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HomeMy WebLinkAbout08-2557, Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC 8875 Aero Drive Suite 200, San Diego CA 92123 Plaintiff V. KANG BOK KIM 2201 Chestnut Street, Camp Hill PA 17011 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. ?$ - oZsZr &,Ai IerM CIVIL ACTION - LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 85440 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire, Id. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 San Diego, CA 92123 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KANG BOK KIM 2201 Chestnut Street Camp Hill, PA 17011 . NO. Defendant : CIVIL ACTION -LAW Complaint 1. Plaintiff, Midland Funding LLC, has a place of business located at 8875 Aero Drive, Suite 200, San Diego, California. 2. Defendant, Kang Bok Kim, resides at 2201 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 3. On or about September 21, 2002, the defendant entered into a Motor Vehicle Contract (the "Contract") with Montgomeryville Nissan (the "Dealer"), which was financed through Wells Fargo Financial. A true and correct copy of the defendant's Contract is attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. On or about September 21, 2002, Dealer assigned all its right title and interest in the Contract to Wells Fargo Financial who became the owner and holder thereof. A true and correct copy of the assignment agreement is attached hereto, marked Exhibit "B" and incorporated herein by reference. 5. The defendant breached the Contract by failing to make a payment when due. 6. As a result of the defendant's breach on December 29, 2004, and as provided by the Contract's terms, Wells Fargo Financial declared the entire Contract balance due and payable. 7. Plaintiff purchased the defendant's account from its predecessor in interest and is now the holder and owner of the account. 8. Although demand was made by plaintiff upon the defendant to pay the sums justly due and owing, the defendant has failed and refused to pay all or any part thereof. 9. In accordance with the Contract and the foregoing, the defendant is liable to plaintiff for the sum of $10,639.54. 10. All conditions precedent to plaintiff s recovery from the defendant, if any, have occurred. WHEREFORE, Plaintiff demands judgment against the defendant in the sum of $10,639.54 plus the costs of this action. SOCIATES, P.C. By: Derek C'. Blaskkr, Esquire Attorney for Plaintiff In making this communication, we advise that this firm is a debt collector. FORM PAS23SLC 24 D2/Olj SIMPIE INTEREST PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated ANNUAL FINANCE PERCENTAGE RATE CHARGE The coal of your cre d u The dollar am"" the a yearly rate. create will cost you. %I $ $ 60386.56 Your P.Wtem PSchedule ayments will be: No. aI Payments Amount t of P+yreenn SeceriIT: You are siring a security interest in the motor vehicle being When hymmB Are Due purchased. i Mine Ny, ba i - Prepayment: If f you payoff early, you will not haw to pays penalty. FIRM Fas: $ NIA r_ Late Chip: N . payment is We, you will be charged 2% of the portion of the Payment wh ch is tale for each month, or part of a month grater than 10 days, that it remains unpaid. See below and any Mher C mtac documents for any additional information about nonpayment, default, any required repayment in full below the scheduled dale and prepayment refunds and Panama. a marls estimate In this Contract wear, MONTGOMERYVILLE NISSAN the SELLER ROUTE 309 AT STUMP ROAD MONTGOMERYVILLE, PA 18936 Nam, Address Zip Code Youam KANG BOK KIM 2615 DEKALB PIKE #113 E. NORRISTOWN PA 19401 the BUYER(S). KYIING snots I TM 9615 nFKAI R PTKF #114 F NORRISTOWN PA 14401 Namelsl Addressles) Zip Codels) N there is more than one Buyer, each premises, separately and together, to paY all sums due us and to perform all agreements is this Contract TRADE-IN: Youhave traded ic 99 MERCURY MOUNTAINEER the fallowing" vehhicle: Year and Make Description N a balance 4 still owing on the vehicle you hive traded in, the Seller will pay o" the mount an your beW. You wamm and represent to us that any badtin is free from loss, clam, emumbra«e re security ederes4 except as shown in the formulation of Murat Firewood as the "Lien Pay ! PROPERTY INSURANCE You may choose Use person through whom insurance is obtomed against less or dam,ge to the Vehicle and against aadlAy arising out of use or ownership of the Vehicle. In this Contract you are proretsiM to imua the Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident It Health (Disability) Insurance are rat required to eblam credit and sell not be provided unless you sips below and agree to pay the additional t%stbl Please read Net NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your issuance cerUfcate or policy will tell you the MAXIMUM amount of entrance available. N imurarce purchased will be for the term of the credit BY signing you WW Single credif Los Imuance. What is your I By signing You select Single Credit Accident It what is you, which costs S _ IIA age?-Veers Health In uance, which cats If I apt? _ Years Slpulae el Buyer to be named fa Snak Credit Life Imura«e SiplahwtBuyertebaasurel lee Snsk Ged'a kxsMglleeMlmurance BY signing, You both select loin[ pant are BY sla,R. You brit sake 1dmGedil wht a2 Percentage ends tie Insurance, which coals f _ /A yom asst +teOdwit S lkaan Imrarcs, wool most Y /A your mss? to be insured I. I, _ is 2. Signatures of both Buyers to be insured te, Joint Credit zee hnurance signal.. of both Boyers b be leisured Ion bins - -% Credit Accident a House Insurance 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 SeN and Buyer. N disclosures have been made by SON Seller Caeh Prke S 37552.00 Cash Downpayment It 7000.00 Trade-in Value of Trade-In it 15200.00 Lien Pap" k : Unpaid Cost Prize Balance S 30552.00 To Credit Instance Company of c To Pudic Olhcbak for C License, Tags and Registration E f £ Iles Fa s 5.00 m To NISSAN f e To PA 1IRE TAX e To SJ16€5 TAX Insurer. 'a f I up R7 VEHICLE: You haw agreed to purchase. under The terms of this CaotmcL the following motor whkk and is extra equipmenL which s caw To the 'Vehicle' in this Contract. f W-11 yw Nld mmm km kilt 2& Ny CIL ILKII 10 Capacity Sagal Number Amount Finaeced NEW 2002 NISSAN PATHFINDER 4X4 8/ JN8DRO9Y32W744650 $ g, 1-17 Finance purge Equipped - A.T. _ P.S. _ AM-FM Stereo _ 5 Slid. Other f 20047.24 with _ AG _ P.W. _ AM-FM Tape _ Vinyl Top Total of Pol masts (Time Balance) ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the'Assigree.- IT the Assignee assigns f 5338636 the Combed to a subsequent asbgnee, the lure also retest to such subsequent eeslenee. After the assignment, all rights and barelds of the pay,.., Sch.d.le - You same to pay Scher in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you Men and K Seller makes in assignment NFB F to es the Amount Financed plus interest in UNDING, INC. 71 CO-SIGNER: Any person signing the Co-Signer's Agreement below Promises separately ant together was all GoSigner(s) and Buyerls), to Pay payments off 741.48 all items due and to perform all agreements in this Contract Co Signer will not he an Owner of the Vehicle. etch, and . final p+ Rent al .,.. JMAL MIFF: MY pesos sigreng the Co,Owaer's Security Agreement below gives us a ss cerAy interval in W&4.hklawdegna se .4 1, of 118 ?- -.-- together with all Co-Dwnerls) and Buyer(s). to perform all agreements in The Security Agreement and all other parts of this Contract exce lust t the f T' -- Tne p Promise to Pay' section. ? 21 OC 1 TERMS: The terms shown in the boxes above an part of ties Contract. payment 01.1 be do on PROMISE TO PAY: You a pa to pay m the Told Sale Fs for the Vehicle by makg the Gish Da l ant enine the Trade shown ,and than payments t ce plu rent to ments nc the mils Coulract end poyin ng u us NR Meant d above, ba a 6elae toe dish You romiee to nuke pay s interest. in ac with the wit ba due ou mat same W of each month y is ay of I to Pay Poyment Schedule. You promise to melR paymm? on r before the same e day of each onth each month es the list payment due e dale. dte. You ape, to paY a6 after lolbwing. :moults which may became due undo the Rain of this Contract You agree to pay rye Seller or Assignee cats of pad. You aim agree to pay reasonable ' sfixte ys lea R Seller a Assignee boxes an attorney to COW amount use Imdr this Contract r b selector get possesion to the Vehicle. You agree to make Payments at the place or to send payments to the address which the Assemee most recently specKks in the written nalice to you SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligations under this Contract you give a ' security interest in the Vehicle in all parts . lolled aClu!SabnSry attached to the Vehicle at any later fame, and in any proceeds of the Vehkk, including insurance proceeds. The Assignee may set-off any amounts due and unpaid under Ns Contract againt any ut your money on deposit with Assignee. hrs includes any money which is now or may in the future be deposited with Assi nee b ou Assi nee ma do this without any prior nele:e to wu. g y y . g y ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON T E . FRONT AND REVERSE SIDES. H By signing below, we agree to sell the Vehicle to you under the firms of this Contract and NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE Seller agrees to assign this Contract to the Assignee named abaft in accordance with flit ENTITLED TO AN EXACT COPY OF THE PNTRACT YOU SIGN. KEEP IT TO first assignment printed in the reverse side, unless otherwise marked. PROTECT YOUR LEGALISIHT$/?, SELLER MONTGOMERYVILLE NISSAN BEAU 09/21/02 ci;z Dale BY: --vwli. G9-21-02 L ISEALI 09/21/02 Oim Date CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN T U ON A SEPARATE DOCUMENT, BEFORE SIGNING THE COSIGNERS AGREEMENT. CO-SIGNERS AGREEMENT: You, the person (or persons) signing below ss'Ca-Sig-." prwmixe to pay to us all sums clue on this Contract and to perform .II leg « ants in this Contras. You intend to be legally bound by all the terms of this Contrac4 separ rely and together, with the Buyer. You are making this pro uc to indutx us to make this Cmnraa with the Buyer, even though we will use the proceeds only for the Buyer's benefit, You agree to pay even though we may nd have made any prior demand for payment on the Buyer or exercised our security imerem. Yzpau alss106, o -noow I?` g a1]c Ieled copy of the Contract. is I (SEAL) E6IISTOYN? Pn 19?l I 09/21/02 Co-Signer's Signature Address Dale (SEAL) Co-SignerY Signature Dam CO-OWNERS SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or usherwisa being all of the Owners of the Vehicle, give us a Security Intent in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract a:ceps the "Promise To Par section. You art giving us the security interest to induce m to make this Contrea wish the Buyer, and to «curethe payment by the Buyer of all sum, due on this Contract. You will not be responsible for any deficiency which might be due after repossession and sal of the Vchick. (SEAL) Ce-Owner's Signature Address Date BUYER, CO-SIGNER CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIM COSIGNER CO-SIGNER OR CO-OWNER NOY ERSE SIDE FORINPONtANT INFORMATION. Amount Financed Total of Payments Total Sock Price The amount of credK prouided The amount yo" wilt here paid alter you The total cost el your purchase on to you m on your behaff. have Rude all scheduled payments, credit including your down. most ors ]oon.no . aancewsaFn roRYAlpysu+pynn onion.t-m,?u.p,rantrr.oa.w.apa.nwtms,co.sutlas crr.w.crr.r r.,.t E/[#'T?'W---e,uc. DDITIONAL TERMS AND CONDITIONS 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total ems is the sum of the w Amo nt Fin n nd th d Fin Ch Th Fi Ch tar may aarenoe money IN main .s o cover bs or damage to IM Vehicle. We bare Ile u a ce a e ance arge. e nance tness solely of interest arlie computed daily an the wtsi.m&ng bahns, of the Amount Financed, The Finance Charge Nola of whether or not I. edva ay money for thee W rposex Such nwwhce Bill be laded to an amount not {ruler than you owe on this Contract THE INSURANCE YWy[E shown oa the front aide has been computed an the essumphon thnt in will receive all PURCHASE MAY BE SIGNIFICANTLY MDRE EXPENSIVE AND PROVIDE YOU LESS CDvERkGF payments an low scheduled due dales - THAN INSURANCE YOU ODULD PURCHASE YOURSELF. 2. COMPUTING INTEREST. We win charge interest an a daily basis an tkroutslandibi We via add any money w advance on your behalf to the balance on which in impose balance subject to weresl on each day of the ban harm. The daily widened ale's Bawl to the Finance Charges at the Annual Percentage Rate of this Contract You agr the saws ue Annual Percenage Rate divided by the number W days in that akndar year. Buyer agrees morwy advanced a w alms, may specify: (A immediately an Oft", at-" 3" who yew Mat heause, i*mst is calculated m a daily basis. late payments will reeuR in edMbapal monthly Par." N we ckwwe M allow You In repay the awmey a&-ad ably wdh yew interest land, A applicable, a W oharya). Early payments will result n Hws fAkItO being monthly payments, we as choose the amount of Iome paimusts and how long you ban to charged. Early and/w late payments wed amt the amount of the final payment to charge. 3. HATE CHANGE: Buyer aghoes go pry a hate darn, for arty paymed and made wilhn 10 mpy. II any of our to& stand in this paalraph are not permitted by 4w, w slit ban the days alter its due date. The late charge will be 2% per mate an the wood amount at the of, rights menliom. Our paymsas on your behalf we not cure your failure In perlmse your promises in in. Contact be on payment We WIN corader any post Of a month in excess W 10 days In a t The 12. DEFAULT: In This paragraph "You" roams the Buy., Co-Siener anQ CoOwper, or any ewe h " a tha late charge will be der when ea W. No late chalet .If on dust n is season that the Of Thew You vast-the in "Dehup" of the Contract Wine we or dial, al l6eaolknmt Ibises oYmmenl is lateis beams, alter default it. amw owahandirg balance on ins Contrail is 6appem due. No hate Burge wM be don N Uses only a.- That the payments late is because of a 41e payment o or befke A is rku; B. You do nol charge assessed en an otter, payment 4. APPUGenON OF PAYMENTS: We win apply payments in The Wowing order of Brioi s: c or . onotk keepeeps any prance you u moatinIsis b Youd to lsseeesl: aM Men to late cn.ps. lees, principal and any other ansuas you ow. in en Contact c You or not keep any promise van made . another Nola, Loan a A gremenl wntbSeslaAsOgnce;a " to ondarthatw'tPo 5. PREPAYMENT: You may Prepay. in full or an pat, the amount owed on the Contract at any d. You made any untrue statement in the creNappfutba ter thin Cooked or am without penalty. N you simply the Centred in part you agree to conl.ue to make I. You committed any forgeryin connection dim this Contact a regularly scheduled payments until you pay all amounts due under this Contact This will I. You dk, arc carncled of a cane involving lwWbm deownesly, or an found try a court red= the number of payments you will make. dim jubdickm to do as NO teincapaetated; or 6. WAWERi G You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or 1. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any insolvency proceedings Basket you. or panty as necessity fa the repeymeM co this Camad, cued for Ike Vehicle and the nthns h. You taw Ink Vehice outset the United Stales a Caruda winnW ow walks consent or . smash specifically mourned in this CaArect i. You Use the Vehicle a allow woman else to use A in a way [hat causes t not to be is WAIVERS BY BIMR. CD-SIGNER AND CO-OWNER: You ape to maw all payments on canon' by yaw assume; w or before they an due nWW saw harry 1. ask. IT you don t we may riorge sms, nghlg wheW requires you in advance You lift up any right you'm!y haw remas-Mat we- ,. 4 - Yw tlo somethn[ IMt noses she, Vehicle bJq subjadl tosapbuhen by govemment arRmwiuman Balance our fob against same Whw person in property before we enforce our rights agrnw k The Vehicle a test slam, destroyed a damaged beyond econ l repair, and not you You IS,. that we may airs up our rights against some other peeaa bed notlapauuwcl1 YYeap You vain due ddg n in coAe inn il d nd h ba d hp i d l hull a load within a mawwde time: or . ' ' t AnolAa t i VEh.k d W t b Uk th i d on de t? e a c a a e msa an swe?s prp at se ry dp rn cnelteml w security ;4j ' . I ` re r r es e e or2 ur money gnee by oss with Ass itmdowM ., y. r , .. .._ . . - . .. 7. INTEREST AFTER MATURITY AND JUDGMENT: Interest st the rate provided in this - . r .. 13. OUR RIGHTS If YOU ARE IN DEFAULT OF THIS CONTIM: n yon are in Default ol this Coaad shelf cad.N te xlruef on the unpaid balance until paid in full. eon slier maturity CoOwt we may eMWte our firma according to haw. We may also do the things amAitmy and/or an. we gal a judgment Igaimt yon for Ike mkwms on. This all apply even it Me weholemd as go Contact We may do one of throe things and at the same me or War do matuay nocuts beams of acceleration. II at any time Named as provided for in this another. Sete at the Mars we may do are the following: paragraph is not tlgrIT OYMaw, interest shall accred at The higtresl rate allowed by a ACCELERATION: We an demand that you pay to us The *else unpaid balance awry I appkcabk law beMMwg MIMI fuss. a YOUR PROMISES ABOUT OUR SECURITY INTEREST: Yon visa not owt anyone atter an lk Contain add all unpa'id''?F=We Chalrm IW?q?Q. r!m!roaoo?EY dN. You Ni that You we thi ' t n 446* Wt J ' N . than as as eWn Atptredb;nj.eal or other ripen in the Versus. You win pay ore Mini; tees aflen in the Vehck You wed assi t pettmry far m to aabdha?l and maintain our securit s MONY o m 0 n Mmldi pQkpEaivegMr denaM. tiJ • pay paY Is. REPOSSESSION: We an moment the Vehicle unless proWY eel by haw. We an do y . m s in ha ding or sacussh imereal nakd m the Cetoi ak W TiNM the Vehicle. You I'M not sea This puadves, heed a cooled person 00 A fw m, or hate a Samurai oflid l (by replevin) do it for a You a[rme that w an peaceably area an to year propety to do this. We may a airs away the "lid, II someone puts a lien an the Vehicle, you will pay the obkgonn eel like am other thin found in the Vehicle, bell will return these Threes to you it yen ask 0 you I.I. lea . - 9. YOUR PNOMISES'AMY THE VEHICLE: You we keep the Vehicle n god r:andibDn ail wa tIhm things back you earn to ask in in a letter sent In in by advised and wiMn 21 mean, If you do net send m Iles letter, you give up any cum to tease Iwnp. You ape that hoped. Yen we pay all Lm awl rdYMiarrdeseona Upeerm Vehice. Yafnf be u w toed paydoIf b co Ihe Vats the VeMCIe Yen vie notabumJhe OtehelmaM.nin 0icAg it anyth m , uM , gunk plates an sepossesurg the Vehice coed taking it face place for swage. will educe its veldt; Mts. these for mass wear .M M. YOU we not use the Vehicle for c. VOLUNTARY DELIVERY: We can ask you to girt us the Vehicle of a reasonably dace. din t in mk You agree 10 Em fd" Metal purposes or for hie Odense. You dal rem mot the Vehicle Iran yaw addles shown an the boat of this Contract to I new permanent place of Ranging without nolffyng us in t d. DEL an delay can Bela IM ENFORCEMENT: We y announcing our right, under this Conlnd t l Il i advance 10. YOUR PROMISES ABOUT INSURANCE, You BAR keep The Vehicle insured against fire. ehtsst. vm mad os ssig any rig. ? SOME ONE THINGS YOU SHOULD KNOW If WE REPOSSESS THE VEHICLE: h we repossess luff and collision mad an suns due as art paid in full. The insuanoe.fov.ag! must be Inoul using a goveromeds altctal (by assassin): satisfactory o us iM Mrakd your intense; and our inkrtsts at IM 0me of arty insured loo a NOTICE: We we seed you a Notice of Repossession to yes ?t addles we know about theinsurmwu: must wme m a "Isss.paygg' on the mi The issuance must be written by This Notice we WI you low an buy back (redeem) The Vehicle. You we NOT man the ripe b am insurance company aualtdd to do busies in Pennsylvania and kamM In dl as.-. minstek the canirxt This roam you will have to pay the told balance on the Conked and in the den when it. Vehicle is permanently garaged. Thema ance policy mot wovile as oft amounts due You may not get the Vehicle back by paying delinquent instrument. This nIN at leash ten IIO).dayspnor warn notice of any mmebimn a mducl- coveage. On Notice win (.1I you other nlormalm required by haw. request you shag deknr the pokey in other evidence W arm ance !overage o Us In the Is. REDEMPTION: You hen the rigk to buy back (redeem) the Vehicle wilhin 15 days of event of the os in damife to the Vehicle. few we immediately rokfy us in writing and fee a the main[ W The Notice and at any lifer tifne before w sell the Vehicle. If you do not prof of bs Beer ITe insurer. redeem, you pre up cog them to the Vehicle. a. OUR RIGHT TO FILE PROOF OF LOSS: In the ends of any loss w damage To the c SUE: N you don't redeem, w we sea the Vehicle. The money received at ate we be Vehicle. N you tag rl:refuM tea file a claim or proof of loss with the insurance company, you ' used to pay costs and expenses you owe. and then to pay the amount you own on the aim that the So* ASKML My 6NWe emt assignee. or my n1hon[ed emplane of my at them ravel ma 4; a poor of b" with the insurance com our nam an in add ti Contract. P p y, y ac e ng y m your agent, with aspect to the insured claw. You ape that you do not have the right to it. SUR LUS DR DEFICIENCY: If there is money left, w will pry, t to the Buyer. If there is not enough many lam the ate to pay what you one. Buyer and CD Senr agree to pay what and dip not revoke the power you have given us to file a proof of loc. Yen agree that Be may is use own to m. exercise This power for our benefit and not far your bemliL except as provided in this a EXPENSES: You ape to pay use costs of repossessing, classes, apahirg persaamg for contact and by law. - :.. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: Yoe apes put On Seller, Asagme, v , ak and sellrg the Vehck Be may slimed law. Thes I Default cash at the t e rime of repossession: costs n.# only be it. il: (I5) dip Poss . any subsequent asUee, man oWh ri ed employee of any of Them ( es) may endure so w name, acting a your agent to any check drat a ahem instrument w ncense in p- raw of m u er. * . IM amount nl of ol costs a an actual necessary and reaapatilde; erg 2 an insured loss or return at inwance premiums You aam that you do net Mn it. right to 3. We an prove tee aces were paid. and will not make the a- you hat given, Us b make your ewgpdeMBIA You Bars that 15. HEIRS ANQ PERSOMU tEPITASENTATIYFS BOWID: Alter your death. this Contract shell riot we may exercise Itespbwem son our bents and la your besot, e:cebl as amended in this be emmceahMgairod your hairs and personal mpesiM$tign olyanr estate. Contra and by haw. 16.60YERNIMG TAW: TMs Compact is to be wenDeleO mccandmnl b the law of Pennsylvania. c. USE OF PROCEEDS: We may apply any insurance poceeds in reasre o repair w 17. SEVERAINUTY Of PROVISIONS: If for any reason any on of this Contract shah become replace the Vehicle if, in our ep ma, d a xonanK.lly feasible and you are ON then in Akgal, wand or upentaceabk, that pad shall not be a part ad this Contract . delauf of this Contract Otherwise, an will apply the insurance, proaMsAO reduce the Unpaid Atk b l d h iH z 1& ASSIGNMENT IT BUYER: BuY.'bare rem INS Catered 19 THERE ARE NO WARRANTIES BY SELLER &RESSED OR IMPLIED IN D T ance a t a ue Be, e,b no due in is paid, any excess wit belong to YOU. 11. OUR RIGHTS If YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, . . , ING HE CLU WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, VEHICLE OR IN39RAMM: II you fat to keep your promises to pay fang tees, laws,, Baas a Ugtt33 WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER the costs mcesary Is peep the vehifk in good condom aM repair, we may advance any ENTERS ITTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE GATE OF many you promised to pay. It youJail to keep your promises about required insufma, we TINS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the tacNUf this Contract has a Buyer's Guide Window Sticker required by the Federal The irMOnnation you see on the window form for thi3_.ehicle it part of t_ hi ContFecl. lytormits .l j.DBerrides any,. - ' -cDlftrkry pf6tT@101TS10 the Contract of sale. , NOTICE-ANY HOLDER Of THIS CONSUMER CREDIT CONTRACT IS SU BJECT 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 signets) W ibis Contact Mreby takels) notice that Group Caen Lila Insurance coverage a Group Credit Accident and Mabdty Insurance coverage wig be apd¢akt o this Contract it so marked on the front of this Contract, and each such type of coverage will qi Mmen by the insurance company wined. This insuance, su ct k occedmace by the .surer, carers only The person or arsons signing the request for such insurawa. The aaauk of churl is indicated for each type of Credit Insurance In be pumMsed. The hew of unu stir. Big commence as W the date the indebtedness is mi,wree and we expire on the aYiwl scheduled maturity date of the indebtedness. Subject to acceplance by the answer ,M within 30 days, there will be delivered to the insured debtorlss a cerldiule of insurance ream, fully describing the insurance. In the event W prepayment of the mdehtednoss a refund of issuance charges we be made when due. NOTICE: SEE OTHER SIDE FOR IMPORTANL 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 Contact in u follows, fNwael to purchase the within Compact the Seller hereby warnnU-and represents, and answers to wane aad represent that Ise all has been made in slits conformity with all applicable M7erB'stele aM local laws aad regulations. including, but not bailed lo. ArOcle 2 W the Pennsylvania Unilwm Commercial Code 113 Pa.SSA {§210] PPtYseM;aurJeelslh .fprltrxl and IAe VehKla covered Hereby is absolute, free ol all titres encwmbeapees and sewoyfnteres4 iM is wtaact only la The riglw Ot the Bsrer as set fwthlNeiein; the GMiacl•afeasare, m sieotann Isrcm are net forgeries, arose Iron the ate of the Vehicle theren described, and A padies therein are of full age and had capacity to contract the deacssdron of the Vehicle aM'ell"liapmmeds d complete and correct; the ash dew ssaymeal and/or trade-in sbayam&umt rjitrQy received and an pat thereal consisted of Bole; Pat dated checks, other credit advanced by m to Buyer or rebates or similar payment from in to the BuyeryM.eeer manufaaaer rebates may caalBute all as a pad of the downpayment):.II wrramies and statements thenfn an We; then is owing thereon The Amount Financed plus interest at rise Annual Percentage Rate of the Contract spa IoM therein; in art duty earned under the Pennsylvania Moor Vehicle Saks Fnence Act and have dul"emplied with all requireweos thusf with respect k me transaction sad with the federal TMMin-Lending Act and with any other federal or slate law, rule or regulation applicable to this Contact a mold vehicle title afificale showing a fen a encumbrance in favor of Assignee lam been in win be applied for promptly; The registration of the Vehicle has nol been suspended and The Seller eaews it w hati, which may result in the suspension of satd registration under the Pennsylvania Motor VelwJe Fiwncal Respomibi ily Act the Buyer(s) named in the with. Contract is least penwly known to the Seer to be the same identical person(s) -he..gwtneu) is heat Bhutan to Russ Contract mad Seller his no knowledge of facts impairing the wYdily w value of de CenlntT. 0 any Inch rarramw a repnsentapom shoUd be breached at any time. Sekr spin repurchase said cemnd Ism Assistant, on demmM; :11 wsa pay lhefel" i ft h.4beaiuowl iwni Iheeom. computed as at IoM betom, add smid reedy shall be cumub0n and not emyuswe, anri'IhsU non .hecl any other It at rent_' Nit Asshpet+m ban M 11% or in equity age" Seller. In the event fast Buyer faits or refuses to make any payment due maloa, of SNW atbar coal w wrAkR i f tlll,tA.llitlm iWal ribr2smlkd_ Ep,lYtguyw by we Unit SaYc verges to loser my wunoty w orrice aammmt hetMrAOv . ter idri "j l 'fYll?i•'AFBEh Ile or mmwlac[ure r, Soler aiees the, oa BE sed Is Asa.. I a such yew, $a r willSrNm, resonant the tswMxl Nairn AmiguR arhapay•Abigne far ades immediately in accordance with Use repurchase terms al forth below, and Seller further agrees to kold Assigns harmless laws any Other c4kns of Buyer, mctuarg attorneys, lees, cosh and expenses incered in defending against claims aserled by Buyer and including claims [as refund of payments made by Buyer ON Assigns. It tM SNUBwI IN, pwchlm property hdwipme on behalf OI The Buyer. sad that issuance is canceled by the insurance company prior to its scheduled expiration dale, Seller we M60 IN ce cm1p ruble -.p with astha insurance company on ehalf of the Buyer. If Seen,. is Unable to do in. Seller will nolfly Buyer and pay to Buyer any additional cosh Incurred by the Buyer in obtaining replacement brsumme for the uatpaed period of the original insunncs poky. By signirg gad dating the Conlas L in Sneer, deNSnng Is Contract to the A.*- and accepting oyment for it Sells authoraa the "nee to ad n the Sesi S seems for the pupose Of camdettng a 0stecting the identification of the Assigns in this Assig-ol to welted she true Assigns who Purchased the Contact and/of for the purpose of signing Sneer's name la tlAs Assignment without yepourse, it the Assignment a delivered without the Seller's signature. Alsiame may an- the Power given in this paragraph for the benefit of the Assigwee and not for the snot of the Seller. Seller does not haw the right to and agrees not to make the power pan. mis paragraph. said In the event that Seller a required by this Assignment to repurchase list Contract and/or Vehicle, S.R. shad pay to Assigns, in cash, the full unpaid balance of it. Contact as of the W repurchase, pas Bay then armed Finance Charge and any aM IN curls and expenses paid or incurred by Assignee in aspect theren, mcndkrg reasonable aMrneyi tees, in comeediPo WON claws by a agaiml any Buyer, owner or persons in possession of the Vehicle end/a by w aplus SAW. ' Far value received, Sell. hereby wlfs, aligns and Trans- .6 the Assigns, is suc-.and -.am, pe nth. Contact, an..my. due and to Bice", it%Ishemnd., end all saki last add iaeesl in and in the Vehidr thereirs described, with full power in the Avis is in its er "I ante to lake such legal or other Bctm wNcllwe sh eld sve'nk n nn ter this AfSvUvwv t URka Seller marks either of the endowments below, Idled 'WITH FULL RECOURSE" or "wIEH REPURCHASE." Setter's Assignment shall except far the woeis.m of the paagradm titled "Asstgnmank" be W"w recourse. - - - =. . - . O WITH Nth RECOURSE-Selo area 1baL in addition No is paragraph above AMd "RSijgmmen{,• .phe event otdehault by Sow In the full payment on the due date thensil of anyj intshnnt payable under the Contact or in the prompt petormaace of ahyy WW abepund In he osdailM niskirls Contact by Buyer. Seger will an demand by Asignea, Bush on repurchade the Contract from Assigns for a repurchase Dice in cash. cowhpwle0 as at br0e lBOn. O WITH REPURCHASE-Seller area hut, in ed0flion b Re pavtlias of the PangnM sbe* Need "ASigmsBt? in the esm OI wry delauh by Boyer which shall eatk Amlessie to repossess the Yehc4. Steer will. A the vehicle is repossessed by'Assignee and deknhod anSeler, and without regard to the Nen anditon of The Vehicle, forthwith repurchase the Contract and Use Vehicle from Anipae for. repurchase prove, in cash, notated as set forth above. By signing slow, we agre to the terms of pw Assignment Saver _ B Date amaI15UMFR few wL43MLM Ill/ell - ASSIGNMENT of CONTRACT (Non-Recourse) i 171ls Asslgnnent of Contr2c ('Assfgnrlenr) is aMadhed M =:nc .i; ?;tirt i tyat e$rtain ra'.a?i instalment cost -.C..?d sec,:rity agrrrnent par:?Immg to the rzl:? ,.,r.-3 fnarcirg of o motor vehicle (the *Contract'), morn pardcularty 9ellerlDaaler K? ?0K K12; saw- .110-3 ip-tibdb "A 113 0 - Narr tsiown . PA. r 9.{0 Buycr(s); 4q 0. All ?? .? v Lt 3t» Shur: ad ame an .4ctprCS9 O, p.i.o•r?i? Assignee"I: -aaiar R r OX s Faso Flrand'all f c?-1 f Q? W!n 1 imemsional Plea, r. 0'- . Rhlladelphfs, FA 1911 Fcr Valt:e racaived, Seller hereby sells, transfems, as":Igf s -Qrd C{EII?'4;J : 'I' Asaicnes all of Se;!er's right, tile, Interest end all mimedia; of S-3111er in, to V.d U1 .:!r ihs Contract_ This Assignment is made pursuant to and subject to the ;_rrns of tip .- "i Recourse Dealer Agraement between palter andAstigne° (-D_aler F.tvet;1'`. This Assignment shstl be el ec -- aS cf SELLER By It MO1tt9OPti; rYV4: *san Poor Quality original . l ?l a.r?. K.?? , ,J??.2,:, s'a'c.:. • in 'A nN Xda 'JAIN 'Nt4 cM?Ib.4 S113M UV 1£:60 NOP ZO-61-130 EXHIBIT / Verification I, Nicole Van Der Schaaf, am an employee of Midland Credit Management, Inc. which is by contract the servicer for plaintiff Midland Funding LLC retained to collect delinquent debt. I am authorized to make this verification pursuant to a servicing agreement from plaintiff to Midland Credit Management, Inc. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to the authorities. Date: o2S Nicole Van Der Schaaf Kang Bok Kim 4736930 co SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02557 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDLAND FUNDING LLC VS KIM KANG BOK 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 KIM KANG BOK but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 2201 CHESTNUT STREET KIM KANG BOK NOT FOUND , as to CAMP HILL, PA 17011 PER NEIGHBOR, DEFENDANT WAS PLACED IN A HOME. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 15.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County 48.00 BURTON NEIL & ASSOCIATES 04/29/2008 Sworn and Subscribed to before me this day of A. D. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Midland Funding LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2557 CIVIL TERM KANG BOK KIM Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action BurtonP41A.Asociates, P.C. By: ijerex\V. ELllasker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 85440 t` v ;" c,_. ?? :? : _. ? 's , __ ?"" ? L(". _ _`` - t..y. ? fr' yew= Y L .F ' ;.. t..?, ^ . V '[- ..,,.? f ?. i f_«? " ..