Loading...
HomeMy WebLinkAbout07-7164 HAYT, HAYT & LANDAU BY: ARTHUR LASHIN, ESQUIRE IDENTIFICATION NO. 231425 SIXTH FLOOR 400 MARKET STREET PHILADELPHIA, PA 19106-2509 (215) 928-1400 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK One Sovereign Way East Providence, Rhode Island 02915 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION TERM, VS. CHARLES H. BITNER, JR. 429 N. East Street Carlisle, Pennsylvania 17013 CIVIL ACTION "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 en- tered against you by the court without further notice for any mon- ey claimed in the complaint or for any other claim or relief request- ed by the plaintiff. You may lose money or property or other rights important to you. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 No. 07-'1l(nq 0 vi ( I" "AV ISO "Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demindas expuestas en las p'aginas siguientes, usted tiene veinte (20) dials, de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus obfeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomarea medidas y puede continuar la demanda en contra suyaJsin previo aviso o notificacibn. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. "LLEVE ESTA DEMANDA A UN ABOGAOO INMEDIATAMENTE. St NO TIENE A30GADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TEL FONO A LA OFICINA CUYA DIRECCICtN SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CIVIL ACTION 1. Plaintiff, Sovereign Bank is a national banking association duly organized and existing under the laws of the State of Rhode Island and authorized to do business in the Commonwealth of Pennsylvania with offices located at One Sovereign Way, East Providence, Rhode Island 02915. 2. Defendant(s) Charles H. Bitner, Jr. is/are individuals(s) residing at the address(es) contained in the caption of the case. 3. On or about March 20, 2006, Defendant(s) (buyer) entered into a written Pennsylvania Motor Vehicle Installment Contract (hereinafter called the Contract) to purchase a'Vehicle" from dealer (creditor) as fully described in said Contract, said purchase to be made according to the terms, prices and conditions contained the aforesaid Contract, a true and correct copy of said Contract being attached hereto, made a part hereof, and marked Exhibit "A". 4. "Creditor" subsequently assigned the aforesaid Contract to Plaintiff, Sovereign Bank. 5. Subsequently, Defendant(s) did default upon the aforesaid Contract by failing to make timely instalment payment to Plaintiff and in accordance therewith the entire remaining balance became due and payable immediately. 6. The aforesaid Contract further provides that in the event of default, Plaintiff may repossess the 'Vehicle" and sell same in accord with the terms of the aforesaid Contract. 7. The aforesaid Contract further provides that buyer agrees to pay lawyers fees and legal costs permitted by law. 8. As a consequence of the foregoing, there is currently due and owing to Plaintiff by the Defendant(s) the following sums: Unpaid Balance: $9,670.98 Interest: 617.94 Additional Charges: 49.95 Attorney's fee: 2,067.77 Total Due: $12,406.64 9. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands that judgment be entered against Defendant(s) in favor of Plaintiff in the amount of $12,406.64 together with interest and C* By: HAYT, HAYT & Arthur Lashin, KUii Attorney for Plaintiff PONSYLVA I-A MARCH 20th 2006 MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated ANNUAL FINANCE PERCENTAGE RATE CHARGE The cost of your credit as The dollar amount the a yearly rate. credit will cost you. %I $ Your Payment Schedule will be: $ 29977.20 No. of Payments Amount of Payments When Payments Are Due AID $ 49g_ j;p Monthly, beginning 9th p pgIL 1, $ Total Sale Price The total cost of your purchase on credit, inc1 yNdownpaymeat of $ $ 30184.58 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: $ Late Charge: If a payment is not paid within 10 days after its due date, you will be charged 2% of the portion of the payment that 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 additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate this Contract we are 4 PARK SIDE CT PO BOX 186 w the SELLER. t ;zTDV FORD MIFFLINTOWN PA 17059 Name Address Zip Code County J.UNIATA You are the BUYER(S). CHARLES H BITNER JR 429 NORTH EAST ST CARLISLE PFD 17013 Name(s) Address(es) Zip Code(s) County CUMBERLAND If 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 TRADE-IN: You have traded in the following vehicP01 HONDA CR-V RED 4 DOOR UTILI Year and Make Description 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 any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the "Itemization of Amount Financed" as the "Lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and agreement page, which is part of this Contract This agreement will apply during the entire term of the Contract This agreement may not cover your entire. indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and avrepmpnt Type of Debt Cancellation Agreement Charge; Signature Guaranteed auto protection (GAP) $ N/A By signing, you select guaranteed auto protection Signature of Buyer a-ViUc GunikAui OR wARRANIT AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. The service contract or warranty agreement will not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is no separate charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF. PROPOSED' CREDIT INSURANCE on the reverse side for a description of coverage. Your insurance certificate or policy will provide further details about your insurance. All insurance purchased will be for the term of the:credit We may receive a financial benefit from your purchase of credit insurance. By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What isyp which costs $ N/A age? 33 Years Health Insurance, which costs $ N/A age? 39 Years Signature of Buyer to be insured for Single Credit Life Insurance By signing, you both select Joint What are Credit Life Insurance, which costs $ N/A your ages? 2. Signatures of both Buyers to be insured for Joint Credit Life Insurance 2. Signatures of both Buyers to be insured for .;pint Credit Accident & Health Insurance % VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called the "Vehicle" in this Contract N/U Year an MAg eri BodyZk No Cvl Truck Ton Caoacity iQLW Number USED 2003 CHEVROLET TRUCK EXTENDED 8 1GCEK19T53E26772! Equipped _ A.T. _ P.S. _ AM-FM Stereo _ 5 Spd. Other with ___M. - P.W, _ AM-FM Tape _ Vinyl Top ASSIGNEE. We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If the Assignee assigns the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and. benefits of the Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when and if Seller makes an assignment SOVEREIGN BANK, 1130 Berkshire Boulevard, Wyomissing, PA 19610 CO-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Signer(s) and Buyer(s), to pay all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. CO-OWNER: Any person signing the Co-Owner's Security 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 "Promise to Pay" section. E011811 IV TERMS: The terms shown in the boxes above are nart of thk rnntmrf Signature of Buyer to be insured for Single Cred th Accident & Health Insurance By signing, you both select Joint Credit Accident & Health Insurance, which costs $ N/ANhatare Percentage your ages? to be insured 1. Amount Financed Total of Payments The amount of credit provided The amount you will have paid after you to you or on your behalf, have made all scheduled payments. IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU. MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. This Contract is between Seller and Buyer.. All disclosures have been made by- Seller. Seller intends to assign this Contract to the Assignee. Itemization of Amount Financed Cash Price fincludinff optional serv co i th ice n e amo amount of S?V7N * paid to & sales tax of $ Cash Price 24774.70 Cash Downpayment N/A Trade-In Value of Tradt1Ne0.00 $ MEMBERS FIRST FE Lien Payoff to, Unpaid Cash 94%W12 Optional Debt Cancellatp §0) Document PreparaWe®0 Paid to Others on Your Behalf To Public Officials for. License, Tags and Rggjstra w 1221100. 7755 $ Lien Fee $ 5.00 Taxes Not Included in 10kice To $ 10. 9+;3 ONLINE FE For Messenger Service To For To Credit Insurance Company $ s For N/A To For To For To $ s For To $ * For To For Amount Financed $ 24763.52 All insurance purchased will be for the term of the credit. We may receive a financial benefit from your purcr.ase of credit insurance. By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is which costs $ N/A age? 33 Years I Health Insurance, which costs $ N/A age? Years Signature of Buyer to be insured for Single Credit Life insurance tSignature of Buyer to be insured for Single Credit Accident & Health Insurance By signing, you both select Joint What are By signing, you both select Joint Credit Credit Life Insurance, which costs $ N/A your ages? Accident & Health Insurance, which costs $ N/tV ratare ages? to Percentage insured 1. 1. 96 $ 5.00 Taxes Not Included in C04 ice To $ ONLINE FEI For Messenger Service To 2 . To Credit Insurance Company . Signatures of both Buyers to be insured for Joint Credit Life Insurance 2. % Signatures of both Buyers to be insured for Joint $ N/A For Credit Accident & Health Insurance To Insurer. $ VEHICLE: You have agreed to. purchase,, under the terms of this Contract, the following motor vehicle and its extra equipment which is called " " For , the Vehicle in this Contract. To N/U > &ULnAMake ;; D& No.SclL I[& Ton Capacity 5" Number $ USED 2003 CHEVROLET TRUCK EXTENDED B IGCEK19T53E26772 For Equipped _ A.T. _ P.S. _: AM-FM Stereo _ 5 Spd. Other To with _ )fRIC.._ P.W. _ AM-FM Tape -Vinyl Top $ ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is thel"Assignee." If the Assignee assigns For the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the To Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when and if Seller makes an assignment $ SOVEREIGN BANK, 1130 Berkshire Boulevard, Wyomissing, PA 19610 For To CO-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Signer(s) and Buyer(s), to pay $ all sums due and to perform all agreements in this Contract Co-Signer will not be an Owner of the Vehicle. For CO=OWNER: Any person signing the to-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and Amount Financed 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 24763 52 "Promise to.Pay" section. $ . * * * * TERMS. The terms shown in the boxes above are part of this Contract. We may retain a portion of amounts marked* PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment and assigning the Trade-in, if shown above, on or before the date of this Contract, and paying us the Amount Financed plus interest. You promise to make payments in accordance with the Payment Schedule. You promise to make payments on or before the same day of each month as the first payment due date. You agree to pay all other amounts which may become due under the terms of this Contract You agree to pay the Seller or Assignee costs of suit You also agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most recently specifies in the written notice to you. The Annual Percentage Rate maybe negotiable with the Seller. ADDITIONAL DISCLOSURES, TERMS'AND CONDITIONS: The Seller may assign this contract and may receive a part of Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to the Finance Charge. Buyer. Terms and Conditions: Before signing this Contract, be sure you receive and read the following, if marked X, which are additional pages to and part of this Contract. M This Contract continues on the reverse side. 0 Debt Cancellation (guaranteed auto protection) separate disclosure and agreement By signing below, we agree to sell the Vehicle to you under the terms of this Contract. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANI ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT Y KEEP IT TO PROTECTIOUR LEGALRIGHTS. SELLS Y FOR BUYER (SEALS 03/20/1 Date BY: 03`/20/0 BUYER (SEAL) 03/20/t Date Date CO-SI N fOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNI . E CO-SIGNERS AGREEMENT: CO-SIG 'S AGREEMENT: You, the person (or persons) 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 prioz demand for payment on the Buyer Or exercised our'security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Co-Signer.'s Signature Address Date (SEAL). Co-Signer's Signature Address Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer(s) 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 and all other parts of this Contract except the "Promise To Pay"section. You are giving us the security interest to induce us 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) 03/20/ Co-owner's Signature - Address Date The persons signing below expressly agree to be bound by the arbitration provision in Section 22 on the reverse side. Such persons (all referred to as "you" in the arbitration provision) agree that, we may rely on the fact that they have read, understand and agree to that provision. THE PERSONS SIGNING BELOW UNDERSTAND AND AGREE THAT DISPUTES MAY BE RESOLVED BY ARBITRATION IN OF BY LITIGATION IN COURT AND ACKNOWLEDGE THAT THEY HAVE RECEIVED A COPY OF SOVEREIGN BANKS PRIVACY POLIC BUYER, CO-SIGNER AND CO-OWNER PLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AND PRIVACY NOTIC HE TIME OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CA AWTIONAL TERMS AND-CONDITIONS.. BUYER: BANCONSUMER FORM PAS123DCSLC-1 (12104) UYER CO-SIGNER CO-SIGNER OR CO-OWNER NOTICE; SEE REVERSE SIDE FOR IMPORTANT INFORMATION. • SERVICE; INC. 2004 BANCONSUMER ORIGINAL -.White DEALER COPY Canary • BORROWER'S/CO-SIGNERS.COPY - Pink • COPY - Goldenrod ADDITIONAL TERMS AND CONDITIONS 1. SECURITY AGREEMENT: To secure the payment of all sums due and the;?eirbfmance of Ylal(t Aot keep any promise you made in another Contract, Note, Loan dr Agreement II required obligations under this Contract, you give a security interest in the Vehicle, in all with Seller or Assignee; or parts (called accessions") attached to the Vehicle at any later time; and in any proceeds of d. You made any untrue statement in the credit application for this Contract; or he Vehicle, including insurance proceeds.-The Assignee may set-off any amounts due and e. You committed any forgery in connection with this Contract; or unpaid under this Contract against any of your money on deposit with Assignee. This f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court includes any money which is now or may.in the future be deposited with Assignee by you. with jurisdiction to do so to be incapacitated; or Assignee may do this without-any prior notice to you. g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or 2. HOW THE TOTAL Of PAYMENTS IS COMPUTED: The Total of Payments is the sum of the insolvency proceedings against you; or Amount Financed and the Finance Charge. The Finance Charge consists solely of interest h. You take the Vehicle outside the United States or Canada without our written consent; or computed daily on the outstanding balance of the Amount Financed. The Finance Charge L You use the Vehicle or allow someone else to use it in a way that causes it not to be shown on the front side has been computed on the assumption that we will receive all covered by your insurance; or payments on their scIiieduled2ilde`Ates ' j. Y,.ou do,sopething that.causes the Vehicle to be subjectto confiscation by government k t 3. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding balance subject to interest on each day of the loan term including any period for which a late -; , , authorities; ol k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not , charge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided by the number of days in that calendar year. Buyer agrees that because interest is calculated fixed or found within a reasonable time; or I. Another creditor tries to take the Vehicle or your money on deposit with Assignee by on a daily basis, late payments will result in additional interest (and, if applicable, a charge). Early payments will result in less interest being charged. Early and/or late paymen , legal process. y 14.Ot1Rt?tI&HTS le* ARE IN DEFAULT OF THA CONTRACT- If you are in Default of this will cause the amount of the final payment to change. Contract, we may enforce our rights according tq.law..We may also do the things specifically 4. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 mentioned in this Contract We may do one of these things and at the same time or later do another. Some of the things may are the following days after its due date. The late charge will be 2% per month on the unpaid amount of the payment We will consider any part of a month in excess of 10 days to be a full month The a. ACCELERATION: can demand that you pay to us the entire unpaid balance owing . late charge will be due when earned. No late charge will be due if the reason that the Contract and all urinp on the paidFinance Charges and other agree that you will money due. You fey this money to us one single payment immediately upon receiving our demand. payment is late is because, after default, the entire outstanding balance on this Contract is due. No late charge will be due if the only reason that the payment is late is because of a late b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. can do : . charge assessed on anearlierpaymeM 5. APPLICATION OF PAYMENTS- We will apply paymeRiss-ih the #dhowing ordel orp'h r* this ourselves, have a qualified person do it for us, or have a government official (by replevin) o tot for us. You agree that we can peaceably come on to your property to do this. We may ?fS ke. any other things found in the Vehicle, but will return these things to you if you ask. If you first to interest and then to late charges, fees, principal and any,ether amognA,? yqu owoin. the order that we choose. - " `' . want4hese things back, you may reclaim them within thirty t30). days of our mailing you a Notice `of Repossession. If you do not reclaim the things founc)irI: a Vehicle within that time 6. PREPAYMENT: You may prepay, in full or in part, the amount owed on is tr,etat any i ;n? , we may dispose of those things in the same manner as-the Motor Vehicle. You agree that we time without penalty. If you prepay the Contract in part, you agree t t d iYe=td=make may use your license plates in repossessing the Vehicle and taking it to a place for storage. regularly scheduled payments until you pay all amounts due under this Contract This will c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably reduce the number of payments you will make. - - - - - -convent nt.place. You agre t giv e_us the Vehicle if we ask. 7. WAIVERS. a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive. the iflVo,ireat any property as security for the repayment of this Contract, except for the`Vehic e' fl' 'tfhree other security sped IyLmentioned in this Contract b. WAIVERS 10YER, CO SIGNER AND CO-OWNER: You agree to make all payments on or before they. are due. without our having to ask. If you don't, we may enforce our tjgtifs without'ndtifyIng you in advance. You give up any right you may have to require that. we enforce our rights against some other person or property before we enforce our rights against you. You agree that we may give up our rights against some other person but not against you. You waive due ddigene0rl d0ection and all defenses based on suretyship and impairment of collateral or security. 8. INTEREST AFTbR MATURITY AND JUDGMENT: Interest at the rate provided in this Contract shall continue to accrue on the unpaid balance until paid in full, even after maturity and/or after we get a judgment against you for the amounts due. This will apply even if the maturity occurs because of acceleration. If at any time interest as provided for in this paragraph is not perms d by law, interest shall accrue at the highest rate allowed by applica blerlatwbegirliliQgtthal time. 9 YOUR PROMISES , ABOUT OUR SECURITY INTEREST: You will not permit anyone other than us to obtain a seauniy riterest or other rights in :the Vehicle. You will pay all filing fees necessary for us to obtain and maintain our security interest in the Vehicle. You will assist us in having our security ; interest noted on the Certificate of Title to the Vehicle. You will not sell or give away the Vehicle: If someone puts a lien on the Vehicle, you will pay the obligation and clear the lien. 10. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and repair. You will pay all taxes and charges on the .Vehicle. You will pay all costs of maintaining the Vehicle. You mill not,abuse the Vehicle or permit anything to be done to the Vehicle which will reduce its villiie, other than for normal wear and use. You will not use the Vehicle for illegal purposes or for hire or lease. You wil[not move the Vehicle from your address shown on the front of this Contract to a new permanent place of garaging without.notifying us in advance. 11. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, theft and collision until all sums due us are paid in full. The insurance coverage.must be satisfactory to uslgd_,protect your interests and our interests at the time of any insured loss. 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 in the state where the Vehicle is permanently garaged. The insurance policy must provide us with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On request, you shall deliver the policy or other evidence of insurance coverage to us. In the event of the loss- or damage.to the Vehicle, you will immediately notify us in. Writing and file a proof of loss with the insurer. a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the Vehicle, if you fail or refuse to file a claim or proof of. loss with the insurance company, you agree that'the Seller, Assignee, any subsequent assignee, or any authorized employee of any of them ("we") may file a proof of loss with the insurance company; in.your name and. acting as your agent, with respect to the insured claim. You agree that you do not have the right to, and will not, revoke the power you have given us to file a proof of loss. You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, any subsequent assignee, or an authorized employee of any of them ("we") may endorse your name, acting as your agent, to any check, draft or other instrument we receive in payment of an insured loss or return of insurance premiums. You agree that you do not have the right to, and will not, revoke the power you have given us to make your endorsement. You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law. c. USE, OF PROCEEDS, We may apply any insurance proceeds we receive to repair or replace the Vehicle if, in our opinion, it is economically feasible and you are not then in default of this Contract Otherwise, we will apply the insurance proceeds to reduce the unpaid balance due us. After the balance due us is paid, any excess will belong to you. 12. OUR RIGHTS IF YOU BREAK YOUR RROMISEs ABOUT THE SECURITY INTEREST, VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or the costs necessary to keep the Vehicle in good condition and repair, we may advance any money you promised to pay. If you fail to keep your promises about required insurance, we may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the choice of whether or not to advance any money for these purposes. Such insurance will be limited to an amount not greater than you owe on this Contract. THE INSURANCE WE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PURCHASE YOURSELF. We will add any money we advance on your behalf to the balance on which we impose Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay the money advanced as we alone may specify: (i) immediately on demand, or (ii) along with your monthly payments. If we choose to allow you to repay the money advanced along with your monthly payments, we can choose the amount of these payments and how long you have to repay. If any of ourrig% stated in this paragraph are not permitted by law, we still have the nthar riahk mantinnari rlui navmantc nn mir hohalf will not curs mir failnra to nPrfnrm . U. ELA tf1-EN ORC E T. .,We Gail delay-enforuing our. rights under this Contract without losing any rights. 15. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess, without Using a government official (by replevin): a. NOTICE: We will send you. a Notice of Repossession to your last address we know about 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 other amounts due. You may not get the Vehicle back by paying delinquent installments. This Notice will tell f ou,•dtheriMifim bon iao6ired.ty.-kW. ; i:: b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is reasonably possible, but in not more than ten (10).business days of. our receipt of the funds required. If you do not redeem, you give up all claim to the Vehicle. . c. SALE: If you don't redeem, we will 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 Contract d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is not enough money, from the sale to pay what you owe, Buyer and Co-Signer agree to pay what is still owed to us. . e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for sale and selling the Vehicle as may be allowed by law. These costs will only be due if: 1. Default e*ceeds fifteen (15) days at the time of repossession; 2. The amodntof costs are actual, necessary and reasonable; and 3. We can prove the costs were paid. 16. SUMMARY NOTICE REGARDING PREPAYMENT AND REINSTATEMENT: You may prepay all or part of the amount you owe under this contract any time without penalty. We never charge or rebate unearned finance charges. If you default and we repossess your vehicle, we will NOT allow you to pay the amounts you owe us to get your vehicle back and reinstate this contract. 17. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall be enforceable against your heirs and personal representatives of your estate. 18. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania. 19. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become illegal, void or unenforceable, that part shall not be a part of this Contract 20. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract 21. THERE ARE NO WARRANTIES.. BY.SELLER, EXPRESSED OR IMPLIED, INCLUDING.THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR.A.PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU *A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. 22. ARBITRATION: a. You and we agree that either party may, elect to arbitrate - and require the other party to arbitrate- any claim or dispute of what6br, nature that arises from or-relates in any way to this Contract If we or you choose arbitration with respect to a claim or dispute, neither you nor we will then have the right to litigate that claim in court, have a jury trial on that claim, or participate in a class action suit or private attorney general action. If you or we choose to arbitrate a dispute or claim, the party choosing to arbitrate must give the other notice in writing. The arbitrator shall apply Pennsylvania and federal substantive law, as applicable, but the arbitrability of all claims or disputes shall be governed by the Federal Arbitration Act, and not by state arbitration statutes. Any judgment upon the award rendered by arbitration may be entered in any court having jurisdiction. The arbitration will be held in the county where the Seller is located. b. The party initiating arbitration shall have the right to select one of the following arbitration administrators whose rules and procedures shall govern the process. National Arbitration Forum American Arbitration Association P.O. Box 50191 335 Madison Avenue, Floor 10 Minneapolis, MN 55405-0191 New York, NY 10017-4605 1.800.474-2371 1_1100-352-5267-s www.arbitration-forum.or¢ w r You may obtain the arbitration rules by contacting the above administrators. There shall be one arbitrator acceptable to the parties. The arbitrator shall be independent and unrelated to you or us. If.yo6 are an individual using the Vehicle primarily for personal, family or household use, we agree that we will pay the first $100 in filing and administrative fees if you wish to initiate arbitration. c. Any demand for arbitration must be made within the applicable time limit which would apply if the claim or dispute were, brought in court d. YOU AND WE ARE VOLUNTARILY AND KNOWINGLY GIVING UP RIGIiTS TO RESOLVE CERTAIN CLAIMS IN COURT AND. HAVE A JUDGE OR JURY DECIDE THE CASE. YOU ARE ALSO GIVING UP RIGHTS TO PARTICIPATE IN A CLASS ACTION, EITHER tN COURT OR IN ARBITRATION. ?XHIBfT 'o '? e. Even if you or we start a claim or dispute in court, the other can have it moved to arbitration. 93 IMPORTANT INFORMATION AROIIT PROr:FOI1RFS FOR OPFNING A NFW ACCOIINT- Tn with at least ten (10) days prior written notice of-any cancellation or reduction in coverage. On request;.you shall deliver the policy or other evidence of insurance coverage to us. In the event of the loss.or damage.to the Vehicle, you will immediately notify us in. writing and file a proof of loss with the insurer. a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the Vehicle, 9,.you fail or refuse to file a claim or proof of. loss. with the insurance company, you agree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any of them ("we") may file a proof of loss with the insurance company, in your name and acting as your agent, with respect to the insured claim. You agree that you do not have the right to, and will not, revoke the power you have given us to file a proof of loss. You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, any subsequent assignee, or an authorized employee of any of them ("we") may endorse your name, acting as. your agent, to any check, draft or other instrument we receive in payment of .an insured loss or return of insurance premiums. You agree that you do not have the right to, and will not, revoke the power you have given us to make your endorsement You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law, c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair or replace the Vehicle if, in our opinion, it is economically feasible and you are not then in default of this Contract Otherwise, we will apply the insurance proceeds to reduce the unpaid balance due us. After the balance due us is paid, any excess will belong to you. 12. OUR RIGHTS IF YOU BREAK YOUR RRDMIS.E$.AbOUT1HE SECURITY INTEREST, VEHICLE OR INSURANCE: If you fail to keep. your promises to pay filing fees, taxes, liens or the costs necessary to keep the Vehicle in good condition and repair, we may advance any money you promised to pay. If you fail to keep your promises about required. insurance, we may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the choice of whether or not to advance any money for these purposes. Such insurance will be limited to an amount not greater than you owe on this Contract THE INSURANCE .WE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PURCHASE YOURSELF.. We will add any money we advance on your behalf to the balance on which we impose Finance Charges at the Annual Percentage Rate of this Contract You agree to repay the money advanced as we alone may specify: (i) immediately on demand, or (ii) along with your monthly payments. If we choose to allow you to repay the money advanced along with your monthly payments, we can choose the amount of these payments and how long you have to. repay. If any of ouraigWstated in this paragraph are not permitted by law, we still have the other rights mentioned. Our payments on your behalf will not cure your failure to perform your promises in this Contract. 13. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner, or any one of them. You will, be in "Default' of the Contract if any one or more of the following things happen: a. You do not make any payment on or before it is due; or b. You do not keep any promise you made in this Contract; or 20. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract 21. THERE.ARE NO WARRANTIES, BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE W UNLESS WS ARRANTIES OF MERCHANTABILITY AND FITNESS FORA-PARTICULAR PURPOSE, ENTERS INTO A SERVICE NCOYOU'A NTRACT WITHT BUYER WITHIN A90 DAYS FROM THE D ATE SELLER THIS CONTRACT. 22. ARBITRATION: a. You and we agree that either party may elect to arbitrate - and require the other party to arbitrate- any claim or dispute of whatevl'r nature that arises from or relates in any way to this Contract If we or you choose arbitration with respect to a claim or dispute, neither you nor we will then have the right to litigate that claim in court, have a jury trial on that claim, or participate in a class action suit or private attorney general action. If you or we choose to arbitrate a dispute or claim, -the party choosing to arbitrate must give the other notice in writing. The arbitrator shall apply Pennsylvania and federal substantive law, as applicable, but the arbitrability of all claims or disputes shall be governed by the Federal Arbitration Act, and not by state arbitration statutes. Any judgment upon the award rendered by arbitration may be entered in any court having jurisdiction. The arbitration will be held in the county where the Seller is located. b. The party initiating arbitration shall have the right to select one of the following arbitration administrators whose rules and procedures shall govern the process. National Arbitration Forum American Arbitration Association P.O. Box 50191 335 Madison Avenue, Floor 10 Minneapolis, MN 55405-0191 New York, NY 10017-4605 1-800474.2371' _ 1-000-352.5267-. ,; . www arbitration forum.or¢ www.adr.or¢ You may obtain the arbitration rules by contacting the above administrators. There shall be one arbitrator acceptable to the parties. The arbitrator shall be independent and unrelated to you or us. If you are an individual using the Vehicle primarily for personal, family or household use, we agree that we will pay the first $100'infiling and administrative fees if you wish to initiate arbitration. c. Any demand for arbitration must be made within the applicable time limit which would apply if the claim or dispute were brought in court d. YOU AND WE ARE VOLUNTARILY AND KNOWINGLY GIVING UP RIGHTS TO RESOLVE CERTAIN CLAIMS IN COURT AND HAVE A JUDGE OR JURY DECIDE THE CASE. YOU ARE ALSO GIVING UP RIGHTS To PARTICIPATE IN A CLASS ACTION, EITHER IN COURT OR IN ARBITRATION. e. Even if you or we start a claim or dispute in court, the other can have it moved to arbitration. 23. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal Trade Commission Used Car Trade Regulation Rule, the following notice applies: The information you see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any contrary provisions in the contract of sale. NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS. SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR. SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.. NOTICE OF PROPOSED CREDIT INSURANCE 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 this Contract, and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the insurer, pgvers 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 iniiho 4vill commence as of the date the indebtedness.. s.incurred and. will expire on the original scheduled maturity date of the indebtedness.. Subject to accoptance by the insurer and within 30 days, there will be delivered to the insured debtor(s) a certificate'of insurance more fully describing the insurance. In the event of prepayment of the-indebtedness, a ret}md of insurance charges will be made when due. Upon the death of the insured, credit life insurance pays the scheduled unpaid part of the Amount Financed. During the disability of theinWred, and subject to any benefit waiting period, credit accident and health (disabiljtyy iMutange:,pays the scheduled monthly payments. Credit life insurance is based on the original payment schedule. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. To induce you, the "Assignee" identified on the face of this Contract or as follows, ASSIGNMENT ame to purchase the within Contract, the Seller hereby warrants and represents, and continues to warrant and represent that the sale has been made in strict conformity withall applica ble federal, state and local laws and regulations, including, but not limited to, Article 2 of the. Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. §§2101 et seq.); our title to-the Contract and the Vehicle covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract is genuine, the signatures thereon are not forgeries, arose from the sale of the Vehicle therein described, and all parties thereto are of full age and had capacity to contract; the description of the Vehicle and extra equipment is complete and correct; the cash downpayment and/or trade-in allowance were actually received and no part thereof consisted of notes, post-dated checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all warranties and statements therein are true; there is owing thereon the Amount Financed plus-interest at the Annual Percentage Rate of the Contract set forth therein; we are duly licensed under the Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-in-Lending Act and with any,other federal or state law, rule or regulation applicable to this Contract; a motor Vehicle title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied for promptly; the registration of the Vehicle has not been suspended and the Seller knows of no facts which may result in the suspension of said registration under the Pennsylvania Motor Vehicle Financial Responsibility Act the Buyer(s) named in the within Contract is (are) personally known to the Seller to be the same identical person(s) whose signature(s) is (are) affixed to this Contract; and Seller has'no knowledge of facts impairing the validity or value of the Contract If any such warranties or representations should be breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below, and said reMkdy shall be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seller. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as represented to the. Buyer by Seller, or that Seller refuses to honor any warranty or service agreement of Seller or manufacturer, Seller agrees that on being advised by Assignee of such claim of Buyer, Seller wiR repurchase the Contract from Assignee and. pay Assignee for same immediately in accordance with the repurchase terns set forth below, and Seller further agrees to hold Assignee harmless from any other claims of Buyer, including attorneys' fees, costs and expenses incurred. in defending against claims asserted by Buyer and including claims for refund of payments made by Buyer to Assignee. If the Seller contracts to purchase property insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior to its scheduled expiration date,. Seller will attempt to place comparable coverage with another insurance company onbehaff of the Buyer. If Seller is Unable to do so, Seller will.notify Buyer and pay to Buyer any additional costs incurred by the Buyer in obtaining replacement insurance for the unexpired period of the original insurance policy. By signing and dating the Contract, as Seller, delivering the Contract to the Assignee and accepting payment for it, Seller authorizes the Assignee to act as the Seller's agent for the purpose of completing or correcting the identification of the Assignee in this Assignment.to reflect the true Assignee who purchased the Contract and/or for the purpose of signing Seder's name to this Assignment, without recourse, if the. Assignment is delivered without the Seller's signature. Assignee may exercise the power given in this paragraph for the benefit of the Assignee and not for the benefit of the Seller. Seller does not have the right to and agrees not to revoke the power given in this paragraph. In the event that Seller is required by this Assignment to repurchase the Contract and/or Vehicle, Seller shall pay to Assignee, in cash, the full unpaid balance of the Contract as of the date of repurchase, plus any then earned Finance Charge and any and all costs and expenses-paid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in connection with claims by or against any Buyer, Owner or persons in possession of the Vehicle and/or by or against Seller. For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to become due thereunder, and all right title and interest in and to the Vehicle therein described, with full power in the Assignee in its or Seller's name to take such legal or other action which Seller might have taken save for this Assignment Unless Seller marks either of the endorsements below titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the provisions of the paragp"ed "Assignment," be without recourse. ? WITH FULL RECOURSE-Seller agrees that, in addition to the paragraph above titled "Assignment," in the Event of Default by Buyer in the full payment on the due date thereof of any installment payable under the Contract or in-the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, on demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash. computed asset forth above. ? WITH REPURCHASE-Seller agrees that, in addition to the provisions of the paragraph above titled "Assignment," in the Event of any Default by Buyer which shall entitle Assignee to repossess the Vehicle, Seller will, if the Vehicle is ripossessed by Assignee and delivered to Seller, and without regard to the then condition of the Vehicle, forthwith repurchase the Contract and the Vehicle from Assignee for a repurchase price, in cash, computed as set forth above. By signing below, we agree to the terms of the Assignment EXHIBIT "A" Seller MKONSUMER FORM PAS123DCSLC-1112/04) By Date i I STATE OF Rhode :S ?no SS COUNTY OF AFFIDAVIT Q?an0. ?. ?(av ?r?ssettc being duly sworn according to law, deposes and says that he/she is L90d SpecwLi ?s4- for Sovereign Bank, and that he/she is duly authorized to take this affidavit on behalf of Sovereign Bank, and that the facts contained in the attached pleading are true and correct to the best of his/her information, knowledge and belief. ?i Ibana M. M6MI55dIi!- Sworn to and Subscribed before me this 8 day of K6-em be r , 2001 K• Notary Public My Commission Expires 021412009 C? Its, 0 Q? NO 40 Lu J ' O SHERIFF'S RETURN - REGULAR CASE NO: 2007-07164 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS BITNER CHARLES H JR MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BITNER CHARLES H JR the DEFENDANT , at 1630:00 HOURS, on the 6th day of December-, 2007 at 429 N EAST STREET CARLISLE, PA 17013 by handing to KRISTEN KARPER, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 1/07 .00 33.38 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/07/2007 HAYT HAYT LANDAU By. 9_?? Deput heriff A. D. AIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION SOVEREIGN BANK NUMBER: 07-7164 CIVIL TERM vs. CHARLES H. BITNER, JR. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff and against the Defendant(s) Charles H. Bitner, Jr. for failure to answer Plaintiffs Complaint, endorsed with twenty (20) day notice to plead, served upon Defendant(s) on December 6, 2007 and assess damages as follows: Unpaid Balance $9,670.98 Plus Interest 617.94 Additional Charges 49.95 Plus Attorney's Fees 2,067.77 Less Credits, if any 00 TOTAL DUE $12,406.64 Pursuant to. PaR.C.P. 237. 1, I hereby certify that notice to file this Praecipe was mailed to Ae above named Defendant(s) and the Attorney of Record (if applicable) on November 5, 2008 and copy/copies of same is/are attached hereto ARTHUR LASHIN, ESQUIRE #23425 Attorney For Plaintiff HAYT, HAYT & LANDAU 400 Market Street 6th Floor Philadelphia, Pennsylvania 19106 (215) 928-1400 COURT OF COMMON PLEAS AFFIDAVIT OF NON-MILITARY SERVICE SOVEREIGN BANK STATE OF PENNSYLVANIA VS. CHARLES H. BITNER, JR. SS COUNTY OF PHILADELPHIA Arthur Lashin, being duly sworn according to Law, deposes and says that he represents the Plaintiff in the above entitled case; that he is authorized to make this Affidavit on behalf of the Plaintiff; and that the above named Defendant(s) is (are) 18 + years of age; the address of Defendant(s) is .429 N. East Street Carlisle, Pennsylvania 17013 Occupation of Defendant(s) is unknown; and the Defendant(s) is (are) not in the Military Service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and amendments thereto. Prothonotary Sworn to and subscribed before me this 17th day of November 20 08 A.D., Notary Public COMMONWEALTH OF PENNSYLVANIA r!-- Notarial Seal My commission expires: Shari Deana Outen, Notary Public City :-N* Philadelphia, Philadelphia County ?Rf.: ,,ornrnission Expires ?? "'_ 27, 2010 Niel oer, Pennsvhlani =eaSCri2';;r of Notries Arthur Lashin, Esquire, #23425 Attorney for Plaintiff HAYT, HAYT & LANDAU ID : PITo'`?SHIN, ESQUIRE SIXTH FLOOR 23425 400 MARKET STREET PHILADELPHIA, PA 19106-2509 (215) 928-1400 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK One Sovereign Way East Providence, Rhode Island 02915 vs. CHARLES H. BITNER, JR. 429 N. East Street Carlisle, Pennsylvania 17013 DATE: NOVEMBER 5, 2008 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION TERM, No. 07-7164 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT PURSUANT TO PA.&C.P 237.1 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 proper 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 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. Court Administrator Cumberland County Courthouse Carlise, PA 17013 (717) 240-6200 ARTHUR LASHIN, ESQUIRE, #23425 0 . °' t . rv CYS CD -rr -c - - ti OFFICE PROTHONOTARY • To: Charles H. Bitner, Jr. 429 N. East Street Carlisle, PA 17013 SOVEREIGN BANK VS. CHARLES H. BITNER, JR. Au_ W OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON-PLEAS CUMBERLAND County Term, No. 07-7164 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated 4Pofo . tar y ® Judgment by Default ? Money judgment ? judgment in Replevin ? judgment for Possession ($12,406.64 plus court costs) /t/IV /og ? Judgment on Award of Arbitration ? Judgment on Verdict ? Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY ARTHUR LASHIN, Esquire (Insert Attorney's Name) at this telephone number: (215) 928-1400 5.60 (2) (Rev. Q.1*78)