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HomeMy WebLinkAbout07-6884IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, a wholly owned Subsidiary of AUTO TRAKK, LLC. Plaintiff vs. TYLER SMITH Defendant 4 No. e 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 WWR406160978 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. TYLER SMITH 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 512 West Clayton Street, New Castle, PA 16102. 3. On or about June 27, 2006, the parties entered into a written Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2003 Ford Taurus, 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 156 payments of $95.00, commencing June 27, 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 156 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 $8,580.73 as of September 25, 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 $1,000.00. 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, Tyler Smith individually, in the amount of $8,580.73 with continuing finance charges thereon at the rate of 6.0% per annum from the date of judgment plus attorneys' fees of $1,000.00 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. William T. M zan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#06160978 LFSSM"S wn7AM_ S I Federal Consumer Leasing Act Disclosures Date: June 27, 2006 Lessor. SUPERIOR PRE OWNED MECH EXH I B Its): TYLER SMITH 6110 CARLISLE PIKE 1055 COUNTRY CLUB RD MECHANISCSBURG, PA 17055 + CAMP HILL, PA 17011 These disclosures are made in connection with and are part of a closed-end motor vehicle lease dated June 27, 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 $95.00 is due Disposition fee (If you do paid by the end of the Lease) (Itemized below)' on 07/07/06 followed by 155 payments of not purchase the Vehicle) $0.00 50 00 S95.00 due on Friday of each week. The . 51,000.00 total of your weekly payments is $14,820.00 $0.00 Total $0.00 $15,630.00 A. Amount due at siping or delivery: 1. Capitalization Cost Reduction 2. Sales Tax on Cash Down Payment 3. Sales/Use Tax 4. Optional MBP 5. Firm Weekly Payment 6. Prepaid Rental Payment •Itembatioe of Amount Due at Lease Slpnin= or Delivery IL How the amount due at lease signing or delivery will be paid: $(-190.05) 7. Refundable Security Deposit +$0.00 1. Net trade-in allowance $0.00 +$71.55 S. Title Fees +$22.50 2. Rebates and non-cash credits +$0.00 +50.00 9. Registration Fees +$36.00 3. Amount to be paid in cash +$11000.00 +$0.00 10. State and Doc Fees +575.00 +$95.00 11. Acquisition Fee +$79100 +595.00 Total =$1,000.00 Total X11000.00 C. Your Weekly Payment is Determined as Shown Below 1. Gross capitalized cost. The agreed upon value of the Vehicle 6. Rent charge The amount charged in ($11,009.00 ) and any items you pay over the lease term (such as addition to the depreciation and any service contracts, insurance and any outstanding prior credit or lease $11,009.00 amortized amounts. balance). 2. Capitalized cost reduction. The amount of any net Trade-in 7. Total base weekly payment The allowance, rebate, non-cash credit or cash you pay that reduces the -$(-190.05) depreciation and any amortized amounts plus gross capitalized cost. the rent charge. 3. Adjusted capitalized cost. The amount used in calculating your S. Lease payments. The number of base weekly payment. 4. Residual Value. The value of the Vehicle at the end of the Lease used in calculating your base weekly payment. 5. Depreciation and any amortized amounts. The amount charged for the Vehicle's decline in value through normal wear and tear and for other items paid over the Lease term. -$11,199.05 payments in your Lease. (This is also the number of weeks in your Lease) 9. Base Weekly Payment: -51,995.00 h X9.204.05 10. Weekly salestan tax: 11. Total weekly payment. +54,392.91 =S13 6.96 y 156 =587.16 S +S7.84e -s95.OOe EARLY TERMINATION. You may have to pay a substantial charge if you end this Lease early. The charge may be no 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 0.120 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 $1,995.00 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 (04" 02M BANCONSUAM SERVICE. INC. LESSEE'S INITIA Page I of 5 LS _ CONSUMER PAPER Lease Date: June 27, 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) SUPERIOR PRE OWNED MECH TYLER SMITH 6110 CARLISLE PIKE 1055 COUNTRY CLUB RD MECHANISCSBURG, PA 17055 CAMP HILL, PA 17011 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 assigrunent, 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 clicked In this Lease, "e" means an estimate. I 2. Description of the Leased Property (The "Vehicle") Used [X] Year Make Model No. of Cyl. Style Vehicle Identification Number Odometer Mileage 2003 FORD TAURUS V6 0 SEDAN 1FAFP55U43G218135 51,593 Equipped With. 3. Description of the Trade-in Vehicle Year. N/A Make: N/A Model: N/A Gross Amount of Trade-in Allowance: $0.00 Prior Credit or Lease Balance: S0.00 Net Trade-in Allowance (See Item Bl on Federal Consumer Leasing Act Disclosures) (If less than zero, enter zero) X0.00 4. Lease Payment Terms (See Federal Consumer Leasing Act Disclosures) You agree to pay us a Total Payment of $15,630.00 as follows: Upon Lease Signing or Delivery you will pay a total of S1,000.00 which includes your fast Weekly Payment of $95.00 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 0.120 per mile. 5. Itemization of Gross Capitalized Cost (See Item C 1 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 $11,009.00 $0.00 $0.00 $0.00 50.00 5190.05 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: SI,428.09e. The actual total of fees and tales 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. The Vehicle is subject to the following express warranties: If the Vehicle is new, the Vehicle is subject to the manufacturer's standard new car warranty. [XI 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 prolubited 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 Vehicle, this disclaimer will not affect any implied warranties during the term of the warranty or service contract. USS99W-2-1 F (06" 02006 HANCONSUMM SERVIM INC. MM" KM0KPA.7KVA. WV Pag 2 of 5 rrssce's avrrlAa.s__ Lease Date: June 27, 2006 Lessor Name: SUPERIOR PRE OWNED MECH Lessee Name(s): TYLER SWM 6. Fees, Charges and Warranties (continued) I 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. N o 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. L 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 Early Termination 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: 5250.00 (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 T). (ii) We may end the Lease before the end of the Lease tens under the following conditions: If you are in Defa dt, 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 (sec 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 fiom you, you will pay us the amount we have to pay for expenses in doing 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 the balance subject to the lease charge, using the "level yield method" "Level yield method" means, in the case of a weekly 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 balm= is the difference between the adjusted capitalized cost and the sum of. (a) all depreciation amounts accrued during the previous weekly weekly payment. The periodic lease charge calculations are based on the assumption that we will receive our °? and L the first base ptiy payments on their exact due data and that the Lease goes to its full term. 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 awe 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 permitted by law" This may include reasonable attorneys' fees and court costs, if permitted by law. Attorneys' fees and court costs will not be imposed in Ohio" 8 Property IusKranrce You agree to mamtain, in your name, the following type and amounts of primary insurance for the Lease term and until you return the Vehicle: Public liability insu nine 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 $500. You can obtain insurance at your expense through any agent, broker or insurer of your choice. This required irurance must be in effect before you take delivery of the Vehicle and may not be cancelled until after you return the Vehicle to us. The insurance company and the policy must be reasonably acceptable to us. The policy must provide us with no less than 30 days' written notice of cancellation or reduction in coverage for any reason. Collisions, liability and/or comprehensive innsuarce must name you as the insured and us as an additional insured and loss-payee. If we ask, you must firnish us with satisfactory evidence that the required insurance is in effect You must notify us and the insurer within 48 hours of any event causing loss. You must cooperate fully with us and the insurer in providing full, complete and accurate information about th e loss. If the Vehicle is damaged and you fix it to our satisfaction, we will pay you any insurance proceeds we have received if you are not then in Default You authorize us to file a proof of loss if you do not, and to sign your name to any check or draft representing insurance proceeds. You agree that you do not have the right to, and will not, revoke the power you have given us to file a }roof of loss and the power to sign your name to a check or draft representing insurance proceeds. You agree that we may exercise these powers for our benefit and not fbr your benefit, except as provided in this Lease and by law. Physical Damage and Liability Insurance. You have obtained the insurance that is required for this Lease. NAME OF AGENT: TE LEPHONE INSURANCE COMPANY: INSURANCE INFORMATION ON SEPARATE DOCUMENTATION CONFIRMATION #: NOTICE: PHYSICAL DAMAGE OR LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS LEASE. US99OW--2-1 F (06p6) DC, DEXY, WViC.OKPA,TN,VA. WV 02006HANtbIVSUbffit SERVIC$ INC. P e3of5 >.ESSE&'s rn,AL,s Lease Date: June 27, 2006 Lessor Name: SUPERIOR PRE OWNED NIECH Lessee Name(s): TYLER SN WM 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, nut 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 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 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 11. Security Deposit 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 $1,995.00 plus a purchase option fee of S250.00, plus arty 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 bury the Vehicle. 13-De6nlt, 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 arty Use 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 fm0 to keep any other promise or obligation under the Lease or A olate 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 you default. Amounts we spend taking such action will be added to your Lease obligations and will bear lease changes, 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 o r 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 Vehicle 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 storage place. After we repossess the Vehicle, we will hold it free of any rights you may have under this Leese, subject to any right you may have under the law to cure a breach or redeem the Vehicle. Unless you tell us within 48 hours 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 Statemerrt 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 dux, 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 14. Optional Products and Services . You are not required to buy an optional products and services to enter into the Lease. The term of arty 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 completed copy of the contract will be given to you as soon as practicable. 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 USS99W-2-1 F (0606) 02006 BANCONSUNIER SERVICE, INC. DC, DE KY, NU.NC OIL PA.TN,VA, WV 4 of 5 I.ESSEVS ntrl7Als ' Lease Date: June 27, 2006 Lessor Name: SUPERIOR PRE OWNED MECH Lessee Name(s): TYLER SMITH 15. Other Terms and Conditioner A. Your Gap Liability and Gap Waiver. You am not liable for the "GAP amount." The "GAP amou nC is the difference, if any, between: (i) the amount you owe at early termination of the Lease as of the daft of a total loss of the Vehicle caused by its draft or physical damage, or the amount which would have been owed had we not waived such obligation; and (ii) the sum of any unpaid rant payments and other unpaid charges arising from you faiue to fulfill your obligations under the Lease that had accrued before the deft of the loss; and the actual cash value of the Vehicle on the date of loss. Ifyou have maintained insurance as required order this Lease, "actual cash value" shall have the same meaning as under your physical damage insurance policy. R. Official Fees and Taxes; Registration and Paridng Tickets. We own the Vehicle. You must keep the Vehicle cu rendy 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 S25 for every summons issued to us in connection with the Vehicle, whether or not you are fated at foot Wyou do not pry such tickets and fines, you smthaia in to do so for you and in yourname, and you will repay, rs 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 pry such tickets and fines. You agree that we may exorcise this power for or benefit and net for your benefit, except as provided in this Lease and by law. We may add the amount to what you owe rs if yon do not pry a when we make demand. You must pay when due, or reimburse us if we pay for you, all government clurges, fees and trams whether assessed on you, us, or the Vehicle. You understand Was[ the taxes disclosed in this Lease may increase, and yon agree to pay any smh iroeased amounC You will not have to pay or income taxis. Ifyou do not pay the charges, fees and taxes, and imaeer or penalties are assessed (nnlea the interest or penalties are a result of or negligence you most pay the i ste est or penalties when due or rdmbmw us if we pay than. You most pay personal property taus assened on the Vehicle whether you are billed for thew by the government or whether we pay them and hill you for Wen or include &a amount of sock taxes as part of your wally payment This paragraph will survive termination of" Lease. Ifyou move the Vehicle to another state and re-registraiien is required, you agree to re-register the Vehicle and pay all costs and expema of rs istratlon, and you agree to pry any increased sales taxes imposed by such sWe as pert ofyon weekly payment You also agree to pay us an administrative fee of S50 to pay for or expenses in connection with re-registraticr. C. Returned Cbeeh Charge. If Any check you give us in payment of any obligation under this Lease is dishonored or rchimad for any heaver, you agree to pay a returned check fee of S20, 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 nmomt D. Use of the Vehicle, You will keep the Vehicle permancody garaged at the address shown in this Lease. You will keep the Vabide five from any liens er claims. You have the risk of lose, and ere respem'We for the Vehicle's damage or destruction. You will not allow nnlicemed drivers m drive the Vehicle. You will hurt use the Vehicle for mere than 30 days outside do state where the Vehicle was first tided, without prior permission. If we permit YOU to rag ial the Vehicle in another state, you agrees to pry all of oar Coals of re-regienatien. We we not requited to move the Vehicle to another store. You will not use the vehicle fiur any Commaelal nr agricult"d purpose. Pmt you to E. Adnimwledgement You acknowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped a you want, that it has so missing posts and that It is in good condition and the odometer mileage b as shown in Section 2. You accept the Vehicle for e,9 purposes of the Lent. You further acknowledge you have taken delivery of the Vehicle. F. Odometer. Yon are mquued t0 maintain accurate nnleage records ofyour cage ofth Vesicle. Normally, usage is determined solely by the odometer in the Vehicle However, if the odometer should btenk for any mason, you must 1®edusely repair or toplace die odometer and be able to provide m with proper supporting documentation to indicate the due and mileage when the odometer failed and the date when it wasrepainted or replaced. If tin odometer malfunctioned or was hmpe ed with and you ca®ot substantiate the mileage shown an the odomeer, you agree to pry the amount we estimate the Vehicle's market value has been reduced by reason of additieral miles not reflected on the odometer, the imb fry to determine do Vehicle's actual mileage, or bah. This paragraph will survive tami ation 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 die Vehicle is renamed to M. This certification is needed so that we can transfer ownership of the Vehicle. Failure to certify die mileage or making a false statement may result in fines and/or imprisonment You must certify that mileage even if you buy the Vehicle. If we transfer tide to the Vehicle and provide inoonea odgmder infamaion, either became you did not provide a certification to as or you made a false , to the extent not prohibited by law, you are mot liable for and will mdemeW us against my claim, damages, penalties, fines or losses, including our court costs and attorneys' fees, which we may incur in connection with your failure to amply with the law. Attorneys' fees and court cents will not be imposed in Ohio. This paragraph will survive termination of the Lease. IL Indemnification. You agree to indemnity an and hold us and our aadpen, agents, and insurers harmless, to the extent mot probibised by law, from all damages, iselveries, claims, demands, and expenses, including reasonable attorneys' fees, arming out of the cmnditfmn, maintenmw% use or operation of the Vehicle lad adin g a clams under the strict liability, doctrine. No attorneys' fees will be imposed in Obie, L Assignment of Returned Premium and Other Animates. You assign to as may unca med returned premiums or charges or odor 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 sew by first class marl to the address shown on Page I of this Lease. Notices shall be doomed given to us when they are personally given or soundly received at or address shown in Section 1 or as we otherwise direct fret time to time. Notices shall be deemed given to you when they we personally given or when placed in the mail, addressed to you at your address then shown on our records, even trough you might not actually receive the, ended notice. You agree that 10 days' notice a a reasonable notice period, no= state law requires a longer period, im which case you agree that the state regkmed 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 or rights under this Leas. The person to whom we assign ar rights may rump them. You may not assign your rights or obligations under this Least. You agree to reader performance of your obligations to the original Lemor and, upon receiving writlm notice of any assignment to the Assignee or any slbaDgment assignee. M. General. This Lease is the amre agreement between you and us. We have rut made any promise to you that is not in this Lease. Any change tothis Leese rust be m writing thatis signed by you andus. If a y provision of this Lease is fond to be void or umentarcemble, ibis Lena is to be read as if that provision were never contained in this Leese. N. Governing Law. If any pat of this Lease is invalid, unenforceable or illegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not be effective ss to disc jurisdiction. The teat of the Losse will be enforceable Federal law governs some aspects of this Lease. State law also vertu this Lesm ifyou lease die Vehicle purposes, die law of the state in which you made will govern the Lease and the interpretation of the Lease, unless applicable law you and us to primarily fiorporsonal, fi i or household as the governing law, in which cage, the law, of the original Lessor's state will pennies Y specify the law s the original gestures state govern the Leave and the interpretation of the Lease. If thin: Lease is not prime* for personal, family or household purposes, you agree that the laws of the oft in which the original Lesser does business, a shown in Section 1, shall govern this Lease and your obligations. USS99Wd-1 F (eb1D6) M006 BANCONSUNM SERVICE, INC. Ile, DE,KY, h"C,OK PA,TN,VA. WV SofS Lessi ti's lNrr"" Lease Date: June 27, 2006 Lessor Name: SUPERIOR PRE OWNED MECH Lessee Name(s): TYLER SNMI 13. Other Terms and Coreditionts /avi &Neo 0. Agreement to Arbitrate Dispahs. Ifyou sign this Lem, you agree to arbitrate disputes and you give up some rights. A "Disp la" is a conhoverw of claim (other than a claim relating to the possession, repossession or replevin of the Vehicle) arising fiom or relating to this Lease, ifs negotiation or breach, the sale, purchase cr financing ofthe Vehicle involving any Buyer. Co-Bayer, Co-Signer, Guanafmr, Sella, Assignee, army agent, employee, surely boodiog company or immer of army of these persona If a Dispute arises and cannot be settled by disahsdoo, the parties" frost try to settle the Dispute amicably by medistion by the American Arbitration Association (the "AM") under its Commercial Mediation Rules. Any Dispute unresolved by mediation shall be arbitrated pmsumt to this pa agghh. Any party may demand arbitration in writing by notice to the other party, m emus the arbitrator of the party demanding arbitration, and stating the mattes in coohmversy. Within 30 days after such demand, the other party shall name an arbitrator If the other party does not mane an arbitrator, such arbitrator dug be named promptly by the AAA's Arbitration Committee. The two selected arbitrators shall 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 AM's Arbitration Committee The non-prevailing party shall lay, and the mbitrata shall award to the pevalmg party all of fin prevailing party's arbitration coats and expenses, including reasonable attorneys' fees The arbitration hexing dull be held in the county in which the original Lessor is located, on 30 days' notice to &a parties under the AM's Commwmd Arbitration Rules. The hearing shall be concluded within 120 days unless otherwise ordered by the arbitrators. The award stall be made within 30 days after the close of the submission of evidence. Answer d by a majority of the arbitrators shall be final and binding on all parties to the proceeding. Judgment on the award may be emtme I by either party in the bill" loaf, state or federal court or befaa any administrative body. This arbitration provision shag with respect to inch dispute, survive the termination or expiration of th is Lease. Nothing in this Lease shall be deemed to give the erbitutas any authority, lower or right to alter, change, amend, modify, add to or subtract fine the provisions of this Lane. No doss action arbitration may be ordered order this provision and these shell be no joinder ofper escgrt for joinder of parties to the same Lease. To the extent permitted by law, the arbitrator shill have no authority to award punitive damages in my 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 Fodoral Arbitration Act, 9 U.S.C. Sections 1-16, as amended. 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 rT OR IF IT CONTAINS ANY BLANK SPACE TO BE MI" IN. YOU ARE EN77T XD TO A COMPLETELY FH,LED-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 THE LEASE, WE MAY RETAKE THE VEHICLE. NOTICE: BEAD THE FEDERAL CONSUMER LEASING ACT DISCLOSURES THAT HAVE BEEN GIVEN TO YOU SEPARATELY BEFORE SIGNING THIS LEASE. Your sigmaare(s) as this Lease acknowledges receipt of the Federal Comnmer Leasing Act Disdomres. 17. Lessee Signatu o there ' dividoal(s) [ ) Corporation [) Partnership [ ] LLC or LLP [ ] Sole Proprietorship Lessee Sigllatu Lessee Signature Type/Print Lessee Name SMITH Type/Print Lessee Name 1& Lessor's Acceptance and Assigklnte Lessor Name: SUPERIOR PRE OWNED MECH By: ,y? Assignee Name: Lycoming Auto Trust Type/Print Name: /' ', le s tart Type/Print Title: S? C ch a 1 a .y c /P9 y)z The Lessor's m signature irradiates the Lessor has aged the terms, conditions and obligations of the Lase as follows: Lessor's Assiemasent Pu rsumt to the tams of tbat certain agreement between Lesser and the Assignse named about ("Assiguee'7 far the assignment of leases by Lessor to Assignee from time to time, Lessor hereby assigns all right, title and' '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 guaety and a n igime t. 19. Lease Guaranty I (the Guaantor(s) signing below) understand that the Loraer and Lessee named above b rve entered into a vehide lane agreement (the "Lesser) dated in of the data below. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full parfomance by Lessee of all promises, tams and conditions of the Lease (collectively the -Liabilities-). If an Event of Dchadt occurs under the Lease, I shall pay immediately any amounts due from the lessee or take army action requited o f the Lessee under the Lease. My> tinder a and will not be affected by any settlement, extension, renewal amodification of the L em athe or release of the Lessee's y by diacfiarge obligations, whether a not by operation of law. I waive all damages, prose , and demands and notices of every kind said nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying to collect all or any part of the Lisbril cc and in enforcing this Guaranty. This Guaranty is an absolute, coudmmng 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 coo9ict with any etante, rule or law. doll be deemed mdl ad void tothe exl- of such con ict, but without affecting the rat of this Ghwaoty. If mom dM one party siIs this Guaranty, each is jointly and severally obligated. Each signs on behalf of any corporate g sta tur warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor under this Guaranty. Sighed in the presence of: (SEAL) (SEAL.) Sipmttue of Guarantor Date Signature of Guarantor Date USS98W-2-1 F (06x06) 02006 BANWNSUbM SERVICE, INC. DC, DE RY, Mr,NC,M PA,TN.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. (Si ature) 0 h? V d v ?a C'9 C5 -..r;'-r} wwr N 9-4 -?C cr-t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBIDIARY OF AUTO TRAKK, LLC Plaintiff VS. TYLER SMITH. Defendant No. 07-6884 PRAECIPE TO REINSTATE COMPLAINT 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 1.5219 (412) 434-7955 WWR#06160978 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBIDIARY OF AUTO TRAKK, LLC Plaintiff VS. Civil Action No. 07-6884 TYLER SMITH Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?- William T. Molcz , Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.521.9 (412) 434-7955 WWR #06160978 FT, V f i. ? r to v d C7 .. -t SHERIFF'S RETURN - NOT FOUNDI CASE NO: 2007-06884 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LYCOMING AUTO TRUST VS SMITH TYLER R. Thomas Kline Sheriff or Deputy S1 duly sworn according to law, says, that he made a c inquiry for the within named DEFENDANT ieriff, who being liligent search and SMITH TYLER but was unable to locate Him in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT 1055 COUNTRY CLUB ROAD SMITH TYLER CAMP HILL, PA 17011 MOTHER INDICATED THAT DEFENDANT WAS KICKED OUT O? A YEAR AGO. SHE BELIEVES HE IS LIVING IN MECHANICSB?URG AREA. Sheriff's Costs: So answer --, Docketing 18.00 Service 14.40 Not Found 5.00 R. Thomas li e Surcharge 10.00 Sheriff of Cumberland 400 WELTMAN WEINBERG REIS 00/00/0000 Sworn and Subscribed to before me this day of A. D. County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDAIRY OF AUTO TRAKK, LLC Plaintiff vs. TYLER SMITH Defendant No. 07-6884-CIVIL MOTION FOR ALTERNATE SERVICE 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 #0616078 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDAIRY OF AUTO TRAKK, LLC Plaintiff No. 07-6884-CIVIL VS. TYLER SMITH Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, Tyler Smith, by certified U.S. Mail and Certificate of Mailing, addressed to 1055 Country Club Road, Camp Hill, Pa 17011, averring in support thereof the following: 1. On or about November 14, 2007, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $8580.73. 2. When the Sheriff of Cumberland County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #0616078 4. Pursuant to Plaintiffs request for information, the United States Postal Service confirmed Defendant's physical address of 1055 Country Club Road, Camp Hill, Pa 17011, a true and correct copy of Plaintiffs Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was able to confirm a current address for Defendant of 1055 Country Club Road, Camp Hill, Pa 17011. A true and correct copy of the search results is attached hereto, marked as Exhibit "3 ", and made a part hereof. 6. Plaintiff contacted the Cumberland County Tax Assessment office, a representative from which could not confirm the Defendant as being the registered owner of 1055 Country Club Road, Camp Hill, Pa 17011. 7. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the LexisNexis Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, LexisNexis Total Research System could not confirm Defendant's physical address of 1055 Country Club Road, Camp Hill, Pa 17011. 9. No judge has previously ruled upon any other issue in this matter or any other related matter in Cumberland County. 10. Because the Defendant in the above matter is represented pro-se, concurrence cannot be obtained. 11. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR #0616078 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (1055 Country Club Road, Camp Hill, Pa 17011) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. 4 a-_ William T. Molcza,rf, 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 #0616078 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDAIRY OF AUTO TRAKK, LLC NO. 07• Plaintiff VS. TYLER SMITH Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., ENNSYLVANIA personally appeared for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact hereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from he United States Postal Service, which request for information confirmed the current address for Defendant as being 1055 Country Club Road, Camp Hill, Pa 17011. A true and correct copy of the Postal Service Return is marked Exhibit "T' attached hereto and made a part hereof. b. Plaintiff conducted an online what pages search that confirmed the Defendant's address to be 1055 Country Club Road, Camp Hill; Pa 17011. A true and correct copy is attached hereto and marked as Exhibit "3." C. Plaintiff requested current address informatioi System, which request for information confirmed the Country Club Road, Camp Hill, Pa 17011. i sNexis Total Research for Defendant as being 1055 MR #0616078 d. Plaintiff contacted the Cumberland County Tax Assessment office, a representative for which could not confirm the Defendant as being the registered owner of 1055 Country Club Road, Camp Hill, Pa 17011. Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, Tyler Smith, is 1055 Country Club Road, Camp Hill, Pa 17011. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Mick , Esquire PA I.D. #4743 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to ubscribed before me this day of Ju 08 11 ry COMMONWEALTH OP PENNSYLVANIA Nota,i. i b0li Wayne A. Jor.es. City Of Pittsburgrr. A*:PPc .t^fi/ My Commission E.xvir-.r;.; I {) Member, Pennsylvanoa Assu::i?liun of Ncataries WWR #0616078 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the / 1 _ day of 2008, by first class, U.S. Mail, postage-prepaid, addressed as follows: Tyler Smith 1055 Country Club Road Camp Hill, Pa 17011 Attorney for Plai iff WWR #0616078 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06884 P COMMON%WEALiH OF PENNSYLVANIA COUNTY OF CUMBERLAND LYCOMING AUTO TRUST VS SMITH TYLER 6 lCeD?7S' 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 SMITH TYLER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , SMITH TYLER NOT FOUND as to 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 MOTHER INDICATED THAT DEFENDANT WAS KICKED OUT OVER A YEAR AGO. SHE BELIEVES HE IS LIVING IN MECHANICSBURG AREA. Sheriff's Costs: So answer - '? Docketing 18.00 °"°" ' ? =raj-%•?'`'` Service 14.40- ' Not Found 5.00 R. Thoma ine Surcharge 10.00 Sheriff of Cumberland County .00 47.40 WELTMAN WEINBERG REIS 00/00/0000 Sworn and Subscribed to before me this day of , A. D. 2 1 7 1 rs., ox 9 1 21 7 WELTMAN VWUNa tG & RE IS CA: ? 9 LP•A. 'off 6. 3 00 00 .5 .5 6. 3 614.228.7272 BUR .U4Gr0N, NJ ATrowm AT lAW ?EDIA EL 609.914.0437 847.940.9812 CH y II. J° DEnwiT, m 312782.96 782.9676 248 362 6100 On T7f ?? OF INNOVATION GROWTH.RESULTS . . RO` _ rT !Y•, OH GROVE / , 513.723.2200 61 .8 1.. 0 2600 QEVE[.AND, OH PtULADELMRA, PE 216.685.1000 215.599.1500 Postmaster Camp Hill, Pa 17011 March 11, 2008 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Tyler Smith Address: 1055 Country Club Road Camp Hill, Pa 17011 NOTE: The name and last known address are required for change of address information. The name, 'if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(4)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T. Molczan, Esquire, Attorney for Plaintiff, Autotrakk Llc Dba Lycoming Auto Trust 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: Autotrakk Llc Dba Lycoming Auto Trust VS. Tyler Smith 4. The Court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued: 07-6884-CIVIL The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTIAN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFOMRATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION' OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue 2antha ture Pittsburgh, PA 15219 Shields 20 4?d Printed Name FOR POST OFFICE USE ONLY BOX HOLDER'S POSTMARK Not known at address given. -Moved, left no forward address. No such address. No change of address on file Good as Addressed WWR#06160978 NEW ADDRESS or NAME and STREET ADDRESS ;;.; ' -? x ?? ?,. ?F ? 4 3 ?. ?{ r t q ¢ i 411.com - Online Directory Assistance an.comtl Page 1 of 2 ACCOUNT I SEF White Yellow Reverse Reverse Area and Pages Pages Phone Address ZIP Codes Reverse Address I Find Neighbors < BACK TO RESULTS Smith, Tyler Job title: unavailable Company: Businessinpacom 1055 Country Club Rd Camp Hill, PA 17011-1049 Type: Cell Phone Provider: D&e/omnipoint Wirel Joint Vent Lp DBA Pcs One Due to number portability, some numbers have been transferred to a new service provider. Local Information for Camp Hill, PA Population: 7,636 Pick a Camp Hill Restaurant Total Households: 3,387 Find Camp Hill Hotels Median Age: 43.30 Camp Hill Hospitals Median Household Income: $50,774 Banks in Camp Hill Choose a Camp Hill Attomev Local Time: 1:38 p.m. EDT Need a dentist in Camp Hill? Source: U.S. Census Bureau; Census 2000 411.com Privacy Options Search Tools Resources About Our Searches WhitePs Home About WhitePages Services Wedding Center White Pages People Search Phone Append Auto Center Business Search Business Search Address Append Moving and Home Reverse Phone Directory t SPONSORED LINKS Listing date Sept. 2006 r"' co LYCOMING AUTO TRUST, IN THE COURT OF COMMON PLEAS OF A WHOLLY OWNED CUMBERLAND COUNTY, PENNSYLVANIA SUBSIDAIRY OF AUTO TRAKK, LLC PLAINTIFF V. TYLER SMITH, DEFENDANT NO. 07-6884 CIVIL ORDER OF COURT AND NOW, this 23d day of June, 2008, upon consideration of the Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, IT IS HEREBY ORDERED AND DIRECTED that the service of the Complaint in Civil Action may be made on Defendant Tyler Smith, by permitting the Plaintiff to mail a copy of the complaint to the Defendant at the last known address being 1055 Country Club Road, Camp Hill, PA 17011 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid and by posting a copy of the Complaint at the premises located at 1055 Country Club Road, Camp Hill, PA 17011. By the Court, 'ze-l?nnan?6nb?ry r?eiS William T. Molczan, Esquire Attorney for Plaintiff bas v 14? -A.' ? M. L. Ebert, Jr., 1% A J. I~ ?? ? ? ??C? ?? ~a?? ???? r4 % 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. No. 07-6884 CIVIL PRAECIPE TO REINSTATE COMPLAINT TYLER SMITH Defendants 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#06160978 .. i' 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. 07-6884 CIVIL TYLER SMITH Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molc99 PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #06160978 "0. C 03 ?h b cxa C -? r-" rn ? X5 L.J tt,? SHERIFF'S RETURN - REGULAR CASE NO: 2007-06884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYCOMING AUTO TRUST VS SMITH TYLER STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH TYLER the DEFENDANT , at 1805:00 HOURS, on the 30th day of July 2008 at 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 by handing to POSTED 1055 COUNTRY CLUB ROAD CAMP HILL PER COURT ORDER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge ?/,) Sworn and Subscibed to before me this of So Answers: 18.00 15.00 6.00 e- o 10.00 R. Thomas Kline .00 49.00 07/31/2008 WELTMAN WEINBERG REIS By: 7 day Deputy Sheriff A.D. , 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. TYLER SMITH No. 07-6884-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT Defendant 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06160978 40. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC Plaintiff No. 07-6884-CIVIL vs. TYLER SMITH Defendant AFFIDAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared William T Molczan, Esquire, who, being duly sworn according to law, deposes and says that on July 28, 2008, he did cause to be sent to Defendant, Tyler Smith, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and on July 28, 2008, he did cause to be sent to Defendant, Tyler Smith, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at his last known address of 1055 Country Club Road, Camp Hill, Pa 17011. True and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as Exhibit "1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Court states, service is deemed to be perfected as of July 28, 2008, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 1 William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue (412) 434-7955 Pittsburgh, PA 15219 WWR#06160978 Sworn to and subl?T COMMONWEALTH OF PENNSYLVANIA bef m thi Notarial Seal day , 2008., Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 NOT RY P C Member, Pennsylvania Association of Notaries ?• e v pA ? /3 Reis C?o., i? 4n w cv CJ L!-2 0 O cL ,p U) r;Cr EXHIBIT ..o ,. n r` Postage m Certified Fee rl C3 Retu Receipt Fee O (Ed :M Required) O Restrkted Fee E d G n oreem eq ( Ln r-1 Total Postage & Fees O 3 o 7! 1-4 E No. n ofPO B EXHIBIT CW I M-• ?) 'S Fcrm 3817, .hrxtw, 20Q7 ?S13'1? 15:ltd • ?931N???A3d ra O 7-1 a :.?.; m co ..i.' r C 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. TYLER SMITH Defendant No. 07-6884-CIVIL PRAECIPE FOR DEFAULT JUDGMENT 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06160978 Judgment Amount $ 9580.73 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff vs. TYLER SMITH Defendant TO THE PROTHONOTARY: Civil Action No. 07-6884-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, TYLER SMITH above named, in the default of an Answer, in the amount of $9580.73 computed as follows: Amount claimed in Complaint $8580.73 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1000.00 TOTAL $9580.73 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOLCZA , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06160978 Plaintiff's address is: 436 7`" Avenue, Pittsburgh, PA 15219 c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, And that the last known address of the Defendant is: 1055 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AUTOTRAKK LLC DBA Plaintiff TYLER SMITH Defendant(s) IMPORTANT NOTICE TO: TYLER SMITH 1055 COUNTRY CLUB RD CAMP HILL,PA 17011 Date of Notice: o? 1a?-Lob WWR#: 06160978 Case # ©-Ir _6(MLI - CIM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY. 1l-ti.Nw?+ ?1 o' er"" PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Case no: 07-6884-CIVIL Plaintiff vs TYLER SMITH NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, TYLER SMITH is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, TYLER SMITH is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this) day COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly. Notary Public ARY P L City OF Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. ?I? Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-16-2008 12:44:17 "< Last Name First/Middle Begin Date Active Duty Status Service/Agency SMITH TYLER Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14. 1 fi?? Amut 14 4"Ir * Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: bitp://www.defenselink-mil/faq./Tis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/16/2008 -Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNOEKNRSFTV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/16/2008 10 ?J 3 00 r n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYCOMING AUTO TRUST, A WHOLLY OWNED SUBSIDIARY OF AUTO TRAKK, LLC. Plaintiff vs. TYLER SMITH Defendant Civil Action No. 07-6884-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on I/aA 03? (xx) Assumpsit Judgment in the amount of $9580.73 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: s - PRO ONOTARY (OR DEP Y) Qrg TYLER SMITH 1055 COUNTRY CLUB ROAD CAMP HILL PA 17011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`' Avenue, Pittsburgh, PA 15219 1-888-434-0085