HomeMy WebLinkAbout08-5680ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159
Attorney for Plaintiff
COMMERCIAL ACCEPTANCE CO IN THE COURT OF COMMON PLEAS
Assignee of Americhoice F.C.U. Cumberland COUNTY, PENNSYLVANIA
Plaintiff
v
LIONEL FURMAN and CIVIL ACTION - LAW
LEROY FURMAN, SR.
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
COMMERCIAL ACCEPTANCE CO
Assignee of Americhoice F.C.U.
Plaintiff
v
LIONEL FURMAN and
LEROY FURMAN, SR.
Defendants
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
NO. OF. '?rc'Pb 0"-
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, COMMERCIAL ACCEPTANCE CO., by its attorneys, KODAK &
IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum
of EIGHTEEN THOUSAND SIX HUNDRED FORTY-EIGHT DOLLARS AND FORTY-
THREE CENTS ($18,648.43), along with interest thereon at the rate of 10.65% from
August 1, 2008, upon a cause of action of which the following is a statement:
1. The Plaintiff, COMMERCIAL ACCEPTANCE CO, Assignee of Americhoice F.C.U.,
is a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, having its principal office and place of business at 2 West Main
Street, Shiremanstown, Pennsylvania 17011.
2. The Defendant, LIONEL FURMAN, is an adult individual residing at 5021 Locust
Street, Philadelphia, Philadelphia County, Pennsylvania 19139.
3. The Defendant, LEROY FURMAN, SR., is an adult individual residing at 5014
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC 34720 Americhoicempd 2
Locust Street, Philadelphia, Philadelphia County, Pennsylvania 19139.
4. On or about April 1996 Defendants submitted an application for credit to
AmeriChoice Federal Credit Union, a true and correct copy of which is attached
hereto, marked Exhibit "A" and made a part hereof. Said Application was received
by and approved by Plaintiff at Plaintiff's Main Office at 20 Sporting Green Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
5. Thereafter, on or about April 18, 1996, Defendants signed, under seal, a Consumer
Credit Disclosure Form, Promissory Note and Security Agreement, a true and
correct copy of which is attached hereto, marked Exhibit "B" and made a part
hereof, agreeing to repay their loan to Plaintiff.
6. Defendant, Leroy Furman, Sr., specifically signed and agreed to be a cosigner of
said loan as set forth on the Notice to Cosigner document signed by Leroy Furman
Sr, and attached hereto, marked Exhibit "C" and made a part hereof.
7. On or about May 1996, Defendants defaulted on their obligation to make payments
on the aforesaid loan by failing and/or refusing to honor the remaining contract
payments, and Defendants were notified of said default as more fully shown on
Plaintiff's July 23, 1996 letter to Defendant, a true and correct copy of which is
attached hereto, marked Exhibit "D" and made a part hereof.
F:\USER\ROBIN\CCP&DI CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC 34720 Americhoice.wpd 3
8. On or about September 28, 2006, said account was sold to Plaintiff, Commercial
Acceptance Co, as set forth on the Loan Sale Agreement attached hereto, marked
Exhibit "E" and made a part hereof.
9. The principal balance due and owing by Defendants to Plaintiff is the sum of Seven
Thousand Four Dollars and Ninety-Six Cents ($7,004.96) as set forth Plaintiff's
Statement of Account attached hereto, marked Exhibit "F" and made a part hereof.
10. Due to the default of Defendants, interest at the rate of 10.65% has been added to
the account through July 31, 2008, in the amount of Eight Thousand Five Hundred
Thirty-Five Dollars and Forty Cents ($8,535.40) as shown on Exhibit "F" hereto.
11. The balance due and owing by Defendants to Plaintiff is the sum of Fifteen
Thousand Five Hundred Forty Dollars and Thirty-Six Cents ($15,540.36) as shown
on Exhibit "F" hereto.
12. Due to Defendants' default and pursuant to the terms and conditions of the
Consumer Credit Disclosure Form, Promissory Note and Security Agreement,
signed under seal, attached hereto as Exhibit "B", attorney's fees in the total amount
of Three Thousand One Hundred Eight Dollars and Seven Cents ($3,108.07) have
been added to said account.
13. Plaintiff frequently demanded payment from Defendants of said amount due and
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC 34720 Americhoice.wpd 4
owing as aforesaid, but Defendants refused and neglected and still refuse and
neglect to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of
EIGHTEEN THOUSAND SIX HUNDRED FORTY-EIGHT DOLLARSAND FORTY-THREE
CENTS ($18,648.43) along with interest thereon as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
FA USER\ROBIN\CCP&Dj CMPS\CCP COMPLAINTS\COMMERCIAL ACCEPTANCE CO\CAC 34720 Americhoice.wpd 5
CONSUMER CREDIT DISCLOSURE FORM, PROMISSORY NOTE AND SECURITY AGREEMENT
n this agreement the words "you" and "your" means each person who dit§fts, this agreement. The "credit union" means the credit union whose
lame appears below and anyone to whom the credit union transfers its rights under this agreement. The terms on the reverse side are part of this
agreement. Boxes checked below apply to this agreement.
MAXIMUM MONTHLY MAXIMUM AMOUNT OF LOAN INSURABLE MAXIMUM AGE FOR INSURANCE
DISABILITY BENEFIT Life Disability Life Disability
600.00 507000 NONE 65
If the Insured is totally disabled for more than 14 days, then the Disability Benefit will begin with the 15TH day of disability.
"You" or "Your" means the member and the joint insured (if applicable). Credit insurance is voluntary and not required in order to obtain this loan.
You may select any insurer of your choice. You are applying to the Society for credit insurance on your loan. You agree to pay the premium charges
shown below. DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY BLANK SPACES. This application Is void and will not be used in a contest
if all blank spaces have not been completed, If the member has not signed and dated the Application, and If the Application has not been witness-
ed. The following statements made by you are representations and are true to the best of your knowledge and belief:
CREDIT LIFE INSURANCE CREDIT DISABILITY INSURANCE
Are you under age 65? )(Yes ? No On this date, are you presently actively at work and regularly perfor-
ming all of the sual duties of a gainful occupation a minimum of 25
` hours a week? F Yes ? No If no, why not?
Date
31 of ember
Are you under age 65?? Yes ? No
P&,A^A- Insured (co-Borrower) (only squired If Jahn creek Life coverage Is i Date
1?7- 8t!
/d/?j
(Bsco ary Bengft if you desire to name one)
COVERAGE SELECTED Yes No (Secondary Beneficiary if you desire to name one)
Single Credit Life YES YES
. COVERAGE SELECTED Yes
Joint Credit Life No Credit Disability YES
APP. 800 0788 PA
APP. 810 0788 PA
Initial Amount of Loan Insurance Charge Monthly Term of Certificate Effective Date
Payment/Benefit in Months of Certificate
t D $ 8686.09 CD $ .60 $ 202.77 CD 36
CL $ 8686.09 *CL $ 123.34 CL 36 4/11 96
Mo. Day Yr.
I I Credit Union Name and Address
AMERICHOICE FEDERAL CR UN
MECHANICSBURG, PA 17055
Policy 037-1849-3-000-02 Rate of
No. Interest 10.650
Cert. CV833120 Loan No.
No. 104'7963
1,..V.....e sofa 4/,18/961No
Loan
Date of Birth
Mo. Day Yr.
Member insured
Joint Insured
Member Name and Address
FUR"AIN LIENAEL
4715 CEDAR AVE
PHIL.A_ PA 191430000
-BUR : FLI<#I!'I 31 SR . LEROY
% Account No.
0+CO02b071-+1161
Joint Insured's Name
F11H W4 v SR _ LEROY
DISCLOSURE
oed , TOW Of `Payments f!U
hMrf, e?lN? ;i)IQ?. F'M!r
rd to you or TM amount you will
?w+ made !A pq r 111*10* N
W
YOU I
When
' #. 5
i.
> .' ca-from
i. "tt you
i t 41
946
T
?..,... :,,-__ . - •,-.___ __J AAA-Ann
Credit Union Name and a?cidrt? s iFll.lM LIOIEL M
ANMERICHI_II1=E FEl:ll.=l A9. t;R UN 471: CEDAR AVE
MECHANICSBURG, 170155 PHTL.A. PA 191430000
I : F1.9FtMM } fR . LE ROY
Policy Ct7-1 X348- = yrt) t:) (-)2-1 Rate of Account No.
2!b071-Q61
000026071-061
Interest 10-650 010
No.
Cert. t1V6312t? Loan No. Joint Insureds Name
1007963 IFLW*IAIN,Sit. LEROY
No. --
Loan
Disclosure Date 4 a I. F3 4 9,.,l
NNUAL PERCENTAGE RATE FINANCE CHARGE Amount !"Inanced Too of Payments epayment: if you pay off early you
rate. The dollar amount the credit will cat The amount 01 credit provided to you or The amount you wile have Pao wMn You WiN not have to pay 8 penalty
The cost of your cradle as w yearly have made ale paymerus m achWuNC equlrod Deposit: The Annual
you. on your behak. Percentage Rate does not take into
10. 650 % $ 1500 w i37 $ 8686.09 $ 1C41M. 96 stxcount your required deposit, if any..
When Payments Are Due Property Insuranoe: You may obtain property insurance from
Your Number of Payments Amount of Prtyntents "O"TIL,Y, anyone you want that, is`acceptable to the credit union. If you
Payment .97 F 5/18/96 get the insurance from the credit union you will pay
will be'. ,24/18/99 $ 0.00
will be: 1 ',? 01 . .
Security: Collateral Securing other loans withtt*creditunion the goods or pro-
may also`seoure this loan: You are giving a Security interest psrty being, Other.
In your shares arWor deposit in this credit union 'snit purchmad. (Describe)
Filing Fees Non-filing fnsurance
Oa 0.?
Late Ch>rt DAILY i sT RAC ,: . ? $
See your coh sfocuments for any edditlonahlrtfont>rDn about ft, rtrtd any i tM drtt•.
ITEMIZATION 686 AMOUNT AMOUNT PAID PREPAID OF AMOUNT xy GIVEN TO YOU 0.00 ON YOUR 0.00 FINANCE 0„00
DIRECTLY $ ACCOUNT $ CHARGE $
FINANCED OF $
Amount $ 373.94 For Credit Insurance $ 0312.15 To DICE 26071060
Paid to 0.00 To $ 0.00 To
Others on $
Your Behalf $ 0.00 To $ 0.00 To
Mm Off -
Promise to Pay: You promise to pay $ to the credit union plus interest on the unpaid balance at % per year
0696.09 10.650
until what you owe has been repaid.
Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement, including court costs and reasonable attorney fees.
MODEL YEAR I.D. NUMBER TYPE VALUE
Security Offered:
Other Describe :
You Pledge Shares $ Acct.# $ Acct.#
and/or Deposits of
If you agree to make and be bound by the terms of this Note and Security Agreement sign below. If you are not a borrower but an owner of the
the box for "Ow
check
below and
collatera this
the CAUTION IT ISIIMPORTANT THAT YOU THOROUGHnREAD THI a CO Ty doCT BEFORE OUnSIGN IT terms of the Security Agreement.
Agft
/4/ wer (SEAL) G
(SEAL) Date 'tn jDat
X `/ /
(sue) Q
Vrro'wer ver ? r of Coll oral (other than a mower) D?Ite (p/? . it
(SEAL)
? Own of ollaterai (other t n a Borrower) Date W e Date
(SEAL) X (SEAL)
X 7C'27L`O aa?r•. (?!c
0 CUNA Mutual Insurance Soc" 1980, 1982, 1984 All Rights Reserved
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P AmeriCh
F E D E R A L C R E D I T
July 23, 1996
Lionel Furman
4715 Cedar Ave.
Phila, PA 19143
U N I O N
Re: Loan #26071-061 Balance $8,561.75 Past Due $488.91
Dear Mr. Furman:
Your loan is now two (2) payments past due. I noticed that you have not made the required
monthly payment of $282.97. At the time I made this loan, both you and the co-maker were
aware of the payment amount and when it was due.
I can not permit this payment pattern to continue. Nor will I get into a pattern of having to
contact you and your co-maker each month for a payment. As I see it you have several
options available to you; 1) Borrow funds from another financial institution and payoff our
account, 2) Bring the account current and make the required monthly payments, 3) Co-maker
will have to make the payments, 4) Ignore your obligation, upon which we will be forced to
exercise our rights to protect our interest in this matter.
I urge you to contact me upon receiving this letter to discuss your situation and which option
you prefer. I hope to appeal to your better judgement and avoid any further adverse action.
Sincerely,
osepli ampese
Branch Manager
cc: Leroy Furman, Sr. (co-maker)
Main Office: 20 Sporting Green Drive,
2005 Market Street, Philade
oice
?I?rr
3474 • Fax: (717) 697-3713
: (215) 851-4460
33'7/3
LOAN SALE AGREEMENT
THIS AGREEMENT, made September 28,2006, by and between AMOChoice Federal Credit
union, 20 Sporting crew Drive, Mechanicsburg, PA 17055, on behalf itself and All Of
0i
affiliates (hereinsft referred to as "S&Ike ), and Commercial Acceptance Company, 4
Jonestown Road Suite 247, Harrisburg PA 17109 (her4neRer referred to as "ON)'00).
1. In consideration of A070.39 (Five thousand seventy dollars and thirty nL= cents) Payable by
bank check or by wire transfer, the Sell hereby x? ed or liability except as herein Mressly set
without recourse, warranty, either expre o ?P loans, or
forth, all those installment sale contracts, credit agreement, itavolces, h146btedneat,
other obligations and any instruments sewing same (Wmhufter rcftxrcd to as "Receivables")
which are listed in Schedule A attached hereto and made a part hereof, except any thereof which
shall have been settled in full on or before the closing date of this sale. The sbove pmrbme strap
include transfer to Buyer of all physical records and files in Sellers possession relating to said
Receivables.
2. With respect to the above Receivables, the Seller warrants that:
a. It has complied. to the bwt of its making knowledge and
collection of the Receivables, ue upl state to the dand ate off
laws, and regulations relating to the
the relevant sale.
b. It owns good and marketable title to all of the Receivables, flee and clear of all liens and
Plc. It has full power and authority to sell, assign, transfer and convey the Receivables to the
Buyer, and all other necessary proceedings on the part of the Seller have been duly taken to
audwrize the sale.
d. All of the Receivables were made for valuable consideration and are now legally enforceable
obligations of the respective persons shown as indebted thereon, except as tray be limited by
statutes of limitations, bankruptcy, insolvency, moratorium, receivership, NP,
reorganization or similar laws affecting the rights of creditors generally or equitable
principles limiting the right to obtain specific performance or other similar relief
e. The persons shown as indebted on the Receivables have not initiated any lawsuits,
Seller, and such persons have no legally enforceable rights to set-off, counterclaim,
or legally enforceable claim that the Receivables suffer from lack of consideration, forgery or
alteration of such person's signature, except as may be disclosed or contained in the relevant
file or documents. on the
f. The amounts shown on the hard copy and computer files to be owing and unpaid
respective Receivables represent the amount due. Upon written request to Seller by Buyer, and in
accordance with guidelines on Exhibit A, Seller agues to repurchase all accounts that, prior to
the date listed in Exhibit A part VI, are:
i) involved in bankruptcy proceedings,
ii) Receivables where the debtor is deceased without an cam,
Iii) originated by fraud
iv) settled or paid Receivables.
Buyer•will have ninety (90) days from the date of this Agreement to deliver to Seller these
accounts and supporting documentation as described in Exhibit B. Seller wi 11 repurchase those
qualified accounts for the same pe=- ntage of the net outstanding balance that Buyer paid for
EXHIBIT Fw-
such Receivables, unless such condition was disclosed to Buyer in writing prior to the date of
this sale. the Rwelvables.
g. 'There are no judgments against Seller, which mould become a lien against
3. Seller agrees that if, as to any of the Receivables, any of its warranties inri brbreached
any claim of defense exists against Buyer arising out of a breach of any
willrepurchase such Receivables on written demand with proof of the breaeb for the Mne
percentage of the net outstanding balance that Buyer paid for such Receivables. Such repurchase
shall be Buyer's exclusive remedy for any such breach.
4. Buyer shall not assume or incur liability for any debt, other obligation of Seller, other than as
herein provided.
5. Buyer may advise debtors who are obligated on the Receivables that it has purchased such
Receivables and that all payments thereon shall be made to the Buyer and all legal and other
action respecting the Receivables shall be taken by Buyer in its own name and not the name of
Seiler.
6. Seller hereby constitutes and appoints Buyer the true and lawful special attorney-inn-fact of the
Seller in the name and stead of Seller, on behalf of and for the benefit of Buy other o
name of the Seller without recourse upon all checks, drafts, notes, powers
exchange received as payment on any of the affected Receivables.
7. Seller further agrees that any payments received by the Seller, or any of Seller's agents, on
said Receivables from and after the close of business on the date of this Agreement shall be
turned' over and delivered to Buyer at the time of the consummation of this Agreement. If the
Seller receives such payments after this Agreement is consummated, Seller shall turn them over
to Buyer within 20 business days.
8. This agreement and any disputes arising under or as a result of the negotiation or execution of
this agreement shall be governed by and its provisions construed under the laws of the state of
Pennsylvania, and Federal laws where applicable. In any litigation between the parties to this
agreement, the maximum recovery to the prevailing party shall be limited to the consideration
given by that party under this contract, together with the prevailing party's reasonable and
necessary attorney's fees. In no event shall Seller be obligated to return any fitness to Buyer
unless Seller receives from Buyer all physical and electronic receivables to which such flints is
attributable together with any sums collected by Buyer on such receivables.
9. Buyer represents and warrants to Seller that:
L It is a sophisticated investor and its bid for and decision to purchase the account Package
pursuant to this Agreement is and was based upon Buyer's own independent evaluation of the
information made available by Seller to Buyer, and Buyer's independent evaluation of the
Account Package. Buyer has relied solely on its own investigation and not an any oral
information provided by Seller or its personnel or agents other than information in the Account
Package, the representations and warranties set, out in Item #2 of this Agreement, and any
schedules or exhibits attached. Buyer acknowledges that no employee or representatives
of Seller has been authorized to make, and the Buyer has not relied upon, any statements other
than those specifically contained in this Agreement, or in the Account Package.
b. It is qualified to transact business and duly licensed in all jurisdictions where necessary to
purchase, hold, collect or enforce the Receivable or any amounts due thereon.
c. It has full power and authority to purchase the Receivables from Seller and that all noeess Y
proceedings on its part have been dually taken to authorize this purchase.
d. It will attempt to comply with all applicable laws, rules, regulations, ordiiuaces and judgments
relating to or in any way affecting the purchase of the Receivables by Buyer, the ownership
thereof by Buyer or the collection or enforcement thereof by Buyer.' relating
e. It will comply with all applicable taws, rules, regulations, ordinances and or in any way affecting its collection procedures.
f. It acknowledges that the Assets, the Asset Documents, and the Collateral, if any, may have
limited or no liquidity. Also, the Buyer has the financial wherewithal to own the Assets for the
indefinite period of time and to bear the economic rl* of an outright purchase of the Assets and
a total loss of the Purchase Price for the Assets. ???
g. Buyer will indemnify and hold Seller harmless from any and all claims, demands,
causes of actions, suits, judgments, actual or punitive damages, statutory paulties, costa, fees
and expenses arising from or in any way connected with Buyer's attempt(s) to collar on any
Receivable or concerning the failure of Buyer to keep or comply with any term, condition,
representation, warranty or agreement contained herein or the incorrectness or falsity of any
representation or warranty, which is or becomes untrue in any material respect. The Seller
agrees that the Buyer will have no responsibility and will be fully indemnified for all losses,
judgments, damage, expenses, and/or other costs (including all fees and cost of legal counsel),
for any acts or claims created by Seller. An controversy
h. The parties will negotiate in good faith in an effort to resolve any dispute. Y
concerning this Agreement, which the parties cannot resolve within thirty days, will first be
directed to a private mediator upon whom the parties agree with all expenses being shared
equally by the parties.
i. Buyer agrees to make a good faith effort to collect the outstanding balance: due fimn the debtor
prior to commencing any litigation proceedings. of the Cirunm-Leach-Bliley
j. The Buyer agrees that it will comply with the re"iremants This
legislation and any subsequent interpretations or regulations relating to the legislation. _ consumers.
concerning
legislation addresses the sharing of nonpublic personal information
by
R is the policy of Seller to not share such information in ways prohibited
Bliley, and it is a condition of this sale that Buyer protect such information frrom unaudiorized or
improper disclosure.
10. This Agreement represent.` the entire agreement between the parties. Thm are no promises,
inducements, represents, or warranties not expressly stated herein. This Agreement may not be
modified except by written instrument signed by all of the parties hereto. This Agreement
supersedes any prior understandings or written or oral agreements between the parties respecting
the Receivables, or the rights and obligations of the parties hereto.
11. This Contract will be effective upon receipt by Seller of a wire transfer, Cashier's Check,
Business Cheek or Money Order for the full amount of the purchase.
ANY SCIRIMLES. OR EXHIBITS ATT'ACBED )ELBE TO BZCOME A PART OF AND
ARE INCORPORATED PM TINS AGREEMENT.
Date
any /Dafie By: Carl Succa
Vice President of ding President/CEO
AmeriChoice P 1 Credit Union Commercial Acceptance Company
SCHEMA
HM AgGjw" a, ALA= DUE
Lionel Furman $7,004.96
UwW Furman 1770.73
r
STATEMENT OF ACCOUNT
Lionel & Leroy Furman
File No: 348225
Original Loan Date: 4/18/96
Original Loan Amount: $8,686.09
Date of Charge-Off by Americhoice FCU: 2/20/97
Balance at time of Charge-Off: $8,328.80
Post Charge-Off Payments To Credit Union: $1,323.84
oov .?4
Accrued Interest Since Charge-Off at 10.65%: $8,535.40
Balance Including Interest Through 7/31/08: $15,540.36
ExxisTT F
VERIFICATION
I C&rl Sye-C,4- , Jto..n? ,
' (name) (title)
of COMMERCIAL ACCEPTANCE CO, verify that the statements made in the aforegoing
document are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities.
Com ial A e nce Co
By:
Title: r?
Dated: $ 0
34720
Furman
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-05680 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCIAL ACCEPTANCE CO
VS
FURMAN LIONEL ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
FURMAN LIONEL
to wit:
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PHILADELPHIA
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On October 21st , 2008 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Philadelphia 152.00
Postage 3.29
192.29 ?
10/21/2008
KODAK & IMBLUM
So ans
R. Thomas K ine
Sheriff of Cumberland County
10) QjSa4 7'",
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-05680 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCIAL ACCEPTANCE CO
VS
FURMAN LIONEL ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
FURMAN LEROY SR
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PHILADELPHIA County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On October 21st , 2008 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs: So answers•
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00-
?/ ro??ploP
16.00
10/21/2008
KODAK & IMBLUM
Sworn and subscribe to before me
this day of ,
A. D.
t
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ccnvercial Acceptance Co
VS.
Lionel Furman et al No 08-5680 civil
No.
Serve: Lional Furman
Now, September 29, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, ec fd , 20 DL, at 9:0( o'clock M. served the
within
upon L t R t? i i L! n!? ?'
at SD l cut i SI>r? l
by handing to SE ,4 ?v r= ci)2 Al y y L ?Q?'1C Sty (l
a
and made known to
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MELISSA H. KAPLAN, Notary Public
City of Philadelphia, Phila. County
mi gior„ Ex ires March 29, 9091,
Sworn an subscribed b fore
e this VTL day of 20
copy of the original
So answers,
the contents thereof.
?t YD t?e,s s ?-N ? <
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ca merci.al Acceptance Co
vs.
Lionel Fumian et al
Serve: Leroy Furman Sr.
No. 08-5680 civil
Now, September 29, 2008 , I. SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland C my Sheriff. Thank you.
Affidavit of Service
non
Now, Dl? U 20-a at o'clock M. served the
within
upon
at
by handing to
a copy of the original
and made known to
Itn 0T' 5E"e b
?IaP?nt? bu{Id?? c?.?su
confum?d vamnq
()e,?ghlao r d-] 561 ?I.
Sworn an ubscribe ore
lie this day of 20
So answers,
the contents thereof.
COSTS
SERVICE
MILEAGE
NOTARIAL SEAL
MELISSA M. KAPLAN, Notary Public
City of Philadelphia, Phila. Count
R. THOMAS KLINE
Sheriff
EDWARD L SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Deputy
Please mail return of service to Cumberland County Sheriff.
TO: Hon. John Green
Philadelphia County Sheriff
Dear Sheriff:
RE: Commercial Acceptance Co
VS
Lionel Funnan et al
08-5680 civil
Enclosed please find Notice and Complaint
Thank you.
to be served upon 1. Lionel Furman 2. Leroy . Furman Sr.
5021 Locust Street 5014 Locust Street
Philadelphia, PA 19139 Philadelphia, PA 19139
in your County.
Kindly make service thereof and send us your return of service.
-Enclosures:
Very truly yo F,
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
•
COMMERCIAL ACCEPTANCE CO, Assignee
of AmerichoiceF.C.U.
Plaintiff
v.
LIONEL FURMAN and LEROY FURMAN, SR.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-SW CIVIL
CIVIL ACTION -LAW
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Please enter judgment in favor of Plaintiff and against Defendant(s) .i3 ROY
FUWAN, Sit., (ONLY), named for failure to file within the required time an
Answer to the Complaint in the above-captioned case and assess the Plaintiffs
damages as follows:
Amount claimed in Plaintiffs Complaint $18,648.43
Interest at the rate of 10.65% per annum from August 1, 2008 27.50
Total = $19,475.93
I hereby certify that a written Important Notice of the intent to file this Praecipe was
mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after
the default occurred and at least ben (10) days prior to the date of the filing of this Praecipe
and a copy of the notice(s) is/ are attached.
KODAK & P.C.
By
Robert D. Kodak, Attorney for Plaintiff
DATED: 1/057/D 9 Judgment entered and damages assessed as above.
othono
In The Court of Common Pleas of Cumberland County, Pennsylvania
Camercial Acceptance Co
VS.
Lionel R=man et al
Serve: Lional Forman
No. 08-5680 civil
Now, September 29, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
?A4 .?-
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, ec fd ?ell , 20 Of, at 9: 0f o'clock ? M. served the
within
upon ?- di?
of /V
at SAD l y v e u< r S 121 ?ZL.q 2
r - 7 l ?9
/,W , l
by handing to
a copy of the original
and made known to the contents thereof.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MELISSA H. KAPLAN, Notary Public
City of PhOWeiphia, Phila. Counttyy
for mims March 20, Otit
Sworn an subscribed f re
e this day of 20?L
So answers,
- rro U-Ss %,e-" k-.<
J
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
` LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.kodak-imblum.com
December 10, 2008
MR LEROY FURMAN SR
5014 LOCUST STREET
PHILADELPHIA PA 19139
FILE COPY
Telephone
717.238.7152
Facsimile
717.238.7158
RE: Commercial Acceptance Co., Assignee of AmeriChoice FCU
VS: Lionel Furman and Leroy Furman, Sr.
Our File No. 34720
No. 08-5680 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Furman:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/ bjh
enclosure
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
cc CARL SUCCA PRES
COMMERCIAL ACCEPTANCE CO
PO BOX 3268
SHIREMANSTOWN PA 17011
348225
COMMERCIAL ACCEPTANCE CO, Assignee of
Americhoice F.C.U.
Plaintiff
V.
LIONEL FURMAN and LEROY FURMAN, SR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-5680 CIVIL
: CIVIL ACTION - LAW
IMPORTANT NOTICE FILE COPY
TO: LEROY FURMAN, SR., Defendant(s)
DATE OF NOTICE: December 10, 2008
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS. PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT
A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
tom`'-a ?j
A , . +
COMMERCIAL ACCEPTANCE CO, Assignee
of Americhoke F.C.U.
Plaintiff
v.
LIONEL FURMAN and LEROY FURMAN, SR.
Defendant
TO: LEROY FURMAN, SR., Defendant(s)
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-5680 CIVIL
CIVIL ACTION -LAW
You are hereby notified that on %)an 5 , 2009 the following
(judgment) has been entered against you in the above-captioned case.
udgment entered in the amount of $19,475.93
DATE:
othono
I hereby certify that the name and address of the proper person(s) to receive this notice is:
LEROY FURMAN SR
5014 LOCUST STREET
PHILADELPHIA PA 19139
OF THE PRO*TARY
2111 MAY I I Ph 1: 16
10A?q
V&,M
ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 ATTORNEY FOR PLAINTIFF
COMMERCIAL ACCEPTANCE CO. `•. IN THE COURT OF COMMON PLEAS
Assignee of Americhoice F.C.U. CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
v I NO. 08-5680
LIONEL FURMAN and
LEROY FURMAN, Sr. CIVIL ACTION - LAW
Defendant(s)
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-referenced matter for service upon
Defendant(s) as follows:
Lionel Furman
5021 Locust Street
Philadelphia, PA 19139
TO: Cumberland County
Prothonotary
Robert D. Kodak Attorney for Plaintiff
Attorney I.D. No. 18041
Email: robert.kodak@kodak-imblum.com
Dated: May 7, 2010 $10.00 pp M11
ul 13(780
P,* 14 1874
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
C f-, ?? rr
Ronny R Anderson
Sheriff
Jody S Smith t ,I I .. =a = x' c
Chief Deputy C?.• ti '+ a i J i v 4
Edward L Schorpp'"" '
Solicitor OFFICE C F T,zE "ERIFF
rrZ tiyv7,L.1rri Commercial Acceptance Co.
vs.
Lionel Furman (et al.)
Case Number
2008-5680
SHERIFF'S RETURN OF SERVICE
05/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Lionel Fruman, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Philadelphia County, PA to serve the within Complaint and
Notice according to law.
05/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Leroy Furman Sr., but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Philadelphia County, PA to serve the within Complaint and
Notice according to law.
05/20/2010 Philadelphia County Return: And now, May 20, 2010 at 1646 hours I, John D. Green, Sheriff of
Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry fo
Leroy Furman Sr. the defendant named in the within Complaint and Notice and that I am unable to find
him in the County of Philadelphia and therefore return same NOT FOUND. Request for service at 5021
Locust Street, Philadelphia, PA 19139 is vacant.
05/20/2010 Philadelphia County Return: And now, May 20, 2010 at 1646 hours I, John D. Green, Sheriff of
Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry fo
Lionel Furman the defendant named in the within Complaint and Notice and that I am unable to find him in
the County of Philadelphia and therefore return same NOT FOUND. Request for service at 5021 Locust
Street, Philadelphia, PA 19139 is vacant.
SHERIFF COST: $53.00
June 04, 2010
SO ANSWERS,
RONWY- R ANDERSON, SHERIFF
{c} CountySuite Shenff. Teleosoft, Inc-
w
i
In Tlie Court of Common Pleas of Cumberland County, Pennsylvania
Commercial Accpetance Co.
vs.
Lionel Furman
5021 Locust Street
Philadelphia, PA 19139
Civil No. 2008-5680
Now, May 12, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
of Cumberland County, PA
1 CU Y ?'
Affidavit of Service
rb(I
Now, U , 20 It) , at q: o'clock TM, served the
within____CDj2L
upon
at
by handing to
a
and made known to
copy of the original,
the contents thereof.
Sworn an subscribed befo SERVICE
his da o ,20 ?0 MILEAGE
AFFIDAVIT
y
?l?l? a ® :
s
o? ??.nr e?
IS YaCAnf
WfA L01r)dozv..5 boar
MELISSA ri diA,PLAN Notary Public
City of Philadelphia, Phila. County
M Commis?iMn ?x lra? ?Rai^}???, n?92