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HomeMy WebLinkAbout08-4727IN THE COURT OF COMMON PLEAS OF THE 21sT JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Dennis and Charla Cook, Civil Action Plaintiffs VS. NO. 0V- y 72.7 Longview RV Superstores, Fran Roberts, ; Frank Roberts, Defendants Jury Trial Demanded You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR MEPHONE THE OFFKE- SET FORTH BELOW TO FIND OUT WHEREYOU CAN GETLEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service Telephone 1-800-692-7375 (PA only) or 1-717-238-6715 AMERICANS WHH DISABR IIIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF THE 21sT JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Dennis and Charla Cook, : Civil Action Plaintiffs VS. NO. o s- ?% 2 2 7 C 7-;--,, Longview RV Superstores, Fran Roberts, Frank Roberts, Defendants Jury Trial Demanded COMPLAINT 1. Plaintiffs are Dennis Cook and Charla Cook, each a sui juris adult, being a married couple residing at 300 South Queen Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant Longview RV Superstores is a corporation doing business at Route 22 and 295, Canaan, New York. 3. Defendant Fran Roberts is the Chief Executive Officer of Longview RV Superstores with a professional address of 4 West Street, West Hatfield, Massachusetts. 4. Defendant Frank Roberts is the son of Fran Roberts and is the head of Longview RV Superstores' Connecticut location, with a professional address of 27 Lawnaere Road, Windsor Locks, Connecticut. 5. Defendant Longview RV Superstores is in the business of selling, renting and servicing recreational vehicles throughout the United States and in Pennsylvania. 6. Defendants Fran Roberts and Frank Roberts are owners of and are employed by Defendant Longview RV Superstores. 7. Defendants Fran Roberts and Frank Roberts provide services to facilitate the sales, renting and servicing of recreational vehicles by Defendant Longview RV Superstores. 8. Defendant Longview RV Superstores entered into a sales agreement with Plaintiffs on September 24, 2007 for the sale and purchase of a model year 2008 Travel Supreme Select motor home. 9. The motor home sold to the Plaintiffs was portrayed as a model year 2008 motor home by all Defendants. 10. Plaintiffs were told by employees of Defendant Longview RV Superstores that the motor home had been built late enough in the year 2007 to be considered a 2008 model. 11. Plaintiffs had deposited $500 toward the purchase of a separate 2006 motor home from a separate dealer but Plaintiffs were convinced by Defendant Longview RV Superstores and Defendant Frank Roberts that the 2008 model was a better value for Plaintiffs. 12. Defendant Longview RV Superstores took actual possession of the motor home in December of 2006, several months prior to the date the Plaintiffs were told by Defendant Longview RV Superstores and Defendant Frank Roberts that the motor home was manufactured. 13. Unknown to Plaintiffs at the time of the agreement to purchase, the motor home in question was actually built in September of 2006. 14. Unknown to Plaintiffs at the time of the agreement to purchase, the motor home was originally assigned a Vehicle Identification Number (VIN) pursuant to Federal guidelines identifying the motor home as a 2007 model year by the chassis manufacturer, Spartan Chassis, Inc. 15. Following delivery of the motor home to Defendant Longview RV Superstores in December of 2006, said Defendant took the motor home to a couple different sales shows but was unsuccessful in selling the motor home prior to September of 2007. 16. Sometime prior to August 8, 2007, a representative of Defendant Longview RV Superstores contacted the motor home manufacturer, Travel Supreme, and requested that the VIN be changed on the motor home in question in order to make the motor home appear to be a 2008 model year. 17. On August 8, 2007, more than ten months after the motor homes' final assembly date, the manufacturer„ Travel Supreme, contacted the chassis manufacturer, Spartan Chassis, Inc. and requested that the VIN be changed to reflect a 2008 model year. 18. Spartan Chassis, Inc. accommodated the manufacturer's request because Spartan Chassis, Inc. was unaware that the motor home had already been finally assembled and delivered to Defendant Longview RV Superstores. 19. Travel Supreme, the manufacturer of the motor home, made the request to change the VIN because Defendant Longview RV Superstores requested the change in order to allow Defendant Longview RV Superstores to have a "2008" model at the Hershey, Pennsylvania sales show. 20. Spartan Chassis, Inc. would not have agreed to change the VIN if Spartan Chassis, Inc. would have been aware that the motor home had already been assembled and placed on Defendant Longview RV Superstores' lot. 21. Defendant Longview RV Superstores conspired with Travel Supreme, the manufacturer, to fraudulently have the VIN changed to make the motor home appear to be a recently built 2008 model. 22. Plaintiffs relied on Defendant Longview RV Superstores' representations that the motor home was built late enough in 2007 to be considered a 2008 model. 23. It wasn't until Plaintiff Dennis Cook received a recall notice and had service work performed that he discovered that the motor home was in fact a 2007 model. 24. After receiving a recall notice, Plaintiff Dennis Cook took the motor home to Cummins Power Supply in Harrisburg, Pennsylvania, for the service work. 25. Cummins Power Supply was an authorized service center for Spartan Chassis, Inc. 26. Cummins Power Supply notified Mr. Cook that the VIN had been changed. 27. Plaintiff Dennis Cook contacted Travel Supreme and ascertained the actual assembly and dealer delivery date. 28. Plaintiff Dennis Cook was informed by a Travel Supreme representative that the motor home was finally assembled on September 28, 2006 and delivered to Defendant Longview RV Superstores on December 22, 2006, and that the original VIN indicated that the motor home was a 2007 model year. 29. Having the VIN changed to reflect a different model year was an illegal act under U.S. Code Title 18, Chapter 25, Section 511(a). 30. Defendant Frank Roberts was personally aware that the motor home was not a 2008 model and that the VIN had been unlawfully changed prior to the sale of the motor home to Plaintiff. 31. Defendant Fran Roberts was personally aware that the motor home was not a 2008 model and that the VIN had been unlawfully changed prior to the sale of the motor home to Plaintiff. 32. Defendant Frank Roberts specifically used the idea that the motor home was a "2008" model as an incentive to convince Plaintiffs that the motor home was a better value than the motor home Plaintiffs already made a deposit on at a separate dealer. 33. Defendant Frank Roberts stated to Plaintiff Dennis Cook that Mr. Cook would be saving over $18,000 from later produced 2008 models that had changes in their assembly. 34. A key tag in the motor home read "2007" and Plaintiff Dennis Cook questioned why the key tag on the key chain for the motor home read 2007, but Mr. Cook was informed by employees of Defendant Longview RV Superstores that the key tag was wrongly labeled. 35. Chapter V, Part 571 of the National Highway Traffic Safety Administration's Federal Motor Vehicle Standards defines in part a model year as "...the year used to designate a discreet vehicle model irrespective of the calendar year in which the vehicle is actually produced so long as the actual period is less than two years." The changes in assembly between the 2007 model year and 2008 Travel Supreme Select make the 2008 mode a discretely different model than the 2007 model year. 36. Both Defendant Longview RV Superstores and Defendant Frank Roberts were aware that the 2008 model year Travel Supreme Selects were discretely different vehicles and that no legal justification existed in changing an existing 2007 model VIN to appear to be a 2008 model. 37. All 2008 Travel Supreme Select motor homes have a panoramic windshield whereas Plaintiff's motor home does not have a panoramic windshield. 38. An actual 2008 model year Travel Supreme Select motor home is a discretely different vehicle, with substantial manufacturing changes compared to the 2007 model year. 39. The presence of a panoramic windshield versus a standard windshield is a significant change in a motor home. 40. Dealers and other individuals aware of industry standards would know that the Plaintiff's motor home is not in fact a 2008 model year based upon the windshield and other manufacturing changes. 41. Once Spartan Chassis, Inc. assigned the original VIN to the motor home and the motor home was delivered to the dealer, there was no legal authority for Defendant Longview RV Superstores to request to have the VIN changed. 42. Defendant Longview RV Superstores conspired with the manufacturer, Travel Supreme, to mislead Spartan Chassis, Inc. about the status of the motor home in order to obtain a fraudulent VIN. 43. The economic gain the Plaintiffs were lead to believe they were getting by purchasing a 2008 model year motor home was lost. 44. Plaintiffs incurred significant depreciation losses in owning a 2007 model versus what they were mislead to believe they were purchasing, a 2008 model. 45. The depreciation loss incurred by Plaintiffs exceeds $50,000. 46. Plaintiffs have been required to continue to make payments of principle and interest on a motor home that is not what they intended to purchase. COUNT ONE - FRAUD - ECONOMIC INJURY 47. Paragraphs 1-38 are incorporated herein as if recited fully. 48. Defendant Longview RV Superstores and Defendant Frank Roberts represented the motor home to the Plaintiffs as a 2008 model year having been built in late 2007. 49. The model year being a 2008 was a material element in the Plaintiffs' purchasing the motor home. 50. The representation that the motor home was a 2008 model was false. 51. Defendant Longview RV Superstores and Defendant Frank Roberts were aware that the representation was false. 52. Defendant Fran Roberts either knew or acted recklessly as to the truth of the representation that the model year of the motor home was 2008. 53. The representation of the motor home as a 2008 model year was done with the intent of misleading the Plaintiffs and others into relying on the representation. 54. The Plaintiffs justifiably relied upon the representation that the model year was 2008. 55. The economic injuries sustained by the Plaintiffs were proximately caused by Plaintiff's reliance on the representation. 56. Plaintiffs have sustained economic injuries in excess of $100,000. V40U ORE, Plaintiffs demand judgment for Plaintiffs and against Defendants for all economic injuries sustained. COUNT TWO - FRAUD - PUNITIVE DAMAGES 57. Paragraphs 1-48 are incorporated herein as if recited fully. 58. Defendants' conduct was intentionally tortious toward Plaintiffs. 59. Defendant's conduct was outrageous and egregious toward Plaintiffs. 60. Defendants' conduct was intended to defraud Plaintiffs. 61. Defendants' conduct cannot be fully remedied simply by making the Plaintiffs economically whole. 62. Punitive damages are available to the Plaintiffs to punish Defendants, deter Defendants from similar future conduct, and to deter similarly situated Defendants from following such conduct. WHEREFORE, Plaintiffs demand judgment for Plaintiffs and against all Defendants for punitive damages. COUNT THREE - CIVIL CONSPIRACY 63. Paragraphs 1-59 are incorporated herein as if recited fully. 64. Having the VIN changed was an illegal act perpetrated by Defendant Longview RV Superstores and Defendant Frank Roberts. 65. Purposely misleading a financial institution on the value and year of the motor home as collateral on an installment loan was an illegal act perpetrated by Defendant Longview RV Superstores and Defendant Frank Roberts. 66. Defendant Longview RV Superstores and Defendant Frank Roberts conspired with individuals representing the motor home manufacturer, Travel Supreme, to commit the unlawful act of having the motor home's VIN number changed to reflect a newer model year. 67. Defendant Longview RV Superstores and Defendant Frank Roberts conspired to commit the unlawful act of intentionally over-valuing and misstating the year of the motor home in anticipation of the Plaintiffs encumbering said motor home. 68. Defendant Longview RV Superstores and Defendant Frank Roberts acted maliciously toward Plaintiffs in: a) conspiring to have the VIN number changed b) failing to inform Plaintiffs that the VIN had been changed c) purposely misleading Plaintiffs about the manufacture date of the motor home d) receiving payment from the Plaintiffs based upon knowingly false statements made by Defendant Longview RV Superstores and Defendant Frank Roberts. e) allowing Plaintiffs to encumber the motor home with an installment loan knowing that the collateral for the loan, the motor home, was not valued according to the true value of the motor home. 69. Plaintiffs have incurred economic damages in excess of $100,000 as a result of the civil conspiracy. 70. Plaintiffs are entitled to recover all economic damages incurred by Plaintiffs as a result of the civil conspiracy. 71. Plaintiffs are entitled to recover punitive damages as a result of the civil conspiracy. WHEREFORE. Plaintiffs demand judgment for Plaintiffs and against Defendant Longview RV Superstores and Defendant Frank Roberts for all economic injuries sustained and for punitive damages. COUNT FOUR - BREACH OF CONTRACT 72. Paragraphs 1-68 are incorporated herein as if recited fully. 73. The Sales Contracts related to this transaction are attached hereto as Exhibit No. 1 and Exhibit No. 2. 74. Exhibits No. 1 and No. 2 are the original sales agreement and the original "Retail Installment Contract and Security Agreement" respectively. 75. Exhibit No. 1 was signed and dated by Plaintiffs and a representative of Defendant Longview RV Superstores on September 24, 2007. 76. Exhibit No. 2 was signed by Plaintiffs on September 16, 2007. 77. Exhibit No. 1 has a handwritten VIN that was changed to reflect the reassigned VIN. 78. Exhibit No. 2 has a typewritten VIN which reflects the original VIN assigned to the motor home by Spartan Chassis, Inc. 79. Exhibit No. 3 is a sales agreement with a typewritten VIN indicating the reassigned VIN number of the motor home. 80. The change in VIN numbers between Exhibit No. 2 and No. 3 was explained to Plaintiffs by Defendant Longview RV Superstores and Defendant Frank Roberts as simply a typographical error that needed corrected. 81. Exhibit No. 3 was never signed by Plaintiffs. 82. Both Exhibit No. 1 and No. 3 read in part: "If the new motor vehicle has not been delivered in accordance with this contract within 30 days following the estimated delivery date, the consumer has the right to cancel the contract and to receive a full refund, unless the delay in delivery is attributable to the consumer." 83. The vehicle to be delivered was a model year 2008 motor home which was not, and can not, be delivered by Defendant Longview RV Superstores. 84. Plaintiffs have incurred additional economic injuries as a result of Defendant Longview RV Superstore's failure to deliver a 2008 year motor home. 85. Plaintiff's economic injuries include but are not limited to: a) loss of $60,000.00 deposit b) loss of trade-in credit of $237,000 less payoff balance owing on trade-in of $126,376.64, for a net economic loss on the trade-in of $110,623.36 c) the sales tax amount paid by Plaintiffs of $18,885.00 d) the document fee of $84.00 e) monthly installments paid pursuant to the installment contract of $2,982.79 for nine months for a current total of $26,845.11 f) ongoing installments on a monthly base of $2,982,79, and g) loss of use of all the above economic resources from September of 2007; h) the difference in depreciation value from an alleged 2008 model motor home to an actual 2007 motor home, said difference in value exceeding $50,000 86. Plaintiffs, have incurred direct economic injuries in excess of $206,437.47 plus additional damages as incurred together with costs and attorney's fees in this matter. WHEREFORE, Plaintiffs demand judgment for Plaintiffs and against Defendant Longview RV Superstores and Defendant Frank Roberts in excess of $206,437.47 plus additional damages as incurred together with the Court costs of this litigation and attorney's fees in this matter. SHEFFUID LAW FIRM, L LC 77 Chris Sheffiel , Esq. Attorney for Defendants ID No. 82548 230 LWE, Suite B P.O. Box 430 Chambersburg, PA 17201 (717) 262-0025 phone (717) 262-0079 fax VERIFICATION The undersigned hereby verifies that he/she is the named Plaintiff in the foregoing action, that the facts set forth in Plaintiff's Complaint are true and correct to the best of his/her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date c45 - Date Plaintiff Plaintiff ? v THIS AGREEMENT IS NOT BINDING UNLESS SIGNED BY THE SELLER AND THE BUYER s~ BUYERnvt?~ t_ c?? ?? J L? :;C1 fog kti SALESPERSON STREET -OCJ PHONE NO. 71 CITY STATE ZIP BUS. PHONE NO. 21 ? ??b 0- CJ _ THETRANSACTION ORDER AND AGREE TO PURCHASE FROM YOU, ON THE TERMS CONTAINED ON BOTH SIDES OFTHIS AGREEMENT, THE FOLLOWING VEHICLE: (READ OTHER SIDE THE VEHICLE YEAR ; ^, 1$NEW GUSED ? DEMONSTRATOR'n??},E??E { MOr4, L,` ??> ?? E WHOLE_SALEVEHICLE =JUNK VEHICLE ! ,4l tY-????f':. ?,N- riY COLOR. TRIM V Nry ` v Z. . t..'l l C . ES MATED LACE DELIVERY DATE: DELIVERY:j:Z'v ICJ-=J; }? ti STOCK NO. (IF RESERVED) ?Id IF THE NEW MOTOR VEHICLE HAS NOT BEEN DELIVERED IN ACCORDANCE WITH THIS CONTRACT WITHIN 30 DAYS FOLLOWING THE ESTIMATED DELIVERY DATE, THE CONSUMER HAS THE RIGHT TO CANCEL THE CONTRACT AND TO RECEIVE A FULL REFUND, UNLESS THE DELAY IN DELIVERY IS ATTRIBUTABLE' TO THE CONSUMER. THE PRISE" Vehicle Price (+) $°? > ???y j e Transportation (If not included in vehicle price) (+) Factory Installed Equipment (+} Dealer Installed Equipment and Services (+) TOTAL $ `,'5 0 O(D THE "TRAD1i-IN DESCRIPTION OF TRADE YEAR vt?.?s ' ` MILEAGE MAKE j IMO EL COLOR _JG `7 . u ?. ?•: t? LESS TRADE-IN CREDIT ( ) (BUYER SEE 1 AND 6(b) ON BACK) jt1! 00 PLATE NO. EXP. DATE <L^?. i { --? w $ TRADEy IS CLEAR OF ALL LIEN EXCEPT. AMOUNT OWED $?c,i?u'-?C.? CASH PRICE ?/ l ass :CIAL N07. C . CO CONSUMER UNDER TNT LAVA! Of HE STATE OF NEVti YORK CONTROLLING ]-HE SALE TAKES AND OTHER FE) =S C>F USED MOTOI ? VEl+I: ILFS YOU SHOULD BE ENTITLED TO A REFUND IN CONNECTION ? ITH - ` iS T Sales, Tax - 1 RANSACTION, THE VALUE OF ANY VEHICLE YOU IVIAY HAVETRADED IN IIr I ;E SELLER CHOOSES NOT TO RETURN ITTO`r'OUi SW:LL NOT BETHE VALUE LIST ED IN THIS DuCUMENT- INSTF_AD• THE VALUE V1lILL BE DETERMINED BASED ON THE NAl IONAL AUTO DEALERS ASSOCIATION USED CAR GUIDE WHOLESALE VALUE OR OTHER GUIDE APPROVED BY THE COMMISSIONER OF MOTOR VEHICLE-S,1ND ADJUSTED FOR MILEAGE, IMPROVEMENT;; AND ANY 'JAJOR FhYSICAL OR Dealer's optional fee for processing (+} application for registration and/or certificate of title, and for securing special or distinctive plates (if applicable). THIS IS NOT A DMV - MECHANICAL DEFECTS. - Registration/Title Fee (Estimate) (+) I IFYOUAGREETOASSIST MEINOBTAINING FINANCING FORANY Inspection Fee PART OF THE PURCHASE PRICE. THIS ORDER SHALL NOT BE NY Waste Tire Management Fee (+) BINDING UPON YOU OR ME UNTIL ALL OF THE CREDIT TERMS ARE PRESENTED TO ME IN ACCORDANCE WITH REGULATION "Z"(TRUTH-iN-LENDING) AND ARE ACCEPTED BY ME. IF I DO NOT Other Itemized (+) -- - _ - ACCEPT THE CREDIT TERMS WHEN PRESENTED, I MAY CANCEL Total Cash Price Delivered THIS ORDER AND MY DEPOSIT WILL BE REFUNDED. -- Less Cash Deposit Submitted with Order (-) W(3a) c?)C- InnDf-,QTAKIT INICI IrPrn I9QPn r AP laIIVP0 Plus Balance Owing On Trade-in (+) i???,? -its, U-A ??6+hbrr KID. 1 Dealer Installed Equipment and Services (+) lG?,? VtiiU 6'C (: C*S'A (ice ?Y9+.-' j?s 1 TOTAL $ fJ0 THE TRADEAN DESCRIPTION OF TRADE YEAR MILEAGE MAKE M110DEL COLOR LESS TRADE-IN CREDIT (-) `. (BUYER SEE 1 AND 6(b) ON BACK) ,?,?j PLATE NO. EXP DATE TRADE.IN IS CLEAR OF ALL LIEHb Ei<CEPT- AMOUNT _ F l1 OWED $ 'y? )( (t CASH PRICE l -?.-.. SP-CIAL NOTICE rn CONSUMER TAXES AND OTHER FE ES IF UNDE THE AVOF THE ST F TE ' , R O A NEW YORK CON I ROLLING T HE SALE OF USED MOTOla VEHICLES- YOU SHOULD BE ENTITLED TO A REFUND IN Sales Tax °o (+) ' ` ?;J CONNECTION WITH THIS FRANSACIION!, THE VALUE OF ANY VEHICLI- YOU MAY HAVETRADEIi-INI (IF THE SELLER CHOOSES NOT TO RETURN ITTOYOU) Dealer's optional fee for processing (+) SHALL NOT BE '11R V LE Lis =D IN THIS DOCUA4ENT. irJ?T A;;, 7-:1E VALUE application for registration and/or certificate WILL BE D, TERfd,INED BASED ON THE NATIONAL AUTO DEALERS of title, and for securing special or distinctive ASSOCIATION USED CAR GUIDE WHOLESALE VALUE OR OTHER GUIDE plates (if applicable)- THIS IS NOT A DMV APPROVED BY THE COMMISSIONER OF MOTOR VEHICLES, AND ADJUSTED FEE.' IMPR(iVEMENTS FOR MILEAGE AVD ANY MAJOR PHYSICAL OR , . MECHANICAL. D"FECTS. - Registration/Title Fee (Estimate) (+) IFYOU AGREE TO ASSIST ME IN OBTAINING FINANCING FOR ANY Inspection Fee (+) PART OF THE PURCHASE PRICE, THIS ORDER SHALL NOT BE NY Waste Tire Management Fee (+) BINDING UPON YOU OR ME UNTIL ALL OF THE CREDIT TERMS Other Itemized (+) ARE PRESENTED TO ME IN ACCORDANCE WITH REGULATION - --- - --- "Z"(TRUTH-IN-LENDING) AND ARE ACCEPTED BY ME. IF I DO NOT ACCEPT THE CREDIT TERMS WHEN PRESENTED, I MAY CANCEL Total Cash Price Delivered $ h l p THIS ORDER AND MY DEPOSIT WILL BE REFUNDED- Less Cash Deposit Submitted with Order (-) (<{J <??a IMPORTANT NOTICE TO USED CAR BUYER Plus Balance Owing On Trade in (a) STATE LAW REQUIRES THAT SELLERS OF SECOND Cash Due On Delivery HAND CARS CERTIFY IN WRITING TO THE BUYER THAT USED CAR BUYERS GUIDE; THE INFORMATION YOU SEE ON EACH CAR IS IN SAFE CONDITION AT THE TIME OF SALE. THE WINDOW FORM FOR THIS VEHICLE IS PART OF THE (b) THIS CERTIFICATION IS A GUARANTEE THAT THE CAR CONTRACT. INFORMATION' ON THE iNIND01Af FORM IS IN SAFE CONDITION AT THE TIME OF SALE. OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT (c) YOU HAVE A RIGHT TO REQUEST THE DEALER TO REPAIR ORTO PAY IN FULL FOR REPAIRS OF ANY UNSAFE OF SALE. CONDITION IN THE CAR WHICH DOES NOT COMPLY WITH GUTA PARA, COMPRADORES DE VEHICULOS USADOS. LA 'THIS CERTIFICATION. INFORMACION OUE VE EN EL FORMULARIO DE LAVENTANILLA (d) THIS BUSINESS IS LICENSED BY THE DEPARTMENT PARA ESTE VEHICULO FORMA PARTS DEL PRESENTE OF CONSUMER AFFAIRS, 42 BROADWAY, NEWYORK, NEW CONTRATO. LA INFORMACION DEL FORMULARIO PE LA YORK 10004. COMPLAINT PHONE: (212) 487-4444 or call 3- VENTANILLA DEJA SIN EFECTO TODA DISPOSICION EN 1-1 • CONTRARIO CONTENIDA EN EL CONTRATO DE YENTA. N YC. DEPT. OF CONSUMER AFFAIR L!C. # - *Thc optionaldeajer registration or title application processing fee ($45.00 maximum) and special plate rocessin fee 05 00 m ximum/ r t Ne Y k St t f M t V hi D t t f l p g . a a e no w or a e or or epar men o o e cles ees. Un ess a lien is being recorded or the dealer issued number plates, you may submit your own application for CANCELLATION STATEMENT registration and/or certificate of title or for a special or distinctive plate to any motor vehicle issuing IF THIS CONTRACT IS CANCELLED BY ME WITHOUT YOUR office. The annual fees to be assessed by the Department for cost of the plate are S CONSENT, I UNDERSTAND I SHALL BE LIABLE TO YOU FOR PRIOR USE CERTIFICATION (required by Vehicle and Traffic Law 417-A if the principal prior use of the vehic!e were as a police vehicle, taxicab, driver LIQUIDATED DAMAGES IN THE AMOUNT OF $500.00, IN education vehicle. rental vehicle or if the vehicle was repurchased under New York ACCORDANCE WITH PARAGRAPH THREE (3) (reverse side) OR "lemon laws" or returned for nonconformity of its warranty). The principal prior use ANY ADDITIONAL DAMAGES THAT YOU MAY INCUR of the vehicle was as: a police vehicle a taxicab _ a driver education vehicle _ or a rental vehicle . The THEREFROM. vehicle was repurchased under New York "lemon laws" returned for nonconformity of its warranty I have read the ic.-rns C ,E' k of thl5 agreemer l do ?A rec ei,jPI t ^yn p;eted Cupy of ihIS agreement. 'r THE AMOUNT INDICATED ON THIS SALES CON- TRACT OR LEASE AGREEMENTFORREGISTRATION AND TITLE FEES IS AN ESTIMATE IN SOME / BUYER'S5IGNATURE 'r y r E' /??WJC/ J y._ DATE- j - f- - . INSTANCES, IT MAY EXCEED THE ACTUAL FEES DUE THE COMMISSIONER OF MOTOR VEHICLES THE ? ' y I ' . DEALER WILL AUTOMATICALLY, AND WITHIN: SIXTY DAYS OF SECURING SUCH REGISTRATION AND CO-BUYER S SIGNATIf?i? DATE C f A TITLE, REFUND ANY AMOUNT OVERPAID FOR. SUCH FEES \ ?` 4 _ ? .; 7 < . f f DATE. SELLER APPROVED BY CUSTOMER'S INITIALS:. DATE: l CE:RT,. -,ED '_-,HECX OR CASH ACCEPTABLE. ON 1)E:LlVERa SL'c ( THE4 SIDE FOR ADDITIOI ALIERMS ' LAW FORM NO. HYC-1980 (REV2J04) THEPRinTEPr.+AxesraomARRA,Nn EXPRESS OR IMPLIED,AST000rJEUTOP -)2004 ReynU3ds and Reynolds TO ORDER: www.reysource.com, 1$ 0 344 _996', fay 1-?i QO-531-911,55. FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL. ADDITIONAL TERMS OF AGREEMENT <? cz ri refer io the Prayer and Cc,-Buyer.' You" and "your" refer to the Seller, "3 rorrie: is su iect to the fallowing terms; A C edit May Cl ante, if ao not deliver the trade-ill vehicle to you tx.hen ihas Agreement is s;cned, !agree, that at Vie . m e adsa_;n a atinrr?l ? you should the value of my trade-in be materially diminished as a result of physical damage, alteration o deer oration In * con tin otl-(,:r than normal wear and fear, YOU PAVE I I- RIGHT TO REAPPRAISE THE VEHICLE. AS A RESULT OF ?}.APr rs?( UNDER! ANF TfiAT' THE TRADE-IN ALLOWANCE ON MY VEHICi_E MAY BE REDUCED A?:D T' AT Ti tS WILL IN T.?RN SE- THE NET PRICE WHICH i ILL HAVE TO PAY FOR THE VEHICLE IF I DECIDE TO PURCHASE THE VEHICLE. If t t as o r c.pdit is ..,u. d I mr i) it satisfied. 1 undersland that I can cancel this agreement IF the purchased vehil;le has not been registered in y name c delivered not accepted delivery of the trade-in vehicle. 3u:ca Obligations. At the time 1 deliver the trade-in vehicle to you, I promise to sign a Bill of Sale and a -nileage certification 5 z rsfactory procf that I own the vehicle. 1 warrant (guarantee) ('a) that there are if) liens on the trade-in vehicle and that 1 , cr,ve no vehicle or repairs to the vehicle, exCept as may be shown on the face of this agree<rnent; (b) that the trade-in vehicle does riot have f ?, r, and that the mo o, block is not cracked, welded or repaired; and (c) that the vehicle has not beer flood damaged o, declared a , ranee pu?'poses and (d) that emission control devices have not been altered and/or removed, and nothing has been removed fro.11 the 7 nits, that was originally seen. The engine .and/or Iransmissivn has not been tampered v,-#i to pass your inspection. d. Awu i to Purchase- if ! fail to, take delivery of the vehicle purchased within five (5) days after I have been notified that ?I is ready. 1 osit I have 3i er to you os X500.00 whichover is greater, may be retained to of .'let your damage,,_ ' also ran r„?.?t that i may ' o anv other damage, :rcluding lost profits, which you may incur as a result of my failure to perform my obligations <<refer .,. lowls of tr ,-ir3 to you wl,hen this Agreement is signed, and later this Agreement is canceileo, the trade-in vehicle shall be returned to me after a e a r bye charge for storege, interest anc repairs (if any} or, if the trade-in vehicle has been previously sold by you, the amounit received. - ?L!. -ia ? o ,nriission of 15-f and any expense incurred in storing- interest, insuring, conditioning or advertising the trade-in vehicle for sale shall `.;,s in Delivery. 1 ,,nderstand that you shall not be liable for 'delays caused by the manufacturer, accidents, surelies, 'ir_.a sr c.r,, mouses Provided you promptly place my order with the manufacturer and the manufacturer refuses to accept the order or o=liv,^r t- sng. order, upon your prompt notification and refund of my deposit, I will not hold you liable and this agreement shall be (:._. Tier of Warranties. UNLESS T HE SELLER MAKES A WRITTEN WARRANTY ON ITS OWN BEHALF OR ENTERS INTO A SEH'i E O NTRACT , gOfl THE DATE OF THIS ORDER, THE SELLER MAKES NO WARRANTIES. EXPRESS OR IMPLIED, ON THE VEHICLE, AND I PIERE WILL IcD V- tRRAN1 IES OF MERCHAi"ITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPTIONS: i) THIS PROVISION DOES NOT AFFECT 'df : S COVERING THE VEHICLE THAT THE MANUFACTURER OR SUPPLIER MAY PROVIDE AND 2i THF3 PROVISION DOES NO P M!- ANY xII 3 OTHEF -'AlARRANTIES IMPOSED AS A MATTER OF LAW, (e.g. NEW YORK LEMON LAWS) AND WHICH ARE DESCRIBED TO ME IN THIS A - :E,, 7 OR A SERARATE'WRITING GIVEN IN CONNECTION WITH MY PURCHASE OF THE VEHICLE. IN ADDITION, I UNDERSTAND THAT EXCE 1-'T AS !RF[,y BY i AV1. THAT YOU ARE NO': LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE STILE f}F TH!? LE LE. E. Price Changes. (a) THE TOTAL CASH PRICE DELIVERED LESS THE TRADE-IN ALLOWANCE SHOWN ON THE FRONT OF THIS AGREEMENT IS THE FINAL CON SAC.T PRICE TO WHICH YOU AND I HAVE AGREED, AND, IF THE VEHICLE IS A NEW MOTOR VEHICLE, NO ADDITIONAL FEE OR CHARGE WILL BE IMPOSED OR COLLECTED DUE TO CHANGES IN THE MANUFACTURER'S LIST PRICE, OR CHANGES IN THE COST OF FREIGHT OR SERVICES PROVIDED BY YOU. (b) A REDUCTION IN THE VALUE OF THE -TRADE-IN MAY RESULT IN AN INCREASE IN THE CASH PRICE DELIVERED I WILL HAVE TO PAY AS PROVIDED IN PARAGRAPH 1 OF THIS AGREEMENT. (c) is ?HE BALANCE ! OWE ON MY?TRADE-IN AT THE TIME OF DELIVERY OF THE TRADE-IN TO YOU IS DIFFERENT THAN THE AMOUNT ! HAVE TOLD 'YOU AND WHICH AMOUNT 1S SHOWN ON THE FRONT OF THIS AGREEMENT, THEN THE CASH PRICE DELIVERED OF THE VEHICLE I AM PURCHASING SHALL CHANGE ACCORDINGLY. (d) IF THE REGISTRATION FEE VARIES FROM THE AMOUNT YOU HAVE ESTIMATED ON THE FRONT OF THIS AGREEMENT, THEN THE CASH PRICE DELIVERED SHALL CHANGE ACCORDINGLY. (e) I AGREE THAT I WILL PAY THE FINAL CASH PRICE DELIVERED AS SHOWN ON THE FRONT OF THIS AGREEMENT. IF THERE HAVE BEEN ANY CHANGES IN THE TOTAL CASH PRICE DELIVERED FOR REASONS STATED IN THIS PARAGRAPH 6 THEN I WILL PAY THE CASH PRICE DELIVERED AS CHANGED BY ANY SUCH ADJUSTMENT. MY PAYMENT WILL BE EITHER IN CASH, BANK, OR CERTIFIED CHECK AT THE TIME OF DELIVERY OF THE VEHICLE I HAVE PURCHASED. 7. Change of Design. I understand that the manufacturer has the right to change the design of the vehicle, its chassis, accessories or any parts at any time without notice to YOU or ME. In the event of such a change by the manufacturer, YOU shall have no duty to ME except to deliver the vehicle as made by the manufacturer. 8. No Other Agreements. There are no understandings or agreements between you and me other than those set forth in this Agreement and attachments to this Agreement if there are any such attachments. IF THIS AGREEMENT IS FOR A USED VEHICLE, THE INFORMATION YOU SEE ON THE (FEDERAL TRADE COMMISSION) WINDOW FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. 9. New York Law Applies. You and I agree that this Agreement is governed by New York State taw. 10. Branded Vehicle. A BRANDED VEHICLE IS ONE THAT STATES ON THE CERTIFICATE OF TITLE ONE OF THE FOLLOWING BRANDS (RECONSTRUCTED. NON-USA-STD„ EXCEEDS MECHANICAL LIMITS, NOT ACTUAL MILEAGE OR WARRANTY NOWCONFORMITY.) SUCH BRANNDED TITLES AFFECT THE TRADE-IN PRICE OR THE ACCEPTANCE OF THE VEHICLE AS A TRADE-IN. I HEREBY STATE THAT THE ,H PRICE DELIVERED LESS THE TRADE-lN ALLOWANCE SHOWN ON THE FRONT OF THIS AGREEMENT IS THE FINAL T WHICH -YOU AND I HAVE AGREED, AND, IF THE VEHICLE IS A NEW MOTOR VEHICLE, NO ADDITIONAL, FEE OR CHARGE W1,1. E C OR COLLECTED DUE TO CHANGES IN THE MANUFACTURER'S LIST PRICE, OR CHANGES IN THE COST OF FREIGHT OR SFgVIGES P. ,,. 0ED BYYOU. tb( I `_11X d ,(`-' THE VALUE OF FHE TRADE-IN MAY RESULT iN AN INCREASE IN THE CASH PRICE DELIVERED i WILL HAVE TO PAY AS P4ZC (!? it RA_3RAPH I OF THIS AGREEMENT. IE- % , ANC,': !OWE ON MY TRADE-IN AT THE TIME OF DELIVERY OF THE TRADE-IN TO YOU IS DIFFERENT THAN THE AMOUNT i HAVE lC=._I) Oi.; AX,?D ,,NlflCH AMOUNT IS SHOWN ON THE FRONT OF THIS AGREEMENT, THEN THE CASH PRICE DELIVERED OF THE VEHICLE I AM ia? it F: n.ylf.it "P3ALL CHANGE ACCORDINGLY. - 16 i ( f r ( 4ST'tATION FEE VARiES FROM THE AMOUNT YOU HAVE ESTIMATED ON THE FRONT OF THIS AGREEMENT THEN THE CASH PHK ! ! ' r SHALL CHANGE ACCORDINGLY lei 4t r: k: _I {T ' WILL PAY THE FINAL. CASH PRICE DELIVERED. AS SHOWN ON THE FRONT OF THIS AGREEMENT. IF THERE HAVE BEEN ANY C aA!, C,,FS iN f"HE TOTAL CASH PRICE DELIVERED FOR REASONS STATED IN THIS PARAGRAPH G THEN I WILL PAY THE CASH PRICE PEL VER,D 3 CHANGED BY ANY SUCH ADJUSTMENT. MY PAYMENT WILL BE EITHER IN CASH. BANK, OR CERTIFIED CHECK AT THE TIME Or .r' ( ."-R THE VEHICLE I HAVE PURCHASED. Change of Design. I understand that the manufacturer has the right to change the design of the vehicle, its chassis. accessories or any parts at ,(y 7 ,Jtihoj, nonce to YOU or ME. In the event of such a change by the manufacturer, YOU shall have no duty to ME except to deliver the vehicle xs r: actr--- h; ine anufacturer. 8. No Other Agreements. There are no understandings or agreements between you and me other than those set forth in this Agreement and aaPa hrrc,- s 10 Ihs Agreement if there ale any such attachments. IF THIS AGREEMENT 1S FOR A USED VEHICLE:, THE INFORMATION YOU SEE ON THE- (E C: LER-V. I BADE COMMISSION) WINDOW FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CIDI, PA%`t PR ' lSiONS IN THE CONTRACT OF SALE. 9. New York I_avv Applies. 'r'ou and i agree that this. Agreement is governed by New York State Law. 10. Branded Vehicle. A BRANDED VEHICLE: IS ONE THAT STATES ON THE CERTIFICATE OF TITLE: ONE OF THE FOLLOWING BRANDS (REt,O NS RUC' ED. NON-USA-STD„ EXCEEDS MECHANICAL LIMITS, NOT ACTUAL MILEAGE OR WARRANTY NON-CONFORMITY) SUCH BRAiV3_}E'D r111. S AFFECT THE TRADE-IN PRICE OR THE ACCEPTANCE OF THE VEHICLE AS A TRADE.-IN. I HEREBY STATE THAT THE IP; C' ?I 4 i,^ N ,_" -i HE FACE OF THIS AGREEMENT REGARDING TRADE-IN VEHICLE IS ACCURATE. NYC-1980 BACK (02/04) Seller ± fit E 3 f:' I I [N Buyter ift fV (I 'f' sf_ ,s _ r; RETAIL INSTALLMENT CONTRACT t t ;. a. o- AND SECURITY AGREEMENT < < AND ?F}UTli 4 I. t F r, is r 1'('. `` lt.'t'F:tv}R 1 l No, Dates st' "We" and "us" mean the Seller above, its "You" and "your" mean each Buyer above, and successors and assigns. guarantor, jointly and individually. ?r,L-rc. rvu ayree ro purcnase from us, on a time oasis, suolect to the terms and conditions of this contract and security agreement (Contract), the Motor Vehicle (Vehicle) and services described below. The Vehicle is sold in its present condition, together with the usual accessories and attachments. r1C;g Description of Year VIN :.r:tti f"rfw 81 Motor Vehicle Make Lic. No./Year Purchased Model i' ?+N'ew ? Used Description of tit.) Trade-In SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Vehicle, all accessions, attachments, accessories, and equipment placed in or on the Vehicle, together called Property, and proceeds of the Property. You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ _ plus credit service charges accruing on the unpaid balance at the rate of per year from today's date until maturity. Credit service charges accrue on a , .-.- day basis. After maturity, or after you default and we demand payment, we will earn finance charges on the unpaid balance at per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms and conditions of this Contract. ? If checked, you agree to our charging you/deducting the acquisition cost of $15.00 before you prepay this Contract in full without penalty. The acquisition fee of $15.00 may be considered a prepayment penalty for purposes of Federal Truth In Lending Law disclosures even though New York law does not label it as a penalty. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE' CHARGE The amount of credit The amount you will have The total cost of your purchase on The cost of your credit as The dollar amount the provided to you or on paid when you have made credit, including your down payment of a yearly-rate... credit will cost you. your behalf. all scheduled payments. # ' €tt> ' ' s. (1 _.. C l ? ??4!It 3lfr? ;? , % i s ! 1 }. 69, Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due frilsl_s- t3F._N,'stirr?Rt t?? t= ??, Security: You are giving a security interest in the Motor Vehicle purchased. Late Charge: If all or any portion of a payment is not paid within 10 days of its due date, you will be charged a late charge of 5% of the unpaid amount of the payment due. Prepayment: If you pay off this Contract early, you ? may ? will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. CREDIT INSURANCE: Credit life, credit disability (accident and h l h d ITEMIZATION OF AMOUNT FINANCED ea t any other insurance coverage quoted below, are not ), an Vehicle Price (incl. sales tax of $ -) $ required to obtain credit and we will not provide them unless you sign S and agree to pay the additional premium. If you want such insurance, ervice Contract, Paid to: $ we will obtain it for you (if you qualify for coverage). We are quoting $ below ONLY the coverages you have chosen to purchase. Amount to Finance line e. (if e. is negative) $ Credit Life: Insured Cash Sale Price $ ? Single ? Joint Prem. $ Term Manufacturer's Rebate $ N Credit Disability: Insured Cash Down Payment $ t s"atff ° ' )tt ? Single ? Joint Prem. $ Term Deferred Down Payment $ a. Total Cash/Rebate Dow Your signature below means you want (only) the insurance coverage(s) b. Trade-In Allowance $°' quoted above. If none are quoted, you have declined any coverages we offered. - tr t)4 c. Less: AmoCwin l lt.; .' t Paid to: Buyer d/o/b Buyer d/o/b t)t d. Net Trade-In (b. minus c.) $ - ?'. PROPERTY INSURANCE: You must insure the Property securing e. Net Cash/Trade-In (a. Plus d.) $ } ' this Contract. You may purchase or provide the insurance through Down Payment (e.; disclose as $0 if negative) any insurance company reasonably acceptable to us. The collision IN , -A Unpaid Balance of Cash Sale Price $ ,oc"' 1 f t, ,5 coverage deductible may not exceed $_ . If you Paid to Public Officials - Filing Fees $ / ''- get insurance from or through us you will pay $ Insurance Premiums' $ N .r of coverage. GAP Waiver Paid to Seller $ E__x??tT 1-40. 2 Security: You are giving a security interest in the Motor Vehicle, purchased'. Late Charge: If all or any portion of a payment is not paid within 10 days of its due date, you will be charged a late charge of 5°. of the unpaid amount of the payment due. Prepayment: If you pay off this Contract early, you ? may ? will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. CREDIT INSURANCE: Credit life, credit disability (accident and h lth d h ITEMIZATION OF AM UNT FINANCED ea ), an any ot er insurance covera9e quoted below, are not required to obtain credit and we will not provide them unless you sign Vehicle Price (incl. sales tax of $ and agree to pay the additional premium. If you want such insurance, Service Contract, Paid to: $ we will obtain it for you (if you qualify for coverage). We are quoting' $ below ONLY the coverages you have chosen to purchase. r ,1 Amount to Finance line e. (if e. is negative) $ v Credit Life: Insured Cash Sale, Price $ t,?rt • (tti E Single ? Joint Prem. $ Term Manufacturer's Rebate $ Credit Disability: Insured Cash Down; Payment $ { :??}t/ ° 00 CJ Single ? Joint Prem. $ Term Deferred Down Payment $ a. Total Cash/Rebate, Down $ Your signature below means you want (only) the insurance coverage(s) L b. Trade-In Allowance `. quoted above. If none are quoted, you have declined any coverages we offered. 3 t,>a c: Less: A ;n t?lwingI) , ' t I Paid to: Buyer d/o/b Buyer d/o/b d. Net Trade-In (b. minus c.) $ PROPERTY INSURANCE: You must insure the Property securing e. Net-CashTrade-In (a. plus d.) $ this Contract. You may purchase or provide the insurance through Down Payment (e.; disclose as $0 if negative) $ 3 - ` any insurance company reasonably acceptable to us. The collision r Unpaid Balance of Cash Sale Price $ t'' `r' i t • f,., coverage deductible may not exceed $ a. If you Paid to Public Officials - Filing Fees $ N r `• gel: insurance from or through us you will pay $ a F Insurance Premiums* $ N, `. for of, coverage. GAP Waiver Paid to Seller $ This prerl iium is calculated as follows: r To: t- $ ? $ _ Deductible, Collision Coverage $ ?• - To: $ F 1 $ Deductible, Comprehensive Cov. $ To: $ ? Fire-Theft and Combined Additional Coverage $ To: $ $ Total Other Charges/Amounts Pd. to Others $ Liability insurance coverage for bodily injury and motor Less: Prepaid Finance Charges $ vehicle damage caused to others is not included in this Amount Financed $ Contract unless checked and indicated. *We may retain or receive a portion of this amount. ? GAP AMOUNT: In the event of a total loss of the Property due to its NOTICE TO BUYER theft, confiscation, or physical damage, you agree that you will pay the difference between the amount of insurance proceeds andthe amount you (1') DO not sign this agreement before you read it or if still owe us (GAP Amount). We are required by state law to offer you a it contains any blank spaces. (2) You are entitled to a waiver of our right to hold you responsible for the GAP Amount in the event completely filled-in copy of this agreement. (3) Under of a total loss of the Property caused by theft or physical damage. We are allowed to charge a fee for this GAP Waiver You may also be able to on the law, you have the right to pay off in advance the . , your own and at your expense, purchase insurance covering the GAP Amount. See the GAP Liability Notice provided to you separately. full amount due and under certain conditions to obtain a partial refund of the credit service charge. FEDERAL GAP DISCLOSURE: A GAP Waiver is not required to (4) According to law you have the privilege of purchasing the insurance on the motor vehicle obtain credit and we will not provide it unless you sign and agree to pay provided for in this contract from an agent or broker thdi'additional cost. If you purchase a GAP Waiver from us you will pay of your own selection. $ _ for the term of this Contract: The Annual Percentage Rate may be negotiable I want the optional GAP Waiver at the stated cost. with the Seller. The Seller may assign this Contract and retain its right to receive a part of Buyer Buyer the Finance Charge. SERVICE CONTRACT: With your purchase of the Vehicle, you agree BY SIGNING BELOW BUYER AGREES TO THE TERMS ON PAGES 1 AND 2 OF THIS CONTRACT to purchase a Service Contract to cover _ AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT _ This Service Contract will be in effect for _ . Buyer: ' ASGN11ffENT: This Contract and Security Agreement is assigned to . Signature Date the Assignee, phone } This assignment is made ? d h un er t e terms of a separate agreement. ? under the terms of i t \ the ASSIGNMENT BY SELLER on page 2. ? This assignment is made Signature Date with recourse. t- Seller: By Date . Seller: By NEW YORK RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT (page 1 of 2) F tre e © 1982. 1995 Bankers Systems. Inc., St. Cloud, MN Form RSSIMVLF-NY 12/15/2005 rvi.OTOR VEHICLE - NOT FOR MANUFACTURED HOMES GENERAL TERMS: You have been given the opportunity to purchase the Vehicle and described services for the Cash Sale Price or the Total Sale Price. The Total Sale Price is the total price of the Vehicle and any services if you buy them over time. You agreed to purchase the items over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you will pay may be more or less depending on your payment record. We do not intend to charge or collect, and you do not agree to pay, any credit service charge or fee; that is more than the maximum amount permitted for this sale by state or federal law. If you pay a credit service charge or fee that is contrary to this provision, we will, instead, apply it first to reduce the principal balance, and when the principal has been paid in full, refund it to you. You understand and agree that some payments to third parties as a part of this contract may involve money retained by us or paid back to us as commissions or other remuneration. If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. DOWN PAYMENT: You agree to pay, or apply to the Cash Sale price, on or before today's date, any Cash Down Payment, Manufacturer's Rebate and Net Trade-In value described in the Itemization of Amount Financed on page 1. You agree to pay any Deferred Down Payment described in the Itemization of Amount Financed according to the Payment Schedule shown on page 1 PREPAYMENT: You may prepay this Contract in full or in part at any time. If you prepay in full or if you default and we demand payment of the unpaid balance, you may be entitled to a refund credit of the unearned portion of the credit service charge. Any partial prepayment will not excuse any later scheduled payments until you pay in full. A refund of any prepaid, unearned insurance premiums may be obtained from us or from the insurance company named in your policy or certificate of insurance. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest in the Property, you represent and agree to the following: A. Our security interest will not extend to consumer goods unless you acquire rights to them within 10 days after we enter into this Contract, or they are installed' in or affixed to the Vehicle. B. You will defend our interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property ahead of the claim of anyone else. C. The security interest you are giving us in the Property comes ahead of the claim of any other of your general or secured creditors. You agree to sign any additional documents or provide us with any additional information we may require to keep our claim to the Property ahead of the claim of anyone else. You will not do anything to change our interest in the Property. D. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Property will be located at your address listed on page 1 of this Contract. E. You will not attempt to sell the Property (unless it is properly identified inventory) or otherwise transfer any rights in the Property to anyone else, without our prior written consent. F. You will pay all taxes and assessments on the Property as they become due. G. You will notify us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. Our entry and inspection must be accomplished lawfully, and without breaching the peace. DEFAULT: You will be in default on this Contract if any one of the following occurs (except as prohibited by law): A. You fail to perform any obligation that you have undertaken in this Contract. B. We, in good faith, believe that you cannot, or will not, pay or perform the obligations you have agreed to in this Contract. If you default, you agree to pay our costs for collecting amounts owing. If we refer this Contract to an attorney that is not a salaried employee of ours, this amount includes reasonable attorneys' fees awarded by a court up to 1506 of the unpaid balance, plus the court costs. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law and this Contract: A. We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, credit service charges and all other agreed charges. If your default is due solely to your failure to make timely installment payments and we have repossessed the Property, our right to accelerate is subject to your right to redeem the Property as provided by law. ADDITIONAL TERMS OF THIS CONTRACT AND SECURITY AGREEMENT peace or unlawfully enter onto your premises. We may then sell the Property and apply what we receive as provided by law to our reasonable expenses and then toward your obligations. E. Except when prohibited by law, we may sue you for additional amounts if the proceeds of a sale do not pay all of the amounts you owe us. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. By deciding not to use any remedy, we do not give up our right to consider the event a default if it happens again. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. RETURNED CHECK CHARGE: If you make any payment required by this Contract with a check, draft or order for payment of money that is dishonored, you agree to pay a fee of $20.00. INSURANCE: You agree to buy property insurance on the Property protecting against loss and physical damage and subject to a maximum deductible amount indicated in the PROPERTY INSURANCE section, or as we will otherwise require. You will name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. You will keep the insurance in full force and effect until this Contract is paid in full. If you fail to obtain or maintain this insurance, or name us as a loss payee, we may obtain insurance to protect our interest in the Property. This insurance may include coverages not required of you. This insurance may be written by a company other than one you would choose. It may be written at a rate higher than a rate you could obtain if you purchased the property insurance required by this Contract. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due within 10 days, or it will be added to the amount financed. This amount will earn finance charges from the date paid at the post-maturity rate described in the PROMISE TO PAY AND PAYMENT TERMS section until paid in full. OBLIGATIONS INDEPENDENT: Each person who signs this Contract agrees to pay this Contract according to its terms. This means the following: A. You must pay this Contract even if someone else has also signed it. B. We may release any co-buyer or guarantor and you will still be obligated to pay this Contract. C. We may release any security and you will still be obligated to pay this Contract. D. If we give up any of our rights, it will not affect your duty to pay this Contract. E. If we extend new credit or renew this Contract, it will not affect your duty to pay this Contract. WARRANTY: Warranty information is provided to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. We are not required to; (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time or manner; or, (3) give notice that we intend to make, or are making, this Contract immediately due. THIRD PARTY AGREEMENT By signing below you agree to give us a security interest in the Property described in the SALE section. You also agree to the terms of this Contract, including the WAIVER section above, except that you will not be liable for the payments it requires. Your interest in the Property may be used to satisfy the Buyer's obligation. You agree that we may renew, extend, change this Contract, or release any party or property without releasing you from this Contract. We may take these steps without notice or demand upon you. You acknowledge receipt of a completed copy of this Contract. Signature Date NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER f1F nnnns f1R SFRVICFS nRTAINFII PIIRSIIANT HFRFTn nR ahead of the claim of any other of your general or secured creditors. You agree to sign any additional documents or provide us with any additional information we may require to keep our claim to the Property ahead of the claim of anyone else. You will not do anything to change our interest in the Property. D. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Property will be located at your address listed on page 1 of this Contract. E. You will not attempt to sell the Property (unless it is properly identified inventory) or otherwise transfer any rights in the Property to anyone else, without our prior written consent. F. You will pay all taxes and assessments on the Property as they become due. G. You will notify us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. Our entry and inspection must be accomplished lawfully, and without breaching the peace. DEFAULT: You will be in default on this Contract if any one of the following occurs (except as prohibited bylaw): A. You fail to perform any obligation that you have undertaken in this Contract. B. We, in good faith, believe that you cannot, or will not, pay or perform the obligations you have agreed to in this Contract. If you default, you agree to pay our costs for collecting amounts owing. If we refer this Contract town attorney that is not a salaried employee of ours, this amount includes reasonable attorneys' fees awarded by a court up to 15% of the unpaid balance, plus the court costs. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law and this Contract: A. We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, credit service charges and all other agreed charges. If your default is due solely to your failure to make timely installment payments and we have repossessed the Property, our right to accelerate is subject to your right to redeem the Property as provided by law. B. We may pay taxes, assessments, or other liens or make repairs to the Property if you have not done so. We are not required to do so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn finance charges from the date paid at the post-maturity rate described in the PROMISE TO PAY AND PAYMENT TERMS section until paid in full. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, but in doing so we may not breach the Contract agrees to pay this Contract according to its terms. This means the following: A. You must pay this Contract even if someone else has also signed it. B. We may release any co-buyer or guarantor and you will still be obligated to pay this Contract. C. We may release any security and you will still be obligated to pay this Contract. D. If we give up any of our rights, it will not affect your duty to pay this Contract. E. If we extend new credit or renew this Contract, it will not affect your duty to pay this Contract. WARRANTY: Warranty information is provided to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. We are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time or manner; or, (3) give notice that we intend to make, or are making, this Contract immediately due. THIRD PARTY AGREEMENT By signing below you agree to give us a security interest in the Property described in the SALE section. You also agree to the terms of this Contract, including the WAIVER section above, except that you will not be liable for the payments it requires. Your interest in the Property may be used to satisfy the Buyer's obligation. You agree that we may renew, extend, change this Contract, or release any party or property without releasing you from this Contract. We may take these steps without notice or demand upon you. You acknowledge receipt of a completed copy of this Contract. Signature Date I 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. IF YOU ARE BUYING A USED VEHICLE THE INFORMATION YOU SEE ON THE WINDOW FORM FdR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. ASSIGNMENT BY SELLER Seller sells and assigns this Retail Installment Contract and Security Agreement, (Contract), to the Assignee, its successors and assigns, including all its rights, title and interest in this Contract, and any guarantee executed in connection with this Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under this Contract. (SEPARATE AGREEMENT: If this Assignment is made "under the terms of a separate agreement" as indicated on page 1, the terms of this assignment are described in a separate writing(s) and not as provided below.) Seller warrants: A. This Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis. B. The statements contained in this Contract are true and correct. C. The down payment was made by the Buyer in the manner stated on page 1 of this Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. This sale was completed in accordance with all applicable federal and state laws and regulations. E. This Contract is valid and enforceable in accordance with its terms. F. The names and signatures on this Contract are not forged, fictitious or assumed, and are true and correct. G. This Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. H. A completely filled-in copy of this Contract was delivered to the Buyer at the time of execution. 1. The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer. J. Seller has or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase this Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seiler under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under this Contract. UNLESS OTHERWISE INDICATED ON PAGE 1, THIS ASSIGNMENT IS WITHOUT RECOURSE. WITH RECOURSE: If this Assignment is made "with recourse" as indicated on page 1, Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under this Contract, Seiler will, upon demand, repurchase this Contract for the amount of the unpaid balance, including finance charges, due at that time. © 1982, 1995 Bankers Systems, Inc., St. Cloud, MN Form RSSIMVLF-NY 12/15/2005 j,- (page 2 of 2) THIS AGREEMENT IS NOT BINDING UNLESS SIGNED BY THE SELLER AND THE BUYER BUYER t ` ¢ ' r G= • COOK E HAR11A D, SALESPERSON BARBARA A. OSIBM ? ,,r" ?tJf ;TMS STREE'[ v T-330-9221 STREET _ PHONE NO. CITY STATE -PA --- ZIP 17257 7 1 7-SFC3-i? 78 BU& PHONE NO. THE TRANSACTION ' I ORDER AND AGREE TO PURCHASE FROM YOU, ON THE TERMS CONTAINED ON BOTH SIDES OF THIS AGREEMENT, THE FOLLOWING VEHICLE - (READ OTHER SIDE) _:. THE VEHIGLt .. , ,.. - MO YEAR , ?]YNEbYV ? USED _ DEMONSTR ATO R AIA , F g CI WHOLESALE VEHICLE -JUNK IEHICLE L AVEL S??PT+?EM9'TtSL4 ??i'??. CT SE4' 6SL TYPE r COLOR TRIM VIN. _ 4VZAUlC90 CO58143 ESTIMATED ?OF - STOCK NO. (IF RESERVED) IDEL VERY DATE: DELIVERY: IF THE NEW MOTOR VEHICLE HAS NOT BEEN DELIVERED IN ACCORDANCE WITH THIS CONTRACT WITHIN 30 DAYS-FOLLOWING THE ESTIMATED DELIVERY DATE. THE CONSUMER HAS THE RIGHT TO CANCEL THE CONTRACT AND TO RECEIVE A FULL REFUND, UNLESS THE DELAY'IN DELIVERY IS ATTRIBUTABLE TO THE CONSUMER. THE PRI>CE_ Vehicle Price _ (+), $ fi 34 00 Transportation (If not included in vehicle price) (+) Factory Installed Equipment (+) I Dealer Installed, Equipment and Services (+) ------------ ------------------ ALLAL -- TOTAL 55183.0119 THETRAE)E'IN ;:- DESCRIPTION OF TRADE YEAR ? ' °'' MILEAGE MAKEldODEL 1 . A .I __ A rz DOLOR' LESS TRADE-IN CREDIT (BUYER SEE 1 AND 13(b) ON BACK) 23 'PLATE NO. EXP DATE - V1. N- L - - TRADE -IW IS CLEAR 6F AL L LIENS EXCEPT: APAC , NT OWED fi :. ..._ 26376,64 1 CASH PRICE _.. ,_.. ._ _.. - _. -. 5. 14 3,1_00 .. `PE # ,:- i IOTICE r°O CONSUl i 1 dOE,R i HF OF THE S,NTE OF NEW YORK C Ora R! ILL!NG Tut SALE TAXES AND OTHER FEE S art; AtU t VEHI CLES-. YOU SHOULD BE ENTITLED TO A HEFURD IN C' f;ON kNITF FdS RANSAC I 1 ` ' Sales Tax. % (+) 118881 . 00 i T O 1, IlE VALUE OF AN r VEHICLE YOU iA -R I Fit-- SEER: OOSESNOTTORETUPN;TTCYOUI k' IF _ N,--' ,. 'F ' TI,:. IN ` IS DOCUME! i. !PiSl EA.D THE VALUE LL F I?ED ON T1iE NAT C I .i_ AUTO rAl_ERS t)?IATIO? U _v ., R GWDE WHOLESALE V,LUE OR OTHER GUIDE PROVED B "I 1=1 -O MISSIONER OF;MOl"OF VEHICLES. AND ADJUSTED !L1_.AGE- M I OVEM.PNIS AND ANY MAJOR PHYSICAL OR Dealer's optional 'fee for processing (t) application for registration and/or certificate of title, and for securing special or distinctive plates (if applicable)..THIS IS NOT ADMV FEE,* }r` _ ANICAI _I PTO Registration/Title Fee (Estimate) (+) IFYOUAGREE TOASSIST MEIN OBTAINING FINANCING FOR ANY ` Inspection Fee ° (+) ?; t A' ` PART OF THE PURCHASE PRICE, THIS ORDER SHALL NOT BE NY, Waste Tire Management Fee (+) N/A BINDING UPON YOU OR ME UNTIL ALL OF THE CREDIT TERMS ARE PRESENTED TO ME IN ACCORDANCE WITH REGULATION Other - Itemized (+) - - -- N/A . "Z" (TRUTH-IN-LENDING) AND ARE ACCEPTED BY ME. IF I DO NOT - ACCEPTTHE CREDITTERMS WHEN PRESENTED, I MAY CANCEL E Total Cash Price Delivered , THIS ORD R AND MY DEPOSIT WILL BE REFUNDED. -- Less Cash Deposit Submit#ed with Order ( ) C+?CI . . - - - d`)innrsn 0 n Trade-in (+l (2 6 3 7 . 64 Dealer Installed Equipment and Services (+) - !N/A TOTAL ;1 $34 . C3G . THE.TRADF-AN - DESCRIPTION OF TRADE YEAR l ) MILEAGE MAKE MODEL COLOR ., y LESS TRADE-IN CREDIT O (BUYER SEE I AND 6(b) ON BACK) _3700 ; COQ t ; - - v j ii I TAG PLATE NO. EXP. DATE V LN - 7 8 7 3 TRADE-IN IS CLEAR OF ALL LIENS EXCEPT 4MOUNT CASH PRICE 314834 00 126371Y.64 , SPECIAL NOTICE TO CUNSl1NiEF TFAXE aNlfl d? HER F,E 11. ES IF, UNDER THE _AW OF THE STATE O iNEV,' YORK CONTROLLING THE SALE - OF USED MOTOR VEFIlCLES, YOU SHOULD BE ENTITLED TO,A REFUND IN, CONNECTION V 'TH HIS TRANSACT ON I H Sales Tax jo ! , E VALUE OF ANY VEHICLE YOU MAY HAVEIR ADED-I N !lF THE SELLER t'HOOSES NO-TO RETURN ITTOYOU Dealer's optional fee for processing SHALL NOT L F i HE VALUE LISTED IN Tr IS DOCUMENT INSTEAD, THE VALUE application forregistration and/or certificate - VALI ' RF DFT RMINFD BASED ON THE NATIONAL AUTO DEALERS of title, and for securing special or distinctive ASSOCIAP.ON USED CAR GUIDE WHOLESALE VALUE OR OTHER GUIDE :plates (if applicable). THIS IS NOT A DMV APPROVED BY THE COMMISSIONER 0- IJIOTOR VEHICLES. AND ADJUSTED FEE.* FC`i== MILEAGE, IMPROVEMENTS AND ANY MAJOR PHYSICAL OR MEN JAMCALDEFECTS. Registration/TitleFee(Estimate). (+) N4A I F YOU AGREE TO ASSIST ME IN OBTAINING FINANCING FOR X NY Inspection:Fee (+) y `?dA" PART OF THE PURCHASE PRICE, THIS ORDER SHALL NOT BE, NY Waste Tire Management Fee (+) N A BINDING UPON YOU OR ME UNTIL ALL OF THE CREDIT TERMS- Other - Itemized W IN A, ARE PRESENTED TO ME IN ACCORDANCE WITH REGULATION - -- ? "Z" (TRUTH-IN-LENDING) AND ARE ACCEPTEDBY ME.1F I DO NOT ACCEPT THE CREDIT TERMS WHEN PRESENTED, I MAY CANCEL T "dotal Cash Price Delivered HIS ORDER AND MY DEPOSIT WILL BE REFUNDED. Less Cash Deposit Submitted: with Order ( ) 60000 . Of) iMPORTAN"B°NOTrC fiq tJ 150`1AR ?IiYER Aiu `i3sTanae?7wieig On Trade-In (+) 1263 { . 64 (a) STATE LAW REQUIRES THAT SELLERS OF SECOND Cash Due On Delivery S 406 a7g . 64 HAND CARS CERTIFY IN WRITING TO THE BUYER THAT USED CAR BUYERS GUIDE: THE INFORMATION YOU SEE ON EACH CAR IS IN SAFE CONDITION AT THE TIME OF SALE. b THE WINDOW FORM FOR THIS VEHICLE IS PART OF THE ( ) THIS CERTIFICATION IS A GUARANTEE THAT THE CAR IS IN SAFE CONDITION AT THE TIME OF SALE CONTRACT. INFORMATION ON ` THE WINDOW FORM . (c) YOU HAVE A RIGHT TO REQUEST THE DEALER TO OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT REPAIR OR TO PAY W FULL FOR REPAIRS OF ANY UNSAFE OF SALE. CONDITION IN THE CAR WHICH DOES NOT COMPLY WITH GUTA PARA. COMPRADORES DE VEHICULOS USADOS. LA THIS CERTIFICATION. INFORMACION QUiVE EN EL FORMULARIO DE LA VENTANILLA (d) THIS BUSINESS IS LICENSED BY THE DEPARTMENT PARA ESTE VEHICULO FORMA PARTE DEL PRESENTE OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NEW CONTRATO. LA, INFORMACION DEL FORMULARIO DE LA YORK 10004, COMPLAINT PHONE: (212) 487-4444 or call 3- VENTANILLA DEJA SIN EFECTO TODA DISPOSICION EN 1-1. CONTRARIO CONTENIDA EN EL CONTRATO DE YENTA N.YC DEPT OF CONSUMER AFF . . AIR LIC. # 'The optionaldealerregistration ortitle application processing fee($4500maximum) andspecial plate- processing fee ($5.00 maximum) are not Now York State or Department of Motor Vehicles fees- Unless CANCELLATION STATEMENT a lien is being recorded or the dealer issued number plates. you may ;submit your own application for registration and/or certificate of title or for a special or distinctive plate to any motor vehicla issuing IF THIS CONTRACT IS CANCELLED BY ME WITHOUT YOUR office. The annual fees topeassessedbytheDepartment forcost oftheplate are$ CONSENT, I UNDERSTAND I SHALL BE LIABLE TO YOU FOR PRIOR USE CERTIFICATION i l ed by Vehicle and Traffic Law 417 if the LIQUIDATED DAMAGES IN THE AMOUNT OF $500.00, IN s cle e Principal prior.: use of the vehicle were as a police vehicle, taxicab, , driver education vehicle, rental vehicle or if the vehicle was repurchased under New York ACCORDANCE WITH PARAGRAPH THREE (3) (reverse side) OR " lemon laws" orreturned for nonconformity of its warranty). The principal prior use ANY ADDITIONAL DAMAGES THAT YOU MAY INCUR of the vehicle was as: a police vehicle - . a taxicab a driver education vehicle or a rental vehicle The THEREFROM. vehicle .was- repurchased' under NewYork "lemon laws" ; returned for nonconformity. of its warranty I I av2 read the terms on the Dacia of t ;,is agreement and have received a completed copy of this agrEernel THE AMOUNT. INDICATED ON THIS SALES, CON- TRACT LEASE AGREEMENT'.FOR REGISTRATION BUYERS SIGNATURE DATE: AND TITLE FEES IS AN ESTIMATE. IN SOME INSTANCES, IT MAY"EXCEED THE ACTUAL FEES DUE THE COMMISSIONER OF. MOTOR VEHICLES. THE Q CO BUYERS SIGNATURE DATE: DEALER; WILL AUTOMATICALLY, AND WITHIN SIXTY DAYS OF SECURING SUCH REGISTRATION AND REFUND ANY AMOUNT OVERPAID FOR SUCH FEES SELLER APPROVED BY: DATE: . CUSTOMER'S INITIALS: - DATE: 1 UNLY k:t,F I MILLI CHECK OR CASH ACCEPTABLE ON DELIVERY SEE OTHER SIDE FOR ADDiTIONA! TERMS pR.t NYC-1 Ir- LAW' FORM NO. 980 'REV 2/04) THE PRINTER MAKES NO WVARRANTY, EXPRESS OR IMPLIED AS TO CONTENT OR //NN ©2004I u.IdF -d H--I& TO ORDER:. 1? ,reys Tce-eom, 1$G0 344-0996, Ma 7 810 531 9J'5. FITNESS FOR PURPOSE OF THIS FORM. CONSULT TOUR OWN LEGAL COUNSEL. ADDITIONAL TERMS OF AGREEMENT i". "me' and "rr=" refer to the Euvor and Co-Buyer-'You" and "your" refer to the Seller I agree this order is subject to the following terms; 1. Trade-in Credit May Change. If i do not deliver the trade-in vehicle to you when this Agreement is signed, I agree, that at the tine the trade-in veh,clc Is delivered tc, lo u. should fl=c, value of my trade-!n be materially diminished as a result of physical damage. alteration or deterioration in mechanical condition other than normal wear and tear, YOU HAVE THE RIGHT TO REAPPRAISE THE VEHICLE. AS A RESrWILT OF SLIC,H RFAPPP ?.•,t_ <,,. . i tINDERSTANL'THAI THE TRADE-IN ALLOWANCE ON MY VEHICLE MAY BE REDUCED AND THAT THIS IN TURN INCREASE THE NET PRICE WHICH I WILL HAVE TO PAY FOP, THE VEHICLE IF I DECIDE TO PURCHASE THE VEHICLE. It n'le hale-in credit is r,r wed and I satisiied. I understand that I can cancel this agreement IF the purchased vehicle has not been registered ir, my :name or doliveied to nn or you hove nct r: pted detivery o! the trade-in vehicle. e Trade rr+ Buyer's Obligations. At the firne i deliver the trade-in vehicle to you, I promise to sign a Bill of Sale and a m,!--age certification ?gairnp, , and give you satisfactory proof that 1 own the vehicle. I ',arrant (guarantee) (a) that there are no liens on the trade-in vehicle and; ,hat I owe no one any money K)r the vehicle or !,,pairs to the vehicle, except as inay oe shown on the face of this agreement; (b) gnat the trade-in vehicle Glees not have a welded or b ;t frame and that the rriotor block is not cracked, weldod or repaired; and (c) that the vehicle has not been flood do ,aged or declared a tor;,! !wss *oi insurance purposes; and (d) that emission control devices ,have riot been altered and/or removed. and nothing has been re.°;roved from the rr a , including all seat halts that was criginally seen. The engine and/or transmission has not been tampered with to pass your Inspection. s. Buyers Refusal to Purchase. if 1 fail io take delivery of the r,ehicle purchased within five (5) days after I have been note°ied that it is ready, i unc(i 'and lh , cash deposit I have given to you or $500.00, whichever is greater, may be retained to offset your damages. I also understand that I may bri t >sponsible foi- any other damages; including lost profits, which you may incur as a result of my failure to perform my obligations under the terms of tlwi Contract. I `7e!ive. a f ;de-in it) wou when this Agreemeni r signed, and later this Agreement is cancelled, the trade-in vehicle shall be reiumed to me after rtTent ct P. reasonabe charge for storage, interest and repairs (if any) o;, if the trade-in vehicle has been previously sold by you, the amcunt received, a a seiling commission of '15% and an,, expense incurred in storing, interest, insuring, conditioning or advertising the trade0n vehicle for sale, shall t r»a.rned to rne. *. Delays in Delivery. I understanc that you shall not be liable for delays caused by the manufacturer, accidents, sureties, fides or other causes b:;y<s R your control. Provided you promptly place my order with the manufacturer and the manufacturer refuses to accept the order or falls %o deliver the vrenid after aewepting the order, upon vour prompt notification and refund cf my deposit, I will not hold you liable and this agreement shall be can celied. 5 Disclaimer of Warranties UNL E S THE SELLER MAKES A WRITTEN WARRANTY ON ITS OWN BEHALF, OR ENTERS INTO A SER,11IGE CON,fRACT ?d1 z r41N c,} GAYS FROf>r THE. ;DATE OF THIS ORDER, THE SELLER MAKt-S NO WARRANTIES. EXPRESS OR IMPLIED, ON THE VEHICLE, ANC) THERE WILL BE l ii ;MIPLIEtD WARRANTIESOF MERC--IIANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPTION& O.THIS PROVISION DOES NOT AF FECT AN'I' WARRANTIES COVERING 1 HE VEHICLE THAT THE MANUFACTURER OR SUPPLIER MAY PROVIDE AND 2) THIS PROVISION DOES NO LIMIT ANY IMPLIED OR OTHEP WARRANTIES IMPOSED AS A MATTER OF LAW, (e.g. NEW YORK LEMON LAWS) AND WHICH ARE DESCRIBED TO ME IN 'TI ;S AGREEMENT OR .A S'r_PARAT E WRITING GIVEN IN CONNECTION WITH MY PURCHASE OF THE VEHICLE. IN ADD!TICiN, I UNDERSTAND THAT EXCf= PT AS REQUIRED BY LAW, THAT YOU ARE NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SALE OF THIS VEHICLE. 6. Price Changes. (a) THE TOTAL CASH PRICE DELIVERED LESS THE TRADE-IN ALLOWANCE SHOWN ON THE FRONT OF THIS AGREEMENT IS THE FINAL CONTRACT PRICE TO WHICH YOU AND I HAVE AGREED, AND, IF THE VEHICLE IS A NEW MOTOR VEHICLE; NO ADDITIONAL. FEE OR CHARGE WILL BE IMPOSED OR COLLECTED DUE TO CHANGES IN THE MANUFACTURER'S LIST PRICE, OR CHANGES IN THE COST OF FREIGHT OR SERVICES PROVIDED BY YOU. (b) A' REDUCTION IN THE VALUE OF THE TRADE-IN MAY RESULT IN AN INCREASE IN THE CASH PRICE DELIVERED I WILL. HAVE TO PAY AS PROVIDED IN PARAGRAPH 1 OF THIS AGREEMENT (c) IF THE BALANCE I OWE ON MY TRADE-IN AT THE TIME OF DELIVERY OF THE TRADE-IN TO YOU IS DIFFERENT THAN THE AMOUNT I HAVE TOLD YOU AND WHICH AMOUNT IS SHOWN ON THE FRONT OF THIS AGREEMENT, THEN THE CASH> PRICE (DELIVERED OF THE VEHICLE i AM PURCHASING SHALL CHANGE ACCORDINGLY. (d) IF THE REGISTRAT!ON FEE VARIES FROM THE AMOUNT YOU HAVE ESTIMATED ON THE FRONT OF THIS AGREEMENT: THEN THE CASH PRICE DELIVERED SHALL CHANGE ACCORDINGLY. (e) i AGREE THAT I WILL PAY THE FINAL CASH PRICE DELIVERED AS SHOWN ON THE FRONT OF THIS AGREEMENT IF THERE HAVE BEEN ANY CHANGES IN THE TOTAL CASH PRICE DELIVERED FOR REASONS STATED IN THIS PARAGRAPH 6 THEN I WILL PAY THE CASH PRICE DELIVERED AS CHANGED BY ANY SUCH ADJUSTMENT. MY PAYMENT WILL BE EITHER IN CASH, BANK, OR CERTIFIED CHECK AT THE TIME OF DELIVERY OF THE VEHICLEI HAVE PURCHASED. 7. Change of Design. I understand that the manufacturer has the right to change the design of the vehicle. its chassis, accessories or any parts at any time without notice to YOU or ME. In the event of such a change by the manufacturer, YOU shall have no `duty to ME except to deliver the vehicle as made by the manufacturer. 8. No Other Agreements, There are no understandings or agreements between you and me other than those set forth in this Agreement and attachments to this Agreement if there are any such attachments. IF THIS AGREEMENT IS FOR A USED VEHICLE, THE INFORMATION YOU SEE ON THE (FEDERAL TRADE COMMISSION) WINDOW FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. 9. New York Law Applies. You and I agree that this Agreement is governed by New York State Law. 10. Branded Vehicle. A BRANDED VEHICLE 1S ONE THAT STATES ON THE CERTIFICATE OF TITLE ONE OF THE FOLLOWING BRANDS (RECONSTRUCTED. NON-USA-STD., EXCEEDS MECHANICAL LIMITS, NOT ACTUAL MILEAGE OR WARRANTY NON-CONFORMITY.) SUCH BRANDED TITLES AFFECT THE TRADE-IN PRICE OR THE ACCEPTANCE OF THE VEHICLE AS A TRADE!-IN. I HEREBY STATE THAT THE ? tar mce unanges. (a) THE TOTAL CASH PRICE DELIVERED LESS THE TRADE-IN ALLOWANCE SHOWN ON THE FRONT OF THIS AGREEMENT IS THE FINAL CONTRACT PRICE Td WHICH YOU AND I HAVE AGREED, AND, IF T HE VEHICLE IS A NEW MOTOR VEHICLE, NO ADDITIONAL FEIN OR CHARGE WELL BE IMPOSED OR COLLECTED DUE TO CHANGES IN THE MANUFACTURER'S LIST PRICE. OR CHANGES IN THE COST OF FREIGHT OR SERVICES PROVIDED BY YOU. (b) A REDUCTION IN THE VALUE OF THE TRADE-IN MAY RESULT IN AN INCREASE IN THE CASH PRICE DELIVERED I WILL HAVE TO PAY AS PROVIDED IN PARAGRAPH 1 OF THIS AGREEMENT. (c) IF THE BALANCE E OWE ON MY TIRADE-IN AT THE TIME OF DELIVERY OF THE TRADE-1N TO YOU IS DIFFERENT THAN THE AMOUNT : HAVE TOLD YOU AND WHICH AMOUNT IS SHOWN ON THE FRONT OF THIS AGREEMENT. THEN THE CASH PRICE DELIVERED OF THE VEHICLE I AM PURCHASING SHALL CHANGE ACCORDDINGLY. (d) IF THE REGISTRATION FEE VARIES FROM THE AMOUNT YOU HAVE ESTIMATED ON THE FRONT OF THIS AGREEMENT, THEN THE CASH PRICE DELIVERED SHALL CHANGE ACCORDINGLY. (e) I AGREE THAT I WILL PAY THE FINAL CASH PRICE DELIVERED AS SHOWN ON THE FRONT OF THIS AGREEMENT. IF THERE HAVE BEEN ANY CHANGES IN THE TOTAL CASH PRICE DELIVERED FOR REASONS STATED IN THIS PARAGRAPH 6 THEN I WILL PAY THE CASH PRICE DELIVERED AS CHANGED BY ANY SUCH ADJUSTMENT. MY PAYMENT WILL BE EITHER IN CASH, BANK, OR CERTIFIED CHECK AT THE TIME OF DELIVERY OF THE VEHICLE I HAVE PURCHASED. 7'. Change of Design. i understand that the manufacturer has the right to change the design of the vehicle, its chassis, accessories or any parts at any time without notice to YOU or ME. In the event of such a change by the manufacturer, YOU shall have no duty to ME except to deliver the vehicle as made by the manufacturer. S. No Other Agreements. There are no understandings or agreements between you and me other than those set forth in this Agreement and attachments to this Agreement if there are any such attachments, IF THIS AGREEMENT IS FOR A USED VEHICLE, THE INFORMATION YOU SEE ON THE (FEDERAL TRADE COMMISSION) WINDOW FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. £). New York Law Applies. You and I agree that this Agreement is governed by New York State Law 10. Branded Vehicle. A BRANDED VEHICLE IS ONE THAT STATES ON THE CERTIFICATE OF TITLE ONE OF THE FOLLOWING BRANDS (RECONSTRUCTED, NON-USA-STD., EXCEEDS MECHANICAL LIMITS, NOT ACTUAL MILEAGE OR WARRANTY NON-CONFORMITY.) SUCH BRANDED TITLES AFFECT THE TRADE-IN PRICE OR THE ACCEPTANCE OF THE VEHICLE AS A TRADE-1N. I HEREBY STATE THAT THE INFORMATION ON THE FACE OF THIS AGREEMENT REGARDING TRADE-1N VEHICLE IS ACCURATE. NYC-1980 BACK (02/04) o _ ?:'? ? t-c CAS E ? L ? c N () WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 DENNIS COOK and CHARLA COOK (h&w) V. LONGVIEW RV SUPERSTORES; FRANK ROBERTS and FRAN ROBERTS ATTORNEY FOR DEFENDANTS LONGVIEW RV SUPERSTORES; FRANK ROBERTS & FRAN ROBERTS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-4727 TRIAL BY JURY OF 12 DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned matter on behalf of Defendants Longview RV Superstores, Frank Roberts and Fran Roberts. Respectfully submitted, HENDRZAK & LLOYD WILLAM E. DENGLER, ESQUIRE Attorney for Defendants, Longview RV Superstores, Frank Roberts and Fran Roberts 1 Dated: 014 ? ? ?? - •;::? ,- ?° e•,a ? r`: ._ R r? '^?wn W3.. ?„? "? ?,?`k ..,,,q ' 1 •?? gi 'I•?+1?1 p a.l ^? WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 DENNIS COOK and CHARLA COOK (h&w) V. LONGVIEW RV SUPERSTORES; FRANK ROBERTS and FRAN ROBERTS ATTORNEY FOR DEFENDANTS LONGVIEW RV SUPERSTORES; FRANK ROBERTS & FRAN ROBERTS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-4727 TRIAL BY JURY OF 12 DEMANDED DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby demanded by Defendants, Longview RV Superstores, Frank Roberts and Fran Roberts, in the above captioned matter. Respectfully submitted, HENDRZAK & LLOYD Dated: d<, 6 WILLbd4 E. DENGLER, ESQUIRE Attorney for Defendants, Longview RV Superstores, Frank Roberts and Fran Roberts ra d lSJ ?'3,?'-t .. :::?- r r1 'tom ?S"J WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 DENNIS COOK and CHARLA COOK (h&w) V. LONGVIEW RV SUPERSTORES; FRANK ROBERTS and FRAN ROBERTS ATTORNEY FOR DEFENDANTS LONGVIEW RV SUPERSTORES; FRANK ROBERTS & FRAN ROBERTS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-4727 TRIAL BY JURY OF 12 DEMANDED PRAECIPE TO TRANSFER VENUE FROM CUMBERLAND COUNTY COURT OF COMMON PLEAS TO THE MIDDLE DISTRICT OF PENNSYLVANIA TO THE PROTHONOTARY: Notice is hereby given pursuant to 28 USC Section 1332(a)(1) and Section 1441(a) to remove action from Cumberland County Court of Common Pleas No. 2008-4727 to the Middle District of Pennsylvania. Respectfully submitted, HENDRZAK & LLOYD W LIAM E. DENGLER, ESQUIRE Attorney for Defendant, Longview Superstores Frank Roberts and Fran Roberts Dated: 7/9'/Oc/ WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 DENNIS COOK and CHARLA COOK (h&w) V. LONGVIEW RV SUPERSTORES; FRANK ROBERTS and FRAN ROBERTS ATTORNEY FOR DEFENDANTS LONGVIEW RV SUPERSTORES; FRANK ROBERTS & FRAN ROBERTS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-4727 TRIAL BY JURY OF 12 DEMANDED NOTICE OF REMOVAL TO: CLERK OF THE COURT 1. This action was commenced by a Complaint filed with the Prothonotary of the Court of Common Pleas of Cumberland County on August 6, 2008. 2. Plaintiffs served their Complaint on Defendants on August 7, 2008. A copy of the Complaint is attached hereto and marked as Exhibit "A". 3. Plaintiffs' Complaint alleges that Plaintiff Long View RV Superstores is a corporation doing business at Route 22 and 295 in Canaan, New York. 4. Plaintiffs' Complaint alleges that Defendant Fran Roberts is the CEO of Long View RV Superstores with a professional address of 4 West Street, West Hatfield, Massachusetts. 5. Plaintiffs' Complaint alleges that Defendant Frank Roberts is the "head" of Long View RV Superstores' Connecticut location with the professional address of 27 West Lawrence Road, Windsor Locks, Connecticut. 6. Defendant Long View RV Superstores, Inc. is a New York Corporation with a principal place of business at Route 22 and 295 in Cannan, New York. 7. Long View Recreational Vehicles, Inc., is a Massachusetts Corporation with a principal place of business at 4 West St., West Hatfield, Massachusetts. 8. Long View R.V., Inc., is a Connecticut Corporation, with a principal place of business at 27 Lawnacre Road, Windsor Locks, Connecticut. 9. Defendant Fran Roberts is CEO of Long View Recreational Vehicles, Inc., located in West Hatfield, Massachussetts. He is also the CEO of Long View R.V., Inc, and Long View RV Superstores, Inc. 10. Defendant Frank Roberts is President of Long View R.V., Inc, located in Windsor Locks, Connecticut. He is also the President of Long View Recreational Vehicles, Inc. and Long View RV Superstores, Inc. 11. The subject RV was purchased by Plaintiff, through Long View RV Superstores, Inc., a New York Corporation. 12. For the purposes of these proceedings, there is complete diversity of citizenship among the parties and the United States District Court for the Middle District of Pennsylvania has original jurisdiction pursuant to 28 USC § 1332. 13. Section 1332 provides for diversity jurisdiction when the amount in controversy exceeds $75,000.00 and includes citizens of different states. 28 USC § 1332(a)(1). In this regard, in their Complaint Plaintiffs present demand for judgment against Defendant Long View RV Superstores and Defendant Frank Roberts in excess of $206,437.47. 14. The present lawsuit is removable from the State Court to the District Court of United States pursuant to 28 USC Section 1332(a)(1) and Section 1441(a) and is hereby removed pursuant to those statutes. 15. Written notice of the filing of this notice shall be given to all parties as required by 28 USC Section 1446(d). 16. This notice is timely, being filed within thirty (30) days of the date of service of the Complaint setting forth the claims for relief upon which the action is based. 28 USE § 1446(d). WHEREFORE, notice is given that the action is removed from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania. Respectfully Submitted, REND AK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendants, Longview RV Superstores, Frank Roberts and Fran Roberts. Dated: VERIFICATION William E. Dengler, Esquire, hereby states that he is the attorney of record for defendants, Longview RV Superstores, Frank Roberts and Fran Roberts, in this action and verifies that statements made in the foregoing Notice of Removal are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date. William E. Dengler, Esquire Attorney for Defendants Longview RV Superstores, Frank Roberts and Fran Roberts. EXHIBIT "A" To: John Hendrzak From: Powell, Matt 8-21-08 11:78am p. 5 of 33 IN THE COURT OF COMMON PLEAS OF THE 21"'r JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Dennis and Charla Cook, Plaintiffs us. Longview RV Superstores, Fran Roberts, Frank Roberts, Defendants Civil Action NO. QD?? 1Z7 Jury Trial Demanded You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in wrung 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 OR CANNOT AFFORD ONE, GO TO OR MEPHONE THE ORFICE SET FPOM BIIAW TO FIND OUT V41EREY000AN CiEFLEGALHE]P. c 3 Inn Pennsylvania Bar Association rr f - c, "'m Lawyer Referral Service ' Telephone 1-500-692-7375 (PA only) or C= - 1.717-238-6715 AN?RFRICANS WM-l DISABLMES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990 For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing To: John Hendrzak From: Powell, Matt 8-21-08 11: Nan p. 6 of 33 IN THE COURT OF COMMON PLEAS OF THE 211T JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Dennis and Charla Cook, Civil Action Plaintiffs VS. NO_ Longview RV Superstores, Fran Roberts, Frank Roberts, Defendants Jury Trial Demanded COMPLAINT 1. Plaintiffs are Dennis Cook and Charla Cook, each a sui Juris adult, being a married couple residing at 300 South Queen Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant Longview RV Superstores is a corporation doing business at Route 22 and 295, Canaan, New York 3. Defendant Fran Roberts is the Chief Executive Officer of Longview RV Superstores with a professional address of 4 West Street, West Hatfield, Massachusetts. 4. Defendant Frank Roberts is the son of Fran Roberts and is the head of Longview RV Superstores' Connecticut location, with a professional address of 27 Lawnacre Road, Windsor Locks, Connecticut. 5. Defendant Longview RV Superstores is in the business of selling, renting and servicing recreational vehicles throughout the United States and in Pennsylvania 6 Defendants Fran Roberts and Frank Roberts are owners of and are employed by Defendant Longview RV Superstores. 7. Defendants Fran Roberts and Frank Roberts provide services to facilitate the sales, renting and servicing of recreational vehicles by Defendant Longview RV Superstores. 8. Defendant Longview RV Superstores entered into a sales agreement with Plaintiffs on To: John 9endrzak From: Powell, flat` 8-21-08 11:03am p. 7 of 33 September 24, 2007 for the sale and purchase of a model year 2008 Travel Supreme Select motor home. 9. The motor home sold to the Plaintiffs was portrayed as a model year 2008 motor home by all Defendants 10. Plaintiffs were told by employees of Defendant Longview RVSuperstores that the motor home had been built late enough in the year 2007 to be considered a 2008 model. 11. Plaintiffs had deposited $500 toward the purchase of a separate 2006 motor home from a separate dealer but Plaintiffs were convinced by Defendant Longview RV Superstores and Defendant Frank Roberts that the 2008 model was a better value for Plaintiffs. 12. Defendant Longview RV Superstores took actual possession of the motor home in December of 2006, several months prior to the date the Plaintiffs were told by Defendant Longview RV Superstores and Defendant Frank Roberts that the motor home was manufactured. 13. Unknown to Plaintiffs at the time of the agreement to purchase, the motor home in question was actually built in September of 2006. 14. Unknown to Plaintiffs at the time of the agreement to purchase, the motor home was originally assigned a Vehicle Identification Number (VIN) pursuant to Federal guidelines identifying the motor home as a 2007 model year by the chassis manufacturer. Spartan Chassis, Inc. 15_ Following delivery of the motor home to Defendant Longview RV Superstores in December of 2006, said Defendant took the motor home to a couple different sales shows but was unsuccessful in selling the motor home prior to September of 2007. 16. Sometime prior to August 8, 2007, a representative of Defendant Longview RV Superstores contacted the motor home manufacturer, Travel Supreme, and requested that the VIN be changed on the motor home in question in order to make the motor home appear to be a 2008 model year. 17. On August 8, 2007, more than ten months after the motor homes' final assembly date, the manufacturer, Travel Supreme, contacted the chassis manufacturer, Spartan Chassis. Inc and requested that the VIN be changed to reflect a 2008 model year 18. Spartan Chassis, Inc. accommodated the manufacturer's request because Spartan Chassis, Inc was unaware that the motor home had already been Finally assembled and To: John Hendrzak From: Powell, Matt delivered to Defendant Longview RV Superstores. B-21-06 11:01ari p. B of 33 19. Travel Supreme, the manufacturer of the motor home, made the request to change the VW because Defendant Longview RV Superstores requested the change in order to allow Defendant Longview RV Superstores to have a "2008" model at the Hershey, Pennsylvania sales show. 20. Spartan Chassis, Inc would not have agreed to change the V1N if Spartan Chassis, Inc. would have been aware that the motor home had already been assembled and placed on Defendant Longview RV Superstores' lot. 21. Defendant Longview RV Superstores conspired with Travel Supreme, the manufacturer, to fraudulently have the VIN changed to make the motor home appear to be a recently built 2008 model. 22. Plaintiffs relied on Defendant Longview RV Superstores' representations that the motor home was built late enough in 2007 to be considered a 2008 model. 23. It wasn't until Plaintiff Dennis Cook received a recall notice and had service work performed that he discovered that the motor home was in fact a 2007 model. 24 After receiving a recall notice, Plaintiff Dennis Cook took the motor home to Cummins Power Supply in Harrisburg, Pennsylvania, for the service work. 25. Cummins Power Supply was an authorized service center for Spartan Chassis, Inc. 26. Cummins Power Supply notified Mr Cook that the VIN had been changed 27. Plaintiff Dennis Cook contacted Travel Supreme and ascertained the actual assembly and dealer delivery date 28. Plaintiff Dennis Cook was informed by a Travel Supreme representative that the motor home was finally assembled on September 28, 2006 and delivered to Defendant Longview RV Superstores on December 22, 2006, and that the original VIN indicated that the motor home was a 2007 model year. 29. Having the VW changed to reflect a different model year was an illegal act under US. Code Title 18, Chapter 25, Section 511 (a). - 30. Defendant Prank Roberts was personally aware that the motor home was not a 2008 model and that the VIN had been unlawfully changed prior to the sale of the motor home to Plaintiff. To: John flendrzak From: Powell, Ma.` 8-21-08 11:38am P. 9 of 33 31. Defendant Fran Roberts was personally aware that the motor home was not a 2008 model and that the VIN had been unlawfully changed pnor to the sale of the motor home to Plaintiff 32. Defendant Frank Roberts specifically used the idea that the motor home was a "2008" model as an incentive to convince Plaintiffs that the motor home was a better value than the motor home Plaintiffs already made a deposit on at a separate dealer. 33. Defendant Frank Roberts stated to Plaintiff Dennis Cook that Mr. Cook would be saving over $18,000 from later produced 2008 models that had changes in their assembly. 34. Akey tag in the motor home read "2007 and Plaintiff Dennis Cook questioned why the key tag on the key chain for the motor home read 2007, but Mr. Cook was informed by employees of Defendant Longview RV Superstores that the key tag was wrongly labeled. 35. Chapter V. Part 571 of the National Highway Traffic Safety Administration's Federal Motor Vehicle Standards defines in part a model year as "...the year used to designate a discreet vehicle model irrespective of the calendar year in which the vehicle is actually produced so long as the actual period is less than two years." The changes in assembly between the 2007 model year and 2008 Travel Supreme Select make the 2008 mode a discretely different model than the 2007 model year 36. Both Defendant Longview RV Superstores and Defendant Frank Roberts were aware that the 2008 model year Travel Supreme Selects were discretely different vehicles and that no legal justification existed in changing an existing 2007 model M to appear to be a 2008 model. 37. All 2008 Travel Supreme Select motor homes have a panoratruc windshield whereas Plaintiff's motor home does not have a panoramic windshield 38. An actual 2008 model year Travel Supreme Select motor home is a discretely different vehicle, with substantial manufacturing changes compared to the 2007 model year. 39. The presence of a panoramic windshield versus a standard windshield is a significant change in a motor home. 40. Dealers and other individuals aware of industry standards would know that the Plaintiff's motor home is not in fact a 2008 model year based upon the windshield and other manufacturing changes. 41. Once Spartan Chassis, Inc assigned the onginal VIN to the motor home and the motor To: John 9endrzak From: Powell, Hatt 8-21-08 11:18am p. 10 of 33 home was delivered to the dealer, there was no legal authority for Defendant Longview RV Superstores to request to have the VIN changed. 42. Defendant Longview RV Superstores conspired with the manufacturer, Travel Supreme, to mislead Spartan Chassis, Inc. about the status of the motor home in order to obtain a fraudulent VIN. 43. 'Me economic gain the Plaintiffs were lead to believe they were getting by purchasing a 2008 model year motor home was lost. 44. Plaintiffs incurred significant depreciation losses in owning a 2007 model versus what they were mislead to believe they were purchasing. a 2008 model. 45. The depreciation loss incurred by Plaintiffs exceeds $50,000. 46. Plaintiffs have been required to continue to make payments of principle and interest on a motor home that is not what they intended to purchase. COUNT ONE - FRAUD - ECONOMIC INJURY 47. Paragraphs 1-38 are incorporated herein as if recited fully. 48. Defendant Longview RV Superstores and Defendant Frank Roberts represented the motor home to the Plaintiffs as a 2008 model year having been built in late 2007. 49. The model year being a 2008 was a material element in the Plaintiffs' purchasing the motor home. 50. The representation that the motor home was a 2008 model was false. 51 Defendant Longview RV Superstores and Defendant Frank Roberts were aware that the representation was false 52. Defendant Fran Roberts either knew or acted recklessly as to the truth of the representation that the model year of the motor home was 2008. 53 The representation of the motor home as a 2008 model year was done with the intent of misleading the Plaintiffs and others into relying on the representation. 54. The Plaintiffs justifiably relied upon the representation that the model year was 2008. 55 The economic injuries sustained by the Plaintiffs were proximately caused by Plaintiff's To: John Hendizak reliance on the representation. From: Powell, Matt 56. Plaintiffs have sustained economic injuries to excess of $100,000. 8-21-08 11:08an p, 11 of 33 WHERE ORE, Plaintiffs demand judgment for Plaintiffs and against Defendants for all economic injuries sustained COUNT TWO - FRAUD - PUNITIVE DAMAGES 57. Paragraphs 1-48 are incorporated herein as if recited fully. 58 Defendants' conduct was intentionally tortious toward Plaintiffs. 59. Defendant's conduct was outrageous and egregious toward Plaintiffs. 60. Defendants' conduct was intended to defraud Plaintiffs. 61. Defendants' conduct cannot be fully remedied simply by making the Plaintiffs economically whole. 62. Punitive damages are available to the Plaintiffs to punish Defendants, deter Defendants from similar future conduct, and to deter similarly situated Defendants from following such conduct. WARE, Plaintiffs demand judgment for Plaintiffs and against all Defendants for punitive damages. COUNT THREE - CIVIL CONSPIRACY 63. Paragraphs 1-59 are incorporated herein as if recited fully. 64. Having the VIN changed was an illegal act perpetrated by Defendant Longview RV Superstores and Defendant Frank Roberts. 65. Purposely misleading a financial institution on the value and year of the motor home as collateral on an installment loan was an illegal act perpetrated by Defendant Longview RV Superstores and Defendant Frank Roberts. 66. Defendant Longview RV Superstores and Defendant Frank Roberts conspired with individuals representing the motor home manufacturer, Travel Supreme, to commit the unlawful act of having the motor home's VW number changed to reflect a newer model year. To: John 9endrzak From: Powell, Matt 8-21-08 11:08am p. 12 of 33 67. Defendant Longview RV Superstores and Defendant Frank Roberts conspired to commit the unlawful act of intentionally over-valuing and misstating the year of the motor home in anticipation of the Plaintiffs encumbering said motor home. 68. Defendant Longview RV Superstores and Defendant Frank Roberts acted maliciously toward Plaintiffs in: a) conspiring to have the VEN number changed b) failing to inform Plaintiffs that the VN had been changed c) purposely rrusleading Plaintiffs about the manufacture date of the motor home d) receiving payment from the Plaintiffs based upon knowingly false statements made by Defendant Longview RV Superstores and Defendant Frank Roberts. e) allowing Plaintiffs to encumber the motor home with an installment loan knowing that the collateral for the loan, the motor home, was not valued according to the true value of the motor home. 69. Plaintiffs have incurred economic damages in excess of $100,000 as a result of the civil conspiracy. 70. Plaintiffs are entitled to recover all economic damages incurred by Plaintiffs as a result of the civil conspiracy. 71. Plaintiffs are entitled to recover punitive damages as a result of the civil conspiracy. WEB Plaintiffs demand judgment for Plaintiffs and against Defendant Longview RV Superstores and Defendant Frank Roberts for all economic injuries sustained and for punitive damages COUNT FOUR - BREACH OF CONTRACT 72. Paragraphs 1-68 are incorporated herein as if recited fully 73. The Sales Contracts related to this transaction are attached hereto as Exhibit No I and Exhibit No. 2. 74. Exhibits No. I and No 2 are the original sales agreement and the original "Retail Installment Contract and Security Agreement" respectively. 75. Exhibit No. I was signed and dated by Plaintiffs and a representative of Defendant To: John Hendrzak From: Powell, Platt Longview RV Superstores on September 24, 2007. 76. Exhibit No. 2 was signed by Plaintiffs on September 16, 2007. 8-21-08 11:08am p. 13 of 33 77. Exhibit No. I has a handwritten VIN that was changed to reflect the reassigned VIN 78. Exhibit No. 2 has a typewritten VIN which reflects the original VIN assigned to the motor home by Spartan Chassis, Inc. 79. Exhibit No. 3 is a sales agreement with a typewritten VIN indicating the reassigned VIN number of the motor home. 80. ne change in VIN numbers between Exhibit No. 2 and No. 3 was explained to Plaintiffs by Defendant Longview RV Superstores and Defendant Frank Roberts as simply a typographical error that needed corrected. 8l. Exhibit No 3 was never signed by Plaintiffs. 82. Both Exhibit No. I and No. 3 read in part "If the new motor vehicle has not been delivered in accordance with this contract within 30 days following the estimated delivery date, the consumer has the right to cancel the contract and to receive a full refund, unless the delay in delivery is attributable to the consumer." 83. The vehicle to be delivered was a model year 2008 motor home which was not, and can not, be delivered by Defendant Longview RV Superstores. 84. Plaintiffs have incurred additional economic injuries as a result of Defendant Longview RV Superstore's failure to deliver a 2008 year motor home. 85. Plaintiff's economic injuries include but are not limited to: a) loss of $60,000 00 deposit b) loss of trade-in credit of $237,000 less payoff balance owing on trade-in of $126,376.64, for a net economic loss on the trade-in of $110,623.36 c) the sales tax amount paid by Plaintiffs of $18,885.00 d) the document fee of $84.00 e) monthly installments paid pursuant to the installment contract of $2,982.79 for nine months for a current total of $26,845.11 f) ongoing installments on a monthly base of $2,982,79, and To: John Aendrzak From: Powell, Matt 8-21-08 11:08am p. 14 of 33 g) loss of use of all the above economic resources from September of 2007; h) the difference in depreciation value from an alleged 2008 model motor home to an actual 2007 motor home. said difference in value exceeding $50,000 86 Plaintiffs have incurred direct economic injuries in excess of $206,437.47 plus additional damages as incurred together with costs and attorney's fees in this matter. WERE. Plaintiffs demand judgment for Plaintiffs and against Defendant Longview RV Superstores and Defendant Frank Roberts in excess of $206,437.47 plus additional damages as incurred together with the Court costs of this litigation and attorney's fees in this matter. SI-iFITTI-DLAW FIRM, LLC 17 - 6 ?-OCMNIM?11 Fr- Chris Sheffiel ,Esq. Attorney for Defendants 1DNo 82548 230 LWE, Suite R P.O. Box 430 Chambersburg, PA 17201 (717) 262-0025 phone (717) 262-0079 fax To: John 9endrzak From: Powell, Matt VERIFICATION 8-21-08 11:08am p. 15 of 33 The undersigned hereby verifies that he/she is the named Plaintiff in the foregoing action, that the facts set forth in Plaintiff's Complaint are true and correct to the best of his/her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. Date ef, -; ?,-- C- Z1 Date Plaintiff LA P 1 ? Plaintiff CERTIFICATE OF SERVICE I, William E. Dengler, Esquire hereby certify that a true and correct copy of the Notice Removal was sent via First Class United States Mail, postage prepaid to the following counsel: Chris Sheffield, Esquire 230 Lincoln Way East, Suite B P.O. Box 430 Chambersburg, PA 17201 Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendant, Longview RV Superstores, Frank Roberts and Fran Roberts. Dated: na ??. ???? -z-? cry --?-? ? . , - - ??? , , ?_ , :? ?{ ?, , *- . WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 DENNIS COOK and CHARLA COOK (h&w) V. LONGVIEW RV SUPERSTORES; FRANK ROBERTS and FRAN ROBERTS ATTORNEY FOR DEFENDANTS LONGVIEW RV SUPERSTORES; FRANK ROBERTS & FRAN ROBERTS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-4727 TRIAL BY JURY OF 12 DEMANDED PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a writ to join Travel Supreme, Inc., as an additional defendant in the above captioned matter. Respectfully submitted, HENDRZAK & LLOYD W E. DENGLER, ESQUIRE Attorney for Defendants, Longview RV Superstores, Frank Roberts and Fran Roberts Dated: el- Ald 'I V, 4,. WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 DENNIS COOK and CHARLA COOK (h&w) V. LONGVIEW RV SUPERSTORES; FRANK ROBERTS and FRAN ROBERTS ATTORNEY FOR DEFENDANTS LONGVIEW RV SUPERSTORES; FRANK ROBERTS & FRAN ROBERTS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-4727 TRIAL BY JURY OF 12 DEMANDED WRIT OF SUMMONS TO: Travel Supreme, Inc.. 66149 State Road 19 Wakarusa, IN 46573 You are notified that Defendants, Longview RV Superstores, Frank Roberts and Fran Roberts have joined you as an additional defendant in this action which you are required to defend. PROTH TARY Date: fIA By: (Deputy) .... i?, ...- ??.` ,?-` .c"