HomeMy WebLinkAbout08-50810f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WACHOVIA DEALER SERVICES INC
Plaintiff
VS.
TODD S JUMPER
Defendant
No. 68 - ?7a' (?LUCT&
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6933133
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WACHOVIA DEALER SERVICES INC
Plaintiff
vs.
TODD S JUMPER
Defendant
Civil Action No.
COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND
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 an attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff is a corporation having offices in 8101 N. High St. Ste 280, Columbus Oh 43235.
2. Defendant is an adult individual residing at 2163 Ritner Hwy, Shippensburg Pa 17257.
3. On or about June 11, 2007, Defendant duly executed a Note and Security Agreement
(hereinafter the "Contract") a true and correct copy of said Contract is attached hereto, marked as Exhibit
"1" and made a part hereof.
4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly
identified in the Contract as a 2001 Dodge Truck.
5. Plaintiff avers that Defendant is in default of the Contract by having not made payment to
Plaintiff as promised, thereby rendering the entire balance immediately due and payable.
6. Plaintiff avers that a balance of $15081.72 is due from Defendant as of August 5, 2008.
7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to
interest at the rate of 12.49% per annum.
8. Plaintiff avers that the Contract between the parties provides that Defendant will pay
Plaintiff's reasonable attorneys' fees.
9. Plaintiff avers that such attorneys' fees amount to $1500.00.
10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, Todd S Jumper, individually, in
the amount of $15081.72 with continuing interest thereon at the Contract rate of 12.49% per annum from
August 5, 2008, plus attorneys' fees of $1500.00 and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
0
William T. Molczan, wire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#:6933133
WAC'OVIA
DEALER SERVIC Fax:949-727-754-4857 Jul 16 2008 18:27 P.04
NOTE AND SECURITY AGREEMENT
I'll Date of Agreement: pen 1x2007
Z Name A Address of Lender:
Waehovia Dealer Services, Inc.
1$750 Alton Parkway
Irvin, California 92818
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Account Number: Jmfw Y' f&
Name s Address of Borrower.
TODD ER
100 MT. mmCtc Leo awe
1WFFRMRQ PA 11201
1. I, the Borrower, promise to pay U.$. J 1111,50410 (the 'Principal"), which Includes a loan be of
_.? _?l?l ell pp/6 Waireak to the order of Wachovia Deli r SIr1MON. U0, ate euaceMors end assigns CL~. -W, at ?ypu?). 1f floe
foregoing principal sum In not st/llel.nt to saflety and nNw any existing lion on the Vehicle area to pay any fact and tsfoea required "yo t0 reaorq
your Nan on the Vehicle, I agree that you may add to the principal the addliorwl amount required 10 accomplish these actions.
_• i0Ml. Begmnkq on the date of this Agreement, I will p interact at the empla intarast rat of 1l1a00 ? % per annum. This interest
rata Is the rate I will pay both before and afar any dehult described in paragraph 10 of this Agreament. Internet will somus daily on that part of
the Principal, which has not been paid. Internet will be charged beginning an the date of this Agreement and will continue until all amounts I
owe you have been paid In full.
Olsolo box ft ure belowt ay Principal and Interest payments on ft due dates shown on the Payment Schedule in tits TruWdr?Lending
1.
Payment Schedule assumes that I wall pay all smourk when due. Because intersat ecorues daily an the unpaid
Principal balance, the amount of the lest payment rney decrease or Increase M t pay early or late. My mw" psymwft will be applied first to
interest, then to Principel and finally to any other outstanding thew. If, an the final payment date shown on the Payment Schedule below
(the "fleaturtty Date`), 1 still owe ¦mourts under this Aprsernut, I will pay those amourb In full on the Maturity Date. If ¦N amapus owing under
this Agreement are not paid In full an the Maturity Date, such unpaid amounts shall beer Interest at the rate specified in paragraph 2 above. No
portion of the loan fee (Prepaid Finance Charge) described in paragraph t above wig be refunded upon prepayment whether such prepayment
Is voluntary or Involuntary. 1 will niece My morlAhly payments tu you at Wadnonrla Dealer Services, Inc., P.O. Box 25941 Ssnh Ana, CA
027H41*41, or such other location all you shall designate.
prep MW Tolhe will be no n*M a full prepayment or a partial prepayment at any time without paying any peneey, If I make a partial
delays In the due deers of my monthly peyrnonts unless you agree in writing to trme dot"*.
9. If you have not received the full arnotxtt of my monthly payment within 10 days of the dabs it Is due, I Will pay you a Ists
chargeFan amount equal to 6% of the unpaid amount of the payment or $24, wMchm Is greater. I will pay thie hoe charge only once on
any late payment. To the extent you eolually, kxxlr any expense, tax, or Map POW In a govefnrnWd th pay you such expenses,
exospt as may be united appNoeble law. The total amount of that expenses is shown below in the Illomftedon of Amount Financed, I
Twee to pay you a fee of $15 for any check or any ether form of payment I give you that Is dishonored or returned to you unpaid for any
I I G I Im Waver nrt,u,mr m0 glum VMO lTe am01a1! it prOYlded to Ttle an?o? I ww?j
met or my unite As a yearly rim. coat ma. me or on my irw n!eye sN achedu ?
Number of Psyr mb Amount ol Paynsnte (e) When Paymante ate Due
Insurance., I may obtain property insurance Flom anyone I went that Is aooaplobla to you.
'repynnents III cry elf hieloan esAy,1 well not have to pay a penalty.
Beourtgr: If one of the fallowing boxes is diackod, I am gum 9 yon a ""illy Interest Im lutes propany being purdweed or ®tha motor
vehicle being ramanced.
Late Chargaa: If a payment is not made within 10 days of the data it is due, I will bs charged a late charge In the amount equal to 671 or the
uepakt amount of the payment or $25, whichever is greater.
Other Terms: I should read the remainder of this Agreement for additional Information on sacwity interests, nonpayment, defaus and your
right to require repayment In NN before the sdisduled maturity dote,
ill) means estimate.
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L C3 Unsecured. If ohedted, this Note is unsecured. But. I understand that you will have the right Of offaat in ute avant of a default
horounder, w doecribed In paragraph 11 of this Agreement.
S. rgmutlttc Interest. In order to saour& repsymer( of this ban and perk mranoe of my other ob9Wbne under this Agmerm t, I hereby grant
you a security interest in the following property (the 'Vahiowa
iN01 ooners TRUCK OWtoa Ftekup4l I `1fi76liiattttigaw10
and other In the future, ssodas, now forming part of the VOWS or wood In or on the Vehicle or whkh may baaorm part of the Vahiole
w the fu ure, whether or or a not and rerxNW from f Vehicle. I also grant you a security Interest in as l1nou anoo pimom" roomed premiums,
Vstlida mars than 10 days and the data of this ??rrafor rwa s?iee contracts' This Agreement shall not oOwr any Name added tO ft
must be Identified in writing for you or any appropriate court otttoor Wore any day nmilso resale of the Vshkia. The Vehicle?ba Kept at
the fallowing location
i? H Defier Men cooties of Bomowa shown ebowl
"' VOLUNYARY DEBT PROTECTION COVERAGE {GAP} DISCLOSURE AND AUTHORIZATION
Valimtary debt protection coverage ('GAP') Is not required In order 10 obtain this Icon, and my alsodw to purohaaa or not purchase GAP t
not Mot the temwa Of my loan, I may obtain optional GAP born a parson of my choice that a wSwind b lap ouch ooveraga and
acceptable to you. GAP will not be provided under this Agreement unless I sign for it below and agree to Pay dlo addalorpi oral shown bell
and In the ITEMIZATION OF AMOUNT FINANCED. The GAP contras( issued by the provider of the ooversge vA desanba the tears a
condilions of coverage In further dotal.
Name of GAP Coverage Provider wA
Fee or Premium: GAO
Term (in months, if other than term of the loan) BY **V Wow, I votunW* aoWWA%daa cry desire b ptlroitaaa ft Up Daft
11, a2 W & I " be In d0buft If any payment ar any other sum is not paid when We. or If the prospect of
abilkv In realize upon the aollatem is signtfloanyy impaVOd, Including any one or mare of ere ft"Ovvr PaY?. p nrnnce or your
written permission, ask encumber or otherwise C1190080 of my righis or intwuast In the Vo ^p' r .hap or shah attempt q, without your
I' him Out or IM the V&N* or ce
psestngtrs in the Vehicle for hire; I rrftuoo or abuse the Vehicle, or use or Sloth Its use, Whh or wMW ON with
illegal undertedting or for any purpose that vloloW any law or regulation; reoalverahip or lmolvenoy ? W or. in ooaswwffmm nrieatron fo any
benefit of hers shall be Institulsd by or apbvd me; the Vehlr:te shall be attooW, Wad upon, asked in ? an Y for this
VIRUS Of lien or dislross, or any modoo or claim of Ilan on the Vshlde In Nark I dN; ray ?o or us by
not paid promptly, the Vehicle Is damaged SuM that its value Is diminished and permit to remain d on tine Vahiols or its use is
Vehicle Is not kept suitably Insurer I W to permit inspection of the Vahlda; your emapad Is for
Ad rrtera than 3o dM: the
renroln peftated far the term of do Agreement In each j j6oft l m In which ? it?rk0 to bee r c ed ?? k P fd or doss not
broach any other or fail to roroqquu Pfd due to a or i trwil on my pan;
vra^maY keep any promise or meet any other vbsgatlons in this M;I iMaffOM era or otlferwiae fall to July
cooperate with you In complaling and obtaining the pin of any security' Pool. as
Vehicle to remain unpeld fbr more then 15 days. You reasonably nrprlre; I allow any Ilona on the
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WACHOVIA DEALER SERVIC Fax:949-727-754-4857 Jul 16 2008 18:28 P.06
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1=. Remedies Ueen lyahr•lt. If this Agreement Is in default, foltowlnp any nobbn required and to the extent parmtiled by applicable law, you
may require that my unpaid balance, including Interest and other chargea and fees due under the Agreement fend not jim eta in default),
be paid immedletely. if this Adreamant is in default and you are not Immediately paid all amounts due under VO Agreement,
norms to me required by law, you may, demand that I deliver the Vehicle to you, nq=ms Ithe Vah1cW, foreclose on the Ve under
il
y i applicable low; set of My liability an this Agreement apairat any of my d or properly held by you Or any of your aMasbs
4t11(k) and IRA accounts); or pursue any other re(except for
nMdy you have under new. Your remedies eel lartt in the previous two aanltrnces
Z shall be subject to any applicabis cure palled inquired by applicable law, To the atttattt pomkted by appl"Ne taw, 1 veil
.1 cab and expenses, including your actual and reasonable cosh of anftlrotaiant and 00%Mn of pay ON
under iat
,y Apeamont and all actual and reasonable coats and experaes of re+y amount dire and payable balder pile
P110patift for sale or sailing the VttlYde. fi?rch aopeallon
A coolls and expenses shall also iraiude reasonabb stionteye fen to the a t om,
d b
y
to a bankruptcy filing by or against me. Delivery of the Vehicle to you or any Nreh tees aftrq due
not reNeve me of tiny obligation W pay any deli reu of rte VN?le or ate yt nay you take shalt
y whilch may arlog upon tluentelp Wtti to the tfofs u atlent , tttpfad nmy
s?ppicablt obis low. If I am in default of this NOW, I irrevocably appoint you as n m my wish (41 full power d substitution, n to so In my
name any and all certificates of ownership, reDiclralion cabs, eppUggons artefor any dmu d at to transfer ell
right, We and interest in and to the Vehicle. This grant of a power of attorney, being coupled with an knt mt is l my
0 oblig bnz hereunder are fully eatisfed or until judgment is entered. mwtloable Will al of
Is: a . .... 1- 111194214 loop" gob" In the event of defauk, you may, to the.xtent pannWed bylaw. ertl.r
any prenva"
a may =8161 a take possession of 11, togeMor with Ony" In W On the Vehlob. U wharf be
A , You p°^ such session,
required to Y3e legal process or a judicial tltrsee unless required by applicable taw may rsppaeeee the VareFt? after You *W# not be
any notloa or demand for performance it such actions are required by law. Nothing herein ghhrps you any r*M b ante you P?'vide me wily
?O+h any
y promises. Upon my return of the Vehicle to you or your repossession of ft you ehas have the rein nadins provided by I". he
proceeds of any sale or other dleposkion shall be appNod, except me otherwise required by leer: (1) to the actual end fINOrdbe Otal of the
m sale; (2) to the actual and reasonable cost or retaking, prewrkfg for sale and San" and (3) to any amounts I owe under this Agreement,
W butuding delinquency and cotietdlon charges, and attarneys' has as provided for in this Agreement. Any renlairMl paid to
me or otherwise as provided by low. I shall be halo for any deficiency to the extent not lndted by applicable abets I shat be
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der . At rall elease times tro shall beer the fi* of lose, of otintape to, or destfuCti4n of the Vehicle; and any such loss, damp or
V y obligai'rons under this Agreement.
N is. I + Until this Agreement to fuoy paid, I wla maintain an Insurance policy covering the Vehicle in an amount
reanrta ly satia actory to you. I understand that 1 haw the option of fumiehing the required amount of lraun lio tltrou lh exwlup poaoi
0 owned or controlled by me or of procuring and furnishing the required oowrege through any insurer eugnorind to Irsin the state of my residence, provided that the insurer Is reasonably acceptable to you raae! . theft of ision business
0 such other hazards as you may reasonably you. I must inure pa tote risks of Gj then, cal?ion and
"Ire. The Insurance must protect no and you. I must pay the prathittrrt in siOarhp before @@M
policy period Ins and rYe ny
beg ti you proof or payment. You may sign any proof of ion and endorse s
Issued by t e nsuror or its agent as s r payment. 1 any *no before tints Agreement is fully p011001% draft or other ier such l form resin
y , y may buy replacement ep you and me or, If permitted by law, you data. 1 well pay pre plemlume for
such coverage at your request with Interest at the I rata shown In thle AgirMmrertt, I understand that any rep& - rd
0 coverage you obtain may be more expensive and provide lose osverege than hnatraltce that I eotdd obtabt on my awn Dsmagt,
V deerructiln or other I= of the Vehicle will not release me from my obNoptions to you, i veil let you know as soon n I can if the vehicle
s becomes damaged or is destroyed or disappears.
W It UlaaftheyjbM. 1 veil not sal! the Vehicle, pledge It as security for another Joan ive it
PeW141l use wthout . g away, lease it arses. I use it for other than
your wr+lten Permission. I Will use the Vehicle any for personal, f+wmAy err household purposes. WE il not use ft Vahldt
excerpt for?yOUrgs.eunty,r?a?tmtit its takeaMyw VehIC4 b asartoUter OO1nverlehottt n. I veil rtdt aNDw anyone b ttui a
ouch Nan Country. an the Vehicle.
m Vehicle to analher Coon I wiN txxn with the Isis of suclh ooun
Vehicle. I ros and wNhan t wrlteft f permit rite to take the
f violate this Agreement send you repopess tine y retain possession a use of tta oven de ne e? untry. Unless
17. {[On at y?jglR, I will not, without your prior wrbtan
4 epee tl in pangreph a above) cater than for taps with the intent of??al, . I VAN prrolrida Vehicle you wN with p rior ttNl my r writtart ten notice adaddress any ny other site
N change of IwAtion or change of my residence. I Will not abandon tit Vehicle proposed
11• I WIN keep the Vehicle In good condition and repair, I shah pay when der any
bills, low, roes or outer charges on the Vehicle. You may pay any of these bills, if 140 not. If , I ? y repair 'stored
10
you ti+t amount cf such
bills on demmd, with Interest at the Interest rata shown in this Agreement or d such leases raft as smma y be rtghdred r red by
? bylaw.
19. 2mMrnmaet s.tsnra, I will notlty you promptly by telephone confirmed by fax or overnight de y tits Vehkft -? eelzed or levied upon or taken Into custody by any court or other aut is attached. detained,
the Vehicle is or ested or detained an Y, and I Will Immedgdtly talus Slaps to have the Vahktlt relea led. If
3 name to reis or take any government authority, unless prohibited by applicable law, I authorize you or your agents in my
ive possession of the Vehicle and dafend any action and/or discharge any lion.
20. Further Aesuggillm, From time to 4ma I will sign and deliver to you any document and assurances
priority of your security interest In the Vehicle and to help you resell the Vehicle y
you repossess n 1 will area take ON may nhrequire to melmigh
required t the
and maintain perfection of your emdty Interest In the Vehicle. tauros to lie
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WACHOVIA DEALER SERVIC Fax:949-727-754-4857 Jul 16 2008 18:28 P.07
11. i s Acirfamont. If more than ON person signs ft Agreement each person is jointly and aavsrapy
gated to kssp a) promises this Agnte . In ding it* promise to pay the full amount owed. Any oo.dgnar fs alw oNlgated to des
these things. You may enfonre your fights under this Agf"Msnt agra d each puahlrh lard
that any one of us may be required to pay ea of trs amounts owed antler rive AgASmonl. YAf or a gab* Lie together. This means
otrartge or release trio or hef responslbAlty without retaaWin a otherY txa exhraions tc pay w
y an Other t3wner agrosa to ail the tarnta and provolone of !t s ? slgnetory in ate armo vray. Eat2t tureen who Npr? this Agreement as
Agreement, indumrg the sgresmsM b arbanhgs disputes, but not khdudng tltoee
Z provisions relating b the rapaymant at the debt. An Otar Owner agrhee• that such Otter Owner's inter••t in rite Vahids b grsrMed as esouffty
? for the ropsymhent by the perhpen Or perepna obpgeted W repay rho debt.
the No Pr TLis
meal ; wfulll am re and possess the Vehicle free from d prior Anne end encumbrances, accept for your Ilan. I warrant oils to Vehicle. of the vehicle. ponsible for your expenses or lopes it anyone other tier you su
_ fey claims an interest In pars or all
Q 22. Zbpja_of the lesenea, Time is of the eaa•nCS. This moans drat eA required payments must be made on the day due and all char
oosg ions must be peffOrmed a1 firm. N I require additional Acne Its rake a payment or pw brm an otter ebllgalim I undsrstmd that 1 must
* obtain your approval in writing in advance for making a late payment or rendering any other Igo performance, and 1W you are not required to
giw such approval.
? jilt . If any provisos of this Agreement canftot be •nbrCed, the rant of the Agreement apt shy in erect, No AnlandmaM of
this Agroement be valid anise in wn'tng arnd signed by both you and me. You chap haw the free right b aiWlgn trio Agreamsrht and all
ghta hmereund•hshall huretrt? fur auoasaors esd or tran'fer my rl?tts and ?qund•r to anyone.
and pMSOnat represantatvee. hpns, and my obligstoru heroundsr Ube binding agent my hells
24L Waivers. You may delay enforgng any of your rights or Wool not to
enforce your fiphtW WNW I
who has demand ions under trio Agreement wave the fights or praeenlmsnt and notice of dishonor. "PPtOmt?tWMW , to require of them. I and my cow MW
paiqyou, to o d demand payment or amounts due. "Netk/s of dlattonof" means the right b nequln you to &0 notice that amounts due have not ban
2A GamMing Law, This Agreement is Q&Mmed by the laws of the stets of odf mlo. and by the laws of the united tAtshs of Amerta, and
only to the extent required for purposes of realizing on the colotaral, by the saws of the jurledldlan where the Vehiots is baited.
v ARBITRATION At3RilIYI$NT. Upon the demand of sther party hereto, any action, diaputs, claim or controversy of any Idnd ari
patraning to or in connection with this Agreement (induding without itmitadon Issues (apsrding the anlaraaa np out on
and issues arising from she application, proosesing, closing or edootbrt of this loan, and Including bppy of this arbed I o , provision
Z puronased, requested or cbtalned fn otmnodfon hNpfh fho Agream•rtt) strap be reserved by binding arbitration Now" related
ruips of sib these
Nrcr' Arbftn+tton Forum, J•A•M•S, a the American ArbAretiori Associhlon. 1 hew the right to eolect which of these wb*Wjon bane to use
y but N I do not make a fimsly ssleeGon, ynu ma dtooaa one. Achy trrbhation under oft provision shag be Ow ducted within the fsdaral judift
di•yfCt fn which I pvs or at another bcaeon mufualy acceptable to Ins. 1 understand that you will advance my pike, edminisbWon. service or
W Casa mansgemani fee and my arbitrator er hearing lee sA up to a nwx rum of $1000. which may be roimbursed by asddon of the arbitrator in
y the arbkrstoe discrotiOn, Each party shall ha nWponsibo /or its own attorney, OW and other foes. We= awarded
arbthe arbitrator under
ag= law. However, nolwitatanding 1110 bregaing, R la trrtderatood that you will pity one costs end flea of
d as you must pay to assure that this arbltrstlan pro dslon Is anforesebly. Ju Ntadetl the a y court
m having jurisdiction, A demand for arbitration may be made either b•RMW or Wier the U1 gu&m of arbitration any lego g? MW be i a?es
demand made following the initiation of a Iegal proceeding must be made within 90 days folmft "" ` P? provided ththat my
"
ird p"
complaint, c4oss4aim or aounfardaim or any answer th•nfo ar anY amencklent to sa T is a os ne iq, arbitrate
controwrslae and claims includes disputes bstwesn me and your agents, contractors. empbe any of oUh the above, This agroamant in twiy
m dgha to self-help remedies, such as-setoff or sale; an retain nigh aft" eelt or a &dW@ in You and I retain arty
for
A disputes or claims within that court's jurisdiction, unlessl vich action ?nm.d, i es or PPt0S t a nn dfww It n court Nod a action
W arbitration may be ordered pursuant to aria arbitration provision and then OW be no)otrh of parties, o jgk N Of the rips adios
Agreement. This arbitration provision shat be Interpreted under the Federal Arbitration Ark and shall su ehufexvhYs except
the for
parks to thtemenl.
tortninhnion ar mined r of of th Iteo Agreement.
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ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT 16 SUBJECT TO ALL CLAIMS AND DEFEND
DBIiTOR COULD AaaERT AGAINST THE OELLEIft OF GOODS OR SERVICES OBTAINED WITH THE PROCEED2
HEREOF. RECOVERY HEREUNDER BY THE DESTOR SHALL NOT EXCEED AMOUNT! FAIR
HEREUNDER. BY THE DEBTOR
NOTIC! TO 00MUlAlliiRs I. DO not sign this Agreement before you read it, including the stwo4119aNla notioss b•bw, 2. You an
entitled to a copy of this Agreement.
I ogres to the tarns of and acknowledge nmW of a completed ropy of this Agreement and a espy of 111110 Waehovis Dsolor Goewees,
Inc. Privacy Statement.
WACHOVIA DEALER SERVIC Fax:949-727-754-4857 Jul 16 2008 1829 P.08
' OTHIR OWNERS)
I grant you a security Interest In the Vehicle and ogrde to all of the terms and oondiUons of this Aprasm?nt. including the egroement b arbfirate
disputes, but not Indudutg the pmvWcns relating b the repayment of the debL
N
z Other Owner • Owner
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.?i COSIGNER AGREEMENT
The, undersigned ( • herby unconditionally yuarentee the ropsyment of all amounts that bMme due under qte bngoinp Now end 9eGxlty
ttoafy noisy lt I Including afi costs of onrtection, In the sans manner gig if Iles fined the Nate w the.sofMwor. You do not have to
any payments have not boon made Or fi anyone signing the Note has defaulted. You may renew or extend do Note or more
Ito payhtant in rug WORM givirtg mm/we any nolloa. You may oho release or Substitute any property securing this Note without givin m"s
D any nofts. You do not have to so the psre0na signing the Note of sail any property securing the Now b.kra collecting rrom malus under No
c"Ignor Agreement. ,
0 If more than one person signs this Co4igner Agreement, each shall be jointly and severally ohligated hereunder.
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00005 NUMPT FROM LEGAL PROCESS. 1 WAIVE ALL RIGHTS PROVIDER AY LAW TQ CLAIM itICH
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for FalluMAst-Raum V If I am In ds%A you may send me p notice of default. it Is unlowns b tell to return a vehi z the contract lsubject to a security Interest withiri 30 days after recsNring notice of default. A notice of default may be maNed to the address on
my responalWlity to keep the bled address curent. Urtlahryf d allure to ratan a motor vahlde subject ip a secutlty inN?est is cla y year ion gi
pfton be o d a 5150, i 0 Rine are no eggraw(h?4 drour?atarttes, and you have no prior felony eonvkalgns, the maximum penalty Is one dirselly ft ride documentary stamp tax in the V been paid or will be pad to the Anent of Reweus, P the amount required by law has
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the contrary, I VAN tea In hereunder only ) to make one or mare payments required herongedethe r, or n ions event "nigh which
substantially impairs the value of the collsterat,
replacement inMlrarxa : N Insurance lapses or is carhoelad and you teat
N!"Phlom "Odom olsommurs 11 this SO Is &no" by a not coverage, You will IN rt1e kri0ht? and the must Pay amount I nett pay WIN to the preavunt for the
W insurance and a finance charge at the Annual Pamentege RsN shown out the Nots. if I fall to pay yew, and if par ell by law, you may add
the charge to the balance owing under the Nota. You may Incrasse the amount of my acadtded payment in curler to smOtts the etehge by
the time my anal payer Is due. As an alternative and, If I spelfioafy agree, I may hove a larger or balloon anal payment, or the data of the
N finer payment may be extended.
In Now IN execulied :The arbitration agnN txfRtaanetl in this
0 ant s not governed by the h Caroline Undprm Arlo tratidrt Act.
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N 1 I am required to keep the Vehicle I MWW spohlst loss or
maps to the Vehkle With a p*ft In my none that is acceptable to you. I may furnish the required Mouranse buou it any policy I
own or I may purchase Insurance front an Insurar that Is authorized to do btlshms In Texas or an eligible surplus (Ines Inswor, Tim
insurance must name you as the person to be paid under the rilicy In the went of s loss. If you so ngfdos. I must doNwr b you a
3 Copy of the policy and proof of the payment of pratnlums. If I fall to maN any of thsa requka,nsnto you may 9WIn col(ligimll
S protactlon Insurance on my behalf end at my expense, as deserraed in paragraph to of tMis Agreement.
THIS WRITTEN LOAN AGREEMENT REP111IR ITS THE PINAL AGIONMENT dETVtfiigN THE PARTIES AND MAY NOT BE
V CONTRADICTO BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBW411,I6NT ORAL A"KIMENTS OF THE PARTIES.
THERE ARE NO UNWRITTRN ORAL AGREEMENTS DI MgEN THE PARTIES.
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MCA 492364 (11106) - Mulligmto pogo 5 of a
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WRCHOVIR DEALER SERVIC Fax:949-727-754-4857 Jul 16 2008 1829 P.09
I dive up (wales) my cotnrnon law rights to receive notice of Intent to accele?afe and nedoe of acceleration. TW ateens that I gin up
the right to moaive nogce that you intend to demand that I pay ell that I ewe on this Contrset at once I;accelare" and notice that you
have accelerated.
Limit &-melft 11-tangigag MaNco (if this Mob Is Examided.by a Utah Pus I As requked by Utsh low, you obligations, your crodk
Z negative credit report mfbcffnp on your credit record may be submmed to a WWX reporting agency If you tail to (uM# the hereby Im g il that a
that you are equally 1191;1e for repayment of this n. the bonovnar doge Notice to C0419nar; Your eignetuM en this Note means
A
rat pay, the lender hee a lapel MM to colep fmm you.
attorneys' fees are n1d and the prwAslons in this The Provisions of this Agreement e expenses for me b pay
Q realizing on a security interval. including coots and fees authc ? MW for me to pay cdieotlcn we limited In roasonet>lW Inoltrrsd In
by statute.
D CE IN Ou OF aU c
OBTAINED AND PAID FOR BY MR; BUT, FOR REASONABLE CAUSE, YOU MAY
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I HAVE THE ONTRMED BYTMIL OR THROUGH A POLICYOTO BE
DECLINE THE INSURANCE I PROVIDE.
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unsworn falsifications to authorities, that he/she is
( 1 (? (Name)
CI,? ?4rzf 4 `S au Ell1 S of plaintiff herein, that
(Ti e) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his/her knowledge, information and belief.
(Signatur
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05081 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WACHOVIA DEALER SERVICES INC
VS
JUMPER TODD S
STEPHEN BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
JUMPER TODD S the
DEFENDANT , at 0920:00 HOURS, on the 3rd day of September, 2008
at 2163 RITNER HWY
SHIPPENSBURG. PA 17257
by handing to
PAULINE JUMPER, MOTHER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 18.00
Affidavit .00
Surcharge 10.00
00
9/o4l?sr 46.-00
Sworn and Subscibed to
before me this day
of ,
So Answers:
r p
R. Thomas Kline
09/04/2008
WELTMAN WEINBERG REIS
By:
eputy Sheriff
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WACHOVIA DEALER SERVICES INC
Plaintiff
vs.
TODD S JUMPER
Defendant
No. 08-5081 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY
James C. Warmbrodt
PA I.D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6933133
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WACHOVIA DEALER SERVICES INC
Plaintiff
VS. Civil Action No. 08-5081 CIVIL TERM
TODD S JUMPER
Defendant
PRAECIPE TO SETTLE. DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. arm rodt
PA I.D # 524
WELT I INBERG & REIS CO., L.P.A.
1400 ppers uilding
436S enth venue
Pittsb rgh, A 15219
(412) 3 955
SWORN TO AND SUBSCRIBED
before me this day
of \?2008
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