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HomeMy WebLinkAbout03-6407MICHELLE C. KAHAN, ESQUIRE Attorney I.D. No. 47118 2536 Eastern Boulevard Number 152 York, PA 17402 (717) 846-2954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDENT BANK OF MARYLAND Plaintiff, VS. NO. dPJ ~ ~' 5'o~2 ~t ~ CIVIL ACTION- AT LAW KEITH A. BURKHOLDER, Defendant COMPULSORY ARBITRATION NOTICE You have been sued in court, tfyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) 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 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 IlxtFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 1 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (8OO) 990-9108 ADVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estes demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. I-lace falta asentar una comparencia escrita o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomato medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte 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 ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR DEL SERVISO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTTRA ESCRITA ABAJO PARA AVERIGUAR IX)NDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 1 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDENT BANK OF MARYLAND Plaintiff, VS. KE1TH A. BURKHOLDER, Defendant NO. 03 CIVIL ACTION - AT LAW COMPULSORY ARBITRATION COMPLAINT FOR RECOVERY OF DEFICIENCY AFTER RESALE OF VEHICLE AND NOW, TO WIT, this 10r~day of December, 2003, comes the Plaintiff, Provident Bank of Maryland, by and through their Attorney, Michelle C. Kahan, Esquire, and files the following Complaint: 1. The Plaintiff, PROVIDENT BANK OF MARYLAND (hereinafter referred to as "Plaintiff'), is a financial institution qualified to conduct business within the Commonwealth of Pennsylvania, with its principal place of business at 114 East Lexington Street, Baltimore, Maryland 21202. 2. The Defendant, KEITH A. BURKHOLDER (hereinafter referred to as "Defendant"), is an adult individual residing at 7 N. Corporation Street, Newville, Cumberland County, Pennsylvania 17241, also possible residing at 600 N. Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. That on the 8th day of May, 2000 at Cumberland County, Pennsylvania, the Plaintiff by an Installment Sales Agreement in writing, a copy of which is hereto annexed, marked Exhibit "A", and made a part hereof, financed the Defendant' s purchase of a used 1996 Dodge 1500 PU Truck from Cumberland Valley Motors, located at 6714/20 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, in the amount of Fifteen Thousand Six Hundred Ninety-Five and 95/100 Dollars ($15,695.95). The Defendant agreed to pay the Plaintiffsixty (60) monthly payments of Three Hundred Forty-Nine and 06/100 Dollars ($349.06) each, commencing June 7, 2000 for the vehicle. 4. The Plaintiff delivered the vehicle to the Defendant on the said 8th day of May, 2000 and demanded monthly payments thereof, yet the Defendant became in default when Defendant failed to pay the installment sums of $349.06 due on September 7, 2000 and $349.06 due on October 7, 2000. 5, Thereafter, and on the 16th day of October, 2000, at Baltimore, Maryland, the Plaint/ffby a letter, a copy of which is hereto annexed, marked Exhibit "B", and made a part hereof, notified the Defendant that due to the missed payments, Plaintiff accelerated the balance due under the loan. 6. Thereafter, the Plaintiffproceeded to repossess the vehicle. 7. Thereafter, and on the 21 st day of December 2000, at Car and Truck Auction of Maryland, Inc., 803 Belair Road, Bel Air, Maryland 21014, the Plaintiffsold for and on account of the Defendant, the said 1996 Dodge 1500 PU Truck vehicle at public auction to the highest bidder. 8. The said 1996 Dodge 1500 PU Truck vehicle brought the sum of Eight Thousand Seven Hundred and 00/100 Dollars ($8,700.00) at the said sale. 9. The expenses attending upon such sale, including repossession, storage and transporting, copies of which are hereto annexed, marked Exhibit "C", and made a part hereof, amounted to the sum of Six Hundred Ninety-Seven and 50/100 Dollars ($697.50). Defendant received credit for insurance claims/cancellation in the amount of One Thousand Seven Hundred Ninety-Five and 07/100 Dollars ($1,795.07), leaving a balance of Nine Thousand Seven Hundred Ninety-Seven and 57/100 Dollars ($9,797,50) to be credited upon the said purchase price. I0. Therefore, by reason of the facts aforesaid, the Plaintiffhas been damaged in the sum of Five Thousand Seven Hundred Ninety-One and 87/100 dollars ($5,791.87) plus interest from March 21, 2001 at a daily interest rate of 95/100 dollars ($0.95). These damages being the difference between the purchase price of the vehicle financed by the Plaintiff, less the amount realized on the resale of the vehicle, less the amount received for an insurance credit/cancellation, and adding expenses of sale, payments made by Defendant and interest. 11. The Defendant agreed, as per the terms of the Installment Sales Agreement, that in the event the Agreement was placed for collection with an attorney, the Defendant will pay attorney' s fees of 15 percent of the amount owed by the Defendant plus court costs and disbursements. A copy of the terms of the Installment Sales Agreement is hereto annexed, marked Exhibit "A", and made a part hereof. 12. The Plaintiff has incurred attorney' s fees on amounts collected to date, will continue to incur attorney's fees, and has incurred costs in pursuit of this action. 13. This Complaint is an attempt to collect a debt. WBEREFORE, there is due and owing by the Defendant, KEITH A. BISRKHOLDER, to the Plaintiff, PROVIDENT BANK OF MARYLAND, the sum of Five Thousand Seven Hundred Ninety-One and 87/100 dollars ($5,791.87), plus costs of this suit, interest from March 21, 2001 at a daily interest rate of 95/100 dollars ($0.95) and reasonable attorneys' fees in the amount of fifteen percent (15%). Respectfully submitted, ~I~' linC ~ ~Ka~t ~ii squire Attorney for the Plaintiff 2536 Eastern Boulevard, No. 152 York, Pennsylvania 17402 Telephone: (717) 846-2954 I.D. # 47118 VERIFICATION I, Donald Plott, do hereby certify and say that I am an employee for Provident Bank of Maryland, and that I am authorized to make this Verification on its behalf, and that I do verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Donald Plott State of Maryland to wit: County/City of Baltimore I hereby certify on this 26th day of March, 2001, before me, the subscriber, a notary public in and for the county/city and state aforesaid, personally appeared Raymond Goldberg, Vice President of Provident Bank of Maryland the Plaintiff herein, who solemnly declares and affirms under penalties of perjury and in due form of laws as follows: That the affiant is duly authorized by the Plaintiff to make this affidavit; that the affiant is competent to testify to the matters stated herein; that the affiant has personal knowledge of the facts stated herein and that they are tree and correct. That there is justly due and owing by the Defendant to the Plaintiff, over and above any discount and without deduction or set-off, the sum of money set out in the foregoing declaration and/or in the document/written obligation/itemized statement of account attached hereto amounting to $5,777.62 with interest from 03/09/01 to 03/23/01 of $14.25, plus attorney fees of 15% of the amount owed. 3. That the said indebtedness represents merchandise sold/moneys advanced/services performed by the Plaintiff to or for the Defendant. That the Plaintiff has not directly or indirectly, received any part of the money or goods charged herein as due or received any security or satisfaction for which credit has not already been given. That the Plaintiff Keeps regular books of account and that the keeping of said books of account is in the charge of or under the supervision of the affiant. The entries in said books of account are made in ordinary course of business. Said entries show that the Defendant is indebted to the Plaintiff in the manner and amount herein set forth. That the Defendant is not in the Military Service as defined in the Soldiers's and Sailors' Civil Relief Act of 1940 with amendments, nor has been in sjach service within 30 days hereof. Raympfid Goldberg Vice President As witness my hand and seal this date above wr~ (SEAL) ~ ~,{~.~ 7210 Ambassador Road P.O. Box 1661 Baltimore, Maryland 21203-1661 ^~,~,~B,n~a~ INSTALLMENT SALE AGREEMENT Dealer Number Contract Number Buyer (and Co-Buyer) Full Name and Address Seller (Dealer's Full Name and Address) (Include County& Z{p Code) (EITH A. BURKHOLDER CUHBERLAND VALLEY HOTORS 600 N HIDDLE RI) 6714/20 CARLISLE PIKE (EWVILLE PA 17241 HECHANICSBURG, PA 17055 in this Agreement, the words 'l', 'me", and 'mine" refer to the Buyer and Co-Buyer. The words 'you' and "your" refer to the Seller and, after assignment of this Agreement, to Provident Bank of Maryland. "Property' refers to the item to be purchased under this Agreement. I may buy the Properly described below for cash or on credit. The cash price is shown below in the "Itemization of Amount Financed' as "Cash pdce." The credit price is shown below as 'Total Sale pdce." By signing below, I elect to buy the Property on credit under the terms of this Agreement. I have paid you the Total Downpayment shown below. I will also pay you the Unpaid Balance of Cash Pdca plus my Other Charges. I will also pay a Finance Charge at the Annual Percentage Rate shown beh3w. The finance charge will accrue daily, beginning on the date of this Agreement on the Unpaid Balance of Cash Price and Other Charges that remain unpaid. I will pay you these amounts in monthly payments as set forth below. Property Description. I agree to buy and you agree to sell the following property: New or Used Year Make and Model Style identification No. Primary Use for Which Purchased ~] personal/fam,y/household [] business DODGE USED 1996 1500 PU TK B7HC 16Y4TJ128771 I-) .O~icultural ANNUAL PERCENTAGE RATE The cost of my credit as a yearly reta. FEDERAL TRUTH-IN-LENDING DISCLOSURES FINANCE CHARGE Amount Financed The dollar amount The amount of credit the credit will cost provided to me or on my me. behalf. 11.99 % $ 5247.65 $ 15695.95 Total of Payments Total Bale PHce The amount I will have paid The total cost of my purchase on after I have made aU payments credit, including my down payment as scheduled, of $ 3635. O0 $ 20943.60 $ 24578.60 My Payment Schedule wlmm Be: Number of Payments bU Amount of Payments 349.06 06/07/00 Late Charge. If a payment is more than 10 days late, I wilt pay a late charge of 2% of the amount of the payment in arream. PmbeymenL If I pay off aady, I will not have to pay a pana{ty. Security Intamst. I am giving a secudty interest in the property being purchased. * Due Dates. Payments cannot be due on the 29th, 30th, 31st or 1st of the month. Additional Information. I may see the other side of this Agreement for more information including information about nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds and secudty interest. ITEMIZATION OF AMOUNT FINANCED 1. Cash Price-Consisting of (A) Cash Pdce of Goods Sold (B) Separate Charges, if any, for Defivery, Installation, Repair or other Services 2. Total Downpaymeet --- Net Trade-in $ 1795.00 plus Cash Downpayment $ My Trade-in is a I~R~ Fn~n F150 PICKUP Year Make Model 3. Unpaid Balance of Cash Pdce (1 minus 2) S 15695.00 $ N/A S I ~695.00 (1) 1840. O0 $ 3635.00 (2) Identification No. $ 12060 00 (3) 4. Other Charges Including Amounts Paid to Others on My Behalf: (you or your affiliates may receive finandal benefits from my purchase of insurance and other products.) (a) Cost of Required Insurance Paid to the Insurance Company Named Below (b) Cost of Optional Mechanical Repair Protection or Extended Warranty Paid to the Company Named Below {c) Cost of Optional Credit Insuranca for the Term of the Agreement Paid to the Insurance Company or Companies Named Below. Life $ 399.19 Disability, Accident and Health $ 720.46 (d) Official Fees Paid to Government Agencies (e) Taxes Not Included in Cash Pdce (f) Government License and/or Registration Fees (Itemize) $ N/A S N/A 1119.65 23.80 924.00 46.00 N/A 27 50 N/A (S) Government Certificato of Title Feas E~(H'I ~'~F ~'t~1 (h) Other Chargas (Seller must identity who will receive payment and describe purposs) to for Total Other Charges and Amounts Paid to Othem on My Behalf $ 5. PdncipahAmount Financed (3 plus 4) 6. Finance Charqe Items 6, ? and 8 are calculated assuming I 7. Total of Payments (5 plus 6) make all payments on 8. Payment Schedule: One installment of $ the dates and in the amounts scheduled. 349.06 and 59 installments of $ 349.06 each, monthly, beginning ¢]7 .lIJ~19 2~(~due on the date shown in the payment schedule above. $ 3635.95 (4) $ 15695.95 (5) $ 5247.65 (5) $ 20943.60 Ineurance. If any insurance or extended warranty or mechanical repair protection is checked below, policies or certificates will be issued to me describing the ten'ns and policy limitations and exclusions. Required Insurance. You require proper'b/insurance. I may obtain it from anyone I want who is acceptable to you. Item 4(a) above shows the cost of this insurance, if purchased through you Insurance Company Term: __ months Deschption of Coverage: Optional Mechanical Repair Pmtsctie. or Extended Warranty. Item 4(b) of the Itemization above shows the cost of this insurance. Company [] $25 Deductible [] $50 Deductible [] $ Deductible Optional Credit Insurance. YOU DO NOT REQUIRE THAT I BUY CREDIT LIFE INSURANCE AND CREDIT DISABILITY INSURANCE IN ORDER TO OBTAIN CREDIT. YOU WILL NOT PROVIDE THESE COVERAGES UNLESS I SIGN FOR THEM AND AGREE TO PAY THE ADDITIONAL COST. If I want this insurance, I wilt check the insurance desired and sign bota~,'. If I have chosen this insurance, the cost is shown in 4(c) of the Itemization above. Check the insurance der'-ed: ~] Life (Buye~ Co-Buyer [] Both [] ) ~] Disability, Accident end Health (Buyer [] xCo-Buyer [] Both [] ) UNIVERSAL UNDERWRITERS LIFE INS CO 6363 £OIIFGF RVn OVFR~ AMD PARK, KS 6621[ (Name of Insurer) Under policy of designated insurer, maximum amount of insurance under this Agreement is $ under this an.d any ojl~,er in,~ta[~3eot ii~greement of the Buyer under Seller's group policy, is limited to $ Buyer's Signature Date Co-Buyer's Signature Date (Home Office Address) ~.0943 o 60 . The total amount of insurance 30,000 NO LIABILITY INSURANCE INCLUDED. THIS COVERAGE IS NOT AVAILABLE THROUGH YOU. IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE PROPERTY YOU BOUGHT ~NITH THIS AGREEMENT. This is a simpts interest contract. The amount of Finance Charge shown above may differ from the amount I actually pay. You credit each payment flit to credit insurance premiums, if any, then to late charges, if any, then to earned Finance Charge, and then to the unpaid balance of the Amount Financed. You compute my Finance Charge on the unpaid batance of the Amount Financed eacfl day using the simple interest rate that applies te this Agreement. Notwithstanding the payment due dates set forth above, if the payment schedule provides that a payment is due on the 29th, 30th, 31st or 1st of the month, you will change the due date to the 2nd of the month. The eadier I make payments before their due dates (and the larger the payments) the less Finance Charge I will pay. You will send me a refund check if I have paid you more than I owe after I make my last payment. On the other hand, the later I make payments after they are due (or the smaller the payments) the greater the Finance Charge. If the amount i owe on the date my final payment is due is 125% or less of the scheduled amount of my final payment, I will pay my entire balance due. If the amount I owe on the date my final payment is due is more than 125% of the scheduled amount of my finaJ payment, I agree to make one or more additional monthly payments in the same amount as my scheduled payments until the amount I owe on a payment date is 125% or less of a scheduled payment. At that time I will pay the entire amount I owe. You will tell me before my last payment is due of any additional amount I owe you if it is $1.00 or more, I agree to the previsions set forth on both sides of this Agreement. I acknowledge that this Agreement is contingent upon Provident Bank of Marylaed's acceptance of its terms, which terms are satisfactory to you and me. NOTICE TO BUYER: .~j~.~ONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 05/08/00 Buyer Signs Date Co-Buyer Signs I ACKNO~WLEDGE, THAT A COPY OF THIS CONTRACT WAS DELIVERED TO o ,o ,oo Buyer Signs Date Co-Buyer Signs DO NOT SIGN THIS CONTRACT IF BLANK. YOU ARE ENTITLED TO AN EXACT COPY 05/08/00 Date 05/08/00 Date Co-Buyers and Other Owners - e co-buyer is a person responsible for paying the entire debt. An "other owner' ta a person whose name is on he title to the Property, but who does not have to pay the debt. By signing below, the other owner grants you a security inte.~st in the Properly. This permits you to repossess the Property if the Buyer (or Co-Buyer, if any) defaults as descdbod on the back of this Agreement. An other owner' can lose his or her interest in the Property if the Property is repossessed. Other Owner's Signature Address NOTICE: SEE OTHER SIDE Accepted, and this Contract is hereby assigned to Provident Bank of Maryland, in accordan~sions ~jhe Dealer's Assignment on the reverse side hereof. . 05/08/00 Dealer's Signature Date PA 9003lA (3/98) WHITE: Original Bank Copy YELLOW: Deatefs Copy PINK: Buyer's Copy GOLDENROD: Sank File Copy NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND ~EFENSES WHICH THE DEBTOR COULD ASSERT AGAINST 'THE SELLER OF THE 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. I My Responsibility as to the PrOPle~ I wil~, keep the ~P~,opert taxes, liens and encumbrances I v~ifl' fdl~ay tb ~,o~:Wl~en y~a~k ~0~' ff~ar~y money you pay to release or di~ct~arge a~y';s~c~\ ta)tss'~pS or encumPrances. Until I rel~ay you, such sbms shall bepar~ of.the pb)igation secured under this ,~m~rte~t. I will not 'u~e thblPr~r~3et'tyl'(~l~a~l~lbr improperly. I will not, without your wdtten permission, use the Property for hire. I will not without your wdtten permission, remove the Property from this state or the location designated above as my address, or transfer or sell any interest in the Property. I will not do any act or omit to do any act that would permit the Property to be seized in any civil or cdminal fon'eiture proceeding or by any f~deral, stats or Iccal gevemment body for any reason I will not lose possession of or hide the Property. J will not lease or sell the Property or any interest I may have in the property or attempt to do so, without your pndr express written permission 2. Insurance. I will keep the Property insured at my expense against the risk of damage or destruction and such other dsks as you may mcluire I will keep such insurance for as long as I owe any amount under this Agreement. Losses under such insurance shall be payable to you and me as our interests may appear. The policy insudng the property must name me as the policyholde[ Such insurance must provide that it may not be cancelled without 15 days' notice to you, The maximum deductible I may maintain concerning such insurance is $500. I will deliver all such insurance policies to ~ou. I will obtain at your request from any insurance company insudng the ropeerty, any certificates, written assuranc~ r proof of insurance yoN re$~uire. You may apply the proceeds from insurance, in your sole di~lreapd~ Icj r~lace the Property or to pay sums I owe under this Agreement I hereby assign to you any monies, not in excess of all amounts I owe you, that may become payable under such insurance proceeds or refund of unearned premiums Upon cancellation or termination of any insurance, you will credit any premium refund you receive to my outstanding Principal Balance, or pay it to me if my outstanding Principal Balance has been paid. 3. Late Charges and Collection Costs. I ogme to pay a late charge (also called a pefauit charge) of 2% on the amount of the payment or payments in arrears for more than 10 days You may collect a late charge only once on each payment in arrears You may collect such late charges as you earn name and address of the person to whom I must make payment or send notices Your notice will also set forth the time and place of the proposed sale of the property I am liable for your actual, necessary and reasonable costs in retaking, stodng and repairing the property when ~ have been in default more than 15 days at the time of repossession. You must have evidence of such costs as required by law The Pennsylvania Department of Banking may disallow these costs under certain circumstances After repossession you may reinstate the Agreelpprl~ ~ad r~t~m the o me provided I pay all past due ~nstallments d~e udder the Agreer~nt 0'-f permitted by law) If my default at repossession ex~deCl II~'~/s, ~'~ rn~ust also pay expenses of re ak rig, reps nng and stor ~hgk~ perrrli~ed by qw~ ~ You will store the Property for 15 days in t,,~ c~nty li~t which ~ was repossessed. However, if repossession occurred out of state, you will store it for 15 days near the place of repossession or in the county in Pennsylvania in which it was sold Dunng this 15~lay period I may recieem the Property and terminate the Agreement To do so, I must pay you the amount of the unpaid time balancer the amount of any accrued default charges permitted by law, and any other amounts due under the Agreement, less any rebate of unearned finance charges I am not required to pay costs of retaking, repairing and storing the Property unless my default exceeded 15 days at the time of repossession I am entitled to have the reasonable value of the Property determined in any action you bhng to recover a deficiency. You will credit me with the reasonable value so determined or the sale pdce you receive when the Property is sold after repossession, whichever is more, $. My Additional Obligations. I will sign financing statements or other documents you require to perfect your secudty interest. I will obtain end deliver to you a certificate of title under applicable state iow. The certificate of title will show a lien or encumbrance in your favor. I will pay any fees or taxes resulting from obtaining such certificate or any supplemental certificate or termination document. If I make payments.by.~ai~, I may require you to issue ~ receipt for such gayments only if I pl~lyou witty,fa ~dt~mpeq envelope. ~f I make any payp~ept ~(ip,oheck tY{~t is return~ ~o you unpaid after the second presentment for any reason, you may impose a returned check fee of $10, if such fee is permitted by law, 6. Miscellaneous. You and I agree that commercial reasonableness requires no more than 15 days' notice of public or pdvate disposition of the Prope~y after repossession. Your dghts and remedies are cumulative Your recourse to a right or remedy does not mean you waive others. No waiver of any default shall constitute a waiver of any other or later defaufi. Acceptance of any overdue payment and/or any delinquency charge shall not constitute a waiver of, nor shall it cure my default in, not making such payment when due You may proceed with all of your nghts and remedies despite such them. or yqg may accumulate and collect them with the final payment under acceptance Your acceptance of a check or draft purporting by its terms, or by this .~lfeeW/eht~ If you place this Agreement for collection with an attorney the terTns of any endomement it contains, to be in full payment of the amount I who is not ¥ou¢ saladed employee, I will pay yo~ attorney's fees of 15 percent, , , owq will not prevent ,¥9u ,frpm collecting or qs~ertle, g the right to collect, ofth~lamo~r~tq'~/e you, pluscourt costs ah~,diltbb~s~h~nts. ' ~ a~idltional amounts 'owe, bn~s such check or draft s accompaned by a 4. Default. ~me is of the essence of this Agreement. I will be in default if I fail to make any payment when due. I will be in default if I fail to pay any other amount I am obligated to pay you under this Agreement. I will be in default ~ I fail to perform any of my obligations under this Agreement. I will be in default if I breach any promise, or condition contained or referred to in this Agreement. I will be in default if I Hikes ~r~ '~atse statements in applying for the Cr~flt~ exteeqed under this Agreement. If I default, you shall have the dght, at your election, to declare the then outstanding Phncipal Balance, together with accrued finance charge and any other amount I owe you under this Agreement, to be immediately due and payable. Finance charge shall continue to accrue until the entire Principal Balance has been paid in full or until a judgment is entsred. Any judgment shelt bear interest at the highest rate allowed by law. Further, you may take immediate possession of the property with or without court proceedings. You may, lawfully and without breach of peace, enter upon any premises with fr~e dght of enhy where the Property may be, and take possession of and rerrove the property. Repossession of the Property shall not affect your right to retain all pdor payments. You may then sell the propeAy at public or phvate sale, You may apply the proceeds,~ any ,ms,a, ie of the property first, to the actual and reasonapfe cost of the r~osm~iand sale, including costs of stodng and ~onditJonil~g the Prop,e, rty~ next to attorney's ~sI and finally to the oufe~ndinl~ P~ci~al Balance '~'~ accrued finance charge and other charges I owe. You are entitled to costs tepi'e~h~l actual, necessary and ~pqabl~ ~pecees you incur in retaking, storing and repairing the Property n yo'u repossess the Property without legal process. You will not be entitled to such costs, however, unfess you ha..v~lme~the,,at~tft law requirements entitling you to such costs. You will, pa~/'~ne ar{~ b~iance remaining or pay it as othenvise provided by law. I am liable for any da ,fic.~, ~,o~. ~nay take poseession of any other property of mine, or of any oth~' para,ri, Iocatsd in or on the Property at the time of repeseesston If permitted by law, you may retain or dispose of any other property belonging to me or to any other person that is s~, ~lutred. If goods that are personal property not covered by the security inter,st granted in this Agreement are so acquimcl, ~ will advise you of the presqnc~,of such other goods within five days of the date of repossession of the P~l~eYt,,' VVhen you receive such notice, you will search the Property. If you lecats such other goods, you will hold them for five business days. During such time I may take possession of such other goods, tf I fail to notify you withle the required period and take ixmsession of the other good~ att~r~ polity you, you may dispose of such offer goods in a commerclafly~reasbriable manner If you elect to salt such goods at auction, you will c~eqit my account with the sale proceeds, minus your costs of sale. If such other goods appear to you to be of nominal value, In addition to the foregoing y~ may exercise any and all dghts of a secured pedy under applicable laws. Your' representative may take any action you are authorized by this Agreement to ~ke. If you repo&..~ss the prope~'ty,, I have certain legal rights. This paragraph contains a summary of my principal legal rights; I acknowledge that I may have other and broader rights ~'n these. Upon repossession through legal process, I shal~ have such dghta, ~ece~ve such notices, and be liable fo= c~t6 of suit (including reasonable attorney's fees) as the cour~ may dete~i~e ' If separate written agreement to that effect, and you sign such separate agreement and accept such check or draft If you remedy my default in order to protect your interest, such remedy shall not cure the default You may proceed to enforce all your dghts available upon default. No transfer, renewal, extension, or assignment of this Agreement, or any interest in it, and no loss, damage or destruction of the Property shall rdl~dse me from my obligation under this Agreement ?. Rules of Intsrpretatfon. This Agreement is made in the State of Pennsylvania. Pennsylvania iow and federal law shall govern this Agreement This Agreement constitutes our entire agreement. You and we can change this Agreement only in a writing we sign. If applicable law prohibits any part of this Agreement, such part shall be ineffective to the extent of such prohibition without invalidating any other pert of this Agreement. All words in this Agreement shall be construed to he of such number or gender as the circumstances require Headings of the numbered paragraphs of this Agreement are for convenience only. They shall not be deemed part of this Agreement, NO REPRESENTATION, PROMISE OR WARRANTY, EXPRESS OR IMPLIED, HAS BEEN MADE wrrH RESPECT TO THE MERCHANTABILITY, BUlTABILrFY OR FITNESS FOR A PARTICULAR PURPOSE OF THE 60008 OR OTHERWISE UNLEBB THE SAME IS ENDORSED H~RI~qN IN WRITING OR IS CONTAINED ON A SEPARATE WRii i =~ ~NSI'RUMENT SIGNED BY THE DEALER. The following two sentences apply only if the agreement is for the sale of a used vehicle. THE INFORMATION YOU BEE ON THE WINDOW FORM FOR THIS VBI#IG~.E IS PAR~OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF BALE. GUARANTY In consideration of the making and acceptance of this Installment Sale Agreement (the "Agreement'*} by the Buyer and Dealer, respectively, Guarantor (jointly and severally, if more than one) unconditionally guarantees to the holder of the Agreement ("Holdet'') the payment of all sums due or to become due under the Agreement, and the full perfon'aanc~ by Buyer of all promises and covenants in the Agreement. Guarantor agrees (despite anything in the Agreement to the contrmy) upon any default by Buyer, to pay upon request to Holder the entire unpaid Phncipal Balance, together with all lawful charge~ T'~'diecharge or re~ase of Buyer by operation of law or otherwise wi~l,~ot,~e~t the liability of the Guarantor. This Guaranty shall be fully binding de~plte any lack of capacity or liability on Buyers part. The the Guaranto[ Any transfer or assignment of Holder's interest in this Agreement will not affect the liability of the Guarantor. Guarantor consents to all extensions of time for the making of any or all payments by Buyer, and further guarantees the payment of ali sums due by reason of such extensions. Guarantor expressly waives notice of acceptance of this Guaranty, notice of assignment, notice of nonpayment, notice of amount of ledebteqnese outstanding at any time, protest, demand and prosecution of collecbon, foreclosure and possessory rerneqles UViLT~IESS the signature(s) of Guatan~t~r(s) orl ~ !! redeem the property. The statement will itemize the amount required to reiterate ~ ,-edeem. The statement will also give me notice of your intent to Guarantor resell, the property at the end of 15 days from the date you mell the notice, tellr~l me'wflere the Property is stored~ The statement will also tell me the DEALER'S ASSIGNMENT Seller sells and assigns to the Assignee named below all of its right, titie'a~l~ interest in this installment Sale Agreement ("Agreement"). Seller represents, warrants and covenants to Assignee that: (a) (i) no statements made or furnished to Assignee by Buyer or any Co-Buyer (collectively "Buyer"), Seller or any ether person are untrue or incomplete; (ii) Buyer has not financed the down payment of the Property; (ii) Bwer is a bona fide applicant having legal capacity to enter into the Agreement; (iv) Buyer's signature on all documents is genuine; and (v) the amount stated in the Agreement to he due will in fact be due and payable at the time or times provided therein free of any claims, defenses, setoffs or counterclaims; (b) Seller has verified Buyer's identffication; (c) the down payment for the Property is paid in full with negotiabid funds; (d) Seller has sold the Property daschhed Jn the Agreement and the process of the Agreement are to be used to pay fur such Property and related items; (e) Seller had indefeasible title to the Property immediately pdor to the purchase ~,, Suyer, and the dght and authority to sell the Property to Buyer, frae and clear of all liens and encumbrances; (f) Seller has the authority to assign the Agreement to Assignee free and crear of all liens and encumbrances; (g) Seller will secure and perfect for Assignee a security interest in the Property free and clear of all liens or encumbrances, and deliver to Assignee evidence satistecto~y to As.qignee of sc,ch security iqt~rest .wJthir~ six months ,ol' the, date of the Ag~e~llelt~ (h)the d~e~ti6h ~Sf t~ II~o~e~'y'i~ trite ~lnd P~omp~et~' ih' the Agreement and the PropeAy will he or has been duly delivered to and accepted without revocation by BuyerL, (il :insUrance or other coverage provided or arranged by Seller does qpt viqlate any applicable law or regulation and insurance documentatiori ~ re~tes of unearned premiums, if any, will be delivered to Buyer by Seller within the time required by law; (j) the Property is insured by a company acceptable to Assignee against fire, theft and collision, Assignee is loss payee and written evidence of such insurance has been or will promptly be provided to Assignee; (k) all optional credit insurance sold by Seller to Buyer is for the full term of the Agreement and is limited to coverage of Buyer; (I) Seller has provided Buyer with a completed Agreement and any other document required by apelicable law, and the information filled in thereon by Seller is accurate and complete; (m) Seller is licensed to the extent required by law; (n) Seller has complied with all applicable transaction reporting requirements including, without limitation, the requirement under Section 60501 of the Internal Revenue Code and its implementing regulation (as they may be amended from time to time) to report cseh receipts of more than $10,000; (o) Seller has complied with As$ignee's procedures regarding the Fair Credit Reporting Act (FCRA) including, but not limited to, the following: (i) Seller has only submitted to Assignee credit information on Buyer after Buyer's signatures were obtained on a credit apptisation acceptable to Assignee ("Application"); (ii) Seller has not submitted any ~'edit information on any individual whose signature does not appear on the Application (except to the extent permitted by law, information on a non- apelisant spouse pursuant to applicable community property or similar laws); (iii) Seller has advised Buyer that his/her Apptioafion has been submitted to A~ignee at Assignee's current address; and (iv) Seller has advised Buyer that c~edit was approved by Assignee; (p) Seller has compiled with requiramente of the FRCA and ECOA and all other federal, state and local ~vs, rules and regulations that apply to the extension of credit and consumer profeddon or that otherwise apply to the sale of the Property; (q) Seller will promptly kxward to the proper authorities all federal, state and local fees and taxes due in connection with the sale of the property; (r) Seller does not ~ ,rgR~qxer,fo.r, filing fees or other costs paid by Seller to public officials to pon'eot Assignees security idtereat in the PropeAy, except where allowed by law, nor does Seller make any type of charge, including documentary or prosasaiog charges, which Seller does not make in a cash transaction; and (s) all charges thee Seller is required by law to disclose in the Agreement are · ccuretely disclosed. E~~ ;~ ~ warranties, representations and covenants is matedal to Aselgoee's acceptance of this Agreement If any of them is breached or is erroneous, Seller unconditionally promises to accept reaseignment of this Agreement, without recoume against Assignee, and to pay Assignee, upon demand (1) the unpaid balance of the Agreement as determined by Assignee, (2) ~[ losses and expenses incutTed by Assignee as a result of such breach or ur~lhJth, a~l~ (3) out-of-pocket expenses paid or incuned by Assignee in connection with the collection of any amount due under the Agreement, including attorney's fees and costs of litigation, whether by or against Assignee, and expenses with respect to reposeessleg, storing, repainng and selling the Property. In addition, Seller shall indemnity Assignee in the manner and to the extent sPe~fidd in the preceding sentence it Assignee suffers a ross or expense in any judicial or administrative proceeding because of any claim or defense asserted against Assignee as a result of any act or omission on Seller*s bert. If this Agreement is rescinded by court order, Seller shall pay Assignee the amount specified in this paragraph Seller shall be liable even if a waiver, compromise, settlement or variation of the terms of the Agreement releases Buyer, This assignment shall bind Seller's heirs, representatives, successors and assigns and shall inure to the benefit of the successors and assigns of Assignee. Seller waives notice of acceptance of this guarantee and assignment, notices of non-payment and nomperfon'nanse and air other notice~ that may he waived in connection with a transaction of this kind This assignment is without recourse against Seller except as provided in this Agreement or in another agreement, if any, between Seller and Assignee relating to th~ fina@~:ing,or purcha.~e=f retai JpfitalJ~en contracts . ~ named assignee. DEALER'S GUARANTY Check [] Intfidl! [I I ',, !; Deaidr u~conditionally guarantees the payment of all monies due Or to become due under the Agreement. Deetsr agrees, upon default by Buyer, to pay Bank upon demand the unpaid portion of the Principal Balance and all amounts owing under this Agreement. DEALER'S REPURCHASE AGREEMENT Checkr''l Initial__ In the event Bank shall elect to repossess the Property, Dea~er wilr, upon request, repurchase the Agreement from Bank for an amount equal to: (i) the unpaid Pdncipel Balance, plus (ii) all amounts owing under the Agreement on the date of the repurchase plus (iii) an amount equal to all losses and expenses incurred by Bank in connection with such repossession that are not incJuded within items (i) and (ii), Dealer shall bear sole responsibility for resale of the Propel"y, sending all notices to Buyer and to others required by law, and disbursement of any surplus received from such sale to Buyer as required by law. DEALER'B UMITED REPURCHASE AGREEMENT CheckE] Initial The above Dealeds Repurchsee Agreement is hereby assumed and inco~orated heroin by reference, as it fully set forth herein, provided that Deaidr's obligation shall terminate upon payment to Bank by Buyer of the first reguidr monthly installments if mede within 30 days of their respective due dates. PARTIAL RECOURSE Check• Initial Dealer unconditionally guarantees that if Buyer is in default ~in~ the payment of any amount remaining to be paid under the Agreement, Dealer will pay, upon demand by Bank, any amount up to the sum of$ _ Ch~lt[~. initi.I ~f Wn'HOUT RECOURSE The Assignment of the Agreement shall be without recourse against Dealer, except as provided in •eater's Assignment and as provided in the Dealer Agreement. However, Dealer unconditionally guarantees the payment of any itmgular or "pickup" payment, except the final scheduled payment, due or to become due under the Agreement. PA 90031A P O Box 1661 Baltimore MD 21203 1661 0 Pmvidonl BANK F~eceipt for CerZifiect Mail KEITB A BURKHOLDER 600 N MIDDLE RD NEWVILLE PA 17~41-8638 October ~6, 2000 RE: Installmer* Agreement dated 05/08/00 Collateral goods: USKD 96 (the "Vehicle") Loan Account nmlber: 97057302 covering the following DODG 1B7HCl&¥4TJ128771 2.89 Dear Customer: The Installment Sale Agreement referred to above is in default because you have failed to make the following payment(s): $.00 due on $349.06 due on 10/07/00 $349.06 due on 09/07/00 Total Amount Past Due: $705.10 includes late charges. and/or have failed to comply with the following provisions of the Agreement. This letter is to notify you that the Vehicle described above will be repossessed unless the Total Amount Past Due set forth above (together with any other installment which may become payable in the meanwhile) is paid within ten (10) days of the date of this Notice. It is imperative that ~he default be cured without delay so that you can, among other things, avoid becoming liable for the expenses of retaking and storing the Vehicle. If the Vehicle is repossessed, the Bank will deliver to you or send to you by certified mail a notice describing the conditions under which the Bank may permit you to redeem the Vehicle, details as to the resale of the Vehicle, your liability for any deficiency, the location of the Vehicle, and the address as to where payments should be aade. Any payment or notice you deliver Bust be identified by your name and account number and be delfvered to the Installment Credit/Collection Division, Provident B~ of Maryland, 7210 Ambassador Road, Baltimore, Maryland 21244. =-all~4 · Pmvidan! BANK March 7, 2001 Receipt for Certified Mail Oo not use tot International Mail (See reverse) SIMPLE INTEREST PROCEEDS Keith A. Burkholder 7 N. Corporation Street Newville, PA 17241 Re: 97057302 Dear Mr. Burkbolder: This is to advise you that your 1996 Dodge. serial number 1B7HC16Y4TJI28771, was sold on 12-21-00 for a gross amount of $8.700.00. These proceeds were applied as follows: APPLICATION OF PROCEEDS TO COSTS OF SALE: Amount of sale Less: Cost of Preparation and Sale Cost of Repossession Cost of Storage Cost of Transporting $8,7OO.O0 187.50 275.00 90.00 145.00 TOTAL $8,002.50 Credit for Insurance claims/cancellations Net Proceeds 1,795.07 $9,797.57 TO BALANCES AS OF DATE OF REPOSSESSION BALANCE NET PROCEEDS Late Charges $27.92 S27.92 Interest 436.48 436.48 Principal 15,110.79 9,333.17 REMAINING BALANCE $0.00 0.00 5,777.62 TOTALS $15,575.19 $9,797.57 $5,777.62 S:~LOANOPS\LOA\SHELLS~F I 15S.DOC · Pmvidonl BANK Page Two CURRENT TOTALS Remaining Balap,'~ (as of 3-9-01) Per Diem (daily interest) from date of letter $5,777.62 $ 0.95 As you can see from the above, your total due today is S5,778.57. Your current percentage rate of interest will be 6% as of the date of this letter in the amount of S0.95 per day. Under the terms of your contract, you remain responsible for payment of this current total plus interest that is assessed from the date of this letter. Should you wish to pay the remaining balance due within two (2) weeks, we will waive any interest that may accrue and accept the remaining balance of $5,777.62 as full settlement of the debt. On the other hand. if the full amount cannot be paid in one ( 1 ) installment within the two (2) week time period, your outstanding balance will accrue interest at the rate of 6% per annum. Failure to respond to this letter in the allotted two (2) week time span may result in the referral of your account to our attorney for appropriate legal action. Shculd you wish to discuss this matter further, do not hesitate to contact the writer at the number listed below. Sincerely, Donald A. Plott Sr. Loan Counselor (410)277-7957 DAP/nla S:~LOANOPS\LOA\SHELLS~FI I5S.DOC · Pmvidan! BANK March 7, 2001 Receipt for Certified Mail SIMPLE INTEREST PROCEEDS Keith A. Burkholder 600 N. Middle Road Newville, PA 17241 Re: 97057302 Dear Mr. Burkholder: This is to advise you that your 1996 Dodge, serial number I B7HCI6Y4TJI28771, was sold on 12-21-00 for a gross amount of $8.700.00. These proceeds were applied as follows: APPLICATION OF PROCEEDS TO COSTS OF SALE: Amount of sale Less: Cost of Preparation and Sale Cost of Repossession Cost of Storage Cost of Transporting S8,700.00 187.50 275.00 90.00 145.00 TOTAL $8,002.50 Credit forInsurance claims/cancellations Net Proceeds 1,795.07 $9,797.57 TO BALANCES AS OF DATE OF REPOSSESSION BALANCE NET PROCEEDS Late Charges $27.92 $27.92 Interest 436.48 436.48 Principal 15,110.79 9,333.17 REMAINING BALANCE $0.00 0.00 5,777.62 TOTALS $15,575.19 $9,797.57 $5,777.62 S:~LOA NOPS~LOA\S HELLSkF 115S.DOC Pfovidl n! BANK Page Two CURRENT TOTALS Remaining Balance (as of 3-9-01 ) Per Diem (daily interest) from date of letter $5,777.62 $ 0.95 As you can see/'rom the above, your total due today is $5,778.57. Your current percentage rate of interest will be 6% as of the date of this letter in the amount of $0.95 per day. Under the terms of your contract, you remain responsible for payment of this current total plus interest that is assessed from the date of this letter. Should you wish to pay the remaining balance due within two (2) weeks, we will waive any interest that may accrue and accept the remaining balance of $5,777.62 as full settlement of the debt. On the other hand, if the full amount cannot be paid in one ( 1 ) installment within the two (2) week time period, your outstanding balance will accrue interest at the rate of 6% per annum. Failure to respond to this letter in the allotted two (2) week time span may result in the referral of your account to our attorney for appropriate legal action. Should you '-ish to discuss this matter further, do not hesitate to contact the writer at the number listed beloxv. Sincerely, Donald A. Plott Sr. Loan Counselor (410)277-7957 DAP/nla S:Xl OANOPS\LOA\SHELLS\F115S.DOC BELAIR AUTO AUC21ON 803 BELAIR ROAD gEL AiR MD {410) 879-7950 UNIVERSAL KEY DATE SOLD LEASE un_~ RECEi ,'EE PROVIDENT BANK OF MARYLAND 72]0 AMBASSADOR ROAD BALTIMORE, MD 2]244 1996 DODGE TK RAM] 800 2228678 9:47:08 PUT BLACK 8G 62902 ]BTHC]6Y4TJ]2877~ LNE WO# 32 7228678 SALE PRICE SELLING FEE RECON CHARGES TOTAL CHA~~2S NET AMOUNT OF CHECK WRITTEN SUBLET NAME EXPLANATION KEY CHARGES 85.00 55.00 8,700.00 140.00) 8,560.00 AMOUNT 55.00 TOTAL RECON CHARGES 55.00 Richard & Associates, :Inc. 3999 Spring Road ShermansDale, PA 17090 'World W/de I,~vest,gat/on and Repossession Serwce &nce 1977 Phone: (717) 241-5884 Fax (717!241-6255 Ernafl: marepoCpa net Provident Bank Of Maryland 7210 Ambassador Road Baltimore MD 21244 Attention: Mr. Fred Baber Invoice No. Invoice Date Client Name: PROV-00-112 121512000 Burkholder Name: Burkholder Account #: 97057302 Keith Unit Price Amount Collateral: Dodge 1500 PIU 1996 YIN: 1B7HC16Y4TJ128771 Description: Storage Invoice $90.00 $90.00 Invoice Comments Charges Began ....... 1111312000 Date R~.eased .......... 1113012000 Days Stored ............ 18 Released To: Car & Truck We Thank You for Your Business. Please make check payable to: Richard & Associates Inc, 3999 Spring Road Shermans Dale, PA 17090 Amount Due $90.00 / ichard soc iato, nc. 3999 Spring Road ShermansDale, PA 17090 -and Repossess,,o'? Service Since 1977 Phone (717)241-5884 Fax (717/ 241-6255 Ernail rnarepo~pa net Provident Bank Of Maryland 7210 Ambassador Road Baltimore MD Attention: Mr. Fred Baber 2'1244 Invoice No, Invoice Date Client Name: PROV-00-107 1211/2000 Burkhc'~er Name: Burkholder Account #: 97057302 Keith Unit Price Amount Collateral: Dodge 1500 P/U 1996 VIN: 1 B7 HC16Y4TJ 128771 $145.00 $145.00 Description: Transport Fee Invoice Comments Transported vehicle to Bel Air Auto Aucton, slot #175 We Thank You for Your Business. Please make check payable to: Richard & Associates Inc. 3999 Spring Road Shermans Dale, PA 17090 Amount Due /$145.00 'i Ptic rd & Assoc iate ; '!nc. 3999 Spring Road Shermans Dale, PA 17090 World W, de and tRepossesslon Since 1977 Phone; (717i 241-5884 Fax: (717124!-6255 Emad rnarepo~;oa net Provident Bank Of Maryland 7210 Ambassador Road Baltimore MD Attention: Mr. Fred Baber 21244 Invoice No. Invoice Date Client Name: PROV-00-97 11/13~2000 Burkholder Name: Burkholder Account #: 97057302 Keith unit Price Amount Collateral: Dodge 1500 PIU 1996 UN: 1B7HC16Y4TJ128771 $275.00 $275.00 Description: Involuntary Repossession Invoice Notified Cumberland Co. Community Center, comments Operator #22, We Thank You for Your Business. Please make check payable to: Richard & Associates Inc. 3999 Spring Road Shermans Dale, PA 17090 SHERIFF'S RETURN - CASE NO: 2003-06407 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK OF MARYLAND VS BURKHOLDER KEITH A REGULAR RON KERR Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE BURKHOLDER KEITH A DEFENDANT at 1258:00 HOURS, at 600 N MIDDLE ROAD NEWVILLE, PA 17241 K JOANNE BURKHOLDER, MOTHER a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of December by handing to together with true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ ~ day of q--/~,~, .-2 ~ A.D. ~r~thonotary So Answers: R. Thomas Kline 12/18/2003 MICHELLE C KAHAN By: f~t~_ /~-x~--- Deputy Sheriff