Loading...
HomeMy WebLinkAbout07-6993Leonard A. Sanguedolce, Esquire Attorney for Plaintiff, CACV of Colorado, LLC. Identification No. 204325 Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACV of COLORADO, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JAN LINCOURT, Defendant NO. Q 7 3 trv i NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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, GO TO OR TELEPHONE THE 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 Respectfully submitted, eonard A. an edolce, Esquire IMPORTANT NOTICE If this is your first Communication from this office, please be advised of the following: Unless, within thirty (30) days after receipt of this notice, you dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by CACV of Colorado, LLC. If you notify me in writing within the thirty-day period that you dispute the debt, or any portion thereof, 1 will obtain verification of the debt or a copy of the judgment against you and a copy of that verification will be mailed to you. Additionally, if, within the previously described thirty (30) days, you request in writing the name and address of your original creditor, I will furnish you with that information if that creditor is different than the current creditor (CACV of Colorado, LLC.). Please note, that the law does not require me to wait until the end of the thirty-day period before suing you to collect this debt. If, however, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this Notice, the law requires me to suspend my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. Please be guided accordingly. "This is an attempt to collect a debt and any information obtained will be used for that purpose." Leonard A. Sanguedolce, Esquire Attorney for Plaintiff, CACV of Colorado, LLC. Identification No. 204325 Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACV of COLORADO, LLC, vs. Plaintiff JAN LINCOURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendant NO. Q - Cl 9.3 9%f%RAnl AMY AND NOW, comes the Plaintiff, CACV of Colorado, LLC, by and through its Attorney, Leonard A. Sanguedolce, Esquire and files this, its complaint against the Defendant, JAN LINCOURT, and in support thereof avers the following: 1. That, the Plaintiff, CACV of Colorado, LLC, is a Delaware corporation with its principal place of business located at 370 17th Street, Suite 5000, Denver, Colorado, 80202. 2. That, the Defendant, Jan Lincourt is an adult and competent individual who resides at 540 Third Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. That, on or about February 2, 2002, the Defendant, purchased a 2001 FORD ESCORT, VIN No. 3FAFP13P71 R140753 from Second Chance Credit Center for which financing was provided by Household Automotive Finance Corp., pursuant to a Retail Installment Sales Contract. A copy of said contract is attached hereto, made a part hereof and labeled Exhibit "A". 4. That, Household Automotive Finance Corp., referenced the contract as account number 500001140358. 5. That, on or about January 30, 2004, the Defendant owed to Household Automotive Finance Corp., the principal balance of $3,125.18. 6. That, on or about March 12, 2004, Household Automotive Finance Corp., assigned the above referenced account to CACV of Colorado, LLC for good and valuable consideration. A copy of Certificate of Purchase is attached hereto, made a part hereof and labeled Exhibit "B". 7. That, pursuant to the Retail Installment Sales Contract entered into by the Defendants and Household Automotive Finance Corp., the Plaintiff is entitled to pre-litigation interest of $1.53 per day from the date of charge-off which is calculated as follows: 17.95% annual percentage rate x $3,125.18 . 365 days or $1.53 x 500 days which equals an additional $766.35, reimbursement of costs and reasonable attorney's fees in the amount of $400.00. 8. That, despite repeated demands by the Plaintiff, Defendant has failed to pay the sum of $4,291.53 which remains due and owing on the above referenced account. WHEREFORE, the Plaintiff, CACV of Colorado, LLC, prays this Honorable Court for judgment in favor of the Plaintiff and against the Defendant, JAN LINCOURT for $4,291.53 together with costs and interest. Respectfully submitted, 11*14d I ?n "U/Z,- Leonard A. an edolce, Esquire Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 (570) 823-0101 Attorney for Plaintiff, CACV of Colorado, LLC VERIFICATION I, DAWN RANNELLS , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that JAN E LINCOURT owes the balance of $3,125.18 to CACV of Colorado, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification By: Dated: APR 0 2 2007 Authorized Representative FORM PA 23-SLC (Rev. 4/00) ',SIMPIE INTEREST PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated a a- r ANNUAL FINANCE Amount Financed ; • ' . Total of Payments Total. Sale Price .' , . ' PERCENTAGE RATE CHARGE The amount of credit provided' . -The amount you wig have paid after you The total cost of your purchase on The cost of your credit as Ttie"dollar amount the to- you or on your behalf. have made all scheduled payments. credit; including your downpayment a yearly rate. credit will cost you.' of; , .17.95... _ • 6167.93 :11817.67 • _ 17985.60 18985.60 _ Your Payment Srhpdliim rill hr Nix of Payments Amount of Payments ; When Payments Are Due i Mo ing . $ Security: You are giving a security interest in the motor vehicle-being purchased. Prepayment if you pay off early, you will not have to pay a penalty. Filing Fees: i 5.90 - . . - . Late Charge: if a payment is late, you will be charged 2% of the portion of the payment which is late for each month; or part of a month greater than 10 days, that it remains unpaid. , See below and any other Contract documents for any'additionai information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate In this Contract . IF- YOU DO NOT MEET .YOUR CONTRACT we are SECOND CHANCE CREDIT CENTER 6110 CARLISLE PIKE NECHi81ICSBURG PA I HIC, NS, YOU-MAY LOSE THE MOTOR the SEVER H1CLE AND PROPERTY T O . Name Address Zip Code . THA Y U BOUGHT-WITH THIS-CONTRACT, AND/OR • ' MONEY ON DEPOSIT WITH THE ASSIGNEE. You are E L I NCOURT • 98 SPRINGERS LANE NEW CUMBERLAND PA 17070' the BUYE This Cardracl "s between Seger and Buyer. AN Name(s) Address(es) - - Zip Code(s) disclosures Mn been made by Seger. Seger W11ilds to as* this Contract to the Assignee. It there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract Itemization of Amount Financed TRADE-IN: You have traded In Cash Price - • ; 10372.50 the following vehicle: Cash Downpayment• Year and Make Description $ 1000.00 If a balance is "still owing on the vehicle you. have traded in, the Seller will pay off this amount on your behalf: You warrant and represent to us that Trade-In any trade-in is tree from No, claim, encumbrance or security interest, except as-shown in the itemization of Amount Financed as thelien Payoff.' . Value 0 Trade-In PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against kiss or damage to the Vehicle and against N/A liability arising out of use or ownership of the Vehicle. In this Contract„you are promising to insure the Vehicle and keep it insured. $ , , CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident'& Heaftfi..(Diiebig Insurance are not - ) required to obtain Lien Payoff•ta credit, and will riot be Wovided unless you sin below and a g gree:to pay the additional cost(s). Please read. the NOTICE OF PROPOSED CREDIT •_ . N/A INSURANCE on the reverse side. Your insurance certificate or policy will tell you the•MAXIMUM amount of insurance available. All insurance Unpaid Cash Price Balance purchased wig be for the term of the credit • I i 9372.50 By signing, you select Si le Credit Life Insurance, Nfhat is your .. . le Credit By signing, you select Single Credit Accident & What is your To Credit Insurance Company which costs $ age? "Years Health Insurance, which costs = . N/A age?• Years ; N/A e To Public Officials for. ' Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident & Health Insurance V License, Togs and Registration By signing, you both select Joint N/A What are By signing, you bath select Joint Credit il Whit are P t S 70. ?• Credit Life Insurance, which costs $ r your ages? N/A ercen age Accident 6 Heath Insurance, which coats; 'your ages? to be - Lien Fee, . insured To 2 o ; 1597.00 . ' T Signatures of both Buyers to be insured for Joint Credit Life Insurance ,. . Signatures of both Buyers to be insured far Joint o " Credit Accident & health Insurance w i •.55.00 r t"'• To Insurer. ; N/A .. VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra;equipment, which is called d To the *Vehicle* in this Contract s 718.17 „FLU YEill ud Mike sef es Age J* Nom.faL Truck 10 Capacity Ik?iH1 Number UM D SDN Amount finawad 3FAFP13P71RI407 53 z 11817:67 -2801 FORD ESCORT - Finance Charge Equipped _ A.T. _ P.S.. •_ _ AM-FM Stereo -5 Spd.. , Other = 6167.93 with • A.C. _ P.W. _ AM-FM Tape Vinyl Top • ' Total of Payments (Time Balance) ASSIGNEE: ftmay assign this Contraci and Security,'Agreement to a sales. inince company.which is the "Assignee.' lf the Assignee assigns ~ S 17985.55 the Contract to•a subsequert,assignee; the term also refers to:such subsequent assignee.•ARer.the* assignment, all rights and benelits of the Payment Schedule • You 'agree to-pay Seller.in this Contract add in the Security Agreement shall belong to and be efiforceabli by the Assignee, The Assignee will notify you when ' ' .and if Seller makes in ?O to us the AmountFinanced plus interest in LD AUTOMOTIVE FINANCE 59. PO BOX 17982 • payments of S M. 76 SAN-DIEGO CA 92177' °?.- -: - ---- ; each7and a-tina l-payment-ol- - ? CO-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with-ill Co-SignO s) and Buyer(s) to pay . , all sums due irid to perform all agreements in this Contract. Co 5igrier will not Wan Owner if the Vehicle. S 299; 76' The first CO-OWNER: Any person signing the Cc-Owner's Security Agreement below gives us a security Interest in Me Vehicle and igrees separately arid payment wit be due an SEP 21 S! together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreenherit and atiolher.paits of this Contact except the 2OW and then payments, 'Promise to Pay' section: + s : . will be due on that same day of each month TERMS: The terms shown in the boxes above are part of this Contract Iouowing = PROMISE TO PAY%You agree to pay us the Total Sale Price for the Vehicle by making the Cash- SECURITY. AGREEMENT: To secure the payment of all sums due and the performance of all Downpayment and assigning the Trade-In, I shown above, on or before the date of this Contract, and required obligations under.this Contract, you give a security interest in the Vehicle, in all paying us the Mount financed pens interest You promise to make payments in accordance with the 'the (called accessions') attached to the Vehicle at any later time, and in any proceeds of Payment Schedule. You promise to make payments on or before the same day of each month as the the Vehicle, including insurance proceeds; The Assignee may set-off any amounts due and ` • unpaid under this Contract against any of your money on deposit with Assignee. This first payment due data. You agree to pay all other amounts which may become due under the terms, includes any money which is now or mayin the future be deposited with Assignee by you. of this Contract, You agree to pay the Seller or Assignee costs of suit You also agree to pay A Tree ma do this without an nor notice to ou. _m reasonable atbrneys' lees if Seller or Assignee hires an attorney to collect amounts due under th6 A DI NAl AND CONDITIONS: THIS CONTRACT CONTINUES ON V Contract or to protect or get possession of the Vehicle. You agree b make payments at the place or to SIDE. YOU ARE OBLIGATED d0 ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE _ send payments to the address which the Assignee most recently specifies in the written notice to you.. FRONT AND REVERSE SIDES. W By signing below, we agree to set the Vehicle to you under the terms of this Contract - NOTICE-TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY 0F THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YO LEGAL RcIIGHTYVNaj..'J- (Or SELLER ®.ro03131v1s-rd SECOND CHANCE CREDIT CENTER BUYE?- ?Gn,, ELI - jsf?tL?/22/P002 no. ADDITIONAL TERMS AND CONDITIONS 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Paymeirts is the sum of the may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the Amount Financed and the Finance Charge. The Finance Charge consists soiety,of interest choice of whether or not to advance any money for these purposes. Such insurance will be computed daily on the outstanding balance of the Amount Financed. The,Finsnee Charge limited to an amount. not greater than you owe on this Contract. THE INSURANCE WE shown on the front side has been computed on the assumption that we-willheceive'all PURCHASE MAY BE; SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU. LESS COVERAGE payments on their scheduled due dates, 11 R. " ' _ •' THAN.INSURANCE YOU COULD PURCHASE YOURSELF. 2. COMPUTING INTEREST:-We will charge interest on a daily basis on,the outstanding We will add any money we advance on your. behalf to the balance on which we impose balance subject to interest on each day of the lean term. The daily interest rate is equal to the Finance.Charges at the Annuat Percentage'Rate.ol this Contract. You agree to repay the knnual Percentage Rate divided by the number of days in that calendar year. Buyer•agrees money advanced. as we alone may specify: p') immediately on demand, or (ii) along with your That because interest is calculated on a 'daily basis, late payments will result in additional , monthly payments..lf we choose to allow you to repay the money advanced'along with your interest (and, if applicable, a late chargej) Early payments will result in less interest being :harged. Early and/ora36 p4glihis will ciiuse the amount of the final payment to change. monthly payments, we can choose Ihe'amounl of these payments and how bng.you have to repay. If any of our rights stated in this paragraph are not permitted by law,'we still have the 3. LATE CHARGE: Buyer agrees to pay a1late charge for any payment not made within 10 the np?lit amount of the lays after its due ?e ch of arge awilt be 2% per month The payment We will uiafsid'Wc month in excess of IDI ?+bll'afull month other rights mentioned. Our payments on your behalf will not cure your failure to perform our ??mmmm?? qq ritracL . `' ? ? P ? M p ? ? an ` 1 E . . . late charge will be due when earned. No late charge will be due if the reason that the is aragraph Ye ie BuyerCo Signer an L e Or rr r, or any one FRUI i me s t • 12. D Contract if any one or more of the following things of them. You will be in "D'efault" of the payment is late is because, after default, the entire outstanding balance on this Contract is . happen: due. No late charge will be due if the only reason that the payment is late is because of a late •hirge assessed on an earlier payment ?) . • ' ' a. You do not make any payment on or before it is due; or • 4. APPLICATION OF PAYMENTS: We will, apply payments in the following order a priority: b. You do not keep any promise you made in this Contract; or c. You do not keep any promae ydu made•in•another•Cootiact Note, Loan or Agreement first to interest; and then to late charges, fees, principal and any other amounts you owe in the order that we choose. 1? , or nee- or op t 193 u i6Tde any untrue statement in the aedit ppltclOb? tot this ContraCC-or . 5. PREPAYMENT: You may prepay, in full or in part the amount awed on this Contract at any _ Y i i i i hfikifi i~C time without penalty. If you prepay the Contract in part, you agree to continue to make regularly scheduled payments until you pay all amounts due under this Contract This will ou comm tted any forgery n connect on w t ontract; or e. I. You die, are convicted of a crime involving fraud or di*Qgty, orate 16und by a court reduce the number of payments you will make. 6. WAIVERS. 11 with jurisdiction to do so to be incapacitated; or g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or a:. WAIVER BY SELLER AND ASSIGNEE: .We and Assignee waive the right to treat any property as security for the repayment of this Contract, except for.the Vehicle and the other insolvency proceedings against you; or h. -You take the Vehicle outside the United States or Canada without our written consent; or, security specifically mentioned in this Conl'ract. i. You use the Vehicle or allow someone else to use it in a way that causes it not to be b. WAIVERS BY BUYER. CO-SIGNER AND CO-OWNER: You agree to make all payments on covered by your insurance; or or before they are due without our havl? ip;aFlr.;f(cyo?Jdp??i?we]sp}yRpf?cJ+puraighis7 ?1falYyk eth?netl>at_c?u 3. a Ve elA?-be!bFA!g5ar benry government ' without notifying you in advance. You give up any right you may have to require that we, aull iori6Fs, Or enforce,our rights against some other person or property before we enforce our rights against k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not you. You agree that we may give up our riihis against some other person but not against you. fixed or found witWn a reasonable time; or You waive due diligence in collection and all defenses based on sV%V?nt4l4pa."t rAs '1 rtMI, r; craadiilK tdesbt?-ti?ell?e?Yrebiclobg( you LOrr orn J ep?osiLIT Assignee by 10 -1 ?1 ll l it t 11 ' ` e a era or secur y. co 7. INTEREST-AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this g p 13, OUR RIGHTSJIF YOU ARE IN DEFAULT OF THIS CONTRACT: N you are in Default of this Contract shall continue to accrue on the unpaid balance until paid in full. even after maturity Contract we may enforce our rights according to law. We may also do the things specifically and/or after we get.a judgment against yuu for the amounts due. This will apply even if the mentioned in this Contract We.may do one of these things and at the same time or later do maturity occurs because of acceleration! If at-any time interest as provided for in this another. Some of the things we may do are the following paragraph is n(tae1Mftt[dJtV law, interest shall accrue at the highest rate allowed by a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing applicable law beginning at that time. 11 on the Contract and all unpaid Finance Charges and other money due. You agree that you will 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other than us to obtai,(q le interest or oilier rights in the Vehicle. You will pay all filing fees 6 r pay this money to us in one single paymeal immediately upon receiving our demand. b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do necessary for uslo D a n and maintain ou security interest in the Vehicle. You will assist us this ourselves, have a qualified person do It, for us, or have a government official (by replevin) in.having our security interest noted on Ihii Certificate of Title to the Vehicle. You will not-sell or give away the Vehicle: If someone puts ii lien on the Vehicle, you will pay the obligation and do it for us. You agree that we can peaceably come on to your property to do this. We may .take any other things found in the Vehicle, but will return these things to you if you ask. If you clear the lien. ANN R . •' • ,, 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in,good condition and. want these things back, you agree to ask us in a letter sent to us by certified mail within 24 hours. If you do not send. us this letter, you give up any claim to these things. You agree that repair. You wil.pay all taxes and charges din the Vehicle. You will pay all costs of maintaining the Vehicle. YouliUlnot abuse the Vehicle urpeimit anything•to be done to the Vehicle which will reduce its vallue other than for normal wear and use You will not use the Vehicle for we may use your license plates in repossessing the Vehicle and taking it to a place for storage. c. VOLUNTARY. DELIVERY: We can ask you to give us the Vehicle at a reasonably , . illegal purposes or for hire or lease.-You will1not move the Vehicle from your addres's shown on The front of thirAQMf l1 a new permanent place of garaging without notifying us in convenient place. You agree to give us the Vehicle if we ask • d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract advance 11 without losing any rights. . 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, theft and collisidbYdti all sums due us are paid in full. The insurantte'average must be 14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess without using a government official (by replevin): A \14 satisfactory to us and protect your interests and our interests at the time of any insured loss. a. NOTICE: we will send you a Notice of Repossession to your last address we know about The insurance must name us as'loss•payee" on the policy. The insurance must be written by an insurance company qualified to do business in Pennsylvania and licensed to sell insurance This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right to reinstate the Contract This means you will have to pay the total balance on the Contract-and in the state whe ffigd (Oicle, is permanently garaged. The insurance policy must provide us l other amounts due. You may not-get the Vehicle back by paying delinquent installments This Notice will (ell you other information requ I y law with at least ten 0) days prior written notice of any cancellation or Kyphon in coverage. On li h i h v . b REDEMPTION: You have the right y back (redeem) the Vehicle within 15 da s of request, you shag de ver t e pol cy or ot er evidence of insurance co erage to us. In the event of the loss3CdAage to the Vehiclejl ou will immediately notify us in writing and file a . y the mailing of the Notice and it any later time before we sell the Vehicle. If you do not 0110 iRIflt9Wltb t6 ft"32 i, redeem, you give up all claim to the Vehicle. a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the Vehicle, it you (AIRW MA)o file a claim?or proof of loss with the insurance company, you - c. SALE: If you don't redeem, we wig sell the Vehicle. The money received at sale will be used to pay costs and expenses you owe, and then to pay the amount you owe on the agree that the Selkf.20%glfAny sutrsagbent assignee, or any authorized employee of any Contract of them rwe rc frla?s root of loss wdhlthe insurance company, in your name and acting th i h t l L t t d' l i d h h h Y t i - d. SURPLUS OR DEFICIENCY: H there is money left, we wig pay it to the Buyer. If there is as your agen , p K o. e. nsure e a m. ou agree t o not ave t g a you e r t to not enough money from the sale to pay what you owe. Buyer and Co-Signer agree to pay what and wig not revoke the power youihave given us to file a proof of loss. You agree that we may is still owed to us. exercise this p ?,lor our benefit and not for your benefit, except as provided in this l 11 C t t d lo fi e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for ?., ., on rac an w g b. OUR RId#t TOWRTH?SE -INSURAN CE CHECKS: You agree. that the Seller Assignee 'sale and selling the Vehicle as may be allowed by law. -These costs will only be due it. , , 11 any subsequent Fstign't F; an authorizediemployee of any of them ('we') may endorse your 1. Default exceeds fifteen (15) days at the time of repossession; 2. The amount of costs are actuaL necessary and reasonable; and name, acting as your agent, to any check, draft or other instrument we receive in payment of an insured lo?f ret r Off ins ra haplAums. You thaw do not have Ow right td nr $ti to inaO' ir?l e?orsemenl You agree that 3. We can prove the casts were paid. 15. HEIRS AND PERSONAL REPRESENTATIVES BOU D: After your death, this "*Pall we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law. ?I USE OF PR9CEid! 9ti l i i d i be enforceable against yo?nrs a?o? personal representaiivq ot.yyppur ?jj??. 16. GOVERNING LAW: This Bb oa-t {s to be interpreted accatdihjp 0 t?l??Ir?rf Pennsylvania. 17 SEVERABILITY OF PROVISIONS: It, for any reason any part of this Contract shall become y any c. e may app nsurance procee s we rece ve to repa r or replace the Vehicle if, in our,opimon, it ?t economically feasible and you are not then in . illegal, void or unenforceable, that part shall not be part of this Contract. default of this Cp?t?c ?Orw a we will apply the insurance. proceeds to reduce the unpaid balance due us A1iLtre bal3rlce due us is paid, any excess will belong to you. 18. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract 19. THERE ARE NO WARRANTIES BY SELLER; EXPRESSED OR IMPLIED, ?NCLUDIMG•THE 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE, VEHICLE OR INSURANCE: If you fail,to keep your promises to pay. filing fees, taxes, liens or UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER the costs necessary to keep the Vehicle in?good condition and repair, we may advance any ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF money you promised to payeleyou fail to Ifeep your promises about required insurance, we THIS CONTRgcf.,lFw I 1 3U I TDMDTuA OJOH32UGH puy?ed W11193 indo S ' r: Ill Car which is described on the face of this Contract has a Boyer' jul W 9w tI ' ?rt? ired_ by the Federal ?` A o w? r e - 9f 3Iir ` Trade Commis! n Used Ca Tfad ll2 gulatio h Rule, tt.e•foTowing riRice applies: t The 4011110on you see on the window form for this Vehicle i s part 6f-this-Contract. Information on the window form overrides any da tS clffitrary provisions in the contract of sale. NOTICE-ANY HOLDER WSTifl81 CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER?,OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALE. NOT EXCEED AMOUNTS'PAID BY-TH E DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE e, The signer(s) of this Contract Hereby take(s) notice that Group Credit Life Insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable to this Contract if so marked on the front of thi! Contract and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the insurer, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit-Insurance to be purchased. The term of insurance wig commence as of the date the indebtedness is incurred and wig expire on:lhe original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days, there will be deliverid to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges,wif be made,rWhen due. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW1IS NOT PART OF THE PENNSYLVANIA.MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. ASSIGNMENT To induce you, the Assignee, identified on the face of this Contraelor as follows, (Name) t?o__eeurchase the within Conlract,.the Seller+herebi warrants and repreielnts, and continues to warrant and represent that the sale has been made in strict conformity with all applicable t3?iyQ e?Blocal laws and regulations ;in?t_ding, but not limited ?to •Artiele 2 of the Pennsylvania Uniform Commercial eoag IL33? QS(ff 9ED1 d384pbr 6tleltot IT1e'LOntract and the Vehicle covered thereby is absolute,'frAe ol.all liens, eneumtirancces-and security'interests, and is subject only to the rights of the Buyer as set forth therein;, the Contract is genuine, the TRADE-IN: You have traded in sum, r? 10372.. i the following vehicle: r Cash Downpsyment, Year and Make Description S 1000.00 lf a balance is still owing an the vehicle You. have traded in. the Seger will pay oR this amount on your behalf. You warrant and represent to us that Trade-In ' any trade-in is free from lien, claim, encumbranci or security interest, except as shown in the Iterkation of Amount Financed as the -Lien Payoff.- Value of Trade-In PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against hiss or damage to the Vehicle and against N/A liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the.Vehicle and keep it insured. • S CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident if'Health.(Disabilily) Insurance are not r OP r Lien,Payoff,to: credit, and will not be provided unless you sign.below and agree to pay the additional cast(s). Please read the NOTICE OF PROPO SED.CR DIT 3 N/A INSURANCE on the.reverse side. Your insurance certificate or policy will tell you the. MAXIMUM amount of insurance available..All Insurance ' Unpaid Cash Price Balance . purchased will be for the term of the credit. . . - • . . I-) . S 9372.30 By signing. you select Single Credit Lila Insurance, . What is your /A BY signin& you select Single Credit Accident b What is your - To Credit Insurance Company which costs $ , aged Years Health Insurance, which costs i N/A age?, Years = N/A s To Public Officials for. `Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer-to be insured for Single Credit Accident: d Health lnsurena d License, Tags and Registration By signing, you both select Joint Credit Life Insurance which costs S N/A' What are BY signing you loth gannet Joint Credit M/A, Whatare Percentage Atxideid g Health Insurance which casts = 'E d $ 78:.N~ your ago? . you rages? to be • Lien Fee, . insured A = 5.00 t. : z . , $ 1397. N . 2 % ' JALR? FEE T ~ Signatures of both Buyers to be insured forJoitt Credit Life Insurance ,. . Signatures of both Buyers to be insured for Joint o o Credit Accident f& Health Insurance $ 55.08 C5 TO Insurer. N/A VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra:equipment, ivhich.is called- ' ' d SRILES TAX To t he Vehicle in this Contract _ v.. -A 1,11". S 718.17 ,, 2= am hilSdtL.' ILffS?fI4GSdalGlht SgLilllgN!?!L Amount Financed .. 3FAFP13P71R141 3.S 11817:67 2001 FORD : 'ESCORT • Finance Charge Equipped A.T.. P.S. AM-FM Stereo 5 Spd.., Other • S 6167.93 with. _ _ A.C. _ P.W. _ AM.FM•Tape _ Vinyl Top Total of Payments (time Balance) ASSIGNEE: We.may assign this:Contraci and Security-'Agreerent to a sales finance company,which is the 'Assignee.' If the Assignee assigns = 17985.60 the Contract to a. subsequent.assignee, the term also refers to-such subsequent assignee. After, the assignment, all rights arid benefits of the Payment Schedule --You agree-to-pay • Seller. in this Contract add in the Security Agreement shag belorig to and be enforceable by the Assignee. The Assignee wig notify you when to us the Amount Financed plus interest in .and if Seller makes an A%18hX1D AWTOMOTIVE FINANCE .59 PO BOX 17992 _ payments of t 299.76 c SAN "DIEGO CA 92177 - - ' ,? ' , .. - .each,-and' a•-final payment of CO-SIGNER: Any person signing the Co-Signers Agreement below promises separately arid logethei wilh•all Co-Signeds) and Buyir(s), to pay S 2gg,:76 The first all sums due and to perform all agreements in this Contract Cc-Signer will not be an Owner of the Vehicle. CO-OWNER: An . rson signing the Co-owner's Secure - - - payment will to due on SEp 21 fit Y Pe 6 ty Agreement below gives us a security interest in the Vehicle and agrees separately and, together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other.parts of this Contract except the 2902 and than payments' 'Promise to Pay' section. wig be due on that same day of each month TERMS: The terms shown in the boxes above are part of this ContracL a t. . following. PROMISE TO PAY.,tYou agree to pay us the Total Sale Price for the Vehicle by mating the Cash. SECURITY. AGREEMENT: To secure the payment of all sums due and the performance of all Downpayment and assigning the Trade-In, it shown above, on or before the date of this Contract and required obligations under, this Contract, you give a security interest in the Vehicle, in all paying us the Amount Financed plus interest. You promise to make payments in accordance with the _, arts_(called accessionsl attached to the Vehicle at any later time, and in arty proceeds of Payment Schedule. You promise to make payments on or before the same day of each month.as the . Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and fast payment due date. You agree to pay all other. amounts which may become due under the terms unpaid undei this Contract against any of our money on deposit with Assignee. This of this Contract. You agree to pay the Seger or Assignee costs of suit You also agree to pay in cedes any motley which is now or may in the future be deposited with Assignee by you. reasonable attorneys' tea if Seger or Assignee hires an attorney to colecl amounts due under the Assi flee may do this without an rior notice to ou. Contract or to preW or get possession of the Vehicle. You agree to make payments at the place Of to ADDITIONAL E MS AN ON ALL THE TERMS THIS S CONTRACT CONTINUES ON THE REVERS send payments to the address which the Assignee most recently s SIDE YOU ARE OBLIGATED TO All THE TERMS OF THE CONTRACT WHICH APPEAR ON-THE specifies in the written notice.lo you. FRONT AND REVERSE SIDES. By signing below, we agree to sell the Vehicle to you under the terms of this Contiacl. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YO LEGAL RIGHTS SELLER SECOND CH%1NCE CREDIT M*ER BUYS 8/22/2002 •?sEu Date • 08/22/2002 F . BY: BUYER Date) Date CO-SIGNER: YOU SHOULD'READ-THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU. ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNERS AGREEMENT. CO-SIGNERS AGREEMENT: You, the person (or persotu) signing below as "Co-Signer," promise to pay -to us all sums due on this Contract and to perform all agreements in this Contract. You intend to be legally-bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to induce us to make this Contract with the Buyer, even.though we will use the proceeds only for the Buyer's benefit. You agree to pay even though. we may not have - =made;any;priordemand.forpayment on•the.Buyer.or exercised our security interest. You also acknowledge receiving a completed-copy of,this Conlracl. ` ' (SEAL) - Co-signer's Signature Address Date r (SEAL) Co-Signer's Signature Address Dale CO-OWNERS SECURITY AGREEMENT: You, the person signing be) ow as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, give us a Security Interest in the-Vehicle identified above. You agree to be bound by the terms of the Security Agreement end all other parts of this Contract except the "Promise To Pay'section. You are giving us the security interest to induct to to make'this Contract with the Buyer, and to secure the payment by the Buyer of all sums due on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. -•. (SEAL) Co-owner's Signature ER p Address Date U qmo i SIGN GCO-OWNER, AS APPLICABLE,•ACKNOWL'EDGE.RECEIPT-.OF A COMPLETED COPY OF THIS CONTRACT BUYER COSIGNER CO-SIGNER OR CO-OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. BANCON[WIN 11 FORM PA 23-SLC pia. a/aq ' ORIGINAL , wide , OEAIER cry • • escort • aORROwER'S/C65N11ER'S COR' . Ptak • COPY • Gsldsix:d 2000 eANCON511MER SERwCE, IK . CERTIFICATE OF PURCHASE I, DAWN RANNELLS , hereby depose and state that: 1. I am an Authorized Agent of CACV of Colorado, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: JAN E LINCOURT Original Creditor: Household Automotive Fin. Corp Account Number: 500001140358 3. On or about March 12, 2004 this account was issued by the original creditor. CACV of Colorado, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: APR 0 2 2007 By Sworn and subscribed to before me this 4?)) day of , 2007. PRUDENCE TINBERG Notary Public Notary Public State of Colorado My Commission Expires: My commission Expires May 03, 2010 ® EXHIBIT C') r? Cl ? G SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06993 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS LINCOURT JAN 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 LINCOURT JAN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , LINCOURT JAN 540 THIRD STREET NOT FOUND , as to ENOLA. PA 17025 PER MOTHER DEFENDANT MOVED FIVE YEARS AGO AND THEY ARE NOT LONGER IN CONTACT WITH EACH OTHER. Sheriff's Costs: So answers: Docketing 18.00 -?- Service 14.40 r Affidavit .00 R. Thomas Kline Surcharge ^ 10.00 Sheriff of Cumberland County D .00 42.40 JOHN P RODGERS ./? 11/27/2007 Sworn and Subscribed to before me this day of , A. D.