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HomeMy WebLinkAbout08-1726AvlSo USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 SOVEREIGN BANK '•. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 6 ?- J'7-26 a'41.! ?4.w. BRANDY N. IMES Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, SOVEREIGN BANK, successor in interest to Waypoint Bank, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of Thirteen Thousand, Six Hundred Thirty-Five Dollars and Fifty-Three Cents ($13,635.53), along with interest thereon from September 29, 2005 upon a cause of action of which the following is a statement: 1. The Plaintiff, SOVEREIGN BANK, successor in interest to Waypoint Bank, is a Federal Savings Bank having its principal office and place of business at 1 Sovereign Way, East Providence, RI 02915. 2. The Defendant, BRANDY N. IMES, is an adult individual residing at 2320 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about May 25, 2004, the Defendant did enter into a Motor Vehicle Installment Sale Contract for the purchase of a 1992 Volkswagen Jetta. A true and correct F:\ USER\ BONNIEJO\COMP\ WORK\Sovereign\34163.wpd 2 copy of the contract is attached hereto, marked Exhibit "A" and made a part hereof, which contract was immediately assigned to Sovereign Bank. 4. The Defendant defaulted on her obligation to make payments and refused to honor the remaining contract payments. 5. The Defendant's vehicle was repossessed with an outstanding balance due and owing of Sixteen Thousand, Three Hundred Sixty-Nine Dollars and Sixty-Three Cents ($16,369.63) as shown on Plaintiff's June 21, 2005 Notices to Defendant notifying Defendant of the repossession, the balance due and the pending sale of the vehicle, true and correct copies of which are attached hereto, collectively marked Exhibit "B" and made a part hereof. 6. Defendant's vehicle was sold at auction and, after fees and expenses, netted the sum of Five Thousand, Three Hundred Eighty-Five Dollars ($5,385.00) as set forth on Plaintiff's August 29, 2005 deficiency notice to Defendant attached hereto, collectively marked Exhibit "C" and made a part hereof. 7. The balance due and owing by Defendant to Plaintiff is the sum of Eleven Thousand, Three Hundred Sixty-Two Dollars and Ninety-Four Cents ($11,362.94) as set forth on Plaintiff's statement of account attached hereto, marked Exhibit "D" and made a part hereof. F:\USER\BONNIEJO\COMp\ WORK\Sovereign\34163.wpd 3 8. Due to the default of Defendant, and pursuant to the terms and conditions of the Motor Vehicle Installment Sale Contract executed by Defendants, attorney's fees in the total amount of Two Thousand, Two Hundred Seventy-Two Dollars and Fifty- Nine Cents ($2,272.59) have been added to said account. 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of Thirteen Thousand, Six Hundred Thirty-Five Dollars and Fifty-Three Cents ($13,635.53), together with interest as set forth herein. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\ USER\ BONNIEJO\COMP\ WORK\Sovereign\34163.wpd 4 r . IF DEBT CANCELLATION IS SOLD, A SEPARATE DISCLOSURE AND AGREEMENT FORM PA 23DC SLC (3/03} SIMPLE INTEREST FOR DEBT CANCELLATION MUST ACCOMPANY THIS CONTRACT. PENNSYLVANIA J MAY X51 2eel4 MOTOR VEHICLE' INSTALLMENT SALE CONTRACT, Dated ANNUAL, FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, incljc ?ipou44jwnpayment a yearly rate. credit will cost you. of $ 8.20 % $ 4290.81 $ 17460. 81 $ 21751, 62 $ 23489.11 Your Payment Schedule will be: No. of Payments Amount of Payments- When Payments Are Due $ Monthly, beginning r a SUPERIOR PRE-OWNED 6110 CARLISE PIKE MECHANTCSBURG PA 17050 Filing Fees: $ Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate In this Contract we are the SELLER. You are the BUYER(S).- me 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. CUMBERLAND Z Name(s) Address(es) PERRY Zip Code(s) Address BRANDY IMES County- 740 PIGAH STATE RD SHE:RMANSDALE PA 17090 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. County contract and/orwarraiqW amount ofd 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. - paid to , TRADE-1N: &sales taxof$ J: You have traded in 1992 VOLKSWAGEN .TETT'A 3VWRA21G2NM020828 the following vehicle: Cash Price Year and Make Description $ 19068.31b Cash Downpayment 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 $ N/A 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 ghoose the person through whom insurance is obtained against loss or damage to the Vehicle and against Trade-in liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. Value of Trade-In DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION F THE $ 4700• 00 WAYP01I4T i3Af CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and Lien Payoff to: agreement page, which is part of this Contract. This agreement will apply during the entire term of the Contract. This agreement may not cover $21362. . your entire indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement Unpaid. Cash Price Balance Type of Debt Cancellation Agreement Charge Signature Guaranteed auto protection (GAP) $ N/ By signing, you select guaranteed auto protection 17330.81 Signature of Buyer SERVICE CONTRACT OR WARRANTY 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 Paid to Others on Your Behalf above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate To Public Officials for: ' charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain Lic$ se, Tags and Re?6?a 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. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance Lien Fee purchased will be for the term of the credit. We may receive a financial benefit from your purchaseof credit insurance: $ 5 • ?? By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is your Taxes Not Included in Cash Price which costs$ fs1A age? Years Health Insurance, which costs $ N/A age? Years $ N/A To Signature of Buyer to be insured for Single Credit Life insurance Signature ef. dent& Health Insurance $ ?A By signing, you both select Joint NIA Credit Lite Insurance, which costs $ What are By signing,, your ages? . Accident & I A What are Percentage For Messenger Service your ages? to be To insured . N/A 9F inr Optional Debt Cancellation (GAAP) $ . / Document Preparatigg 2. 2 Signatures of both Buyers to be insured for Joint Credit Signatures of. both Buyers to be insured for Joint Life Insurance Credit Accident & Health Insurance VEHICLE: You have agreed to purchase, under th'Q terms of this Contract,.{the following'motol the "Vehicle" in this Contract. d/ Year and Make ri ,may %k No l 'o credit Insurance Company % $ h ?' Na For To - - -- s vehicle and.;its extra equipment, which is called For _ To s ILttlik TM Capacity d t r $ N/A USED 2004 CHEVROLET MALIBU CLASSIC SDN ISIND52F54M505516 Equipped _ A.T. _ P.S. _ AM-FM Stereo _ 5 Spd. Other with _ A.C. _ P.W. _ ATM Tape T Vinyl Top ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If t 4e Assignee assigns the Contract to a subsequent assignee, the term also refers to _rcb'subsequi tt"a'ssignee: After the assignment, all rightstind benefits of the SeU:•r in this Contract and in the Security Agreement shall belong to and be enforceable by Mie Assignee. The Assignee will notify you when and if Seller makes an assignment. b uir J,.: Penr'i 3.'`i"1ra ma 17111 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. TERMS: The terms shown in the boxes above are part of this Contract. For To _ $ To For To N1A $ * For Amount Financed $ 17460.81 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 4ownpayment 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. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all ,,,required obligation's under this Contract, you give a security interest in the Vehicle, in all parts -(called "accessions") attached to the Vehicle at any later time; and in any proceeds of the ,.By signing below, we agree to sell the Vehicle to you under the terms of this Contract. SELLER SUPERIOR PRE-OWNED 05/25/ Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and unpaid under this Contract against any of your money on deposit with Assignee. This includes any money which is now or may in the future be deposited with Assignee by you. Assignee,trtay do this without any prior notice to you. ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to 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. ® This Contract continues on the reverse side. ? Debt Cancellation (guaranteed auto protection) separate disclosure and agreement. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECTYOUR LEGAL R[G.I TS. -7 i BUYER J,rt ., JL:C (SEAL) 85?25?2 134 Date BUYER (SEAL) Date CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. CO-SIGNERS 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 prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. Co-Signer's Signature (SEAL) Co-Signer's Signature Address Date Address Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner;" together with the Buyer or otherwise being all of the Owners of the Vehicle, give us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement 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) 05/25/2000 Co-Owner's Signature Address Date BUYER, CO-SIGNE,AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT TH??IJIIE,(QF SJGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CALLED ADDITION L D10LMURES, TERM AND CONDITIONS f ? BUYER BUYER CO-SIGNER CO-SIGNER OR CO-OWNER 4 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. BANCONSUMER FORM PA 23DC SLC (3/03) ORIGINAL - While - DEALER COPY - Canary • BORROWER'S/CO-SIGNER'S COPY - Pink - COPY - Goldenrod ® 2003 BANCONSUMER SERVICE, INC. f ADDITIONAL TERMS AND CONDITIONS 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the choice of whether or not to advance any money for these purposes. Such insurance will be Amount Financed and the Finance Charge. The Finance Charge consists solely of interest limited to an amount,not greater than you owe on this Contract. THE INSURANCE WE computed daily on the outstanding balance of the Amount Financed. The Finance Charge PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE shown on the front side has been computed on the assumption that we will receive all THAN INSURANCE YOU COULD PURCHASE YOURSELF. payments on their scheduled due dates. We will add any money we advance on your behalf to the balance on which we impose 2. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay the balance subject to interest on each day of the loan term, including any period for which a late money advanced as we alone may specify: (i) immediately on demand, or (ii) along with your 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 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 on a daily basis, late payments will result in additional interest (and, if applicable, a late charge). Early payments will result in less interest being charged Early and/or late payments repay. If any of our rights stated in this paragraph are not permitted by law, we still have the- . will cause the amount of the final payment to change. other rights mentioned. Our payments on your behalf will not cure your failure to perform your promises in this Contract. 3. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 days after its due date. The late charge will be 2% per month on the unpaid amount of the 12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner, or any one " " payment. We will consider any part of a month in excess of 10 days to be a full month. The of them. You will be in Default of the Contract if any one or more of the following things happen: late charge will be due when earned. No late charge will be due if the reason that the payment is late is because, after default, the entire outstanding balance on this Contract is a. You do not make any payment on or before it is due; or due. No late charge will be due if the only reason that the payment is late is because of a late charge assessed on an earlier payment. b. You do not keep any promise you made in this Contract; or c. You do not keep any promise you made in another Contract, Note, Loan or Agreement 4. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority: first to interest; and then to late charges, fees, principal and any other amounts you owe in with Seller or Assignee; or d. You made any untrue statement in the credit application for this Contract; or the order that we choose. e: You committed any forgery in connection with this Contract; or 5. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court time without penalty. If you prepay the Contract in part, you agree to continue to make with jurisdiction to do so to be incapacitated; or regularly scheduled payments until you pay all amounts due under this Contract. This will g• You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or reduce the number of payments you will make. insolvency proceedings against you; or 6. WAIVERS. - h. You take the Vehicle outside the United States :or Canada without our written consent; or a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any i. You use the Vehicle or allow someone else-`to use if in a way that causes it not to be property as security for the repayment of this Contract, except for the Vehicle and the other covered by your insurance; or security specifically mentioned in this Contract. j. You do something that causes the Vehicle to be subject to confiscation by government b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on authorities; or or before they are due without our having to ask. If you don't, we may enforce our rights . , k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not without notifying you in advance. You give up any right you may have to require that we fixed or found within a reasonable time; or " -' enforce our rights against some other person or property before we enforce our rights against I. Another creditor tries to take the Vehicle or your money on deposit with Assignee by you. You agree that we may give up our rights against some other person but not against you. legal process. You waive due diligence in collection and all defenses based on suretyship and impairment of 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of this collateral or security. Contract, we may enforce our rights according to law. We may also do the things specifically 7. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this mentioned in this Contract. We may do one of these things and at the same time or later do Contract shall continue to accrue on the unpaid balance until paid in full, even after maturity another. Some of the things we may do are the following: and/or after we get a judgment against you for the amounts due. This will apply even if the a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing maturity occurs because of acceleration. If at any time interest as provided for in this, ; paragraph is not permitted by law, interest shall accrue at the highest rate aljowed by 'onthe Contract and all. unpaid finance. Charges and other money due. You agree that you will pay this money to us in one single payment immediately upon receiving our demand. applicable law beginning at that time. 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do this ourselves, have a qualified person do it for us, or have a government official (by replevin) than us to obtain a security interest 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 do it for us. You agree that we can peaceably come on to your property to do this. We may . in having our security interest noted on the Certificate of Title to the Vehicle. You will not sell take any other things found in the Vehicle, but will return these things to you if you ask, If you want these things back you may reclaim them within thirty (30) days of our mailing you a or give away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and clear the lien , Notice of Repossession. If you do not reclaim the things found in the Vehicle within that time, . 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and we may dispose of those things in the same manner as the motor vehicle. You agree that we repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining may use your license plates in repossessing the Vehicle and taking it to a place for storage. the Vehicle. You. will not abuse the Vehicle or permit anything to be done'to the Vehicle which c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably will reduce its value, other than for normal wear and use. You will not use the Vehicle for illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on convenient place. You agree to give us the Vehicle if we ask. d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract the front of this Contract to a new permanent place of garaging without notifying us in advance. without losing any rights. 14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire without using a government official (by replevin): , theft and collision until all sums due us are paid in full. The insurance coverage must be a. NOTICE: We will send you a Notice of Repossession to your last address we know about. .satisfactory to us and protect your interests and our interests at the time of any insured loss. This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right to The insurance must name us as "loss-payee" on the policy. The insurance must be written by reinstate the Contract. This means you will have to pay the total balance on the Contract and an insurance company qualified to do business in Pennsylvania and licensed to sell insurance other amounts due. You may not get the Vehicle back by paying delinquent installments. This in the state where the Vehicle is permanently garaged. The insurance policy must provide us Notice will tell you other information required by law, with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of request, you shall deliver the policy or other evidence of insurance coverage to us. In the the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is proof of loss with the insurer. reasonably possible, but in not more than ten (10) business days of our receipt of the funds a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the required. If you do not redeem, you give up all claim to the Vehicle. Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be 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 actin used to pay costs and expenses you owe, and then to pay the amount you owe on the C t t , g 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 rac on . d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is . exercise this power for our benefit and not for your benefit, except as provided in this not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what is still owed to us Contract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller Assignee . e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for , , any subsequent assignee, or an authorized employee of any of them ("we") may endorse your sale and selling the Vehicle as may be allowed by law. These costs will only be due if: name, acting as your agent, to any check, draft or other instrument we receive in payment of 1. Default exceeds fifteen (15) days at the time of repossession; an insured loss or return of insurance premiums. You agree that you do not have the right to 2. The amount of costs are actual, necessary and reasonable; and and will not revoke the power you have given us to make your endorsement. You agree that 3. We can prove the costs were paid. we may exercise this power for our benefit and not for your benefit, except as provided in this 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall Contract and by law. be enforceable against your heirs and personal representatives of your estate. "-- "' "" --- 1R r:nurFRNINI" I AW- Thic Cnnfrarf is fn ha infarnrafad arrnrrlina to fhP law of Panmvlvania iuyla?u we vcmw,u n, u, uui up-m" ,i ?a cw?wuuw uy -.- .- y. .,, , default of this Contract. Otherwise, wg 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. 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES 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 oUtain insurance to cover loss or damage to the Vehicle. We have the illegal, void or unenforceable, that part shall no! he.a part of *his Conlrac'.. 18. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract. 19. 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. 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, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit Insurance to be purchased. The term of insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance 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 refund of insurance charges will be made when due. 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. ASSIGNMENT To induce you, the "Assignee" identified on the face of this Contract or as follows, (Name) 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 with all applicable 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 remedy 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 will repurchase the Contract from Assignee and pay Assignee for same immediately in accordance with the repurchase terms 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 on behalf of the Buyer. If Seller is unable to do so, Seller will notify Buyerand`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 Seller'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 our name to take such legal or other action which we 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 paragraph titled "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 as set forth above. O 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 repossessed 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. Seller BANCONSUMER FORM PA 23DC-SLC (3/03) By Date --,. .. --t- 3w,?::y? arm Sovereign Bank P.O. BOX 4020 ROCKY HILL, CT 060674020 June 21, 2005 BRANDY N IMES 740 PISGAH STATE RD SHERMANS DALE, PA 17090 RE: NOTICE OF REPOSSESSION OF A 2004 CHEVY MALIBU VIN #1G1ND52F54M505516 LOAN NO: 6817509629 Dear Customer: Please be advised that due to your default of a note dated May-25-2004, the above property has been repossessed on Jun-17-2005. The vehicle will be resold by private sale on or after July 2, 2005. Proceeds of the sale will be applied first to actual costs of resale, then to any costs of retaking and storage and lastly to the balance due. Any remaining proceeds shall be paid to you. You may redeem the vehicle by paying in cash or certified funds, the past due installments, late charges, cost of retaking, and storage expense. Your right of redemption expires fifteen (15) days from the date of repossession. REDEMPTION BREAKDOWN: Amount of Debt $ 15,944.63 Mechanics Lien: $ 0.00 Cost of Retaking: $425.00 Total $ 16,369.63 The final storage expenses will be totaled upon redemption or sale of the vehicle, as determined by the storage facility. Storage began June 21, 2005 Place of Storage: Northeast ] 64 Adams Way> ] Please contact agent fir ec Consumer U.S . Post al Ser vic( CE RTIFI ED MAIL REC EIPT (Dor nestic Ma ,l Cnly ; No h,, surance C averac.e P rov10cal) at (800)2 ti 0 co a `° 0 CsrO W Fw E3 Mn=R= C3 p,9*1ftd DOW," F" L _ ru Total Postage & Fees 1AAL USE 0.37 UMI; 016 - 2..30 f/ ,& \ 1.75 K 4.42 066A, M5Q9? >>1? O 0 ?` 3`bee4 L No.: -- .. ---- -- J ... a PO BoxNa City 5? ?... ... ? ? `?.1? i •C _I--.___...q -- Sovereign Bank P.O. BOX 4020 Rocky Hill, CT 06067-4020 Aug-29-2005 To: BRANDY N IMES 740 PISGAH STATE RD SHERMANS DALE, PA 17090 RE: Account No: 6817509629 Dear BRANDY N IMES, The sale of the collateral on the referenced loan took place on Aug-9-2005. The proceeds from the sale, after repossession expenses amounted to $5,385.00. As a result of this sale there remains a deficiency balance of $10,241.54. It is imperative that you pay this deficiency in full immediately due to the fact that interest accrues monthly which will increase this amount. Failure to pay the above amount or make satisfactory payment arrangements, may result in further collection activity at additional cost to you. If you have any questions concerning this matter, please feel free to contact the Auto Finance Division at (877) 391-6371. Sovereign Bank Recovery Department Page: 1 Do6ument Name: untitled .oan Administration Payoff Display 6017 4/20/06 RETAIL LNS BIS4028 Acct Type ILN Acct No 6817509629 Effective Date 04/20/06 Override 0 Display type PO Short Name IMES BRAN Loan Type SIM --Customer Payoff-- --Participant Payoff-- Principal 10241.54 0.00 Interest 1062.09 171.18 Insurance 0.00 0.00 Fees 0.00 0.00 Charges 59.31 0.00 Escrow 0.00 0.00 Unapplied 0.00 0.00 Pending 0.00 Extension refund 0.00 Payoff Amount Escrow Balance Perday Interest Dealer PO;PO _ CH;AMOUNT _ CHARGE-OFF (FA) 11362.94 0.00 2.30083 2.30083 0.69025 DIS;THI 171.18 Good Until 04/20/06 Ins: CLF 0.00000 CL2 0.00000 A-H 0.00000 IUI 0.00000 HI;HI _ DIS;SEG _ OK Date: 4/20/2006 Time: 8:18:53 AM 03/13/2008 14:52 6098239598 G1 i/1E1!:(11?11 J.Q: ?? 6A3r'A2 ?,959 i PAGE 03/05 WAGE f? 2,' 0'-1 VE-ft IF( A 0 Alan binw-esw -1 hit of SOVEREIGN BANK, successor in interest to Waypoint ft$k , verifythatthe statements made in the aforegoing document are true and correct. I undl rstand that false statements herein are made subject to the penalties of '16 Pa. C. S.II§4904, relating to unsworn falsification to authorities. SOVEREIGN BA*, Successor in Interest to Weypoint Bank Dated: J-11-62 By: Title: 34163 N O SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01726 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS IMES BRANDY N R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT IMES BRANDY N but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , IMES BRANDY N 2320 ENOLA ROAD CARLISLE, PA 17015 PER RESIDENT, DEFENDANT HAS NOT LIVED THERE FOR 6 MONTHS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 Postage .58 11r)AF (?- 38.58 So answers: R. Thomas Kline Sheriff of Cumberland County KODAK & IMBLUM 04/15/2008 Sworn and Subscribed to before me this day of A. D. ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. PO BOX 11848 HARRISBURG, PA 17108-1848 71 238-7152 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK v BRANDY N. IMES Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1726 CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-referenced matter for service upon Defendant(s) as follows: TO: Cumberland County Prothonotary 740 PISGAH STATE ROAD SHERMANS DALE, PA 17090 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 Email: robert.kodak@verizon.net Dated: May 9, 2008 p O t'1"t..i.._. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS IMES BRANDY N R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: IMES BRANDY N but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT REINSTATED On May 20th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers:-- - " Docketing 18.00 00 9 . Out of County 00 10 R. Thomas Kline Surcharge Dep Perry . County 29.10 Sh eriff of Cumberland County Postage 1.34 67.44 ? SI.2.2?oP 05/20/2008 KODAK & IMBLUM Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Sovereign Bank + vs. Brandy N. Imps No. 08-1726 civil Now, May 14, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Affidavit of Service Now, within upon _ 20 , at o'clock Thank you. M. served the at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE MILEAGE AFFIDAVIT r the contents thereof. County, PA ?P SHERIFF'S RETURN Soverign Bank VS Brandy N. Imes 740 Pisgah State Rd Shermans Dale, PA 17090 In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-1726 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Brandy N. Imes, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Brandy N. Imes at 740 Pisgah State Rd. Shermans Dale, PA 17090. NOT FOUND. DEFENDANT DOES NOT LIVE AT ABOVE ADDRESS LIVES AT 139 EAST LOUTHER ST. CARLISLE PA 17013. Sincerely, ze2z i?? Carl E. Nace Sworn subscribed to before me Sheriff of Perry County this day of , 2008. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F. RJCKJNGER, Notary Pubk Bloomfield Boro. Perry County M Commission Expires Peb.16,2012 Certified a True and Co y By ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 O M1. T' ?.. ?LJ zom- .1 N Attornev for Plaintiff SOVEREIGN BANK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. - 172.ty &yi( lam BRANDY N. IMES Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOTAFFORD 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ma CO FROM, RECORD z {r T8'St?'m Y!?'Ih41f(?^' i urvio set Od t" SW. (0 said . at C3011A, P OLJ 'R'>o? rnttt?' t3? AVISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas.adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. BRANDY N. IMES Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, SOVEREIGN BANK, successor in interest to Waypoint Bank, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of Thirteen Thousand, Six Hundred Thirty-Five Dollars and Fifty-Three Cents ($13,635.53), along with interest thereon from September 29, 2005 upon a cause of action of which the following is a statement: 1. The Plaintiff, SOVEREIGN BANK, successor in interest to Waypoint Bank, is a Federal Savings Bank having its principal office and place of business at 1 Sovereign Way, East Providence, RI 02915. i 2. The Defendant, BRANDY N. IMES, is an adult individual residing at 2320 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about May 25, 2004, the Defendant did enter into a Motor Vehicle Installment Sale Contract for the purchase of a 1992 Volkswagen ,fetta. A true afid correct z copy of the contract is attached hereto, marked Exhibit "A" and made a part hereof, which contract was immediately assigned to Sovereign Bank. 4. The Defendant defaulted on her obligation to make payments and refused to honor the remaining contract payments. 5. The Defendant's vehicle was repossessed with an outstanding balance due and owing of Sixteen Thousand, Three Hundred Sixty-Nine Dollars and Sixty-Three Cents ($16,369.63) as shown on Plaintiffs June 21, 2005 Notices to Defendant notifying Defendant of the repossession, the balance due and the pending sale of the vehicle, true and correct copies of which are attached hereto, collectively marked Exhibit "B" and made a part hereof. 6. Defendant's vehicle was sold at auction and, after fees and expenses, netted the sum of Five Thousand, Three Hundred Eighty-Five Dollars ($5,385.00) as set forth on Plaintiffs August 29, 2005 deficiency notice to Defendant attached hereto, collectively marked 6hibit "C" and made a parthereof. 7. The balance due and owing by Defendant to Plaintiff is the sum of Eleven Thousand, Three Hundred Sixty-Two Dollars and Ninety-Four Cents ($11,362.94) as set forth on Plaintiffs statement of account attached hereto, marked Exhibit "D" and made a part hereof. 3 8. Due to the default of Defendant, and pursuant to the terms and conditions of the Motor Vehicle Installment Sale Contract executed by Defendants, attorney's fees in the total amount of Two Thousand, Two Hundred Seventy-Two Dollars and Fifty- Nine Cents ($2,272.59) have been added to said account. 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of Thirteen Thousand, Six Hundred Thirty-Five Dollars and Fifty-Three Cents ($13,635.53), together with interest as set forth herein. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D: Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff 4 c. nccu\ iznntnjiPT(lVCnMP\WORK\Sovereizn\34163.wpd AGREEMENT • ? IF DEBT CANCELLATION IS SOLD, A SEPARATE ACCOMPANY THIS CONTRACT. I PA 23DC-SLC (3/03) SIMPLE INTEREST FOR DEBT CANCELLATION MUST NSYLVANIA 'OR VEHICLE INSTALLMENT SALE CONTRACT, ?FPl-R.10R PRE-13/JNE'D ,• j 10 CARL.?SE: PIKE I':ECr4,AN11CS8L;RG PP ! 1x-0 Dated ANNUAL- FINANCE PERCENTAGE RATE CHARGE The cost of your credit as The dollar amount the a yearly rate. credit will cost you. Name Amount Financed The amount of credit provided to you or on your behalf. 'our raymenr JG71CU of Payments No U1C W, , --- Amount of Payrrents_ _ When Payments Are Due . Monthly, beginning two E ? .Gi,..,. iWAr L. J? L •Cr fling Fees: $ ..? .... ate Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. ee below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled dateeameans estimate efunds and penalties. his Contract are SELLER. are UYFR S Address County _ 743 P T GAH STATE RD SHEPMANSDP.I_E PA 17090 Total of Payments The amount you will have paid after you have made all scheduled payments. $ 2 1 J 1 . 62 Total Sale Price The total cost of your purchase on credit, inclid?ngyouYgwnpayment of $ 23=69. 11 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. Zip Code CLiMBERI-A :0 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 trove been made by Seller. Seller intends to assign this Contract to the Assignee. Itemization of Amount Financed B O. _ up cuuctat Name(s) Address(es) PERRY d. Cash Price rl?rlu the optional service County contract and/or warrarrtaes-in 1ltea S- amount of p-A- - - to pay all sums due us and to perform all agreements in this Contract and together aratel i - ri rF, paid to , y ses, sep here is more than one Buyer, each prom ) & sales tax of $ IN: .''VWHH'?1G2N1M020823 have traded in 1992 VOLKSWAGEN JrTTa a have Cash Price 19068.30 following vehicle: ti i $ on p Year and Make Descr Cash Downpayment on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that till owin i l " - $ N/A g s s ance ba Lien Payoff. t as shown in the Itemization of Amount Financed as the exce t i t i p eres , n ty trade-in is free from lien, claim, encumbrance or secur Trade-in OPERTY INSURANCE: You may ghoose the person through whom insurance is obtained against loss or damage to the Vehicle and against ou are promising to insure-the Vehicle and keep it insured. tract C thi I Value of Trade In 4700.013 ; y on s n ility arising out of use or ownership of the Vehicle. BT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE $ WAYPOIWT BAS' Lien Payoff to: EDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and ntire term of the Contract This agreement may not cover th i s $ e e ng eement page, which is part of this Contract. This agreement will apply dur r entire indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement Unpaid Cash Price Balance Type of Debt Cancellation Agreement Charge Signature $ 17330.81 uaranteed auto protection (GAP) $ N! By signing, you select guaranteed auto protection Optional Debt Cancellation GAP) M) A $ Signature of Buyer Document Preparation fe RVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. The service contract reement with the third party provider, who is not the Seller named ate a a th i $ Paid to Others on Your Behalf g r e sep gn warranty agreement will not be provided unless you s ve, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate To Public Officials for: rge, License, Tags and Re?Ph*an EDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain Please read the NOTICE OF PROPOSED CREDIT additional cost(s) th $ . e dit, and will not be provided unless you sign below and agree to pay URANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance Lien Fee 5, 0",1 rchased will be for the term of the credit We may receive a financial benefit from your purchase of credit insurance 8 si nin ou select Single Credit Accident & What is your Y 8 & Y h1 / A you select Single Credit Lime Insurance, What is your signing Taxes Not Included in Cash PPrice ? I , Years h costs $ age hi $ . c costs $ tai age? Years Health Insurance, w ich T. ire of Buyer to be insured for Single Credit Lite Insurance signing, you both select Joint N / What are dit life Insurance, which costs $ your ages? Signature af. •H?? rdent & Health Insurance $ / For Messenger Service By signing ?+ hat arePercentage To Accident & ur ages? to be insuced.• $ of c,.. 2. natures of both Buyers to be insured for Joint Credit Signatures Tf t -Buyers to be Insured for Joint Credit Accident Health insurance !nsurance To Credit insurance Company ye $/n r For To - iVi M t $ HICLE: You have agreed to purchase, under the terms of this Contract,'the following. motor vehicle and?its extra equipment, which is called For a "Vehicle" in this Contract. To h?a N// Year an Make eri s Body SIP No Cyl Truk Ton Capacity Serial Number '• - ?' 1 G I N052E514150"; " 6 tiSE? RZO-4 is :I nO?ET f iAL i utJ t_H?S L S;?iV iuipped - A.T. _ P.S. _ AM-FM Stereo - 5 Spd. Other th _ A.C. - P.W. _ AMtFM Tape _. Vinyl Top iSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." It the Assignee assigns e Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights 'and benefits of the t11,•r in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when id if Seller makes an assignment. , 17111 0-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co•Signer(s) and Buyer(s), to pay I sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and gether 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 romise to Pay" section. RMS: The terms shown in the boxes above are part of this Contract. $ For To $ „ s For To N/ A For To Iii » For Amount Financed $ .17460.61 We may retain a portion of amounts marked* [wnpayment SE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash and assigning the Trade-In, if shown above, on or before the date of this Contract, ying us the Amount Financed plus interest. You promise to make payments in accordance e Payment Schedule. You promise to make payments on or before the same day of each as the first payment due date. You agree to pay all other amounts which may become due the terms of this Contract You agree to pay the Seller or Assignee costs of suit. You also o pay reasonable attorneys fees if Seller or Assignee hires an attorney to collect amounts nder this Contract or to protect or get possession of the Vehicle. You agree to make Vehicle, including insurance proceeds. The Assignee may set-on any amounts uue dilu Ullpaw under this Contract against any of your money on deposit with Assignee. This includes any money which is now or may in the future be deposited with Assignee by you. Assignee rttay do this without any prior notice to you. . ArADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to Buyer. yments at the place or to send payments to the address which the Assignee most recently Terms and Conditions: Before signing this Contract, be sure you receive and read the cities in the written notice to you. following, if marked X, which are additional pages to and part of this Contract CURITY AGREEMENT: To secure the payment of all sums due and the performance of all ® This Contract continues on the reverse side. quired obligations under this Contract, you give a security interest in the Vehicle, in all parts [led "accessions") attached to the Vehicle at any later time, and in any proceeds of the Debt Cancellation (guaranteed auto protection) separate disclosure and agreement ng below, we agree to sell the Vehicle to you under the terms of this Contract SUPERIOR PRE-OWNED 05/25/ NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU- SIGN. KEEP IT TO PROTECTOR LEGAL RI - TS. l %hG.G 05/25/2 BUYER (SEAL) Date BUYER (SEAL) Date SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE NING THE CO-SIGNER'S AGREEMENT. SIGNERS AGREEMENT: You, the person (or persons) signing below as "Co-Signer, promise to pay to us all sums due on this Contract and to pcrform all ements 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 Ice us to makc 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 c any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. ignaturc igner's Signature IS Address Address Date Date 0-OWNER'S SECURITY AGREEMENT. You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, ve 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 'romise 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 i this Contract. You willnot be responsible for any deficiency which might be due after repossession and sale of the Vehicle. Q)5/25/P-OQ (SEAL.) o-Owner's Signature Address Date DYER, CO-SIGNE?...AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY -OF THIS ONTRACT AT THE,T'i,ME'OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION ALLED ADDITIONAL DISCLOSURES, TERM AND CONDITIONS. R BUYER CO-SIGNER CO-SIGNER OR CO OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. z 2003 BANCONSUMER SERVICE, INC. NSUMER FORM PA 23DC U 1Ji 031 ? ORIGINAL White • DEALER COPY Canary • BORROWER'S/COSIGNER'S COPY Pink • COPY Goldenrod _ .:. - - : , , - - rn _.._. ADDITIONAL TERMS AND CONDITIONS OW THE TOTAL OF PAYMENTS IS COMPUTED: The Total Of Payments is the sum of the unt Financed and the Finance Charge. The Finance Charge consists solely of interest auted daily on the outstanding balance of the Amount Financed. The Finance Charge in on the front side has been computed on the assumption that we will receive all vents on their scheduled due dates. :OMPUTING INTEREST: We will charge interest on a daily basis on the outstanding ice subject to interest on each day of the loan term, including any period for which a late ge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided ie number of days in that calendar year. Buyer agrees that because interest is calculated i daily basis, late payments will result in additional interest (and, if applicable, a late •ge). Early payments will result in less interest being charged. Early and/or late payments cause the amount of the final payment to change. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 s after its due date. The late charge will be 2% per month on the unpaid amount of the ment. We will consider any part of a month in excess of 10 days to be a full month. The charge will be due when earned. No late charge will be due if the reason that the ment is late is because, after default, the entire,outstanding balance on this Contract is ;. No late charge will be due if the only reason that the payment is late is because of a late rge assessed on an earlier payment. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority: t to interest; and then to late charges, fees, principal and any other amounts you owe in order that we choose. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any e without penalty. If you prepay the Contract in part, you agree to continue to make ularly scheduled payments until you pay all amounts due under this Contract. This will uce the number of payments you will make. AIVERS. . WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any perty as security for the repayment of this Contract, except for the Vehicle and the other uuty specifically mentioned in this Contract. b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on efore they are due without our having to ask. If you don't, we may enforce our rights out notifying you in advance. You give up any right you may have to require that we orce our rights against some other person or property before we enforce our rights against . You agree that we may give up our rights against some other person but not against you. waive due diligence in collection and all defenses based on suretyship and impairment of ateral or security. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this tract shall continue to accrue on the unpaid balance until paid in full, even after maturity /or after we get a judgment against you for the amounts due. This will apply even if the turity occurs because of acceleration. If at any time interest as provided for in this- agraph is not permitted by law, interest shall accrue at the highest rate allowed by licable law beginning at that time. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other n us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees essary for us to obtain and maintain our security interest in the Vehicle. You will assist us acing our security interest noted on the Certificate of Title to the Vehicle. You will not sell ive away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and r the lien. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and air. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining Vehicle. You. will not abuse the Vehicle or permit anything to be done to the Vehicle which reduce its value, other than for normal wear and use. You will not use the Vehicle for gal purposes or for hire or lease. You will not move the Vehicle from your address shown on front of this Contract to a new permanent place of garaging without notifying us in ance. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, ft and collision until all sums due us are paid in full. The. insurance coverage must be isfactory to us and protect your interests and our interests. at the time of any insured loss. insurance must name us as "loss-payee" on the policy. The insurance must be written by insurance company qualified to do business in Pennsylvania-and licensed to sell insurance he state where the Vehicle is permanently garaged. The insurance policy must provide us h at least ten (10) days prior written notice of any cancellation or reduction in coverage. On uest, you shall deliver the policy or other evidence of insurance coverage to us. In the nt of the loss or damage to the Vehicle, you will immediately notify us in writing and file a f of loss with the insurer. a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the icle, if you fail or refuse to file a claim or proof of loss with the insurance company, you ee that the Seller, Assignee, any subsequent assignee, or any authorized employee of an them ("we") may file a proof of loss with the insurance company, in your name and actin your agent, with respect to the insured claim. You agree that you do not have the right t will not revoke the power you have given us to file a proof of loss. You agree that we ma rcise this power for our benefit and not for your benefit, except as provided in thi tract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee subsequent assignee, or an authorized employee of any of them ("we") may endorse you e, acting as your agent, to any check, draft or other instrument we receive in payment insured loss or return of insurance premiums. You agree that you do not have-the right t will not revoke the power,you have given us to make your endorsement. You agree th 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 our rights stated 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. 12. 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 c. You do not keep any promise you made in another Contract, Note, Loan or Agreement with Seller or Assignee; or d. You made any untrue statement in the credit application for this Contract; or e. You committed any forgery in connection with this Contract; or f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court with jurisdiction to do so to be incapacitated; or g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or insolvency proceedings against you; or h. You take the Vehicle outside the United States or Canada without our written consent; or i. You use the Vehicle or allow someone else to use it in a way that causes it not to be covered by your insurance; or I. You do something tat causes the Vehicle to be subject to confiscation by government authorities; or k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not fixed or found within a reasonable time; or ` 1. Another creditor tries to take the Vehicle or your money on deposit with Assignee by legal process. 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of this Contract, we may. enforce our rights according to law. We may also do the things specifically mentioned in this Contract. We may do one of these things and at the same time or later do another. Some of the things we may do are the following: a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing . 'on the Contract and all unpaid Finance. Charges and other money due. You agree that you will pay this money to us in one single payment immediately upon receiving our demand. b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do this ourselves, have a qualified person do it for us, or have a government official (by replevin) do it for us. You agree that we can peaceably come on to your property to do this. We may take any other things found in the Vehicle, but will return these things to you if yod ask. If you want these things back, you may reclaim them within thirty (30) days of our mailing you a Notice of Repossession. If you do not reclaim the things found in the Vehicle within that time, we may dispose of those things in the same manner as the motor vehicle. You agree that we may use your license plates in repossessing the Vehicle and taking it to a place for storage. c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably convenient place. You agree to give us the Vehicle if we ask. d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract without losing any rights. 14. 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 you other information required by law. 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 ;he 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. u c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be y used to pay costs and expenses you owe, and then to pay the amount you owe on the g Contract. o d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is Y not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what s 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: r 1. Default exceeds fifteen (15) days at the time of repossession; of 2. The amount of costs are actual, necessary and reasaubie; and 0 3. We can prove tha costs were paid. at 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall is . . _ -' -- _-- ,J -- -tatP ,,,C .C,,,,., , illegal, void or unenforc?able, 'hat part shall not be a par' of 'pis *or,tract. !fault of this Contract. O'herwise, we will apply the insurance proceeds to reduce the unpaid 19. ASSIGNMENT BY BUYER: Buyer snap not assign th!t Contract: lance due us. After the balance due is is paid. any excess will belong to you. 19. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE t. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or UNLESS WE HAVE GI'!EN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER ie costs necessary to keep the Vehicle in good condition and repair, may advance any` ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF coney you promised to pay. If you fail to keep your promises about required insurance, we THIS CONTRACT. lay advance money to obtain insurance to cover loss or damage to the Vehicle. We have the uyer'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 rade 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. IOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ?SSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY IEREUNDER 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, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit Insurance to be purchased. The term of insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance 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 refund of insurance charges will be made when due. 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 (Name) 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 conf'rmity with all applicable 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 seg 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 remedy 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 will repurchase the Contract from Assignee and pay Assignee for same immediately in accordance with the repurchase terms 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 an behalf of the Buyer. It 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 Seller'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, Seiler 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 our name to take such legal or other action which we 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 paragraph titled "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 as set 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 repossessed 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. ¦ Seller By Date E BANCONSUMER FORM PA 230C-SLC (3/03) w Sovereign Bank P.O. BOX 4020 ROCKY HILL, CT 06067-4020 June 21, 2005 BRANDY N IMES 740 PISGAH STATE RD SHERMANS DALE, PA 17090 RE: NOTICE OF REPOSSESSION OF A 2004 CHEVY MALIBU VIN # 1 G 1ND52F54M505516 LOAN NO: 6817509629 Dear Customer: Please be advised that due to your default of a note dated May-25-2004, the above property has been repossessed on Jun-17-2005. The vehicle will be resold by private sale on or after July 2, 2005. Proceeds of the sale will be applied fast to actual costs of resale, then to any costs of retaking and storage and lastly to the balance due. Any remaining proceeds shall be paid to you. You may redeem the vehicle by paying in cash or certified funds, the past due installments, late charges, cost of retaking, and storage expense. Your right of redemption expires fifteen (15) days from the date of repossession. REDEMPTION BREAKDOWN: Amount of Debt $ 15,944.63 Mechanics Lien: $ 0.00 Cost of Retaking: $ 425.00 Total $ 16,369.63 . The final storage expenses will be totaled upon redemption or sale of the vehicle, as determined by the storage facility. Storage began June 21, 2005 U.S. Postal Service, Place of Storage: Northeast In ti Agency ti CERTIFIED MAIL. RECEIPT 64 Adams to mail Cn1y; No Insurance Coverage (Domestic Provided) Wa P 1 Please contact agent r ec' do procedures at ( 800)2 ti 1 RI P0169 l L U SE C3 ca 'UN s $ 0.37 F ra -' 0167 Consumer sen e oa y S C3 c forea Fes 2.30 t • y ©_ ?Ftwe 1.75 X ?1 c x ru ; •? 06 1l ?? 2 Total Postage Fees EXHIBIT Sent T E3 C3 - -- - ------ StreeC t No.; J.l? PO Box N 1 ? ------------------- . .. . Y ... x G 1. State+f -*-7 ,Q a, ?/I / l P.O. BOX 4020 Rocky Hill, CT 06067-4020 Aug-29-2005 IL Sovereign Bank To: BRANDY N IMES 740 PISGAH STATE RD SHERMANS DALE, PA 17090 RE: Account No: 6817509629 Dear BRANDY N IMES, The sale of the collateral on the referenced loan took place on Aug-9-2005. The proceeds from the sale, after repossession expenses amounted to $5,385.00. As a result of this sale there remains a deficiency balance of $10,241.54. It is imperative that you pay this deficiency in full immediately due to the fact that interest accrues monthly which will increase this amount. Failure to pay the above amount or make satisfactory payment arrangements, may result in further collection activity at additional cost to you. If you have any questions concerning this matter, please feel free to contact the Auto Finance Division at (877) 391-6371. Sovereign Bank Recovery Department EXHIBIT I coo , ---- Z?-- ?age,: 1'Document Name: untitled .oan Administration Payoff Display 6017 4/20/06 RETAIL LNS BIS4028 kcct Type ILN Acct No 6817509629 Effective Date 04/20/06 Override 0 Display type PO Short Name IMES BRAN Loan Type SIM --Customer Payoff-- --Participant Payoff-- Principal 10241.54 0.00 Interest 1062.09 171.18 Insurance 0.00 0.00 Fees 0.00 0.00 Charges 59.31 0.00 Escrow 0.00 0.00 Unapplied 0.00 0.00 Pending 0.00 Extension refund 0.00 Payoff Amount 11362.94 171.18 Escrow Balance 0.00 Good Until 04/20/06 Perday 2.30083 Ins: CLF 0.00000 Interest 2.30083 _ CL2 0.00000 Dealer 0.69025 A-H 0.00000 IUI 0.00000 PO;PO CH;AMOUNT _ DIS;THI _ HI;HI _ DIS;SEG _ _ CHARGE-OFF (FA) OK jDate: 4/20/2,006 Time: 8:18:53 AM ''n-EMW -- 08/13 2008 14:52 6098239598 ?Gl/1E1''?0t3 35 hF33F'?`?r'4 IFICA O PAGE 03/05 rArm. 6'= Q? s eGIQ/ISr, 1eY?ul ?u??? Off") verify thatthe statements of SOVEREIGN BANK, su?e?°rin interest to Waypoint Bajhlt , made in the aforegoing document are true and correct. I undOstand that false statements e'n are made subject to the penalties of 1'8 Pa. C. S.II§4904, relating to unsworn her i falsification to authorities. SOVEREIGN BA*. Successor in Interest to Waypoint Bane' Cam- By: -role: ?Aa Dated: `3 -/ -I- 34163 cn •*t u! c'a ZO ?n .. rn E0 :E c E 1 ?v,i! ?uIi C;r r? f.; V, -% ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 08-1726 BRANDY N. IMES Defendant(s) CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-referenced matter for service upon Defendant(s) as follows: 139 EAST LOUTHER STREET CARLISLE PA 17013 TO: Cumberland County Prothonotary Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 Email: robert.kodak@verizon.net Dated: June 2, 2008 1? s SHERIFF'S RETURN - REGULAR CASE NO: 2008-01726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS IMES BRANDY N MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT REINSTATED TMRq RRANDY N was served upon the DEFENDANT , at 1345:00 HOURS, on the 7th day of June , 2008 at 139 E LOUTHER ST CARLISLE, PA 17013 BRANDY IMES by handing to a true and attested copy of COMPLAINT REINSTATED together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Postage •42 ' Surcharge 10.00 R. Thomas Kline .00 II'J [bP 33.42 06/09/2008 KODAK & IMBLUM Sworn and Subscibed to By: before me this day ` Deputy heriff of A.D. SOVEREIGN BANK : IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA vs. : NO. 2008-01726 CIVIL BRANDY N. IMES : CIVIL ACTION - LAW Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAEQPE FOR DEFAULT jijDGMENT Please enter judgment in favor of Plaintiff and against Defendant(s) BRANDY N. IMES, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $13,635.53 Interest at the statutory rate of 6% per annum from September 29, 2005 $2,335.00 Total = $15,970.53 I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and at least ben (10) days prior to the date of the filing of this Praecipe and a copy of the notice is attached. KODAK & U , P.C. By Robert D. Kodak, Attorney for Plaintiff DATED: 9/a/qs Judgment entered and damages assessed as above. flit 2 ? ? -- - ?-- - --4 thono LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Telephone Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152 Gary J. Imblum POST OFFICE BOX 11848 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 www.kodak-imblum.com BRANDY N IMES 139 E LOUTHER ST CARLISLE PA 17013 RE: Sovereign Bank VS: Brandy N. Imes Our File No. 34163 July 11, 2008 FILE '?'?PY No. 2008-01726 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Ms. Imes: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed a responsive pleading to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter judgment against you in the amount as set forth in the Complaint. Very truly yours, RDK/bjh enclosure KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-imblum.com THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. cc R D MATHEWSON ESQUIRE 105 N BELMONT AVENUE MARGATE NJ 08402 66817509629 SOVEREIGN BANK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. BRANDY N. IMES Defendant TO: BRANDY N. IMES , Defendant(s) DATE: July 11, 2008 : CIVIL ACTION - LAW IMPORTANT NOTICE Fw I L E L r 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 MAYBE ENTRED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE STE FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAYWER, 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 NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, P A 17013 717.249.3166 NO. 2008-01726 CIVIL ?l"` J r • . L ... r` { ?iir ! C 0 SOVEREIGN BANK BRANDY N. IMES Defendant TO: BRANDY N. IMES, Defendant(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-01726 CIVIL CIVIL ACTION - LAW You are hereby notified that on 200 L the following (judgment) has been entered against you in the Bove-captioned case. Plaintiff VS. Judgment entered in the amount of HIM A DATE: 1'11ze??4?Z thono I hereby certify that the name and address of the proper person(s) to receive this notice is: BRANDY N. IMES 139 E LOUTHER STREET CARLISLE PA 17013 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS OF 1 Sovereign Way, East Providence RI 02915 Cumberland COUNTY, PENNSYLVANIA Plaintiff Writ No. Term 20 VS No. 08-1726 Term 20 08 Amount Due BRANDY N. IMES 8/12/08 jdmt ............. $ 15,970.53 119 E. Main Street Interest from 8/ 12/ 08-2/ 25/ 09 2.62 per diem ................ $ 516.14 Landisburg, PA 17040 DEFENDANT(S) Atty's Commission 5% statutory rate .......... Costs (to be determined) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, $ 798.52 (1) Directed to the Sheriff of PERRY County, Pennsylvania (2) against BRANDY N. IMES e en ants ; (3) and against Garnishee s ; (4) and index this writ (a) against BRANDY N. IMES Defendant(s) and (b) against Garnishee s , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OFTHE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN PERRY COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC., (5) Exemption has (not) been waived. Dated. 2/25/09 Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) (3)b0l £ olnb aaS 'pansap s! suapuad sg a se Suixapui pue pagonll>' sl aags!weS agl3o aweu aql u! ,CUadwd le3i31 Cluo palaldwoo aq plnogs (q)(f,) gdejSe"ed (q)Vol£ aln,daaS -fmouogiojd agl 4q ,punoo legs ul asinoa3o se pannbai si Sucxapat ,punoa tagioue of sans! item aill uagM '(e)1501 £ aln-d dq pazuogpne se pansap sl `aamnssi jo punoo agl u[ suollnaaxa aip jo Sulxopui p Xluo palaldwoo aq plnogs (e)(q) gdeiSemed (;" aq) ui papnlaul aq of sl 3agsiuie9 paweu a u! dluo palaldwoo aq plnogs anoge) (£) gdeJSeled -pans! galgm ul rpunoo agl,lo jjuags aql of , Iuo paloanp aq Suw luawSpnf pauajsueu a uo panssi lum a (o)£OI £ aIwd 13pufl •paleolpul aq plnogs (lunoo agl `(q)£o I £ aing Aq pazuoglne se ,puma jagloue;o ,pods oqi o1 poloai}p sl uim ail uagm (1) gdetSuied japun 31ON 00 0 0 N o N H z O 0-4 «? S w ? Q z d O w U w d z ? z 10 \ h u G o o cy Q _-4 l 4 a ?J Q r% rt 5 IN t'-' : r E WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1726 Civil CIVIL ACTION - LAW TO THE SHERIFF OF PERRY COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK,1 SOVEREIGN WAY, EAST PROVIDENCE, RI 02915 Plaintiff (s) From BRANDY N. IMES,119 E. MAIN STREET, LANDISBURG, PA 17040 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN PERRY COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$15,970.53 L.L.$.50 Interest FROM 8/12/08 - 2/25/09 $2.62 PER DIEM - $516.14 Atty's Comm5 %STATUTORY RATE - $798.52 Due Prothy $2.00 Atty Paid $278.44 Plaintiff Paid Date: February 27, 2009 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848, HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 Other Costs C s R. Lon ono By: Deputy