, and replacement tires. You will, at your expense, service the Vehicle according to the owner's manual maintenance schedule. If the Vehicle is recalled, you will have the recall repairs or service performed. You will return the Vehicle I 11. SecurityDeposif I Unless required by law, we do not keep the security deposit separate in a bank or earmarked on our books. We may apply some or all of the security deposit to what you owe. Any unused security deposit will be returned to you at the end of the Lease. We have no fiduciary duty to you with respect to the security deposit. No interest, increase or profit on the security deposit will accrue or be paid to you; for a West Virginia lessee who enters into a lease with a lessor who is a nonresident of West Virginia, any security deposit will be kept in a bank or trust in West Virginia and interest, in any, that accrues will be paid to you or applied to what you owe under the lease. 12. Option to Purchase Vehicle at Lease Termination You have an option to buy the Vehicle at the end of the lease term. The price will be $3,179.00 plus a purchase option fee of $250.00, plus any other charges due and unpaid under this Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 days' notice in writing of vour intent to buv the Vehicle. 1 13. Default, Repossession and Other Remedies You will be in Default it: • You fail to make a weekly payment when it is due; • You fail to pay any amount you owe under the Lease when it is due or when demand is made; • You provide any false or misleading information in any lease application; • You fail to maintain the required insurance; - You lose possession of the Vehicle by confiscation, forfeiture or other involuntary transfer regardless of whether the Vehicle is the subject of judicial or administrative proceedings; • You exceed the permitted mileage shown in Section 4; • You or your property become subject to bankruptcy proceedings; • You die and there is no surviving lessee; • The Vehicle is lost, stolen or damaged beyond repair; • You assign the Lease or transfer the Vehicle; • You fail to keep any other promise or obligation under the Lease or violate any other term of the Lease. If you Default we may, but are not required to, take action to protect our interest in the Vehicle (such as buying insurance). Our action does not cure y on default Amounts we spend taking such action will be added to your Lease obligations and will bear lease charges, if permitted by law. If we end this Lease because of Default, you authorize us to cancel any MBP or other optional product or service you bought in connection with this Lease and to receive any refund or credit due upon such cancellation to apply to amounts you owe. After giving any notice required by law, and subject to any waiting periods imposed by law, we may peaceably repossess the V ehicle wherever we may find it. You authorize us to enter onto any property where the Vehicle may be to take possession of it and remove it. We may use the license plates on the Vehicle in moving it to a _...?..?_ ?l__.. ? p.. -.... ?_. .. _..___ uL? T1..L_..1? -.._ -.ill L..l] .. Gam.. _C .. ?.. ..:..La.. -..... -'- arar?. ? _Ti.+?.u___ _ L. _ LAY.. ..? ]4ra? ui?. au rr a_ _ ? ? vi.ruiia v. "b., r.,..,,.,. , ,.......,, ..,Y.,.,.,...,., ..,....,... ?.., n .................. ... "..I nab...., y.,...,."? .::.:c. u=., ,,., sw ?:..,..., :...J g... y as ?."1 . or redeem the Vehicle. Unless you tell us within 48 (lours of any personal property you claim was in the Vehicle when it was repossessed, we will not be responsible for that property. This Section 13 will survive termination of this Lease. You acknowledge receipt of an On Time Payment Protection System Disclosure Statement and Instruction Guide. As described in the Guide, the Vehicle has been equipped with a device that is part of the On Time Payment Protection System. This device acts as a starter interrupt if you do not enter a payment code into the key pad after you make each weekly payment. In addition to our other rights and remedies upon Default, if you fail to make any weekly payment when due, or if you do not enter a correct payment code into the keypad, the device will make the vehicle unable to start. The Vehicle will not start or operate until a correct payment code is entered into the key pad. f 14. Optional Products and Services You are not required to buy an optional products and services to enter into the Lease. The term of any product or service will be the Lease term, unless a different term is shown to the right. If you decide you want to buy an optional product or service, review the terms of the contract which describes the product or service before you initial to the right. A comDleted couv of the contract will be given to you as soon as Dracticable. By initialing to the right, you indicate that you want to buy the optional products and services indicated If the cost shown is not shown as part of the "Itemization of Amount Due at Lease Signing or Delivery," it has been added to the "Gross Capitalized Cost" (see the Federal Consumer Leasing Act Disclosures.) Optional Mechanical Breakdown Protection ("MBP") Term _ Lessee's Initials Coverage Optional Service Contract Term or Extended Warranty Term Lessee's Initials Coverage Optional Gap Protection Term Lessee's Initials Gap Provider- USS98W-2-1 F(04/05) 02005 BANCONSUMER SERVICE, INC. DC, DE Mt, ON, PA, VA, WV Page LESSEE'SINMAIS Least; Date: April 21, 2006 Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER 6. Fees, Charges and Warranties (continued) C. Late Payments. No late charge will be assessed or collected when the only delinquency is late charges assessed on an earlier delinquency. The charge for late payment is 5% of the base weekly payment for any payment not received within 4 days of the date it is due. No late charge will be imposed in West Virginia. D. Disposition Fee: $0.00 If you do not buy the Vehicle from us under your purchase option, you agree to return the Vehicle to us at the end of the Lease term at a place we designate. You will return the Vehicle in clean condition. When you return the Vehicle, you must give us a completed, signed odometer disclosure statement. You agree to pay us any amounts you owe under the Lease and have not paid. We may apply all or part of your security deposit to what you owe us. If you keep the Vehicle after the date you are supposed to return it, you will pay us a weekly amount equal to the total weekly payment and other amounts that may come due. Your payment does not permit you to keep the Vehicle unless you get our permission in advance. You will pay us upon return of the Vehicle, the disposition fee shown here. E. Early Termination Purchase Option Fee: $750.00 You have an option to buy the Vehicle prior to the end of the term. 1'he price will be the adjusted lease balance (see Section'/) plus the barly 1'ermrnation Purchase (Vtmon Pee shown here, plus any other charges due and unpaid under the Lease. You must also pay any taxes or fees imposed on our We of the Vehicle to you. You must give us 30 days' notice in writing of your intent to buy the Vehicle. F. Early Termination Fee: $250.00 (i) You may terminate (end) the Lease before the end of the Lease term under the following conditions: If you are not in Default under the Lease you may end the Lease by returning the Vehicle to us and paying us, within five business days of the date we make demand, your early termination liability (see Section 7). (ii) We may end the Lease before the end of the Lease term under the following conditions: If you are in Default, we may end the Lease. You must return the Vehicle to the place we designate. You must pay us, within five business days of the date we make demand, your early termination liability (see Section 7). 7. Terms concerning Early Termination Upon early termination you agree to pay the following charges: • An Early Termination Fee as shown above in Section 6; • Any unpaid weekly payments and other amounts then due; • Any official fees and taxes imposed in connection with termination; and • The amount by which the adjusted lease balance exceeds the Vehicle's realized value at termination. If we have to take possession of the Vehicle from you, you will pay us the amount we have to pay for expenses in doing so. If -Ae have to store the Vehicle and pay storage charges, you will pay us the amount of the storage charges. We will apply some or all of your security deposit to what you owe. we figure your adjusted Lease baiance, which is the balance subject w the iease charge, using the "ievei yieid method," "Levei yieid method" means, m T:ne case of a weeidy payment lease, the method of determining the lease charge portion of each base weekly payment under which the lease charge for each week is earned in advance by multiplying the level rate implicit in the Lease times the balance subject to lease charge as it declines during the Lease berm. At any given time during the Lease term, the adjusted lease balance is the difference between the adjusted capitalized cost and the sum of. (a) all depreciation amounts accrued during the previous weekly periods, and (b) the first base weekly payment. The periodic lease charge calculations are based on the assumption that we will receive your payments on their exact due dates and that the Lease goes to its full tern. The realized value of the Vehicle is: the price we receive for the Vehicle at disposition; the highest offer we receive for disposition of the Vehicle; or the fair market value of the Vehicle at the end of the Lease tem2. We will add to the amount you owe us what it costs us to pay someone to dispose of the Vehicle, for example, an auction fee. To the extent your early termination liability takes into account the value of the Vehicle at terminatio n, if you disagree with the value we assign to the Vehicle, you may obtain, at your own expense, and within 10 business days from Lease termination from an independent third party agreeable to you and us, a professional appraisal of the wholesale value of the Vehicle which could be realized at sale. We will then use the appraised value as the realized value. If we have to pay someone to help us collect the amount you owe us, we will add the amount we have to pay to the amount you owe us, to the extent p ennitted by law. This may include reasonable attorneys' fees and court costs, if permitted b law. Attorneys' fees and court costs will not be imposed in Ohio. 8. Property Insurance You agree to maintain, in your name, the following type and amounts of primary insurance for the Lease term and until you return the Vehicle: Public liability ins<rance with coverage limits of at least $100,000 if one person is injured and $300,000 if more than one person is injured; uninsured motorist coverage; property damage liability insurance with coverage of at least $50,000; collision and comprehensive fire and theft with a deductible amount of not more than $500. You can obtain insurance at your expense through any agent, broker or insurer of your choice. This required insurance must be in effect before you take delivery of the Vehicle and may not be cancelled until after you return the Vehicle to us. The insurance company and the policy must be reasonably acceptable to us. The policy must provide us with no less than 30 days' written notice of cancellation c__ any _""_-" w`llioicwn, ask, you must furnish us with satisfactory evidence that the required insurance ism effect You must notify us and the insurer within 48 hours of any event causing loss. You must cooperate fully with us and the insurer in providing full, complete and accurate information about the loss. If the Vehicle is damaged and you fix it to our satisfaction, we will pay you any insurance proceeds we have received if you are not then in Default. You authorize us to file a proof of loss if you do not, and to sign your name to any check or draft representing insurance proceeds. You agree that you do not have the right to, and will not, revoke the power you have given us to file a proof of loss and the power to sign your name to a check or draft representing insurance proceeds. You agree that we may exercise these powers for our benefit and not for your benefit, except as provided in this ... 1..... .?..uw. ar.1 by v? au rr. Physical Damage and Liability Insurance. You have obtained the insurance that is required for this Lease. NAME OF AGENT: TELEPHONE #: INSURANCE COMPANY: INSURANCE INFORMATION ON SEPARATE DOCUMENTATION CONFIRMATION NOTTCFe PHVSTCAT. nAMAC-V OR T.tARn.TTV IWMANCF. C.0VRRAGF FOR ROMIN TNJURV ANTI PROPFRTV nAMAGR TO OTTTFRR M NOT TNTR.TrnF.n IN THTC TNARF. USS98 W-2-1 F(04105) 02005 BANCONSUMER SERVICE, INC. DC, DE, MI, OIL PA, VA, WV LESSEE'S INMAr S Lease Date: April 21, 2006 Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER M Other Term and Conditions (conr'inaeg* 0. Agreement to Arbitrate Disputes. If you sign this Lease, you agree to arbitrate disputes and you give up some rights. A "Dispute" is a controversy of claim (other than a claim relating to the possession, repossession or replevin ofthe Vehicle) arising from or relating to this Lease, its negotiation or breach, the sale, purchase or financing of the Vehicle involving any Buyer, Co-Buyer, Co-Signer, Guarantor, Seller, Assignee, or any agent, employee, surety bonding company or insurer of any of these persons. If a Dispute arises and cannot be settled by discussion, the parties shall first try to settle the Dispute amicably by mediation by the American Arbitration Association (the "AAA'j under its Commercial Mediation Rules. Any Dispute unresolved by mediation shall be a rbitrated pursuant to this paragraph. Any party may demand arbitration in writing by notice to the other party, naming the arbitrator of the party demanding arbitration, and stating the matter in controversy. Within 30 days after such demand, the other party shall name an arbitrator. If the other party does not name an arbitrator, such arbitrator shall be named promptly by the AAA's Arbitration Committee. The two selected arbitrators shall name a third arbitratof within 15 days. If the two selected arbitrators cannot agree on a third arbitrator, a third arbitrator shall be appointed by the AAA's Arbitration Committee. The non-prevailing party shall pay, and the arbitrator shall award to the prevailing party all of the prevailing party's arbitration costs and expensm including reasonable attorneys' fees. The arbitration hearing shall be held in the county in which the original Lessor is located, an 30 days' notice to the parties under the AAA's Commercial Arbitration Rules. The hearing shall be cone luded within 120 days unless otherwise ordered by the arbitrators. The award shall be made within 30 days after the close of the submission of evidence. An award by a majority of the arbitrators shall be final and binding on all parties to the proceeding. Judgment on the award may be entered by either party in the highest local, state or federal court or before any administrative body. This arbitration provision shall, with respect to such dispute, survive the termination or expiration of this Lease. Nothing in this Lease shall be deemed to give the arbitrators any authority, power or right to alter, change, amend, modify, add to or subtract frora the provisions of this Lease. No class action arbitration may be ordered under this provision and there shall be no joinder of parties, except for joinder of parties to the same Lease. To the extent permitted by law, the arbitrator shall have no authority to award punitive damages in any Dispute. The parties agree that the transactions relating to this Lease involve interstate commerce and that this Lease shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. Sections 1- l6, as amended. 1 16. Notices NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ ALL PAGES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE. NOTICE: READ THE FEDERAL CONSUMER LEASING ACT DISCLOSURES THAT HAVE BEEN GIVEN TO YOU SEPARATELY BEFORE SIGNING THIS LEASE. Your sitmature(s) on this Lease acknowledges receipt of the Federal Consumer Leasing Act Disclosures. 17. Lessee Signatures (check if other than individual(s) (J Corporation [ J Partnership [ J LLC or LLP ( J Sole Proprietorship Lessee Signature Lessee Signature Type/Print Lessee Name BROOKE D SHEAFFER U Type/Print Lessee Name 18. Lessor's Acceptance and Assignment Lessor Name: HARRISBURG TOYOTA Assignee Name: Lycorning Auto Trust By: Type/Print Name: f xl?is Type/Print Title: fAM t.< 04cd_ The Lessor's authorized signature indicates the Lessor has accepted the tents, conditions and obligations of the Lease as follows: Lessor's Assignment. Pursuant to the terms of that certain agreement between Lessor and the Assignee named above ("Assignee") for the assignment of leases by Lessor to Assignee from time to time, Lessor hereby assigns all right, title and interest in the Lease and the Vehicle and rights the Lessor may have under any guaranty executed in connection with the Lease, with full powers to Assignee to collect and discharge all obligations, any guaranty and assignment. 19. Lease Guaranty 1(the Guarantor(s) signing below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement (the "Lease") dated as of the date below. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full performance by Lessee of all promises, terms and conditions of the Lease (collectively the "Liabilities'). If an Event of Default occurs under the Lease, I shall pay immediately any amounts due from the Lessee or take any action required of the Lessee under the Lease. My liability under this Guaranty is primary and will not be affected by any settlement, extension, renewal or modification of the Lease or by the discharge or release of the Lessee's obligations, whether or not by operation of law. I waive all damages, presentments, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expanses) you pay or incur in trying to collec t all or any part of the Liabilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty. After assignment of the Lease, this Guaranty may be modified or terminated only with the Assignee's prior written consent. Any parts of this Guaranty which conflict with any statute, rule or law, shall be deemed null and void to the extent of such conflict but without affecting the rest of this Guaranty. If more than one party signs this Guaranty, each is jointly and severally obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor under this Guaranty. Signed in the presence of: Signature of Guarantor Date Signature of Guarantor Date USS98W-2d F (04/05) 02005 11ANCONS1MIRR SERVICE, INC. DC, DE, MI, OH, PA, VA, WV VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Lucrecia Skellenger of the legal and litigation department of Autotrakk, plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. ( ignature) 0 ? h R? G xr c Q C:o F ro N p?.? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06883 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LYCOMING AUTO TRUST VS SHEAFFER BROOKE D 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 SHEAFFER BROOKE D but was unable to locate Her COMPLAINT & NOTICE in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT SHEAFFER BROOKE D 148 SPRING ROAD CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So a Docketing 18.00 Service 4.80 _ Not Found 5.00 Surcharge ^ 10.00 .oo ?,??J ?('? 37.80 Sworn and Subscribed to before me this day of R. Thomas Kline h riff of Cumberland County ELTMAN WEINBERG REIS 11/19/2007 A. D. Nov 16 2007 9:34 CRRLISE POST OFFICE 7172435990 P.1 Nov.15. 2007 5:15PM Cumberland Co. Sheriif R. TMOMAB WW Now EMARO L. SOMMP 80kar TO. Address Information Request Mesa, fimlbh this agency with the now address, if available, for the Ubwlnt individual or verify wbedw the &Men given below is one at wbiah rmil for tbla iadlvi" is eonady be ft delive wd. If the following address is a pose office box, please fi nisb the siseet address as noorded an ties box bolder's appliaadw ibsm, ,p Nam Y? ?©° ? E /?• s?G?i9- ?"?E/2 Ian Known AA&=s: ?y t3 s??? ?- ?D I encfify floe address infomastion for this itidiridual is xeQ *cd ft the pambsmeme of ibis ag=y's ofi3oial dada. (Si of Ageney Official) (Tyt1e) • I?MA-&a is dslivo to address given () Not Known at Address Given () Moved, Left No Farwardiag Address () No Such Address () odd (Speedy) Agency Reti M Addreaa of RL Unrbert$ OFFICE OF THE SHERIFF Ors U&Mou" Square Cafftls, Psnnaylwtnla 17013 RONW IL Ml0ER90N chw Deputy JODY & skirm Rsd Estate Deputy . 6 ,.3 rossmester aea? Control NWK7 Da", ! ( For Post Me U n Only New Addteu Box boldrls S Addis Y0somta M&te Stamp No, 8446 P. 3 Please Max results to the Cumberland Con* Sheriffs Me& Number (717) 2404397 Addrow Information Request (Requited founat) Exbsbit 351.44b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION L.YCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC Plaintiff vs. BROOKE D SHEAFFER Defendants No. 07-6883-CIVIL PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06230251 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC Plaintiff vs. Civil Action No. 07-6883-CIVIL BROOKE D SHEAFFER Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: y A William T.-Nfoldzan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #06230251 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff vs. BROOKE D. SHEAFFER Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06230251 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff No. vs. BROOKE D. SHEAFFER Defendant COMPLAINT IN CIVIL ACTION AND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 r COMPLAINT 1. Plaintiff is a corporation with offices at 342 Fairfield Road, Montoursville, PA 17554. 2. Defendant is an adult individual residing at 148 SPRING ROAD, CARLISLE. PA 17013 . 3. On or about April 21, 2006, the parties entered into a written Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2002 Nissan Quest, more particularly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit "1" and made a part hereof. 4. The Lease Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Lease Agreement. 5. By the terms of the Agreement, Defendant was to make 155 payments of $105.00, commencing April 21, 2006, and to pay certain license fees due at the inception of the lease and during the lease term. 6. The terms of said Agreement provide for termination upon satisfaction by Defendant of all obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end of the lease tern, which term would end 155 weeks after it commenced. 7. Plaintiff avers that Defendant defaulted under the terms of the Lease Agreement by failing to make payment to Plaintiff as promised. 8. Due to the Defendant's default under the Agreement, Plaintiff exercised its right to terminate the Lease. 9. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance of $4,826.76 as of November 8, 2007 is due from Defendant. 10. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 11. Plaintiff avers that such attorneys' fees will amount to $500.00. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance, interest, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Brooke D. Sheaffer individually, in the amount of $4,826.76 with continuing finance charges thereon at the rate of 6.0% per annum from the date of judgment plus attorneys' fees of $500.00 and costs; or in the alternative, an order directing the parties to arbitrate this dispute pursuant to the terms contained in the Lease Agreement. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. i William T. Mol6an, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06230251 LESSEE".S INITIALS- I-_ Federal Consumer Leasing Act Disclosures Date: April 21, 2006 ----------- - Lessor: HARRISBURG TOYOTA 6060 ALLENTOWN BLVD Lessee(s): BROOKE D SHEAFFER HADDTSBUR - DA 17117 113 S ARCH STREET ' - A?TF?'T-TAATT(`C TIT TD (': DA 1 711ff These disclosures are made in connection with and are part of a closed-end mo tor vehicle lease dat d A e pril 21, 2006 entered into between Lessor and Lessee. Amount Due at Weekly Payments Lease Signing or Other Charges ?of part of your weekly payment) Total of Payments Delivery Your first weekly payment of $105.00 is due Disposition fee (If you do (The amount you will have paid by the end of the Lease) (Itemized below)' on 04/28/06 followed by 155 payments of not purchase the Vehicle) $0.00 P,1 a , an rl„e nn Frirlav 0f eArth WPPk The. $0.00 $1,700.00 total of your weekly payments is $16,380.00 Wou L I Total $0.00 I S17,870.00 A. Amount due at stpntnz or delivery; *Itemization of Amount Due at Lease Signing or Delivery B. How the amount due at lease sirpl?np or deliverv will 1. Capitalization Cost Reduction 2. Sales Tax on Cash Down Payment $456.74 7. Refundsble security Deposit +$0.00 be paid; 1. Net trade-in allowa 3. Sales/Use Tax +594.66 +S0.00 8. Title Fees 9. Registration Fees +$22.60 nce 2. Rebates and non-cash credits $200.00 +50 00 4. Optional lvlBP 5. First Weeldy Payment +$0.00 10. State and Doc Fees +S66.00 +$55.00 3. Amount to be paid in cash . +51,500.00 6. Prepaid Rental pavment +5105.00 +S705.00 11. Acquisition Fee +5795.00 Total =51,700.00 Total -51,700.00 C. Your Weekly Payment is Determined as Shown Below . ?...,... .,.. ;.w..., :y;;,.. ($13,321.40 ) and any items you pay over the lease tern (such as ?- service contracts, insurance and any outstanding prior credit or lease a the addition to the d epreciation and any balance). $13,321.40 amortized amounts. 2. Capitalized cost reduction. The amount of any net Trade-in allowance, rebate, non-cash credit or cash you PRY that reduces the 7. Total base weekly payment The •_ , -$456.79 depreciation and any amortized amounts plus 3. Adjusted capitalized cost. The amount used in calculat m8 Your c r "` base weekly payment, 8. Lease payments. The number of 4. Residual Value. The value of the Vehicle at the end of the Lease used in calculating your base weekly payment for the Vehicle's decline in value through normal wear and tear and for other items paid over the Lease term. =$12.864.66 payments in your Lease. (This is also the number of weeks in your Lease) X3,179.00 9. Base Weekly Payment: =$9,685,66 11. Total weekly payment: +$5,341.82 =$15.027.48 156 =$96_33 =$105.00e EARLY TERMINATION. You may have to pay a substantial charge if you end this Lease early. The cha a ma be u to several thousand dollars. The actual charge will depend on when the Lease is terminated. The earlier you end the Lease, the greater this charge is likely to be. Excessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and for mileage in excess of 15,000 miles per year at the rate of 0.12¢ per mile. Purchase Option at End of Lease Term. You have the option to purchase the Vehicle at the end of the Lease term for$3,179.00 and a purchase option fee of $250.00. The purchase option price does not include official fees such as those for taxes, tags, license and registration. Other Important Terms. See your Lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, insurance, and any security interest, if applicable. US 98W-DISC F (OMOS) "e" means estimate 02005 BANroNSUMSR SERVICE, INC. CONSUMER PAPER CLOSED-END MOTOR VEHICLE LEASE WEEKLY PAYMENT LEASE Page 1 of S LESSEE'S IWIALS Lease Date: April 21, 2006 CONSUMER CREDIT TRANSACTION 1. Parties and Agreement to Lease Lessor Name and Business Address Lessee(s) Name(s) and Residence Address (es) HARRISBURG TOYOTA BROOKE D SHEAFFER 6060 ALLENTOWN BLVD 113 S ARCH STREET HARRISBURG, PA 17112 I MECHANICSBURG, PA 17055 County: N/A You are the Lessee(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement (the "Lease") to the Assignee named in Section 18. Prior to the assignment, any reference in this Lease to "we," "us" or to "Lessor" shall mean the Lessor named above. However, under the Federal Consumer Leasing Act, both we and the Assignee named in Section 18 are considered "Lessors." Except for this required disclosure, the Assignee will have no rights or obligations as a Lessor on this Lease until it is assigned. Then, any reference to "we," "us" or to ''Lessor" shall mean the Assignee. Each of you who signs the Lease is individually liable to us for all Lease obligations. You are leasing the Vehicle described below (the "Vehicle') from us. You agree to pay all amounts due under the Lease and fulfill all your obligations under the Lease. You intend to use the Vehicle primarily for personal, family or household purposes unless the 'Business, Commercial or Agricultural Purposes Lease" box above is checked. In this Lease, "e" means an estimate. 2. Description of the Leased Property (The "Vehicle") -? Used (? ? Make Mader No. of =VANSIE Vehicle Identification Nber Odometer Mileage QUST-V6 0 4N27N16T62D817661 F 58,906 Equipped With: 1 3. Description of the Trade-in Vehicle Year: 1999 Make: FORD Model: WINDSTAR Gross Amount of Trade-in Allowance: $200.00 Prior Credit or Lease Balance: $0.oo Net Trade-in Allowance (See Item BI on Federal Consumer Leasing Act Disclosures) (If less than zero, enter zero) =$200.00 4. Lease Payment Terms (See Federal Consumer Leasing Act Disclosures) You agree to pay us a Total Payment of 517,870.00 as follows: Upon Lease Signing or Delivery you will pay a total of $1,700.00 which includes your first Weekly Payment of $105.00 and which may include the value of a Trade-in Vehicle, if any, plus Other Charges totaling $0.00, followed by 155 weekly payments due on Friday of each week. You may also be charged for excessive wear based on our standards for normal use and mileage in excess of 15,000 miles per year at the rate of 0.12¢ per mile. 5. Agreed upon value of I Sales Tax the Vehicle (Including Luxury Tax) $13,321.40 $0.00 Mechanical Breakdown GAP Protection Prior Credit or Lease Protection Balance $0.00 $0.00 $0.00 6. Fees, Charges and Warranties Other (Balance of fees) $0.00 A. Official Fees and Taxes. The total amount you will pay for official and license fees, registration, title and taxes over the term of your Lease, whether included with your weekly payment or assessed otherwise: $1,590.78e. The actual total of fees and taxes may be higher or lower depending on the tax rates in effect or the value of the leased property at the time a fee or tax is assessed. IL warranties. true vehicie is subject to the following express wamanties: if tale venicie is new, the vehicie is sugiect to time manuractuter's stanaam new car warranty. P9 If this box is checked, the Vehicle is subject to the following express warranty or guarantee: Auto Trakk Warranty included on separate Documentation. If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BYLAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. I f we make a written warranty covering the Vehicle or, within 90 days of the Lease Date we extend a service contract covering the vehicle, this aisciaimer wiii nor affect any impiied warranties during the term of die warranty or service contract. US398W-2-1 F(04lOS) VA, DC. DE, MI, OH, PA,) W V 02005 BANCONSUMER SERVICE. INC. Itemization of Gross Capitalized Cost (See Item C1 on Federal Consumer Leasing Act Disclosures) Lease Date: April 21, 2006 a LESSEE'S INMALS Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER 15. Other Terms and Conditions A. Your Gap Liability and Gap Waiver. You are not liable for the "GAP amount" The "GAP amount"is the difference, if any, between: (i) the amount you owe at early termination of the Lease as of the date of a total loss of the Vehicle caused by its theft or physical damage, or the amount which would have been owed had we not waived such obligation; and (ii) the sum of any unpaid rent payments and other unpaid charges arising from your failure to fulfill your obligations under the Lease that had accrued before The date of the loss; and the actual cash value of the Vehicle on the date of InQQ Tf Vml hAVP. MAIntAlnrlt jnCllrAnfP. AC rPAl11TYYl IM.lP.I' 1hjQ T PAM "At:h,al CAQh va1.." Qhatl have. the. AAme MPAlline AC ilflllP.f VMir nhVQipAl ItAMAOP. jn All-rP. n IirV R Official Fees and Taxes; Registration and Parking Tickets. We own the Vehicle. You must keep the Vehicle currently assigned in our name. You are leasing the Vehicle, and have no rights to it except to use it as permitted by this Lease and to exercise your purchase option. You must pay all parking tickets and traffic fines relating to the Vehicle and a Ticket Processing Fee of $25 for every summons issued to us in connection with the Vehicle, whether or not you are found at fault. If you do not pay such tickets and fines, you authorize us to do so for you and in your name, and you will repay us these amounts on demand. You agree that you do not have The right to, and will not, revoke The power you have given us to pay su ch tickets and fines. You agree that At may exercise this power for our benefit and not for your benefit, except as provided in this Lease and by law. We may add the amount to what you owe us if you do not y+A".t ,t,.. rpaius when me make demand. You must pay and you agree to pay any such increased amount. You will not have to pay our income taxes. If you do not pay the charges, fees and taxes, and interest or penalties are assessed (unless the interest or penalties are a result of our negligence), you must pay the interest or penalties when due or reimburse us if we pay than. You must pay personal property taxes assessed on the Vehicle, whether you are billed for than by the government or whether we pay them and bill you for them or include the amount of such taxes as part of your weekly payment This paragraph will survive termination of this Lease. If you move the Vehicle to another state and re-registration is required, you agree to re-register the Vehicle and pay all costs and expenses of registration, and you agree to pay any increased sales taxes .PCC=! by-:::,h ..: r."µ cf yam:: PZ7 ..^. .. ... ..?.';.:. ^c::5n «. ^., fc .sw. C. Returned Check Charge. If Any check you give us in payment of any obligation under this Lease is dishonored or returned for any reason, you agree to pay a returned check fee of $20, but if applicable law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount. D. Use of the Vehicle. You will keep the Vehicle permanently garaged at the address shown in this Lease. You will keep the Vehicle free from any liens or claims. You have the risk of loss, and are responsible for the Vehicle's damage or destruction. You will not allow unlicensed drivers to drive the Vehicle. You will not use the Vehicle for more than 30 days outside the state where the ': w.:..,....m ,zee. u::...y ..:u,w: I.;- I" J- Y.....,;: yvu -,..g.nw. u ... ....., ray .::..: - . ;? F- u.:: y..u - move the Vehicle to another state. You will not use the vehicle for any commercial or agricultural purpose. yea E Acknowledgement. You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you want, that it has no condition and the odometer mileage Is as shown in Section 2. You accept the Vehicle for all raken g 1H? and that it is good purposes of the Lease. You flintier acknowledge you have t aken delivery of the Vehicla. e F. Odometer. You are required to maintain accurate mileage records of your usage of the Vehicle. Normally, usage is determined solely by the odometer in the Vehicle. However, if the odometer slruaiti ine k fur any rewaut4 yuu must immmiiaieiy repair u repiaw rile utiuureter and im atria w pruviuie us wiiir paupm. suppixiurg duuumrerttauurr iu iuuicaie Liar data auu imicage when die uduuarler failed and the date when it was repaired or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on the odometer, you agree to pay the amount we estimate the Vehicle's market value has been reduced by reason of additional miles not reflected on the odometer, the inability to determine the Vehicle's actual mileage, or both. This paragraph will survive termination of the Lease. G. Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the time of Lease termination, whether or not the Vehicle is returned to us. This certification is needed so that we can transfer ownership ofthe Vehicle. Failure to certify the mileage or making a false statement may result in fines and/or imprisonment You must certify that mileage even if you uuy the vehicle. if we t ansrer title to rite veuicie and provide imcorecr odometer information, tinter because you did not provide a cereincarion to us or you inane a false statement, to tine extent not prohibited by law, you are not liable for and will indemnify its against any claims, damages, penalttes, lines or losses, Including our court costs and attorne connection with your failure to comply with the law. Attorneys' fees and court costs will not be Irrr ys' Le wfucln we may incur in Imposed in Ohio. This paragraph will survive termination of tit Lease, H. Indemnification. You agree to indemnify us and hold us and our assignees, agents, and insurers harmless, to the extent not prohibited by law, from all damages, Injuries, clams, demands, and expenses, fnduding reasonable attorneys' fees, arising out of the condition, maintenance, use or operation of the Vehicle, including a clamp under the strict liability doctrine. No attorneys' fees will be imposed in Ohio. I. Assignment of Returned Prendurns and Other Amounts. You assign to us any unearned returned premiums or charges or other amount relating to insurance or any optional product or service sold in connection with this Lease and returned or paid to us. You will earn no interest, increase or profit with respect to such property. J. Waiver. If we fail to exercise any right or remedy at any time, we do not waive the right to do so at a later time. K Giving Notice. Notice may be given personally or sent by first class mail to the address shown on Page 1 of this Lease. Notices shall be deemed given to us when they a re personally given or actually received at our address shown in Section 1 or as we otherwise direct from time to time. Notices shall be deemed given to you when they are personally given or when placed in the mail, addressed to you at your address then shown on our records, even though you might not actually receive the mailed notice. You agree that 10 days' notice is a reasonable notice period, unless state law requires a longer period, in which case you agree that the state required period is reasonable. L Assignment and Transfer of the Vehicle. YOU MAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHOUT PRIOR WRITTEN PERMISSION. We may assign all of our rights under this Lease. The person to wham we assign our rights may reassign them. You may not assign your rights or obligations under this Lease. You agree to render performance of Your obligations to the original Lessor and, upon receiving written notice of any assignment, to the Assignee or any subsequent assignee. M. General. This Lease is the entire agrtemeut between you and us. We have not made any promise to your that is not in this Lease. Any change to this Lease must be in writing that is signed by you and us. If any provision of this Lease is found to be void or unenforceable, this Lease is to be read as if that provision were never contained in this Lease. N. Governing Law. If any part of this Lease is invalid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not be effective as to that jurisdiction. The rest of the Lease will be enforceable. Federal law governs some aspects of this Lease. State law also governs this Lease. If you lease the Vehicle primarily for personal, family or household purposes. the law of the state in which you reside will govern the Lease and the uttemretation of the Lease, unless applicable law permits you and us to specify the law of the original Lessor's state as the governing law, in which case, the late of the original Lessor's state will govern the Lease and the interpretation of the Lease. If this Lease is not primarily for personal, family or household purposes, you agree drat the laws of the state in which rite original Lessor does business, as shown in Section 1, shall govern this Lease and your obligations. USS98W-2-1 F ((W05) DC, DE, MI, OH, PA, VA, WV C2005 BANCONSU)v1ER SERVICE, INC. "??f LESSEE'S INTIALS Lease Date: April 21, 2006 Lessor Name: RARRISBURG TOYOTA Lessee Name(s): BROOKE D SREAFFER 9. Standards for Wear and Use When you return the Vehicle at the end of the scheduled Lease term (including y for detenn • any extension), ou are liable for charges for excess wear and use The following standards apply cling unreasonable or excess wear and use: The Vehicle must be able to pass any inspection required by law, even if an inspection is not then due. The Vehicle must have matching tires (not retreads) comparable to those on the Vehicle when it was delivered to you, with at least 1/8" of tread remaining at the lowest spot. The engine, drive train, odometer, and other mechanical and electrical parts shall operate and not be damaged. There must be no scratches, dents, pits, rust areas, mismatched paint or cracks in or on the fenders, bumpers, grills, hood, trunk, roof or doors. No special identification or decal will appear on the Vehicle. There must be no rips, tears, burns soiling or excessive wear in the carpet, seats, doors, headlining or dashboard. The windows, lenses and lights shall not be cracked or broken. The Vehicle Identification Number in Section 2 must not have been altered or defaced. There must be no frame or suspension damages. We determined the amount of your base weekly payment, in part, on the mileage shown in Section 4, "Excessive Wear and Use." Unless you buy the Vehicle at the end of the Lease term, you will return it to us in the condition in which you received it, except for reasonable wear and use. 10. Maintenance You will maintain the Vehicle in good working order and repair. You will pay all operating costs, such as gasoline, oil, and replacement tires. You will, at our ex the Vehicle according to the owner's manual maintenance schedule. If the Vehicle is recalled pease, servic in clean condition you will have the recall repairs or service performed. You will return the Vehicle 11. SecurityDepbsit Unless required by law, we do not keep the security deposit separate in a bank or earmarked on our books. We may Any unused security deposit will be returned to you at the end of the Lease. We have no fiduciary duty to you with respect to the security depositt No interest Increase or profit on the security deposit will accrue or be paid to you; for a West Virginia lessee who enters into a lease with a lessor who is a nonresident of West Virginia, any security deposit will be kept in a bank or trust in West Virginia and interest, in any, that accrues will be paid to you or applied to what you owe under the lease. 12. Option to Purchase Vehicle at Lease Termination You have an option to buy the Vehicle at the end of the lease term. The price will be $3,179.00 plus a purchase option fee of $250.00, plus any other charges due and unpaid under this Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 days' notice in writing of your intent to buy the Vehicle. ' 13. Default, Repossession and Other Remedies You willbein Default it: • You fail to make a weekly paymentwhen it is due; • You fail to • You provide any false or misleading information in any lease application; • You fail to maintain the quiredoinsuranccee; - you Lease po h?ion is or d is of the V` ehcle by confiscation, , forfeiture or other involuntary transfer regardless of whether the Vehicle is the subject of judicial or administrative proceedings; • You exceed the permitted mileage shown in Section 4; • You or your property become subject to bankruptcy proceedings; • You die and there is no surviving lessee; • The Vehicle is lost, stolen or damaged beyond repair; • You assign the Lease or transfer the Vehicle; • You fail to keep any other promise or obligation under the Lease or violate any other term of the Lease. If you Default we may, but are not required to, take action to protect our interest in the Vehicle (such as buying insurance). Our action does not cure y ou default Amounts we spend taking such action will be added to your Lease obligations and will bear lease charges, if permitted by law. If we end this Lease because of Default you authorize us to cancel any MBP or other optional product or service you bought in connection with this Lease and to receive any refund or credit due upon such cancellation to apply to amounts you owe. After giving any notice required by law, and subject to any waiting periods imposed by law, we may peaceably repossess the V ehicle wherever we may find it. You authorize us to enter onto any property where the Vehicle may be to take possession of it and remove it. We may use the license plates on the Vehicle in moving it to a uwi ____t___ wp__vyir uLc t1..L: _I_ --- _ or redeem the Vehicle. Unless you tell us within 48 hours of an ' ..g. ' Vu "`a' ..._.. ,,_"_.. L,.._ .._,__ .L_ ,_...._ -•W y " Y personal property y when it -vm ? Ail y property. This Section 13 will survive termination of this Lease. You claim >?as in the Vehicle whhen it was repossessed, we will not be responsible for that hat You acknowledge receipt of an On Time Payment Protection System Disclosure Statement and Instruction Guide. As described in the Guide, the Vehicle has been equipped with a device that is part of the On Time Payment Protection System. This device acts as a starter interrupt if you do not enter a payment code into the key pad after you make each weekly payment. In addition to our other rights and remedies upon Default, if you fail to make weekly payment the keypad, the device will make the vehicle unable to start. The Vehicle will not start or operate until a correct paym nt code is entered into the key pad.rrcet went ode into 14. Optional Products and Services You are not required to buy an optional products and services to enter into the Lease. The term of any product or service will be the Lease term, unless a different term is Optional Mechanical Breakdown Protection ("MBP") Term shown to the right. If you decide you want to buy an optional product or service, review Lessee's Initials the terns of the contract which describes the product or service before you initial to Coverage the right. A comDleted coDv of the contract will be given to you as soon as uracticable. Optional Service Contract Term or Extended Warranty Term Lessee 's Initials By Initialing to the right, you indicate that you want to buy the optional Coverage products and services indicated. If the cost shown is not shown as part of the Optional Gap Protection Term "Itemization of Amount Due at Lease Signing or Delivery," it has been added to Lessee's Initials the "Gross Capitalized Cost" (see the Federal Consumer Leasing Act Disclosures.) Gap Provider USS991,V-2-1 F(04105) DC, DF- MI, OH, PA, VA, WV 02005 BANCONSUMER SERVICE, JNC. Lease Date: April 21, 2006 Page LESSEE'S INITIALS Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER 6. Fees, Charges and Warranties (continued) C. Late Payments. No late charge will be assessed or collected when the only delinquency is late charges assessed on an earlier delinquency. The charge for late payment is 5% of the base weekly payment for any payment not received within 4 days of the date it is due. No late charge will be imposed in West Virginia. D. Disposition Fee: $0.00 If you do not buy the Vehicle from us under your purchase option, you agree to return the Vehicle to us at the end of the Lease tenn at a place we designate. You will return the Vehicle in clean condition. When you return the Vehicle, you must give us a completed, signed odometer disclosure statement. You agree to pay us any amounts you owe under the Lease and have not paid. We may apply all or part of your security deposit to what you owe us. If you keep the Vehicle after the date you are supposed to return it, you will pay us a weekly amount equal to the total weekly payment and other amounts that may come due. Your payment does not permit you to keep the Vehicle unless you get our permission in advance. You will pay us upon return of the Vehicle, the disposition fee shown here. E. Early Termination Purchase Option Fee: $250.00 You have an option to buy the Vehicle prior to the end of the term. The price will be the adjusted lease balance (see section 7) plus the harry 1 ennmation Purchase Option Fee shown here, plus any other charges due and unpaid under the Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 days' notice in writing of your intent to buy the Vehicle. F. Early Termination Fee: $250.00 (i) You may terminate (end) the Lease before the end of the Lease term under the following conditions: If you are not in Default under the Lease you may end the Lease by returning the Vehicle to us and paying us, within five business days of the date we make demand, your early termination liability (see Section 7). (ii) We may end the Lease before the end of the Lease term under the following conditions: If you are in Default, we may end the Lease. You must return the Vehicle to the place we designate. You must pay us, within five business days of the date we make demand, your early termination liability (see Section 7). 7, Terms concerning Early Termination Upon early termination you agree to pay the following charges: • An Early Termination Fee as shown above in Section 6; - Any -paid wee then due; • Any official fees and taxes imposed in connection with termination; and • The amount by which the adjusted lease balance exceeds tthea ehic e'ssrrealized value at termination. If we have to take possession of the Vehicle from you, you will pay us the amount we have to pay for expenses in d oing so. If we have to store the Vehicle and pay storage charges, you will pay us the amount of the storage charges. We will apply some or all of your security deposit to what you owe. we figure your adjusted Lease balance, which is die baiance subject to The iease charge, using rite ievei yieid method." 'Levei yieid meihod` means, in the case of a weeidy payment lease, the method of determining the lease charge portion of each base weekly payment under which the lease charge for each week is earned in advance by multiplying the level rate implicit in the Lease times the balance subject to lease charge as it declines during the Lease term. At any given time during the Lease term, the adjusted lease balance is the difference between the adjusted capitalized cost and the sum of (a) all depreciation amounts accrued during the previous weekly periods, and (b) the first base weekly payment. The periodic lease charge calculations are based on the assumption that we will receive your payments on their exa ct due dates and that the Lease goes to its full tern. The realized value of the Vehicle is: the price we receive for the Vehicle at disposition; the highest offer we receive for disposition of the Vehicle, or the fair market value of the Vehicle at the end of the Lease term. We will add to the amount you owe us what it costs us to pay someone to dispose of the Vehicle, for example, an auction fee. To the extent your early termination liability takes into account the value of the Vehicle at termination, if you disagree with the value we assign to the Vehicle, you may obtain, at your own expense, and within 10 business days from Lease termination from an independent third party agreeable to you and us, a professional appraisal of the wholesale value of the Vehicle which could be realized at sale. We will then use the appraised value as the realized value. If we have to pay someone to help us collect the amount you owe us, we will add the amount we have to pay to the amount you owe us, to the extent p ermitted by law. This m I ay include reasonable attorneys' fees and court costs, if permitted b law. Attome s' fees and court costs will not be im sed in Ohio. & Property Insurance You agree to maintain in your name, the following type and amounts of primary insurance for the Lease tern acid until you return the Vehicle: Public liability insurance with coverage limits of at least $100,000 if one person is injured and $300,000 if more than one with coverage of at least $50,000; collision and comprehensive fire and theft with a deductible amounitq f ned; ot mom re red $500. You can obtain insurance aat your expeinsurance nse through any agent, broker or insurer of your choice. This required insurance must be in effect before you take delivery of the Vehicle and may not be cancelled until after you return the Vehicle to us. The insurance company and the policy must be reasonably acceptable to us. The policy must provide us with no less than 30 days' written notice of cancellation nau;' a; r.;, ---' - ask, you must furnish us with satisfactory evidence that the required ' - L- and zs an ` -`ozall s; -- I f insurance is in effect. You must notify us and the loss. must cooperate fully with us and the insurer in providing full, complete and accurate information about the loss. If the Vehici is within 48 damaged and you fix ievent out satisfaction, we You will pay you any insurance proceeds we have received if you are not then in Default. You authorize us to file a proof of loss if you do not, and to sign your name to any check or draft representing insurance proceeds. You agree that you do not have the right to, and will not, revoke the power you have given us to file a proof of loss and the power to sign your name to a check or draft representing insurance proceeds. You agree that we may exercise these powers for our benefit and not for your benefit, except as provided in this .. L-.. -.'. vv uaa Physical Damage and Liability Insurance. You have obtained the insurance that is required for this Lease. NAME OF AGENT: INSURANCE COMPANY: INSURANCE INFORMATION ON SEPARATE DOCUMENTATION CONFIRRMATTION #: NTITTCT..: PHVRICA1. nAMAT:R OR T.TARTT.TTV TNRITRANr.F. COVER AQR FOR ROY)TT.V TN.RIRV ANT) PRCTPRRTV TIAMAGF, TO CITFTERR IR NOT TNCT.TMRII TN THIS T.F.ARF. USS98W-2-I F(UAlOS) DC, DE, MI, OIL PA, VA, WV G2005 BANCONSUMER SERVICE, WC. Lease Date: April 21, 2006 LESSEE'S INITIALS Lessor Name: HARRISBURG TOYOTA Lessee Name(s): BROOKE D SHEAFFER 15. Other Terms and Conditions (continued) 0. Agreement to Arbitrate Disputes. If you sign this Lease, you agree to arbitrate disputes and you give up some rights. A "Dispute" is a controversy of claim (other than a claim relating to the possession, repossession or replevin of the Vehicle) arising from or relating to this Lease, its negotiation or breach, the sale, purchase or financing of the Vehicle involving any Buyr, Co-Buyer, Co-Signer, Guarantor, Seller, Assignee, or any agent employee, surety bonding company or insurer of any of these persons. If a Dispute arises and cannot be settled by discussion, the parties shall first try to settle the Dispute amicably by mediation by the American Arbitration Association (the "AAA'J under its Commercial Mediation Rules. Any Dispute unresolved by mediation shall be a rbitrated pursuant to this paragraph. Any party may demand arbitration in writing by notice to the other", naming the arbitrator of the party demanding arbitrati on and stating the matter in controversy. Within 30 days after such demand, the other party shall name an arbitrator. If the other party does not name an arbitrator, such arbitrator shall be named promptly by the AAA's Arbitration Committee. The two selected arbitrators shell name a third arbitrator within 15 days. If the two selected arbitrators cannot agree on a third arbitrator, a third arbitrator shall be appointed by the AAA's Arbitration Committee. The non-prevailing party shall pay, and the arbitrator shall award to the prevailing party all of the prevailing party's arbitration costs and expenses, including reasonable attorneys' foes. The arbitration hearing shall be held in the county in which the original Lessor is located, on 30 days' notice to the parties under the AAA's Commercial Arbitration Rules. The hearing shall be concluded within 120 days unless otherwise ordered by the arbitrators. The award shall be made wi 9»n 30 days after the close of the submission of evidence. An award by a majority of the arbitrators shall be final and binding on all parties to the proceeding. Judgment on the award may be entered by either party in the highest local, state or federal court or before any administrative body. This arbitration provision shall, with respect to such dispute, survive the termination or expiration of this Lease. Nothing in this Lease shall be deemed to give the arbitrators any authority, power or right to alter, change, amend, modify, add to or subtract from The provisions of th s Lease. No class action arbitration may be ordered under this provision and there shall be no joinder of psnies, except for joinder of parties to the same Lease. To the extent permitted by law, the arbitrator shall have no authority to award punitive damages in any Dispute The parties agree that the transactions relating to this Lease involve interstate commerce and that this Lease shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as amended. NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ ALL PAGES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE. NOTICE: READ THE FEDERAL CONSUMER LEASING ACT DISCLOSURES THAT HAVE BEEN GIVEN TO YOU SEPARATELY BEFORE SIGNING THIS LEASE. Your signature(s) on this Lease acknowledges receipt of the Federal Consumer Leasing Act Disclosures. 17. Lessee Signatures (check if other than individual(s) [ ] Corporation -(] Partnership [ ] LLC or LLP [ ] Sole Proprietorship Lessee Signature )t 11 Lessee Signature TYpe/Print Lessee Name BROOKE D SHEAFFER Type/Print Lessee Name 1 IS. Lessor's Acceptance and Assignment Lessor Name: HARRISBURG TOYOTA By: [Assignee Name: L,ycoming Auto Trust Type/Print Name: S Type/Print Title: &4A Lo- rlm The Lessor's authorized signature indicates the Lessor has accepted the tents, conditions and obligations of the Lease as follows: Lessor's Assignment. Pursuant to the terms of that certain agreement between Lessor and the Assignee named above ("Assignee") for the assignment ofleases by Lessor to Assignee from time to time, Lessor hereby assigns all right, title and interest in the Lease and the Vehicle and rights the Lessor may have under arty guaranty executed in connection with the Lease, with full powers to Assignee to collect and discharge all obligations, any guaranty and assignment. 19. Lease Guaranty I I (the Guarantor(s) signing below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement (the "Lease") dated as of the date below. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full performance by Lessee of all promises, terns and conditions of the Lease (collectively the "Liabilities"). If an Event of Default occurs under the Lease, I shall pay immediately any amounts due from the Lessee or take any action required of the Lessee under the Lease. My liability under this Guaranty is primary and will not be affected by any settlement, extension, renewal or modification of the Lease or by the discharge or release of the Lessee's obligations, whether or not by operation of law. I waive all damages, presentments, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying to collec t all or any part of the Liabilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty. After assignment of the Lease, this Guaranty may be modified or terminated only with the Assignee's prior written consent. Any parts of this Guaranty which conflict with any statute, rule or law, shall be deemed null and void to the extent of such conflict but without affecting the rest of this Guaranty. If more than one party signs this Guaranty, each is jointly and severally obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor under this Guaranty. Signed in the presence of. Signature of Guarantor ?""'' Date Signature of Guarantor Date USS98W-2.1 F (04/05) DC, DE, MI, OH, PA, VA, WV 02005 BANCONSUMER SERVICE. INC. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he/she is Lucrecia Skellenger of the legal and litigation department of Autotrakk, plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. ( ignature) O 0 «? 0 a "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC Plaintiff vs. BROOKE D SHEAFFER Defendant No. 07-6883 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I . D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06230251 it IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC Plaintiff vs. Civil Action No. 07-6883 CIVIL BROOKE D SHEAFFER Defendant PRAECIPE TO SETTLE DISCONTINUE AND ND WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for 2718 Ko436 SevPittsbur(412) 431/-7 1 ding ue 5219 SWORN TO AND SUBSCRIBED / e me this 51 day V COMMONWEALTH OF PENNSYLVANIA 0 008 Notarial Seal Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 NO -VARY PU LIC Member, Pennsylvania Assoclatlon of Notaries c7 rv D cz :: C M p . rn ron