HomeMy WebLinkAbout01-6611IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
RICHARD F. WILSON
Defendant
/
COMPLAINT IN REPLEVIN
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.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02332750
-TI It/ OPY' FROM RECORD
Th '¢'(--d , ·
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
RICHARD F. WILSON
Defendant
Civil Action No. ~::>1 - (,~, II
COMPLAINT IN REPLEVIN 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. OF 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 SERVICES
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3466
COUNT I - REPLEVIN
1. Plaintiff is a corporation having offices at 6750 Miller Road, Brecksville, OH 44141.
2. Defendant is an adult individual residing at 107 Old York Road, Lot 11, New Cumberland,
Cumberland County, Pennsylvania 17070.
3. Plaintiff is the holder of a Retail Installment Contract Without Real Estate (hereinafter the
"Contract") and Security Agreement secured by a mobile home duly executed and delivered by
Defendant in favor of Royal Finance of PA Inc. on or about March 31, 1997. A true and correct copy of
the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof.
4. Pursuant to said Contract and Security Agreement, Defendant took possession of the
mobile home more particularly identified in the Contract as a 1991 Derose Amherst, Serial Number
D 1232455.
5. Royal Finance of PA Inc. subsequently assigned its right, title and interest in said
Installment Sale Contract and Security Agreement to Plaintiff.
6. Under the terms of the Contract, Defendant was to make 120 (one hundred twenty)
consecutive monthly payments of $237.02 beginning April 30, 1997.
7. The total principal amount due to Plaintiff pursuant to the Contract was $16,355.00.
8. Plaintiff maintains a first lien on the aforesaid mobile home by virtue of the Certificate of
Title issued by the Commonwealth of Pennsylvania Department of Transportation, a true and correct
copy of the Certificate of Title is attached hereto, marked as Exhibit "2" and made a part hereof.
9. Defendant is in default of the terms and conditions of the Contract because Defendant has
failed to make the required monthly payments since July 30, 2001.
10. Plaintiff is entitled to immediate possession of said mobile home which Plaintiff holds a
security interest in and any proceeds of the mobile home, including insurance proceeds by virtue of
Defendant's default.
11. Defendant has made partial payment under the Contract leaving an unpaid balance in the
amount of $13,092.43 as of July 30, 2001.
12.
annum.
Plaintiff avers that the Contract provides for finance charges at the rate of 12.25% per
13.
$223.89.
Plaintiff avers that finance charges from July 30, 2001 to September 19, 2001 amount to
14. Plaintiff has performed all conditions precedent as holder of all right, title and interest in
the collateral, but Defendant wrongfully remains in possession of the mobile home at the above-stated
address.
15. By virtue of Defendant's' default, Plaintiff has an immediate right to possession of the
mobile home covered by the Security Agreement the value of which is $11,691.90, plus continuing
finance charges at the aforesaid rate of 12.25% per annum.
16. Under the terms of the Contract, Defendant have undertaken to pay to Plaintiff its
reasonable attorneys' fees and costs of retaking possession of the collateral.
WHEREFORE, Plaintiff prays for Judgment against Defendant, individually, in Count I of this
Complaint In Replevin, as follows:
A. For possession of the mobile home, more particularly identified as a 1991 Derose
Amherst, Serial Number D1232455 or, in the alternative for damages of $11,691.90 the value of the
mobile home plus continuing finance charges at the aforesaid rate of 12.25% per annum, in the event
that recovery of the mobile home cannot be obtained;
B. Reasonable attorneys' fees and expenses for retaking possession, and;
C. For such other relief that the Court deems just and proper.
COUNT II
ACTION IN CONTRACT FOR IN PERSONAM DAMAGES
17. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this
Complaint in their entirety as if the same were more fully set forth herein.
18. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendants'
default for the accelerated balance due under the Contract in the amount of $13,316.32, plus appropriate
additional finance charges at the rate of 12.25% per annum on the balance due from September 19,
2001 and costs.
19. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees
and costs of retaking possession of the collateral.
20. Plaintiff avers that such attorneys' fees amount to $200.00 to date.
21. Contemporaneously hereunder, Defendant has been advised of his/her right to dispute
the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day
Notice, attached hereto, marked Exhibit "3" and made a part hereof.
WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendant,
individually, in the amount of $13,516.32 plus continuing finance charges at the aforesaid rate of 12.25%
per annum from September 19, 2001, reasonable attorneys fees and expenses for retaking possession
and costs.
WELTMAN, WEINBERG AND REIS, CO. L.P.A.
pW,~ hl.a~. ~.~ 7M4~-~za r~' Esq u i re d
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
~l~*iL~l~ ~I'O"~I'~'~NSI'ALLMENT SALE CONTRACT WITHOUT REAL ESTA'~E o.ated -..A~c~ :T !
,19 '97 Account#
ANNUAL
· PERCENTAGE RATE
The cost of your credit as
a yearly rate.
FINANCE
CHARGE
The dollar amount the
credit will cost you.
$ ~2087. ~1
Amount Financed
The amount ct credit provided
to you or on your behalf.
Your ,Payment Schedule will be:
No. of Payments i Amount of Payments When Payme~ Are Due '
t ~.*'0 $ 237. ~ Monthly, beginning
Filing Fees:
ayments
you will have paid after you
: have made all scheduled payments.
Total Sale Price
The total cost of your purchase on
credit, includi~g your downpayment
nfs ~6~. ~*'~
Security: You are giving a security interest in the mchilo home being purchased.
I
19 97 1 Prepayment: If you pay off early, you will not have to
pay
a
Penalty.
I
· Late Cherg~: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month gTeater than lO days, that it remains unpaid
Assumption: So. meefle bpyi.n, g your Mob e Hom~ cannot aSSume the rems oder of th s Co.act on the original terms.
penardes.See bolow and any other Contract document~ lot a~y a,~ditional i~fermation about nonpayment, default, any required repayment in full before Ute scheduled date and prepayment mfueds and
the'SELLER; ~7i4 [tRCI.t~P,D ~I*RE£T t-k~ERI-~E~J,J(~G~ ~
Name . Address ' Zip Code
Youare RICHRRD F t4~t2ASN ~T,q ilS7 OLD ¥~RK RD. LOT ,lg NEi4 CU~I~RLg~: P~
the BUYER(S).,,
Name(s) AddreSS(es) ' Zip Cede(s) intends Io esfign this Contract to the A.~gnen.
PROMISES JOINT AND SEVERABLE: If there is more than one Buyer, each of you promises, separately and together, to all sums due u:
IF YOU DO NOT MEET YOUR CONTRACT
OBLIGATIONS, YOU MAY LOSE TIlE MOBILE
HOME AND PROPERTY THAT YOU BOUGHT
' WITH THIS CONTR~, AND/OR MONEY ON
~ITH THE ASSIGNEE.
This CoAtrent is b4~men Seler end Bwer. Ail
dis~lesures have been made by Seller. Sello~ '
penerm all agreements in this Contract. ..... ~ ...... ' ...... " ........ ""~ ................. u ,. Itemization. of Amount Finan..d
TRADE-Ill: Cash Price
You have traded in $ ].~,~i~,
Year and Make Series GroSS Allowance SUII Owiog Net Trede-th Cash
If a balance is still owing on the'vehiclb you have traded in, the Seller will pay off this amount on your behalL You warrant and represent to us that any $
rode- n is free from lien claim, encumbrance or security interest, except as shown above as the amount "Still Owing." Net Trede-ln
PROPERLY IN.SURANCE You may choose the parson throqgh whom insurance is obtained against loss or damage to the Vehicle and against liability $ N/~
~rising out of use or ownership of the Vehicle· If you obtain property insurance through us, the premium, costs for the insurance terms indicated below
ire included in the item called To Property Insurance Company of the ITEMIZATION OF AMOUNT FINANCED secUon of this Contract In the section Total Downpayment
:ailed YOUR PROMISES ABOUT INSURANCE on the reverse side of this Contract, you are promising to insure the Vehicle and keep it insured. $
_X~M,~obile Home ' _~er Unpaid Cash Price Balance
.. Physical Damage Ins.' $ .... Term ... ~.~r~ Mos. (Describe) FLOOD $ Term ~'~.Mos. _ $ ! 5~4t~,
.~-)Comprehensive on ' _ Other To Credit Insurance Company
Mobile Home $ Term '~'~ Mos. '{Describe) $ Term . Mos. $
.~ ~re and . . TOTAL
,,~ To Property Insurance Company
Theft $ Term · .T*~, Mos. CHARGES $ 7~ ~ ~ $ 7~,
:I~EDIT IRSURANCE 'IS NOT REQUIRED: Credit Life Insura~i:e is not required tb obbid'credit and will not be provided unleSS you sign below and =E To Public Otto:bis for.
gree to pay the additional cost. Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance cerlificate or policy will ~ IJeeose, Tags and Regbtrotion
.~ll you the MAXIMUM amount of insurance available. _ ~ ~ .. - · -
· ~ $
redit Lifelnsuran.~ wil!. ~ _~l~t be provided.. .. _be providedlerthetermofthecrediL _be provided fur __' ' months. -~ Lien Fee
y s~gmng, you.gelect.. S ngle Credit Life Insurance, What is your By signing, you both select Joint What are ~ $ ~ · t~t~.tJ
hichcests$ N/CT-, · age?, , Years': CreditUfelnsurance, which costs $ NJA yourages? ~ To
gnature of Buyer to be insured for Single C~'edit Ufo Iosu'ranc~ e To. FLOOD
'Signatures of*beth Buyers to be thsured for JOint Credit Ufo nsurence. ..
-311CLE: You agree to purchase, under the terns bf this C,,,,t,-.~.;.. the following mobile home and its appliances, furniture, equipment and fixtures. /~no#nt
~ich is called the "Vehicle" or "Mobile Home" in this C~ntract · :. .
N/U Year and ManGlectUrer ~ * Length & Width ' ,._"i '/-' , ColeS. & Mode ' " SePal Number ' .' '* $ ~°
"' .. Total of Payments (lime Balance)
luipped
. . r.,~ r~.., ~ ._-~:,.,~ ...... [ · , - Payment S~hedule - You agree to pay
,SIGREE. ~e may a.Tagn '~fus"~.u .~ an~'~ecui~y ~greement to the Assignee Famed, in: this secU.~ ¥/hich, i~ the "As~.:gnee." If at any time the to ~ the A~t Rna~..ce??u~ioter~t in
vner of the' Contract assigns the Contract to~afiother a~gnee, tire term then rdters to sdch other assiF~e*. After' the A.~ign~nt, all'rights apd §e~et~ts
the Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the A~gnee. The Assignee.is: ' * 1 [ ~ uninterrupted mbnthiy
NATIONAL CITYBANK OF PENNSYLVANIA EXHIBI'[~] I paymentsot$ 237.~.~
each, and a final payment of
tell you the MAXIMUM amount of insurance available.
Credit Life Insuran~ will ...,?,?~ be provided. _ be provided for the term of the crediL be provided for
By signing, you.s~lect Single Credit Ute nsurance, What is your
which costs $ Iq/~ age? . Years'
Signature of Buyer to be insured for Single Credit Ufe Insurance
months.
By signing, you beth select Joint What are
Credit =Life insurance, which cOsts $. ~/~ your ages?
N/~
2. N/~
Signatures of beth Buyers to be insured for Joint Credit Life Insurance
VEHICLE: You agree to purchase, under4he terms of thisContract, the.following mobile home and its appliances, furniture, equipment and fixtures,
which is called the "Vehicle" er "Mobile Home" in tl~ls contract ;~ :. .. -.: .: . ~ . .: . . .: , : ,
N/U Year and Mam~fa~tu~-er ...... . Length & Width' .i .........
·., . ..:.:.. ..... Color&Mode serialNO~lber :- ·
Equipped . ..
SIGNEE: ~(e ~-~'~i,o~ ~lS'C~Tfi~an~.:1:je~d~Tcy'~greement to the 'Assignee 8amed, in: this Sec~ Whlol~ is the '~As~.'~Aee." If at any Uae the
_O,w~e_r,.o_f,~e..C~.?.tra,.ct .assigns th.e ~nt~ct:-tu~?o. ther as~,gn.ee,,.t?,term then rBfers'~o Sttch othef-assig~e*_ ~te~ th~ ALsignn{'~,{, all'rights ahd be~elits
m me ne.er In gms bontract ann in me ~ecurity Agreemen! snan eelong to and be enforceable by the As.~gnce. The Assignee is:
NATIONAL CITY BANK OF PENNSYLVANIA .
dC0-SIGN.ER: A.ny perf..on signing,the c.,o:Si?er's Agreement be ow promises separately and togetbePwith all Co-signer(s) and Buyer(s), to pay all sums
ue and ~o perthrm, nh agreements in this'~ntract Co-si~nor will not be an 0woes of the Vehicle, ' * .
CO-OWNER: Any persQn sign ng the Co-0wner's Security Agreement belSW gives us a security interest in the Vehicle and agrees separately and together
with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and a I other pa~ of this Contract except the "Pmroise to Pay"
section.
TERMS: The terms shown in the boxes above are pad of this C~n~TaCL "
PROMIgE TO PAY: You agree to pay us the Total Sale'price for th~ Vehlole by making the Total SECURIIY AGREEMENT: To secure the .payment of all sums due and the perf '
~;.w~n~a.y.,.m_e.n..t .a..~d..p,.a_yi.ng us t_h?,.A.mo~un.t R_nanced p)us inter,est You promise to make-payments :~ required obligations under this Contract; you given security nterest in
il .t.t.~lUlfl~;e WlUl [lie raymem ~cnanule. Tou promise to make payments on or before the same ·, appliances furniture equipment and fixtures ica ed "aceesslens"t ~,r,.:,~,,a
day of each mouth aa the first payment due date. You agree to pay all other amouob which may' Iai. ermine,, and i, apy. proceeds of ~e Vehicle, including msur~---'A~e-pr--o~' Th"'~ ~.~i:~,'e~'n~.
become due under the terms of this Contract. You agree to pay the Se er or Assignee costs of se.i:on, any amoun, ts.oue and unpmd under this contract aga nat any of your money on deposit
suiL You also agree to pay reasonable attorneys' fees if Seller~r Assign. hires an attorney to ~i?~n~F~.e.e. Th. is_jnclude~ qn.~..m.one[.which is now or may in the future be deposited with
~ ~ uy you. ~SSllieee may on tls w~mant 'dh~' prior notice to ]fob:
~ Uan F~
e To FLeD
~ To
~o~t Fm~
To~I of P~ ~me Babnce)
Payment ~)edule - You agree to pay
~ym~ d $ ~37. ~
each, and a finM payment
paymentMIl~dueon ~ ~
~l ~due an ~t same day of ~ch m~h
f~n~
collect amounts due under this Contract or to protect or get possession of,the,V~icle. You agree
to make payments at the place'~r to send payments-tO the_address W'nich the Assignee most
recently specifies in the written notice to you.
ADDITIONAL TERMS AND CONDITIONS: THIS. CONTRACT CONTINUES ON THE REVERSE SIDE
YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE FRONT AND
REV;ERSE SIDES.
3y signing below, we agree to sell the Vehicle to-you under the terms of this Contract
;gU.ER ~
'.. Y;~:)FL-U'~'_~":E ~.r~p~._ !..~,~_~,' ,,-~*','
IY: ~
:NOTICE'I'O. BUYER" DO NOT SIGN THIS CONTRACT,IN BLANK. YOU ARE'
ENTITLED TO AN'EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO
PROTECT YOUR:LEGAL RIGHTS: '
CO-SIGNER'S AGREEMENT: YOU SHOULD READ THE NOT~CE TO CO:SIGNER,:WHICH HAS BEEN GIVEN TO YOU ON ,A SEPARATE DOCUMENT,
BEFORE SIGr~ING THIS'AGREEMENT/You, the person (or persons) signing below as "Co:-Signer," promise to pay to us all sums due on this Contract and to perform ail
agreements in.~his Contract. You intend to be ]c~ally bound by all the terms o[ this Contravt, sepasatcly and together, with thc Buyer. You arc making this promise to induce ua
to make this ~Crontract with th~ Buyer, cvcn though we will usc thc tirocecds only t'or th'e Buyer'~ benefit. You agree to pay cvcn though we may not hav~ made any prior demand
for payment On thc Buyer or exercised our security interest. ---,
(SEAL)
Co-Signer's Signature
Date
(SEAL)
Co-Signcr's Signature - !
Address Date
lO'oWNER'S SE(~URITY AGREEMENt.. You. thc persian signing below ~s "Co-Owuar,'~ together with th~ Buyer or otherwise bcing ail of thc Owners of t. he Vchiclc, give us*a'
;ccurity Interest in thc Vehicle identified above. You agree to bc bound by the terms of thc Sccurlty Agreement and all other parts of this Contract. except thc "Promise To Pay~
ection You are.givingT ~ thc security, interest to induce, us to make:th s Contract with th~Buycr, and to sccuce the payment by th-. Buyer. of all sums duc on this Contract. You wil. -
to~ be responsible fo? any deficiency which.might bc duc after repossession and sale of the Vehicle.
(SEAL)
:o-Owner's Signature ... Address : Date
~UYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT
TTHE TIME OF SIGNING.
... .. ,, . , . , . ,f' _~-:~::~ .:
__ .: · . ..... ;-..~ ~ , ,.:
UYER §UYEt~ ' CO*SIGNER CO-SIGNER OR CO-OWNER :'
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
ANCONSUMER FORM ?AS30 ~ 03-46 {9/96, =: C.:~iiLi; ~ 1996.BANCek~MER SERVICE, mc'
The Landlord's ~/aiver mu~t permit us to'~ter on the premises and to repossess the Vehicie if we
*have the rigt't to do so under this Contract, even if you are in default of your lease. You :~gree that
you must perform your promises iJnder the Contract even if the Vehicle lost, damaged or
destroyed. '-
tO. YOUR PROMISES ABOUT INSURAN*.CE: You will keep i~e:Ve~icle insured against fire, theft
and other hazards including flood, as required by law, if the Vehicle is located in a special flood
hazard area, against which owner's customarily insure such Vehicles until all sums due us are
paid in full: The insurance coverage must~b~saUsfactory to us and protect your interests and our
interests-,'~t the time of any insured Io~ Thelinsurance must name us as "less-payee" off the
policy. The insurance must be written by an insurance company qualified to do business in
Pennsylvania and licensed to sell insurance_iq the state Where tl~e vehible is permanently I~ept.
The insurance policy must provide us with' aUeast ].0 days prior written notice of any cancellation
· ].5. SOME THINGS YOU SHOULD KNOW IF WE,R£POSSESS THE VEHICLE:If.we rcpossess~
without using a government official (by replevin):
. a. NOTICE: Wewill send you a Notice of Repossess on-to your last address*we know about..
. This Notice will tell you how to buy back (redeem) the Vehicle. This Notice Wili tell you other
' ~i'nformation required by law. '
~, b. CURE: ~ou have the_right to cure your Default at any time before we sell the Vehicle. If
you CUre your Default, the Contrac-t-~vill remain in effect as though tl~e Default had not'occurred.
c, REDEMPTION: YOU have the right to buy back (redeem) the Vehicle with ].5 days of
mailing the Notice of Repossessioq~an_d..a_t any later time before we sell the vehicle.
d. SALE: II you do nut cure youc,QefanR or redeem- ~'you ~[ive i~:'~ll*-~iair~' to and.we Will sell
' the Vehicle. T~one~, received at sale will be used tc pay costs and expenses, and then to pa~
the amount you owe on this ContracL
or reduction in coverage. On request, you shall deliver the policy or other evidence of insurance e. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is not
coverage to us. In the eVedt of any'loss er ~amage to the Vehicle, you ~ill immediately'notify ~s in enough money.from the sale to pay what you owe, Buyer and Co-Signer agree to pay what is still
writing and file a proof of loss-with the insurer. We may file a proof of loss on your behalf if you Owed to us. '
fail or refuse to do so. We ma~ endorse your name to_any check, dealt or_othez_ ~ti:ument ~e__ f_. EXPENSES We have the right to charge you, and you agree to pay the costs
r~ei~'~* i~-p~n~t ~f ~r~ i'hsu~d Io~s ~,' ~eturn insurarrce prem urns. We may apply,,any ' //eposses~iqg, stOrr~n~,, re~ai~prepari~g f'o~ $~lea~d selT~n~;*[he'V~h~ e ~-m~ b~ allowed
~nsurance proceeds we receive to repair or replace the Vehic]e if, in our opinion, it is law. These costs will only be due if: ' ~'. ~ :~' .
economically feasible and ypu are not then in default under this Codt'ract. OtherWise, ~e Will
applytheinsuranceproccedstor.educetheunpaidbalancadue.us' ~:, .;, -_-
11. OUR PROMISES ABOUT INSURANCE: This paragraph applies only if we have contracted to
purchase*physical damage, comprehensive fife and/or theft nsurance at your expense and the
premium has been included in the Amount Financed. It dous*not apply.to Credit Insurance, If.you
prepay the sums due on this Contract, unless you specifically request cancellation, the insurance
will rem'ain i'n effect ~o its scheduled exp~fion date. If the insurance we obtained for you is
cincelled by*tho' insurance company prior to. its'scheduled-expiration- date we ,w *attempt to
place comporable insurance with another insurance com~°a~ o'~ your behalf and give' yOu a cop~,
of any insurance policy we obtain on your behalf. ~ we are unable th'ilo ~O, we will notify you that~,
you mdSt obtain replacement insurance from an agent or broker of your choice. If replacement`
coverage results in additional costs to: you.for the unexpired period of the original insurance
policy, we will reimburse you .forthe costs.
. '. 'L Defaultexceeds fifteen" 15) days at the time Of'repossess on;
~r:'2.:The~ount oh:ests are:ac{ual, necessary, and rea~Qcable;.afld '"".
3. We can prove the costs were paid.
16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall be
.. enforceabLe, against your heirs and. personal represoplafi'~eS-of your estate.
L7- GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania.
].8. SEVERABIUTY OF PROVISIONS If for any reason any part of th s Contract shall become
illegal, vOid-or Unenforce~le,:that part shall"~Ot ~e a~*~rt of [his COntfaGt.
19. ASSIGNMENT BY BUYER: Buyer shell not assign this*ContracL .
20. THERE ARE NO WARRANTIES BY SELLER?EXPRESSED OR .IMPLIED, INCLUDING THE'
WARRANTIES OF MERCHARTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS
WE HAVE GIVEN YOU k'SEPARATE~WRITTEN WARRANTY.
NOTICE--ANY HOLDER OF THIS cONsuM'£R CREDIT cO"TRACT IS sUBJECT TOkAi.'[ cL'AIMS AND,DEFENSES :.WHICH
TH.E:DEBTOR COULD
ASSERT AGAINST THE SELLER OF'GOODS OR SERVICES' OBTAINE,D PURSUANT :HERETO OR WITH THE PROCEEDS'HEREOF, RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT E:XCEED AMOUNTS PAID By THE DEBTOR'FIEREUNgER~ '~:' ........ ',-- '~ ~ ....
:r~ ...... " NOTICE OF PROPOSED CREDIT INSURANCE ,,~t;~!~: ? . :,,.-
ne signerls) of mis k;on~ract hereby take(s) notice that Group Credit Life Insurance coverage will be applicable to this Contract-if' so' marked on-the front of th s Contract, and the
I
coverage will be written by the insurance Company~named. This insmance, subject to ~acceptance by the insurer, covers o~lly*th~ person' o'r P~rsons sighing the: Peqhest:for such
insurance: The amount.of charge is indicated for the Credit Insurance to be purchased The term of insurance will commence as:cf the date the indebtedness is:incurred and will;expire '~'
on the original scheduled maturity date of the indebtedniess, unleSS a shorter term. is so marked on the'front of'this Contract. Subject to acceptance by the insurer and within 30'days,
there will be delivered to the insuCed d~btor(s) a Certificate`of nsurance moro'*ruBY., describing, the~insurance..In the event of prepayment of the, indebtedness, a refund of insuranca
charges will'be made when due. .:. .,,, : ., '., .. i.~ ,: :: ,. ·
~ ," THE PROYI.~ION BELOW IS NOT PART OF ~E ~I~NNS~L~MIIA MoBILE'HOME INSTALLMENT SALE:CONTRACT:BEIWE£N THE BUYER AND SELLER ~n~ r~
To in " ' ' : ' .... i:~;'" ~' ~NMENT ~
. duce you, the Assignee'Lidee~Led on the face of. this.Contract, to purchsse'the within Contract.the Se er hereby warrants-and represents, and continues to warrant-and..reprasent that: the
sale has been made in s~r, ict coufo~:~[~ with all apT[gica_bla fedeFa ~state.and Fo~a~ Ii I~k~s ~'nd ragu at ~ns, nc edifl8, but not. limi~d to, Article 2-of the,:~mfnsy[Vania; Uniform Commercial Cede (]3 Pa,
C.S.A.§§2ZO]~pt soq); our title to the Contract and ~Te Vehicle covered therqb.Y; is absolute/free; of ali liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set
forth therein; thL~ Cohtract is genuine,' ~1~ signatures tbe~Oqp~f~ I~ot f(irgnrir~,-erbse froi~d'tbe sa e ofthe Vehicle therein described and ali parties thereto are of full a e and had ca aci o c
th~ed?scri~ptiooof~m~e~ehicleendextraoquipmenusc°r~ple!~dCorr~th~oshdo~"payme"~tafid/ortrado~i~a"~a~newere~act~afiyre~v~andn~"artther~fC~s~s~" ,p ~t ~..,!ra.c~
checks, otner credit advanced by us to Buyer or rebates ur s,m,lar payments from us to the Buyer (however manufacturer rebates may constii~ ~ ora par~ of the downpa~[een°t)~'~lorw?~raP°n~:a~
statements therein are true; there is owing thereon the Amount Financed p us nterest at t~e Annual Percentage Rate of the Contract set forth therein; we are duly licensed under the Pennsylvania.
Motor-Vehicle Sales Fihance Act and have duly complied with all requiremeets~herenf with re~ebt tO the transaction and-with-the federei Truth-in-Lending-Act end with any other federal or statedaWi'
rule or regulalJon applicable to this Contract; a mobile home title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied for promptly; the Buyer(s) named in the
within Contract is (are} peqonally known to the Seller to be the same identical person(s) whoa.signature s is (are) affixed to this Contract; and Seller has no knowled e of facts im alrin the va idit r.
.value ~f th~e;Co~tracU if any s.uc.h-warrenties or represent'~ion~-sheuld be breached-at-any ti~e, Seller-sh~epurchsse said Contract from Assi.nee on demand -gandwiP
amoum owing mereen, compu[e~ as set forth below and said remedy shall be cumu ative and not exclusive, and shall not affect any other right_ o~'re~edv, that Asa.n_!e ee ----~
against Seller. In the event that Buyer fa s_or refuses to.make_any payment_due h~eEeunder._on .the. a~ertiQn, either.oral or written, that the VehicJe_is defective, not as repr.eeeDt.ed.to the_Buyer by
Seller or that..SCl er. refuses to honor.any warranty or service agreement of Seller or reenM/actuTer Seller agrees that,. ~on being advised by Assignee of:ouch claim-or,Buyer, Se lar..w II rel:mrchase the
Ceeb*ant from Ass!ghee and pay Assignee for same immediately in accordance With the: repurchase terms set forth below, and Seller further agrees,to, hold_~Assignee harmless from'any:ather,claims Of.
Buyer .... including attorneys' fees costs and expenses ncurred n defending against claims ~asserted, t}g. Buyer and inqiud ng cia ms for refuJl~d ,payments made~W Buyer to Assignee I[ the. Seller
cOntr, acts ~0 .purchsse property '_msuram:e no ~eha f of the Buyer, and-that insurance.i~ ~ance!led. by the insurance company,prior to it~ sP,,heduled expiration date, .Seller will ,AtTempt .to. place
comparable coverage with another insurance ~:ompafly on b~halt Of the Bdye,'. If Seller is unable to do so, Seller will notify Buyer and PaY to-Buyer any additional costs, incurred by the. BL~yor n
obtaining replacement insurance for the unexpired period ot the original insurance policy. By delivering this Contract to the Assignee and accept ng payment for it, Seller authorizes the Assignee to
complete or correct the identification of the Assignee in this Assignment to reflect the true Assignee who purchased this Contract, and/or to sign Seller's name to this Assignment, without recourse, if
the Assignment has been delivered without'Seller's signature. ·
]n th-o*~'ent that Seller is required b~,~his Assignment to repL}~chase th~ Co~tfadt'*ao*~/.-or;'~ehicle ~eiiir shall pa:/to Ass gnee, in cash, the full unpaid balance ~f-the-'C~ntrac~ as of the da~'of
repurchese, plus'~ny then earned Finance Charge and any and al costs and expenses pa:id'df incurred by Assignee in respect thereto, including reasonable attorneys' fees, in*~onneCtion Wi[h Ciaims
by or against any Buyer, Owner ur persons in possession of the Vehicl~ and/or by or against Seller. -
For value reeeived, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within 'co*n'trac~ all ~meys due and to become' due thereu~e~ and' afl right,:title
and interest in-.and to the*Vehicle therein deSCFihed, with ful .power in the ~signee in-its-or, our name-to*take such legal or other action wh ch we might have taken*seve for this, ~A.~,~gnmeflt. U?ss
Seller rearks either Of the endorsereeflts b~ioW, titled "W TH FULL RECOURSE"~r "WITH REPURCHASE" Seller's assignment she ,except for the prey ~ons of die para~rsph tJtlbd. ~S[~,~meb~. l~b *'
witheutrecourse. · :. , :: . ~,: · ..~...:;~. . . : .. ~,..... ..~.?.::,~ .:? , _ . .. .
[] WITH FULL.RECOURSE--Seller agrees that, in eddition~te,'the paragraph ~.bove titled ;'Assignment,".in the event of default by Buyer in the tull payment on the due date thereof of:any installment
~ayable under the Contract or in the prompt performance of any other ob igatJon to be performed 'under,the?Contract by Buyer, Seller will;on:demand by..Assignee, forthwith repurchasethe Contract
from Assignee for a repurchase price, in cash', coreputed as set forth above.
D WITH REPURCHASE--Seller agrees that, in addition to the provisions of the paragraph above titled "Assignment," dn the event of any default.J;w-Buyer which shall entitle Assignee to repossess the
Vehicle, Seller will/if the Vehicle is repossessed by Assignee and delivered to Seller, and without regard to the then condition of the Vehicl. J~4*orthwith repurchase the Contract and the Vehicle from
Assignee for a repu.rch, ase price, in cash, computed as set forth, above,
If Seller h~,)a separate~ %"a~eement with Assignee, that agreement Will govern. By ' '~~~ .,.~' ' ' i i.
8y signin~ lirelow, we tgAe~ to ~s of~,~,~isig~mboL
Date
8ANCONSUM£R FORM PAS3OIO3-aS (9/96J
~.. HOW THE TOTAL OF PAYMENTS tS COMPUTED~ The Total Of PaYments is the sum of the
Amount Financed and the Finance Charge. The Finance Charge consists solely of interest
computed daily on the outstanding balance of the Amount Financed. The Finance Charge shown
on the front side has been computed on the assumpbon that we will ~eceive ail payments on their
scheduled due dates.
2. COMPUTING INTEREST: We will charge inti~rest on a daily basis on the outstanding balance
subject to interest on each day of the loan term. The daily interest rate is equal to the Annual
Percentage Rate divided by 365. Borrower agrees that because interest is calculated on a daily
basis, late payments will result in additional interest (and, if applicable, a ]ate charge). Early
payments will result in less interest being charged. Early and/or late payments will cause the
amount of the final payment to change.
ADDITIONAL TERMS AND CONDITIONS
12. OUR RIGHTS IF'YOU.BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, VEHICLE
ON INSURANCE: If you fail to keep your promises'to pay'filing fees, taxes, liens or the costs
necessary to'keep the Veh c e i~ good condition and. repair, we may advance any money you
promised to pay. If you fait to keep your promises about required insurance we may advance
money to obtain insurance to cover loss or damage to the Vehicle. We have the choice, ol whether
or not to advance any money for these purposes. Such insurance.will'be limited to an amount not
greater than you owe on this Contract We will add any money w~ advance on your behalf to the
balance on which we impose Finance Charges at the Annual Percentage Rate of this Contract.
You agree to repay the money advanced as we alone may specify: (it immediately on demand, or
(ii) along with your monthly payments. If we choose to allow you to repay the money advanced
along with your monthly payments, wu can choose the amount of these payments and how long
· o . , ............ you have to repay. If any of our rights stated in this paragraph is not permitted by law we still
a~e~TtsEdCuHeAdRaGteE.'T~Y~;ea~r,~aerSg~°w~Ybae,~[eoC;rarmg~n[t°~ ~e;~dn:~eo~;~ XaUmOeanY~. have the other rights mentioned. Our payments on your behalf will not cum your ~ ure to
· ' P ' P ' PY . erform our romisos nth' Co tTac
'//~ w n ' er an P y p . . .LS, 0 t The promises you made ro the sections above called
Ico sld y part o! a month m excess of t0 days to be a full month. ~he late charge.~ YOUR pRAM Sr~ ADA~rr.TU= U~:~f,~C -;.;.T*~A~, ,,,,,, ,.,~ ~.,. ...... .~;; ....
e due wh n e ed. No late charge w,fi be due it the reason that the payment ~s a~ s because., ri-hfs under this section shall no~'----'-~'- --- '
after default the entire outstanding balance on this Contract s due No ate charge will be due if: - ..6_~...~,:, .,, ._. ,_-...~_~,_~L_ ~_m.~u[~[y Jug&men[ en~eren m an~( mgs~ ac[ion ann snen
the only reason that the payment is late is because of a late charge assessed on an earlier. ,
payment, ta[*DEF'AULT: In this pa'r~grapl~ '~bu" ~h-eens the ody~r, Co-Signer and ~0.owner (~r any one of
them· You will he in "Default" of the Contract f any one or-more of the following things fiappe~:.
4. APPLICATION OF PAYMENTS." We witl'appt~ p.a)~ments in,the following-order.o~ pr or ty ' a:' You do,not make any payment~on or beforp~it'is,dueT, or·
interest, late charges, fees and then principal. ' ' .... ' "
, ... ...... :, , . ~..b. You do~not,l~oep any .promise you made Jrt, this Contract;, or ..'. ' ' *
5. PREPAYMENT: You ~Lay prepay, .in [u!l or in part, the amount owed on this. CP~trac[*a'f ~ny'* '~. ~0u do not keep any. pr0mi~e you mad~ m ~hbthei' C0ntract, Nbte,'L'0an ~r Ag?ebrr{ent'with
time Withoa& penalty. If '~'Ou prel~ay th~ ContraCt n part you agree to ~onfinue ~ m~T<e tegu~:riy '- 'Se er or Ass gnee~ d~; '* ":' * ~ ~:' :. '-
sofaeduled pay_meqt, s.uhtLL~ou pay. all amounts due under this Note. This will reduce the numberd. You made any untrue statement in the credit application for this Contract' or '
of ~ymenis~ ~,oO"Wtlt m~k~. I'f~y'o~p~pa):~i~jl~:'~'w*~:'~l ,:~TU~'d'{~' ~oU~ ~*~r~'~d'ci'e'd~Ttr~ "~'e. Yot~'~'~mmitte~hh~'fdrgel~ifl cohn~timT'with~l~is Contrect;.or ............. ·
insurance prermura~you 9aid. ~ .. :_~ ~, *. f. You die, are convicted of a crime involving fraud or dishonesty, or are found I~y a court with
6. W~JVERs: ' .'~:-'?~ ,¥~'! . ?"?;': ;~ ': jurisdicUon to do so to be incapacitated; or '
~..WAIVER EY.s~LER A~D ASS'~'NE~'i'W~ and Assignee waive the fight to treat any pro@e?t'/_ g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or ins01ver~:~
as ~ecu~.ity for'the i'e~pa~,meh{"of, this CdAira~:t, ex':e-pt for th~ Vehicle and -the other s'ecurit~ proceedings against you; or .........
specifically mentioned, in this Con{~acL. ~.-: ,.* h. You take the Vehicle outside the United States or Canada without our written consent; or
b. WAIVERS. BY 8UYER,~GO-SlGNER AND, CO-OWNER' You agree to make all payments on or i. You use the Vehicle or allow someone else to use it in a way that causes it not to be covered
b~fot'e.:~h~,~. ~'e. d~e:~hOut ~{Jr ha,~i~.t~=a.~k. You glv; up any right you may have to requ re by your insurance; or ....
tha~ ~ve, enf0rce'.eur: .,,,~ fiohts '~o,~nst~ ,~?sbm~'~ther,. .. ~-ersen or. p"ro'~ert~P · before-we enforce our ri-h*~ *~, ,~ . -You.. do. ..... something, that causes the Veh c e to be sub act to confiscation by gbverniaent'
apLnst you. You agree, thaLwe~ay gwe up' Qur fights agsjflst'some other, person but. not ags nqt au, th~Ue,s., ~.r''~. ..... .
KIne vemcle ~s lost stolen destroyed or damaged beyond economical re ar and not fixed or
you~:You waiv~ ~lue diligence in.callectien and all defenses baSed'on Su'r~tyshr~<and impain~ent · · , ,' .... P '~
....... __ found within a. reasonab ~ ~ me; or .... ,::: . -
of collateraf Or ~bcu'rity.-' "¥; = "' ! .... I. Another creditor tries to take th~"V*ehicie or you~;*money on deposit with ~signee by'legal
7. INTEREST AFTER MMURITY AND JUDGMENT: Interest at the rate provided in this Contract
shall continue to accrue-on the unpaid balance unUI paid in full, even after matudty and/or alter
we get a judgment against you f~.*th'e'~mouhts due. This will apply even if the maturity occt~r~.
because of acceleration. If at any time interest as provided for in this ~)ata~[raph is not permitted:'
by law, interest shall accrue at the.higheSt rate allowed by appfiCati e aw,heglflii ng.atthat't~e. ,~
8. YOUR PROMISES ABOUT OUR SECURITY' INTEREST:-You will-not*permit afl?one otheFtha[~ us'
to obta I1 .a scour ty nterest or other r gms n the V~J~ C e. ~ou Will pay all fa~ng~es necessary for
uS to obtain and maintain our security interest in th~ Vehicle,: YOu wilt.assist usq'n having our
socutity interest noted on the Certificate of Title to the Vehicle~ YOU will not sell or give aw~y the
Vehicle. If someone puts a lien off the Vehicle, you will pay the obligation ond cleai~ the lien;
9. YOUR PROMIS~$:AB~)UT THE'V*EH'ICLE: You will keep the Vehicle in good condition and
repair. You will pay all taxes and charges on the Vehicle. You will pay ali costs of maintaining the
Vehicle· You will nOt:abuse the V~h[cle or peri,it anyth ngt'o be done to the Vehicle' which wilt
reduce its value, oiher than for hormal wear:and use. You will not use the Vehicle for illegal
purposes or for hire or lease. Yo.P. will_not move the Vehicle from your address shown on the front
of this Contract to a:new permanent place without notifying us in advance. You will permit us to
inspect the Vehicle at any reasonable time. You agree that the Vehicle will, at all times unUI this
process.
14. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Defa~R of this
' Contr~ct,.,we; m~ay ~nforce our rights*according to' law, after*we;h,lve given ~o~ any apPlicable
noU~e'and,~or rigtit.to,cure as requi[ed by law: We may alSO d(~'the thing~.~ecifically mentioned
in this Cent~'acL ~e .~lay dO one of these th n~ 'a. nd at the same'Ume or, i,at~t~q~another Some.of
the things we may do are the following:
a. ACCELERATION: We can demand that you ~ay to us the entire unpaid~l~aience owing on
the Contract and all unpaid Rnence Charges and other money doe. You agree'thot you will pay
this money to us in o~ single payment immediately upon.receiving our demand: ~ .
:.. :b;*REPOSSESSION: We:can repossess the Vehicle, unless prohibited'by law~ We can do this
ourselves, have a qualified person do it for us, or have a government official (by replovin) do it
for us. You ag[ee that we can peaceably come on to your property to do this. We ma~/take any
other things found in the qel~icle, bdt will retUrh these things to you if you ask. U'you want these
things back, you agree to ask us in a letter sent to us by certified mail within 24 hours· If. you do
not send us this letter, you give up any claim to these things. You agree that we may use your
license plates in repossessing the Vehicle and taking it to a place for storage.
c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably cm~venient
Contract is paid in Mil, remain personal property. You agree to place the Veh c e- n .~uch a way place. You apace to g ve us the ~eh cie t we ask. : ..
that it can be removed without su~tantiai damage or impairment of its value. If you plan to place. ; : d, D£L~Y, .IN.EI~F,ORCEMENT:.WFI can delay:enforcing our rights under th s Contract without
the Vehicle on ~premises you are ledsthg: you must.obtain a Landlord's Waiver saUafactory, to ua~, losing any rig.hts."., ;-~: .: .. ' ~ .. ~"
The Landlord's Waiver must permit us to enter on the premises and to repossess the Vehicle if we 15. SOME THINGS YOU SHOULD KNOW IE WE.REPOSSESS THE 'VEHICLE: If we repossess
have the right to do so under this Contract, even if you are in default of your lease. You agree that
you mu~t perform your promises imder the Contract even if the Vehicle lost, damaged or
destroyed. ' ....
10~ YOUR PROMISES ABOUT' INSURAI~E: You will keep il~:ve~icle insured against fire, theft
and other hazards including flood, as- required by law, if the Vehicle is located in a special flood
hazard area, against which owner's customarily insure such Vehicles until all sums due us are
paid in full. The insurance coverage must~b~:~tisfactory to us and protect your interests and our
interests-at the time ut any insured IoS~ ~elinsurance must name us as "loes-payee" on the
policy. The insurance must be written by .an insurance company qualified to do business in
Pennsylvania and licensed to sell iusuranced~ the state ~her-e tire VehiCle s pe~,manen-t y kept.
The insurance policy must provide us witt~ at:least 10 days prior written notice of any cancellation
or reduction in coverage. On request, you shal deliver the po cy or other evidence of insurance
coverage to us. In the event of any loss or'!dam:~ge to the ~/ehiclel you ~1i imm~iately:n~tify I~s in
writing and file a proof of loss*with the insurer. We may file a proof of loss on your behalf if you
tail or refuse to do so. We may endorse your name to any check, draft: or J)ther. instr:ument we.
.receive n paymeht ~f an .os:ured. o~.s.~r:~;eturn insurance prem Um~':~We*may app ~oany
insurance proceeds we receive to repair or replace the Vehicle if, in our opinion, it is
without using a government official (by replevin):'
. a. NOTICE: Wewill send you e Notice of R.epossesslon:to your last addres~.w.e know about·
This Notice will tell you how to buy back (redeem) the Vehicle. This Nedce will tell you other
· 'ihformation required by law ....
,, b. CURE:.'~ou have the. right to cure your Detauit at any time before we sell the Vehicle. If
you cure your DefaulL the ContracT'{viii remain in effect as though Uie Default had not occurred.
c. REDEMPTION: YOu have the right to buy back (redeem) the Vehicle with 15 days of
mailing the Notice of Repossession ~O_d..p.t an~ later time before we sell the vehicle.
d. SALE: If you do net cure youc,Qefault or redesf~-i-you giVe up*all, claim to and we will sell
' the Vehiclo.-Th~noney received at sale will be used to pay costs and expenses, and then to pay
the amount you owe on this ContracL
e. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is not
enough money.flum .the sale to pay what you owe, Buyer and Co-Signer agree to pay what is still
owed to us.
f_. EXPENSES: We have the right to charge you and you agree to pay the costs of
~ ?{eposs~sing~ Sto~i~& rePairin~ preparing fog Sale and ~el ng the V~h c e as ~n~y be a ow_raj, by
law. These costs Will only be due if: ....
eco[tgmi¢alLy feasible and y.ou er~ not then in di~fauit under this CobTract; Otherwise, we Will ' .1. O'efauft exceeds filtenn (15) days at the time of repossession;
apply the insurance proceeds to reduce the unpaid balaqce due. us. :"' .;:~" i'~i~! ...... 2:TEe~mounLof costs are:actual, necessary and reaSOnable; and:" .
Il. OUR PROMISES ABOUT INSURANCE: This paragraph applies only if we have contracted to
purchase' physical damage, comprehensive, fife and/or theft insurance at your expense and the
premium has been included in the Amount Financed. It does. nut apply to Credit Insurance. If you ..
prepay the sums due on this Contract, unless you specifically request cenceliaUon, the insurance
will remain Tn effect f0 its scheduled expiration date. If the insurance we obtained for you is
conceited by'~e' insurance company prior' to. its scheduled'expiration-dote 'we ,will-attempt to
place comparable-insurance with another insurancp cornpan~ ed your bel~a f and give yoU~ copy
of any insurance policy we obtain on your behalf, ffwe are unable to"b'o So, We will notify you that:.
you must obtain replacement insurance from an agent or broker of your choice. If replacement
coverage results in additional cdsts to you for the unexpired period of the original insurance
policy, we will reimburse you for~the costs.
3. We can prove the costs were paid.
16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall b~
enforce~ble~ngaihst your heirs and personal representaUves of your estate.
17. GOVERNING LAW: This Contract is to be interpreted according to the law oi Pennsylvania.
18. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall becom~
illegal, v0id*or unenforceable,:thot part sba not t~e a part of this Contrast.
19. ASSIGNMENT BY BUYER: Buyer shaft not assign this Contract.
20. THERE ARE NO WARRANTIES BY SELLER,~EXPRESSED OR IMPLIED, INCLUDING TH&
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLES:
WE HAVE GIV[N YOU A:SEPARME~WRITrEN WARRANTY.
031007
NATIONAL CiTY BANK OF
PA
P 0 80X 5570
CLEVELAND OH 44101
BY.
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".this' not ce .vou'di~nu'~e'the va iditv 'of thi~ debt or' ~iny p. ortion thefebf, the debt ·Will be assumed ' .'
· .. ....; . . o...~' ; · . . ~·.:..~ .· .; ..'; . '.' ... ;". . .;' ..' . .. . - ..~....o....' . · .t' - ; ~.... · ...': · . -.. ..
"i" ::' ."t~bal.'valid 6~;~bs] .If.'~aid r~'otJfi~'tibn'js :~fi't td ~s j'n'.W,ri.ting, ~ve 'ar~ r~quir~d td 'provide .you. ~ith ' ...'
· :.... ...... - ;.. . . .- . '...- . t.-~,:. .;~ · · .; '.. ... .-.. .-..; . - . - . . .'.. : · .:.,... -. .'.. ...
". ': ' !:~/e~-ific~(io'n. 6f.'tf~ ~l~Bt:', in: t,h'~ ~yght'.within'.a g0'-'dh~/.p.~rlo~l' you"re'qfi~st :in 'wi-lti.,n~'..fh~'. n'ar~e,' of..':" .'
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., .: .30=d'ay.,penod; no. further acbon, w~ll beta_ri.to. obtain .a. Ju__m.ent.m._e pend~og.law_~t un.t~i · ...
· ' .':' th6'~ ifi~ tf~fl"and/'0'i- ~le. ~.f tf~ '.o.')igi ~1 'c di.t. i' hi~. b. l~'.r id. d .t y?.u.;'!-.',' .:'..~:.: "'"i i ;
:' : er a na e' n re o ee.n. ove d ~ ,"'"" ~'-' "': ~
· .....'. ' i '" T~i~' law f~rm"is' ati~'mp{i~g lc; colle~.thi~ BglJt for, our clie.'r)t &fid:ahy info'rrhati~.fl'obtained '.: '.
· :· '-'will be'ds~d'~6'r {hat pLirl~o§e;. .":. ';',' .: :.. ' · ~'' ::.: . . .'": .' . :.: :.. ....
" "'""' "" "'"' :gi~,eh' n'tt ¢'~,i'r"g~l~t li~ '~"P'~a'~(i"C~' 'eh'' """
· ".:.' .'.'" ' ?'he :~b'og~ fil~tic~ is Ib~in~ pursoa oth~ .Co clio A~t d is' -. ~
"'"' '~pamte'"an~l distifict fror~"th~.for~g6ing"Cofnplai'r~t."whi~h:m, ust 6~ 'reS'pon~Jed td ir{'~:0hfo'rm .i .' "'..'
"'{vith' the instructions ti~er~in. Bec~us'e' of the differenc~ in time parameters, we.will not move $or' ....
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ea tJu en ratlea · fro th da "o serve m n n.
· ~ fo It J.udg kti~ 'a'ssk "
· ' .f y eq t v~rifi 'a(i ~ wilt .
· ou, and ~ ou.r ues c on we not m.ov r Defau men~ u . .rea able
~/ · .
]' ':iirhe 'a~er'.vefificati~:~;' be;n' prOvide'd, and aft~ :~he'expiratlon of th&,t'hirt~ (!b') day p'erio'd ;'... ·
""' "'"'.: frc~m't~e'd~te'ofs~ice..;:' 'i" .i"~, ,: "'."..; ..'.: '.'.'."..': -'...'" ' '. ~.' ':" ."..;.:' ,': ':; "':.. "'::.:
VERIFICATION
The undersigned does hereby v~rify subject to the penalties of 18 PA.C.S. §4904
relating unsworn falsifications to authorities, that he/she is ¥;~-'T'~tt ~_~. ¢, ~~4,¢--
(Name)
~.e.~.-r..-~'~.o~ ~-,.,~-,lu~socz--of r..,~,,~o-~.¢--~_ CL.'t-~ /t.,4..,r~_, plaintiff herein,
(Title) (ComPany)
that he/she is duly authorized to make this Verification, and that the facts set forth in the
foregoing complaint are true and correct to the best of his/her knowle,.dge, information and
belief.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
RICHARD F. WILSON
Defendant
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
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.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02332750
IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
RICHARD F. WILSON
Defendant
Civil Action No.
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Settle, Discontinue and End the above-captioned matter upon the records of the Court without
prejudice to refile and mark the costs paid.
Notadal Seal
Wendy L, Willis, Notary Public
Pittsburqh, Allegheny County
My Commission ~=xp~res ,July 15, 2002
Member, Pennsylvania Association ol NotaJleS
SWORN TO AND SUBSCRIBED
before me this ~2,~") day
WELTMAN, WEINBERG & REIS CO., L.P.A.
Attorney for PlaintiT~
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02332750
ROSENTHAL & STRAUSS
By: BRIAN D. ROSENTHAL, Esquire
Identification No.: 26473
Seven Penn Center, 9t~ Floor
1635 Market Street
Philadelphia, PA 19103
(215)656-4100
AMANDA SCHAEFFER
-vs-
JOHN AND STEPHANIE REDCAY
and
MARY ANNE LARD
and
JANICE M. JANJANIN
and
COLIN M. LEIGHT
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL TERM
NO. 01-6911
AMENDED COMPLAINT - CIVIL ACTION
2050 - MOTOR VEHICLE ACCIDENT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within 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 judgement may be entered against you by the court without further notice for
any money claimed in the complaint or of 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
Cumberland Law Journal
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1. Plaintiff, Amanda Schaeffer is an individual residing at 35 Avenrowe Court, Fairless
Hills, PA 19030.
2. Defendants, John and Stephanie Redcay, are individuals residing at 130 Cedar Street,
Carlisle, PA 17013
Defendant, Mary Anne Lard is an individual residing at 3460 Spring Road, Carlisle, PA
17013.
4.
Defendant, Janice M. Janjanin, is an individual residing at 1122 Fern Wood Avenue,
Maple Shade, NJ 08052.
5. Defendant, Colin M. Leight, is an individual residing at 1122 Fern Wood Avenue, Maple
Shade, NJ 08052.
6. Pursuant to the police report, at all times material hereto, defendant Stephanie Redcay
was driving a 1988 Dodge Caravan, Pennsylvania Tag #JGP-298, which was owned by defendants John
and Stephanie Redcay. (See Exhibit "A")
7. Pursuant to the police report, at all times material hereto, defendant, Mary Anne Lard was
the owner and operator of a 1997 Mercury Villager, Pennsylvania Tag #ASZ-9831. (See Exhibit "A")
8. Pursuant to the police report, at all times material hereto, defendant, Colin M. Leight was
the driver of a 1995 Nissan Altima Tag # WT742 NJ, which was owned by defendant Janice M.
Janjanin. (See Exhibit"A")
9. Pursuant to the police report, plaintiff Amanda Schaeffer was a seatbelted, front seat
passenger in the motor vehicle driven by defendant, Colin M. Leight and owned by defendant Janice M.
Janjanin. (See Exhibit "A").
10. On or about December 9, 1999, at approximately 8:09 a.m., on S. Hanover Street, at it's
intersection with Walnut Street, Borough of Carlisle, Cumberland County, Pennsylvania, plaintiff
Amanda Schaeffer was a front seated passenger wearing her seatbelt, in the motor vehicle owned by
defendant Janice M. Janjanin and being driven by defendant Colin M. Leight, southbound in the left
hand lane, when it was caused to stop behind a vehicle waiting to make a left hand mm at the
intersection with Walnut Street. Suddenly and without warning, the vehicle owned and operated by
defendant, Mary Anne Lard, who had been violently struck in the rear by the vehicle driven by
defendant Stephanie Redcay and owned by defendants John and Stephanie Redcay, did violently and
negligently strike the vehicle operated by defendant Colin M. Leight, in which plaintiff Amanda
Schaeffer was a front seat passenger, in the rear causing injuries to plaintiff Amanda Schaeffer, as
hereinafter more fully set forth.
WHEREFORE, Plaintiffs demand judgment against defendants in a sum in excess of Fifty
Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees.
COUNT I
PLAINTIFF vs. DEFENDANT~ STEPHANIE REDCAY
I 1. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1 through
10, inclusive, as if set forth fully at length herein.
12. At the time and place of the aforesaid, the negligence, carelessness recklessness of the
defendant consisted of the following:
(a) defendant driver, Stephanie Redcay was operating said motor vehicle at a high
and excessive rate of speed under the circumstances;
(b) defendant driver, Stephanie Redcay's failing to have said motor vehicle under
proper and adequate control at the time;
(c) defendant driver, Stephanie Redcay's failing to observe a clear assured distance
ahead;
(d) defendant driver, Stephanie Redcay's failure to give proper and sufficient warning
of the approach of her vehicle;
(e) defendant driver, Stephanie Redcay's failure to operate said vehicle without due
regard for the fights, safety and position of the plaintiff herein at the point aforesaid;
(f) defendant driver, Stephanie Redcay's failing to keep a proper lookout;
(g) defendant driver, Stephanie Redcay's failing to apply the brakes of the vehicle in
such a manner that it could be stopped in time to avoid a collision;
(h) defendant driver, Stephanie Redcay's failing to exercise care and diligence in the
operation of said vehicle so as to avoid a collision;
(i) defendant driver, Stephanie Redcay's operating said vehicle in violation of the
Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania;
(j) defendant driver, Stephanie Redcay failed to stop her vehicle to avoid a collision,
causing injuries to plaintiff;
(k) negligence at law; and
(1) such other acts or failures to act which may constitute negligence as shall become
apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the
trial of this cause.
13. As a direct and proximate result of the negligence, carelessness and recklessness of the
defendant, Stephanie Redeay as herein above desefibed, plaintiff Amanda Schaeffer was caused to suffer
severe injuries to her body and extremities, including but not limited to cervical acceleration
deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain
radiating into her legs, fight neck strain and sprain, fight shoulder sprain with limitation of lateral
rotation, treatment of cortisone and lidocaine injections to right trapezius,, ligament right neck and
shoulder strain and sprain, together with severe shock to her nerves and nervous system, by reason of
which she is rendered sick, sore, lame, prostrate and disordered and was made to undergo great mental
anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to
suffer for an indefinite time in the future.
14. Plaintiff has suffered serious impaixment of a bodily function and/or permanent serious
disfigurement as a result of the negligence of Defendant.
15. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend
large and various sums of money for medicine and medical attention and she will be required to expend
large sums of money of the same purpose in the future.
16. As a direct and proximate result of the negligence of the Defendant as described in the
preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from
attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a
loss of earnings and earning capacity, to her great financial damage and expense.
WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty
Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees.
COUNT II
PLAINTIFF vs. DEFENDANT~ JOHN REDCAY
17. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 16
inclusive of this Complaint as though the same were set forth herein at length.
18. At the time of the aforesaid, the negligence, carelessness and recldessness of defendant,
John Redcay consisted of the following:
(a) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for operating vehicles at a high and excessive rate of speed;
(b) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for failing to have the said vehicle under proper and adequate control at the
time;
(c) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for failing to observe a clear, assured distance ahead;
(d) Negligent entrusted his vehicle to an individual who he knew or should have
known had a propensity for failing to give proper and sufficient warning of the approach of his vehicle;
(e) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for operating said vehicle without the due regard for the rights, safety and
position of the Plaintiff herein at the point aforesaid;
(f) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for operating said vehicle in violation of the Ordinances of Cumberland County,
and the Statutes of the Commonwealth of Pennsylvania;
(g) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for failing to observe a traffic signal;
(h) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for failing to stop for such traffic signals;
(i) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for negligence of law; and
(j) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for other acts or failures to act which may constitute negligence as shall become
apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the
trial of this case.
19. As a direct and proximate result of the negligence, carelessness and recklessness of the
defendant, Stephanie Redcay as herein above described, plaintiff Amanda Schaeffer was caused to suffer
severe injuries to her body and extremities, including but not limited to cervical acceleration
deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain
radiating into her legs, right neck strain and sprain, right shoulder sprain with limitation of lateral
rotation, treatment of cortisone and lidocaine injections to right trapezius,, ligament right neck and
shoulder strain and sprain, together with severe shock to her nerves and nervous system, by reason of
which she is rendered sick, sore, lame, prostrate and disordered and was made to undergo great mental
anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to
suffer for an indefinite time in the future.
20. Plaintiff has suffered serious impahment of a bodily function and/or permanent serious
disfigurement as a result of the negligence of Defendant.
21. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend
large and various sums of money for medicine and medical attention and she will be required to expend
large sums of money of the same purpose in the future.
22. As a direct and proximate result of the negligence of the Defendant as described in the
preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from
attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a
loss of earnings and earning capacity, to her great financial damage and expense.
WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty
Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees.
COUNT HI
PLAINTIFF v. DEFENDANT, MARY ANNE LARD
23. Plaintiff incorporate herein by reference the allegations set forth in paragraphs 1 through
22, inclusive, as if set forth fully at length herein.
24. At the time and place of the aforesaid, the negligence, carelessness recklessness of the
defendant consisted of the following:
operating said motor vehicle at a high and excessive rate of speed under the
(a)
circumstances;
(b)
(c)
(d)
(e)
failing to have said motor vehicle under proper and adequate control at the time;
falling to observe a clear assured distance ahead;
failure to give proper and sufficient warning of the approach ofber vehicle;
failure to operate said vehicle without due regard for the fights, safety and
position of the plaintiff herein at the point aforesaid;
(f) failing to keep a proper lookout;
(g) falling to apply the brakes of the vehicle in such a manner that it could be stopped
in time to avoid a collision;
falling to exercise care and diligence in the operation of said vehicle so as to
avoid a collision;
(i)
operating said vehicle in violation of the Ordinances of Cumberland County, and
the Statutes of the Commonwealth of Pennsylvania;
(j) failed to stop her vehicle to avoid a collision, causing injuries to plaintiff;
(k) negligence at law; and
(1) such other acts or failures to act which may constitute negligence as shall become
apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the
trial of this cause.
25. As a direct and proximate result of the negligence, carelessness and recklessness of the
defendant, as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to
her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical
sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, fight neck
strain and sprain, right shoulder sprain with limitation of lateral rotation, treatment of cortisone and
lidocaine injections to fight trapezius,, ligament fight neck and shoulder strain and sprain, together with
severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame,
prostrate and disordered and was made to undergo great mental anguish and physical pain and as a result
of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future
26. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious
disfigurement as a result of the negligence of Defendant.
27. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend
large and various sums of money for medicine and medical attention and she will be required to expend
large sums of money of the same purpose in the future.
28. As a direct and proximate result of the negligence of the Defendant as described in the
preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented fxom
attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a
loss of earnings and earning capacity, to her great financial damage and expense.
WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty
Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees.
COUNT IV
PLAINTIFF v. DEFENDANT, COLIN M. LEIGHT
29. Plaintiff incorporate herein by reference the allegations set forth in paragraphs 1 through
28, inclusive, as if set forth fully at length herein.
30. At the time and place of the aforesaid, the negligence, carelessness recklessness of the
defendant consisted of the following:
(a) failure to exercise due care with regard to the front-seat passenger, who was in
the vehicle he was operating
(b) falling to have said motor vehicle under proper and adequate control at the time;
(c) failing to observe a clear assured distance ahead;
(d) failure to give proper and sufficient warning of the approach of her vehicle;
(e) failure to operate said vehicle without due regard for the rights, safety and
position of the plaintiff herein at the point aforesaid;
(f) failing to keep a proper lookout with regard to the safety and well being of his
front seat passenger, who was in the vehicle he was driving;
failing to exercise care and diligence in the operation of said vehicle so as to
(g)
avoid a collision;
(h)
operating said vehicle in violation of the Ordinances of Cumberland County, and
the Statutes of the Commonwealth of Pennsylvania;
(i) failed to avoid a collision, causing injuries to plaintiff;
(j) negligence at law; and
(k) such other acts or failures to act which may constitute negligence as shall become
apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the
10
trial of this cause.
31. As a direct and proximate result of the negligence, carelessness and recklessness of the
defendant, as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to
her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical
sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck
strain and sprain, right shoulder sprain with limitation of lateral rotation, treatment of cortisone and
lidocalne injections to right trapezius,, ligament right neck and shoulder strain and sprain, together with
severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame,
prostrate and disordered and was made to undergo great mental anguish and physical pain and as a result
of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future.
32. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious
disfigurement as a result of the negligence of Defendant.
33. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend
large and various sums of money for medicine and medical attention and she will be required to expend
large sums of money of the same purpose in the future.
34. As a direct and proximate result of the negligence of the Defendant as described in the
preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from
attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a
loss of earnings and earning capacity, to her great financial damage and expense.
WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty
Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees.
11
COUNT V
PLAINTIFF v. DEFENDANT, JANICE M. JANJANIN
35. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 34
inclusive of this Complaint as though the same were set forth herein at length.
36. At the time of the aforesaid, the negligence, carelessness and recklessness of defendant,
Janice M. Janjanin consisted of the following:
(a) Negligently entrusted his vehicle to an individual who he knew or should have
known had a propensity for failing to have the said vehicle under proper and adequate control at the
time;
(b) Negligently entrusted her vehicle to an individual who he knew or should have
known had a propensity for failing to observe a clear, assured distance ahead;
(c) Negligently entrusted her vehicle to an individual who she knew or should have
known had a propensity for failing to give proper and sufficient warning of the approach of his vehicle;
(d) Negligently entrusted her vehicle to an individual who she knew or should have
known had a propensity for operating said vehicle without the due regard for the rights, safety and
position of the Plaintiff herein at the point aforesaid;
(e) Negligently entrusted her vehicle to an individual who she knew or should have
known had a propensity for operating said vehicle in violation of the Ordinances of Cumberland County,
and the Statutes of the Commonwealth of Pennsylvania;
(f) Negligently entrusted her vehicle to an individual who she knew or should have
known had a propensity for negligence of law; and
(g) Negligently entrusted her vehicle to an individual who she knew or should have
known had a propensity for other acts or failures to act which may constitute negligence as shall become
12
apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the
trial of this case.
37. As a direct and proximate result of the negligence, carelessness and recklessness of the
defendant, as herein above described, plaintiff Amanda Schacffer was caused to suffer severe injuries to
her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical
sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck
strain and sprain, right shoulder sprain with limitation of lateral rotation, treatment of cortisone and
lidocaine injections to right trapezius,, ligament right neck and shoulder strain and sprain, together with
severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame,
prostrate and disordered and was made to undergo great mental anguish and physical pain and as a result
of which she has suffered, yet suffers and will continue to suffer for an inde£mite time in the future.
38. Plaintiff has suffered serious impaimient of a bodily function and/or permanent serious
disfigurement as a result of the negligence of Defendant.
39. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend
large and various sums of money for medicine and medical attention and she will be required to expend
large sums of money of the same purpose in the future.
40. As a direct and proximate result of the negligence of the Defendant as described in the
preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from
attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a
loss of earnings and earning capacity, to her great financial damage and expense.
WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty
13
Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees.
ROSENTHAL & STRAUSS
I~,~ D.'~OSEN~d~
Attorney for Plaintiff
14
VERIFICATION
I, Brian D. Rosenthal, Esquire, verify that I am the attorney for plaintiff, Amanda
Schaeffer in this matter, and that upon my knowledge and belief, the facts set forth in the
foregoing Amended Complaint-Civil Action, are tree and correct.
This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unswom falsifications to authorities.
DATED:
ROSENTHAL & STRAUSS
Bt~IAN D. ROSENTHAL
Attorney for Plaintiff
Exhibit A
/~ COMMON WEAL TH OF PENNS. IA NIA
.... POL/CE A CC/DEN r REPORT
~- POLICE INFORMATION ACCIDENT LOCATION
~- INCIDSNT ' ~ C / 20 COtJi~]'Y
]2 AGENCY /% , " 21 MUNICIPALITY CODE
~STATONI ~ ,'- 14. PATROL Mi' PR/NC/PAL ROADWAY INFORMA T/ON
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16 DID VEHICLE HAVE TO BE REMOVED 17, VEHICLE DAMAGE 31. DIRECTION ~ 32, DISTANCE
FROM THE SCENE? 0- NONE UNIT I ~ FROM SITE N S E W FROM SITE ~ MI
2 - MODERATE MEASURED ESTIMATED
[ ZONE ~ ~CONTROL
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UNIT ~ I UNIT ~ 2
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40. OWN~... 40. OWNER
41. OWN 41. OWNER -
ADDRESS X ~ ~ ~ L ).~ ¢~' .~,: , ADDRESS ~',.,C
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58. DRIVER ,
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60. CI~, STATE
& ZIPCODE ~ ¢;; (. ~ ~-- ~ ~ 7~' ~ 2 60. CITY, STATE
~.yDCOMM'N~VEH' 65. CLAssDRIVER ~' ~ 66. ss~DRIVER 64. y~COMM'N~VEH' 65. CLAssDRIVER (% j 66. Ss~DRIVER
67 CARRIER 67. CARRIER
~. CARRIER 68, CARRIER
ADDRESS ADDRESS
69. CITY, STATE 69. CITY, STATE
& ZIPCODE & ZIPCODE
70. USDOT~ _ IICC~ PUC~ 70. USDOT, IlCC~ PUC~
~VER. (73~CARGO 74. GVWR ~VEH. ~CARGO 74. GVW,
CONFIG. [~ODY ~PE ~CONFIG. ~ODY TYPE
75. NO. OF ~HAZARDOUS ~. RELEASE OF H~ MAT 75. NO. OF ~6~HAZARDOUS 77. RELEASE GE H~ MAT
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87. NARRATIVE - IDENTI~ PRECIPITATING ~ENTS, CAUSATION FACTORS. SEQUENCES OF ~VENTS, WITNESS STATEMENTS. AND PROVIDE ADDmONAL
D~AILS, LIKE INSURANCE INFORMATION AND L~ATION OF TOWED VEHICLES. IF KNOWN.
~NSURANCE COMPANY iNSURANCE CO~P~Y
NAME ADDRESS PHONE
88.
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89. VIOLATIONS INDICATED 90. SECTION NUMBERS (ONLY IF CHARGED) TC NTC
~PROBABLE ~2.}TYPE ~RESULTS ~NO TEST ~I~PROBABLE ~2.)TYPE ~RESULTS ~O TEST 94. INVESTIGATION
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A.A-45 (1/92) i 8 0 4 3 7 i PAGE: .~ INVII=~IlC-~I"~ AGENCY
(~. REFER TO OVERLAY SHEETS
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1.INCIDENT (~ ~ ~. ~ , 9. ACCIDENT
NUMBER /' -~ ~ / ~ ,~/C: /
, ~ DATE
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F,-1 .UMBER O E 27
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COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT
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67. CARRIER
68. CARRIER
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62. DATE OF .m '~ I I ,PHONE
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CLASS . . ,
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75. NO. OF 76~.~. AZ ARDOUS ~77. RELEASE OF HAZ MAT
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87. NARRATIVE · IDENTIFY PRECIPITATING EVENTS
DETAILS
CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL
INSURANCE
INFORMATION
UNIT
NO
AA-4~S (1~J2)
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PAGE:
94. INVESTIGATION COMPLE I ~ ?
YES NO r-1
INVESTIGATING AGENCY
! /~--~-4~, COMMONWEALTH OF PENNSYL ANIA
PAR CONTINUA T/ON SHEET
PENf, DOT
USE
ONLY
NUMAR ~AT~ CODE
(~_~BRSON INFORMATION - USE OVERLAY # 2 SHEET FOR CO[~S
C D E F G NAME ADDRESS H I J K L M
87. NARI~TIVE:
: : :
~ ; ; : ; : ; : ; ; ; : ;
:~:':~::~' ' ' "':" 89. DESCRIBE VIOLATIONS 90. SECTION NUMBERS (ONLY IF CHARGED ) TC NTC
~ plmyROBABLE .~..~PE ~.,.~:iESULTS .I~NOTEST~'~:~ '~ ?'~.~ROBABLE p2m~)TYPE '~,,~RESULTS I'-'~ NO TEST Ig4.1NVESTIGATION
~ --USE -- TEST / REFUSE ~--USE -- TEST REFUSE C CMPLETE ?
AA-45C (1/92) PAGE:
INVESTIGATIHG AGENCY