HomeMy WebLinkAbout09-0264
Paul C. Bametzreider, I.D. #55748
Reilly, Wolfson, Sheffey, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, Now Known As JBT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
Vs.
VICKI A. NICKEY AND DAVID A. SIPES, :
Defendants :NO. o200q- '?J,cj Civ;l Tex'M
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 an attorney, and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter my appearance for the Plaintiff in the above captioned case.
REILLY, WOLFSON; SHEFFEY, SCHRUM
AND LU BERG LLP
By. -?
Paul . ametzreider, Esq.
Date: I
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES
ACT, 15 U.S.C. §1692 et seq. (1977), DEFENDANTS MAY
DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION
THEREOF. IF DEFENDANTS DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANTS WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID.
LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS
OF RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL SEND DEFENDANTS THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE
END OF THE THIRTY (30) DAY PERIOD FOLLOWING
FIRST CONTACT WITH YOU BEFORE SUING YOU TO
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
COLLECT THIS DEBT. EVEN THOUGH THE LAW
PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY (20)
DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME.
FURTHERMORE, NO REQUEST WILL BE MADE TO THE
COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF
THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY
PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO
COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED
INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS
AND OBLIGATIONS IN THIS SUIT.
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
Paul C. Bametzreider, I.D. #55748
Reilly, Wolfson, Sheffey, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, d/b/a JBT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
VS.
VICKI A. NICKEY AND DAVID A. SIPES, :
Defendants : NO. v- Qoq L "TEa j-?
COMPLAINT
AND NOW, comes Jonestown Bank and Trust Company, doing business as
JBT, by and through undersigned counsel and alleges the following:
1. Jonestown Bank and Trust Company, doing business as JBT, is a
Pennsylvania state banking corporation with a place of business at 421 East Penn
Avenue, Cleona, PA 17042 ("Plaintiff").
2. Defendant is Vicki A. Nickey, a sui juris individual, who maintains a place
of residence at 1489 Creek Road, Carlisle, Cumberland County, Pennsylvania 17015-
8934 ("Defendant").
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
3. Defendant is David A. Sipes, a sui juris individual, who maintains a place
of residence at 1489 Creek Road, Carlisle, Cumberland County, Pennsylvania 17015-
8934 ("Defendant").
4. On or about May 22, 2008, Plaintiff loaned to Defendants the sum of
Nineteen Thousand Three Hundred Ninety-one Dollars and Nine Cents ($19,391.09),
and Defendants were to repay the principal amount over a period of seventy-two (72)
months by making monthly principal and interest payments of Three Hundred Forty-
seven Dollars and Thirteen Cents ($347.13) commencing June 21, 2008, and
continuing until paid in full.
5. Defendants' obligation to repay the said sum of money was reduced to
writing in the form of an Installment Sales Contract which a true and correct copy is
attached hereto and marked as Exhibit "A".
6. Plaintiff secured Defendants' obligation to repay the principal and
interest and all other amounts due and owing under Exhibit "A" by taking a purchase
money security interest in one used 2006 Pontiac G6, VIN #1G2ZM551664164546
("vehicle").
7. Exhibit "A" provided that if Defendants failed to make monthly payments
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
when due, Defendants would be in default under the terms and conditions of Exhibit
"A" and Plaintiff would be legally entitled to declare a default and repossess the
vehicle.
8. On or about August and September, 2008, Defendants failed to make
the monthly payments then due and owing and Plaintiff declared the obligation to be
due in full.
9. Pursuant to said declaration and in accordance with the terms of Exhibit
"A", Plaintiff repossessed the vehicle.
10. Plaintiff provided Defendants with a Notice of Repossession on or about
October 8, 2008. Copies of said Notices are attached hereto and marked as Exhibit
"B"
11. Defendants failed to pay any monies due and owing as stated in Exhibit
"B" and on or about December 4, 2008, the vehicle was sold by private sale for the
sum of Eight Thousand Dollars ($8,000.00) with the sum of Eight Thousand Dollars
($8,000.00) being applied to the total amount due and owing to the Plaintiff.
12. The sale of the vehicle resulted in a deficiency in the amount of Twelve
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
Thousand Three Hundred Twelve Dollars and Eighty-two Cents ($12,312.82) which
remains due and owing to the Plaintiff.
13. On or about December 10, 2008, Plaintiff informed Defendants of the
deficiency amount and Defendants' obligation to pay said deficiency amount to
Plaintiff. Copies of said notices are attached hereto, incorporated herein and marked
as Exhibit "C".
14. Pursuant to law and the terms and provisions of Exhibit "A", the Plaintiff
is entitled to collect any deficiency between the price obtained for the vehicle and the
amounts due and owing to the Plaintiff, plus the costs of collection including
reasonable attorneys' fees.
15
sums:
16.
Based upon the foregoing, Defendants now owe to Plaintiff the following
Principal
Interest accrued through 12/24/08
Continuing to accrue thereafter at
a per diem rate of $2.69
Late charges
Other charges
Reasonable attorneys' fees
TOTAL
$ 11,227.94
644.64
69.42
408.50
3.705.00
$ 16,055.50
Although demand has been made Defendants have failed and refused to
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
make payment of -the foregoing sum.
WHEREFORE, Jonestown Bank and Trust Company, doing business as JBT,
demands judgment against the Defendants, Vicki A. Nickey and David A. Sipes, for
the foregoing total sum plus accruing costs, fees and interest.
REILLY, WOLFSON, SHEFFEY,
SCHRUM AND LUNDBERG LLP
By:
Paul C. Bametzreider, Esq.
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
C 1?f? 1(212412008 13:27 7172"x""98012
PbRCjASE LOAN NOTE ARISC'URITY AGREEMENT
JBT
Date ri pwini A VJ
ANNUAL FINANCE
PERCENTAGE RATE CHARGE
The oast of Your credit as The dollar amount the
a vastly rote. errant will cost you.
cA 1 $
V.ux Ds",""", C"A,ul„In 1.0 M•
Amount Financed
Thu amount of credit pmvirled
to you or on your behalf.
$ 19391.09
Total of Payments
The amount you will have paid
niter you have made all scheduled
payments.
$ 74993.36
on, of Payloonla Amount nl Payments n Paymonta Ara Ouo „
_
17 - 5 Mtmthly, bealnnina 121 J2008
$
Ileourity: Any money you have on deposl with Us seeares this loan. Conlibiral securing other ohligatiMts to us may also secure this ban.
You are giving a security inlerasl in the Motor Vehicle hying purchased,
Flllox Pate, $. . ., „
Late C)mryc If a paymenl Is late, you will he rharned 10% of the payment which was not paid in full, or $20,00, whichever is growler.
Prepayment: If you pay nil early, you will not have to pay a penafty.
See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in hull
before the scheduled date and prepayment refunds and periNdlic it mum eath ate
To Credit Insuronoa Company
11 MIA
To Public Officials for.
Llconso, Tags loci Registration
Clan ar tA' _ 07
00
0pllalel tbbt fmnoatlation (GAFI
The extension of credit represented by tide Motor Vehicle PumboN 1.010 Note lad F9MOrtty A,groeu pal ("AaNdifienl-) n made 4 -_N11
subject In Section 322 or the Pennsylvania Banking Cody 7 17.5..122. 77th; Agrcert+cad M between Linder and norrnwer, and To KA„ 94 _
covers a Rion which Borrower win % be to purcbsse a motor vtfilcle from Boller, Satter Is actiag as an ineortersltfry for this loan butt $
is not a party to this Agreement. fig
In ibis Agreement, "We" are the 1.E141" it. Vivo sell, give or transfer our ownership dl' this Atpeatrtnnt to any Other AOn of Amount Financed
company, theca words Men rotor to tbol person or unmpuny. 'l'int other person or company shall have all or our r ghes and f I
hanalits in this Agreement, and It shall hahrnh to rind he enforceable by such pc"n or company. Your rights and obligations Pnroald Finance ChateC
continue tmchnnged.'rho LENDER la:
JONF„STOWN BANK AND TRUST COMPANY, Jonestown, Pennsylvania 19638 ? NIJ
"You" are the Ireoa•In ana uewnpsymai1t
BORRf)wh:x: VII HICKEY 489 f?RCIiK n Cash Price
na 0 SI RE S 41t, T Lis. PA. 15
Name(s) AdrlreKes) Zip Code(s) f nn_
)r there is more than one Borrower, each promises separutey nod together with the other Borrowers to pay all amounts due on and tah wnpaymant
to keep nil other promtica made in, thin Agracmant, _ f
l6 ATL AVENUE
•I7tear:l.t.l!l: is; FREDERICK . -RT lF iFN PRE?•Q}?N.E1><tJ3g.l?EYS. Y/!I.CH.I9ii , Value of Trade-in
- $
Name(s) Addrotl(G) ZIPC:ixlo(s) N/A
VEHICLIs You arc purchasing from Iho Sotlor and granting to us a security intcrosl in Iho following motor Yoh(ok and its eatrtt Amount Slip Owing
equipment, which is calked the "Vehicle" in Ink Agreement. S N/A
. _J
N11.1 Year AntiMnke Model Bad SI k No. C 1. Truck Tan Capacity Vehicle Idan?ilioalinn No.
USED _.2Q.Q _F_0XT,(A.C- C7?i S?I?? 6 1G2TM55166A16450
Ogoipood with: -
_._. _. Spd Manual Trans Air ('dntlltioning Power Door I[Acks Power Seats 4 Wheel I)rtvc _ AM1 FM Stereo
AotomatieTrnro _ Tilt Wheel _ Power Steering _ Power Mirrora Tow I'ookugs ''ape
rhasel Engine _ Lather Sestj _ Power Brakes _ Power W indowj Cruise Cultural CD
01 her:
You have traded
in the followinn VchicIT
n?.,....r rl.w V.1.1.1. PAGE 10/11
MOWNERi Any person signing the Co-DwuorS Socurity Agroomanl below Vivo; PROPRRTY TNSURANCE: Yotn muy choose the person throul:h whom
U% :k security iau;raxt In the Vehiule and Janes aeparotoly and together wilt all Co- insurnnca is obinined onninst low or damapp to the Vehicle and lutoinst liahilhtyy
Ownnr(t:) nod Borrower(s), to perform all'npreoments in the Somwity Agreemont arising out of ownership or eve of the Vchtolc. 't'his property insursutae u M41,11 xl,
and all other parts of this Agroomant except the "Promise to Pay" aoetion, as jet forth in ilia "Additional Terms" on the reverse Adc of tills Agreement.
C -MONRRs Any person signing the Co-Sinner's Artroomonl below prrtmiaen rROMIST TO PAY' Yott promise to pay rte the principal ntncunl of U.S.
jeparately and together with all the Co-Signer(s) and Borrower(s), to pay all sums (g x,141 A4 )trpo7llegn, prat intaroat on the unpaid
tine cart in perform all ugrcemetns in this Agreemen[ Co $lancr wi not be an principal amount computed at the rote of 8 , 75 % per year, simple inter-cot
12/2d/2008 13:27
7177- 38LI12
JBT
An •OKAIL'I'fISR)VItS ail IMM CONDITIONS
1, SXCURfTY AGRKFMITNT: To saenro two payment of all RUms due and the
Purim Plim of all rcquirod obNgatlorn render this Agreement. You give a uceurhy
interest in the Vehicle, in All Patin (Called "nooossioAa') nttachcd to the Vehicle at
any Inter tlmt And in any proceeds of the Vehicle, Including insurance prooEetit.
we may set-off any sienna due and unpaid under thin Agreement Lignin it any of
your money an deposit with nn. This Inchules any money which is new nor may in
the future ba depositod with us by you. We cony do this without env print notice to
you. In naklhion to this Ap=icht, the schrvity inloresl secures the payment Ar nil
sumo atilt the performance of all pluralities matte in all other notes, loan egroonatom
and thro of cradit agreomonls of you to tin and of any I. a -Owtier to no.
2. MOs' THE TOTAL. OM PAYMENTS IS COMPUTEDi'('he "Total of
Paymanss" shown an the front aide ha4 been compared on the Assumption shut we
wil) ntceive all payments on their RchedWat dm drains,
3, COMPUTING INTRMr: We will charge interest on a daily bnsis on the
uutstandinq bntanee sublJoat to Intarent on mob day of the lush term. Thu daily
IALOML rate in equal in the rate stated tit the "Promise to Pay" section divided by
the number of days in that oakndar year. You agree that, because interest Is
enletdalod on a dally hush, laic payments will mouth in :ulditlem¦t Interest (arid, if
atpplloable, a late charge). 5arly payments will result in lent interest being charged.
Early andj or late ralymanot will cause ilia eanounL of the firm, payment to change.
4. BALANCi. SUB,IF,CT TO iNTERRST: The outstanding balance snhjeat to
interest will inclodo only the amount or ibo principal balance that remains unpaid
on the day rot which the Interest Is computed. This includes ilia unpaid portion Of
the principal amount shown in the "Promise to Pay'' uectinn. Lind nny amounts
which lone been Advanced by us under Section id, below.
5, LATE CHARGIIA You agpec to pay a late charge far tiny payment not mode
within 15 days after fix due date, The laic citargo will be io% of the payment which
was not ppaid in foil, or x20.011, whichever Is gnmler.'rhe late eluor will be duo when
utrmed, Na Into charge will he due if the only reason that the payment wns late is
because (1) allor darnels, the entire unpaid balmnoe was due; Or (2) a payment was
not paid id full heuuu,e of the collection of u late charm dual an an earlier payment.
6. NSY xRP: n' yes attempt to make a payment with a shook or imanament which
In dishonored by the drawee (the bank chip holds your depotik account), you agree
to pay An NStr roe or $20.00 for each check,
7, APPLICATION Olf rAYMENTSt We will apply paymonu in the following
order of priority: accrued inherent. Into cltargas. roes and then principal. You agree
that we may amend this or4or of priority at any fora willonid notice to you, it the
amended cider is ram less favorable to you.
K. rR16PAVMRNTi You may prepay. in full or in pan, the emoant owed en this
Agreement on any time without penalty; If you propay, the Alpuamarit in part, you
name to contimhe to make replarly scheduled paymeals Until yet, pay all amounts
dua untlor this Agreement. '1'hili will reduce the number of payments you will make.
I(yms prepay in full, we Will refund in yon tiny unearthod Credit insurance premium
YOU paid.
9. WAIVRRB:
A. WAIVER RV I,ENI)ERs If you hnve or make In the Nture another loan
agreement with tit. we might obtain a nutasrky intention In your principal dwelling or
that of.tiopnenne else to sceptic that other Innn agrocment. 'rhal security agmernenl
may pIti)Vide that tha principal dwollidg nccaarep "al only that other loan agreement
but also gill other ]nun agreements of yLmrs with its, We wahro (give up) any melt 10
olahn to security interest in the principal dwelling of any person to secure this
ASreaeant unions the security f tiaras ii apooifiaafly given to scaure thin Apamcm.
h. WAIVRRS BY NORROWaR, C("IGNER' AND CO-OWNER: Yon egroe
to make nil Pnymonls on of before they are one without our having Tt ask. it you
don't, we may enforce our rights without ltoeifying you in advance. You give up any
right you may have to require that we onronso: nor rights against some other person
or property loel'ore we onfnrok our lights Against ynu, You agree that We may give
up our rifhts against same Orhor portion but not ngnimlf you. You walve duau
diligence in ellection And all dcfOnsca basal nn suretyship and impairment of
unilateral or security.
10. 1NITURST AFTRR MATURITY AND JUDGMENTI Interest At the rate
provided in thin A"noom shall continue In weenie on the unpaid balance until
paid in full, avcn unur manrrity, aand/or after we pt a lodgment agalnM you for she
amovnh duo andf or you boa *me a debtor In an actinn filed by or aunder the Bankruptcy Ctmla, This will apply oven If tlta mpttaarity odours Cu. booaof
acceleration. If al Any time Interest as provided far in ibis paragraph is not
permitted by WW, intcrasl ehpll nocruc at the highest rate allowed by applicable law
beginning At that time.
11, YOUR PROMIVLL9 ABOUT OUR SE(?I)RrrY iNTRIIII You will not
permit anyone Other than its to obtain A ,roCurity, interest or other rights in Thu
Vehicle. You will pay nil (Ring fen accessary rot- tm to uhtaln and mnintain our
ta:urily interest in the Vehicle. Ynn will assist Us in having our security interest
or any of out authotiratl employees may endemic ,Your name. aellag as your agent.
to any chock, draft or othot inattuDMi we raevlVA in PitYrM N Of an hunted loo or
return nrinsnrseac premiums. You agree that yynne do not have the right to, and will
not, revoke the power you burro given as to ntaka yitur andnronmi, Vats nano that
we may exumiac this power for our benefit cad hot far your benefit, ascePI. Lis
provided In this Agroun ant and by lass,
a. USE OF PRM:BBIM We may pnply my Inauranoc wo raccfvc To
repair ar repkta• the Vehicle It, In nor aplrikrn, it M cWhom 1?y feaalhlc Nerd you
ere not then In default of thin Aggrroaameet Otherwise. we will apply the biaurams
proceeds to reduce the unpaid balance dne an. After the balance duo us It paid, any
ss.•tcea t will bating to yon.
14, OUR RIGHTS fir YOU BREAK YOUR PROMIBEB ABOUT THE
tiFC IRiTY INTEREST, VNINIC:I,R, OR INSURANCE: if you fail to keep your
prinnoiaes to ppay tiling fees, taxes, liana or the costa necamary to keep the Vehicle in
good aondixe to and repair, we may ally rte nay mottoyy yen pproromlead to pay. 1R
YOU NAIL. TO KVIIP YOUR PROMISGR ABOUT RECyUIRED INSURANCE
WE MAY ADVANCe a40NEY TO OBTAIN INSURANCE TO COVER LOSS
OR DAMAGE 'IYS Tlfr VEHICLE, THE INAiIaANCE WE BUY FOR YOU
COULD BE Mut:rr MORE EXPENSIVE AND MAY PROVIDE LESS
COVERAO R 'I'll AN INSURANCE YOU COULD BUY YOURSELF. We have
the choice of whether or not to advance city many for these purposes. Such
insurance will k limited do an amount not greater than what you owe on this
AgroomoM. We will add an money we advance on your behalf to the balance im
which we impose Finance Charges td the interest rate stated in the "Promise to
pay" Section. Yall nliree to ropey the money Advanced as we skmo tray specify. (i)
Immediately an demand: (u) If permitted by law, along with your monthly
paymanw; or (fii) In it h,mp som at the end or the term of this Agreement. If we
choose to allow you in repay the money advancat nlong with your monthly
payments, we cad ulnae the Amount of theist Payment$ and w long you have to
raptly, The Vehicle will also secure paymotit of Ihac eremunpU, it may of our rights
stated in this paragraph Ls not permfued by law, we Still have the other rigbts
mentioned. our payments on your hchnlr will not cure your failure to pcr(orm your
promisee in this Anreemcat.
15, Ol[FAVLTs in Lhio paragraph "You" moats the Borrower, Cis- Igner and Cc-
Owner. or nny one of them, You will be in "Default" nr the Agrcemont if any one or
mnro or the fol)owitsg things hnppew
a. You do not maka any payment on or before it h doom;
h. Yon do not keep any Prontka yraI mask in this Agraaemaal,
r You do not keep any promise you made to us In another contract. note, loan or
aiireement with us;
d, You mode nny untrue Statement In the credit application for thin Agreement,
A. VMi committal any forgery in ronnoolion with this Agreement;
r. YOU tile- Are conyklur of a climo Involving feaud or disdinnosly, or arc round
by it court with jurisdlotiun to do so to he ineapach clad.
g. Yari tile bankruptcy or immlvrney prntnrodinp, of anyone lilac lmnltruptoy or
insolvency pratezedfnap against you;
IT. You lake tic Vahtalo at" the United 4tateti or Canada without our written
consent:
1. You uao the Vchicla or Allow s0lationc chic to use it in a way that tatu ics it not
to he covered by your Irsturnnus,
I. You do something that nausea the Vchlda La be atibJeot to confiscation by
novernmont i utheritiue;
k. The Vehicle Is lost, atolon, destroyed or damugal beyond economical ropalt,
and not final or (nand within a reaaanabk time; or
L Another credlnr tries to lake the Vehicle or ymar money tin deposit with us by
legal process.
1e. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT; if you
are in VrAsuR of this A(peomoet, we may aurorae our rights socordlnS to law. We
may also do the Thing% specifically mentionctl In this Agreemont. We may do one of
these thMggs Lind sat the tinme time or later do anOChar, 4nme of oho things we may do
arc fine followin
it. ACC119MATIOM We can derrrnnd that you pay to w the entire unpaid
balance owing on the Agreement and nn unpaid Pinang Charges nod other money
dace, You agree that you will pay this money to us In one ample payment
imawdlateiy upon rokklving ma demand,
h. RKrOMISMION: We can rnu.ppounam, the Vehicle, un:em prohihital by Inw.
We can do this ourselves, hovo a quallfktl pcnnn do it for us, or have a government
official (by raplullin) do it rot us. You agree thAl we can peaceably usmo an to your
property to do this. We may take :toy tither things found Ili the Vehicle, has will
return them things Io yon l you oak. If you want theca things book yvn agree to
oink us in a letter sent to us byy wmirlod malt within 74 hours. If you du hall sand tar
this littler. you give tip nay Ton to those things. You Agra thin we may use your
lieonsk hues in repnsneMlgp the Yehiclo And Taking it to a place rot' storage.
a. VOLUNTARY n1II,iVRRY: We can stk you to give w the Vehicle at a
responsibly convenient pine. YOU agree to give ter the Vahlole if we oak.
PAGE 11/11
12/24/2008 13:27 7172798012 JBT
Jonestown Bank & Trust Co.
bankjbt.eom
btsm
J041111111110
Collections Department
421 E. Ponn Ave.
Cleona, PA 17042
Phone: 717-274-5180
Ext. 319, 356 or 337
Fax: 717.279-8012
Notice of Repossession
October 8, 2008
i)ayid A. Sipes
1489 Creek Rd.,
Carlisle, PA 17015.8934
"Certified Mail"
RE: Acct. No. 6110986
PAGE 03/11
2006 Pontiac 06
iG2ZM551664164546
Pursuant to the Motor Vehicle Sales Finance Act of 1947, as amended , you arc hereby notified that the above referenced
vehicle has been reposessed because of default in payments of Installments duc: Augrrsr A September
You may redeem said motor vehicle by payment in cash at the office of Jonestown Bank and Trust Company, Jonestown
Pennsylvania on or before 2:00 PM, October 23, 2008
The exact amount required for redemption for the vehicle may be verified by contacting the undersigned at (7I7) 274-5180
Ext. 319 located at 421 E, Penn Ave., Cleona, PA 17042,
The following amounts are due:
Unpaid Balance of Loan $19,010.94
Less Refund of Charges (-)
Net Unpaid Balance
Accrued Default Charges $69.42
ADDXT101VAL COSTS IF1t,S V8SWSED MORE TITIAN 15 DAYS AFTER DErAULT
Cost of Retaking $375.00
Cost of Storing, Repairing and Other " Unknown 50100
$0.00
Total Additional Costs $0.00
Total Amount Payable to Redeem Vehicle $.19,455,36 plus accrued Interest
*Plvs a daily increase for starage, and other repaiseesion expenses
which are aubser4emdy incurred and allowed by the vehicle contract.
Stored at: Whitcomb Recovery, 3132 Walnut 3t., l-larrisburg, PA 17109
Jonestown Bank and Trust Company
n E.
q $
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12/24/2004 13:27
7172798012
JBT
PAGE 04/11
Page: 2 of 2
Regardiess of whether or not you redeem the Vehicle, you may retrieve your license plate and other items of pen. onal
property from the Vehicle. Tn order to retrieve your license plate and/or other items of personal property, you must contact
the bank representative by certified mail within 24 hours of your tocelpt of this Notice of Repossession. If you do not
contact the bank represeritetive within ?A hours after you receive this Notice, the personal property will be presumed
to be abandoned by you, and the Bank will dispose of your personal property in an appropriate manner without any
firther notice to you.
Payments shall be made to or notices may be served upon person signing this notice at Jonestown Bank and Trutt
Company, 421 E Tenn Avenue, Cleona, PA 17042. Tf said motor vehicle is not redeemed as aforesaid, undersigned
will resell said vehicle by private sale at the expiration of 15 days from the date of Oersonai delivery or mailing
of this notice in accordance with said Motor Vehicle Sales Finance Act. The money that we got from the sale (aver
paying our costs) will reduce.the amount you owe. if we get less money than you owe, you will still owe us the difference.
if we get more motley f}ian you o*e,'you will get the'uxtra money; unless we mutittpay it to someone alga. if you-.need
more information about the sale, call me at 717.274-5180 ext 319 or write me at 421 E Penn Avenue, Cleona, PA 17042
.TONESTOWN BANK AND TRUST COMPANY
Susan Reiner
Collections Manager
12/24/2008 13:27 7172798012 JBT
jkw Jonestown Bank & Trust Co.
bankjbt.oom
PAGE 05/11
Collections Department
421 E. Penn Ave.
Cleona, PA 17042
Phone: 717-274-5180
Ext, 319,356 or 337
Fax: 717-279-8012
Notice of Repossession
October 8, 2008
Vicki A. Niokey
1499 Crook Rd.,
Carlisle, PA 17015-8934
"Certified Mail"
RE: Acct. No. 6110986
2006 Pontiac G6
102ZM551664164546
Pursuant to the Motor Vehicle Sales Finance Act of 1947, as amended , you are hereby notified that the above referenced
vehicle has been reposessed because of default In payments of installments due: Aagwi,&,Se#&wb&
you may redeem said motor vehicle by payment in ca8h at the office of Jonestown Bank and Trust Company, Jonestown
Ponnsylvania on or before 2:00 PM, October 23, 2008
The exact amount required for redemption for the vehicle may be verified by contacting the undersigned at (717) 274-5180
ext. 319 located at 421 E. Penn Ave., Cleona, PA 17042 -
The following amounts are due:
Unpaid Balance of Loan $19,010.94
Loss Refbnd of Charges (-)
Not Unpaid Balancc
Accrued Default Charges $69.42
ADDITIONAL COSTS IF RF-Pt7SSESSLD MORE THAN 15 DAYS AFTEA DEFAULT,
Cost of Retaking $375.00
Cost of Storing, Repairing and Other * Unknown $0.00
$0.00
Total Additional Costs $0.00
Total Amount Payablc to Redeem Vehicle $19,455.36 plus accrued Interest
*Plus a daily increase for starage, and other repossession arpenaes
i-Mich are subsequently incurred and allowed by the vehicle contract.
Stored at: Whitcomb Recovery, 3132 Walnut St., Harriabur& PA 17109
Jonestown Bank and Trust Company
12/2/2009 13:27
7172798012
JET
' Page 2 of'2
Re,ga,rdless of whether or not you redeem the Vehicle, you may retrieve your license plate and other items of pm. oral
property from the Vehicle. In order to retrieve your license plate and/or other Items of personal property, you must contaot
the bank representative by certified mail within Z4 .hours of your receipt of this Notice of Repossession, If you do not
contact the batik representative within 24 hours afar you receive this Notice, the personal property will be presumed
to bo abandoned by you, and the Bank will dispose of your personal property In an appropriate manner without any
fufior notice to you.
payments shall be made to or notices may be served upon person signing this notice at Jonestown Bank and Trust
Company, 421 E Penn Avenue, Cloona, PA 17042. If said motor vehicle is not redeemed as aforesaid, undersigned
will resell said vehicle by private sale at the expiration of 15 days from the date of personal delivery or mailing
of this notice in accordance with said Motor Vehicle Was Finance Act. The money that we get from the sale (after
paying our costs) will reduce the amount you owe. If we get Iess money than you owe, you will still owe us the difference.
If we get more money than you owe, you will get the extra money, unlass we must pay it to someone else. If you need
more information about the sale, call me at 717-274-5180 ext 319 or write me at 421 E Penn Avenue, Cleona, PA 17042
JOnsTOWN BAND AND TRUST COMPANY
06/11
Susan Reiner
Collections Manager
12/2e./2009 13:27
7172798912
nT
•
Jonestown Rank S Trust Co.
jbtam benkjht.com
4%NOO
December 10, 2008
David A Sipes
1489 Creek Rd
Carlisle, PA 17015-8934
RE: Account No. 6110986
Dear David:
PAGE 98/11
ColleWom Department
421 E. Penn Ave.
Cleona, PA 17042
Phone: 717-274-5180
EXt. 319, 356 or 337
Fax: 717-279-9012
I am writing to you as collections officer to inform you that we have sold your 2006 Pontiac 06
that was repossessed on October 8, 2008. We received $8,000.00 from the sale of the vehicle
on December 4, 2008. This amount leaves a remaining balance currently of $12,312.82 on
your loan, plus a daily interest rate of $2,69163 per day from the date of this letter. This
amount is now due and payable under the terms of your contract with Jonestown Bank & Trust
Company.
Please contact carte within 10 dame from the date of.thk httor at (71D274-5160 Ext 319. If. I
do not hear from you, we may be forced to take ftu ther collection action.
Thank you for your time and immediate attention to this matter.
Sincerely,
Susan Reiner
Collections Manager
cc: Vicki A Niokey
!2/2e/2008 13:27
7172798012
J'btsm Jonestown Bank & Trust Co.
bankjM.eom
December 10, 2008
Vicki A Nickey
1489 Creek Rd
Carlisle, PA 17015-8934
RE: Account No. 6110986
Dear Vicki:
JBT
Collections Depsrnent
421 E. Penn Ave,
Cleona, PA 17042
Phone: 717-274-518o
Ext. 319, 356 oT 337
Fax: 717.279-8012
PAGE 09/11
I am writing to you as collections officer to inform you that we have sold your 2006 Pontiac 06
that was repossessed on October 8, 2008. We received $8,000.00 from the sale of the vehicle
on December 4, 2008. This amount leaves a remaining balance currently of $12,312.82 on
your loan, plus a daily interest rate of $2.69163 per day from the date of this letter. This
amount is now due and payable under the terms of your contract with Jonestown Bank & Trust
Company.
Please contset me within 19 dava kam the c1 of this letter at (717)274-5180 Ext 319. If I
do not hear from you, we may be forced to take further collection action.
Thank you for your time and immediate attention to this matter.
Sincerely,
Susan Reiner
Collections Manager
ec: David A Sipes
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Susan Reiner
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00264 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JONESTOWN BANK AND TRUST CO
VS
NICKEY VICKI A ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
NICKEY VICKI A the
DEFENDANT
at 2057:00 HOURS, on the 21st day of January , 2009
at 1489 CREEK ROAD
CARLISLE, PA 17015-8934
by handing to
DAVID A SIPES, BOYFRIEND
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
4.50 .56 6 J
10.00 R. Thomas Kline
.00
33.06 01/22/2009
REILLY WOLFSON SHEFFEY SCHRUM
By:
day Deputy Sheriff
A. D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00264 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JONESTOWN BANK AND TRUST CO
VS
NICKEY VICKI A ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SIPES DAVID A the
DEFENDANT at 2057:00 HOURS, on the 21st day of January , 2009
at 1489 CREEK RnAn
CARLISLE, PA 17015-8934
DAVID A SIPES
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00
i ?.
00
10.00 R. Thomas Kline
.00
16.00 01/22/2009
REILLY WOLFSON SHEFFEY SCHRUM
By:
day Deputy Sheriff
A.D.
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Paul C. Bametzreider, I.D. #55748
Reilly, Wolfson, Sheffey, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, d/b/a JBT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
VS.
VICKI A. NICKEY AND DAVID A. SIPES, :
Defendants : NO. 2009 - 264 Civil Term
PRAECIPE FOR THE ENTRY OF DEFAULT JUDGMENT
Please enter judgment in favor of Jonestown Bank and Trust Company and
against the Defendants, Vicki A. Nickey and David A. Sipes. The bank's counsel
hereby certifies that notice of the intention to enter default judgment was mailed to
the Defendants at least ten (10) days prior to the filing of this Praecipe. A copy of the
Notice is attached hereto. Please enter judgment against the above captioned
Defendants in the following amounts:
Principal $ 11,227.94
Interest accrued through 6/15/09
Continuing to accrue thereafter at
a per diem rate of $2.69 1,110.01
Late charges 69,42
Other charges 408.50
Reasonable attorneys' fees 3.705.00
TOTAL $ 16,520.87
REILLY, WOLFSON, SHEFFEY, SCHRUM
P 6C.
AND LUN BERG LLP
Bametzreider, Esq.
Paul C. Bametzreid&, I.D. #55748
Reilly, Wolfson, Shelley, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, d/b/a JBT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
VS.
VICKI A. NICKEY AND DAVID A. SIPES, :
Defendants : NO. 2009 - 264 Civil Term
CERTIFICATE OF RESIDENCE
TO THE PROTHONOTARY:
I hereby certify that the precise address as to Plaintiff and the fast known
address as to Defendants are as set forth below:
Plaintiff: 2 West Market Street
Jonestown, PA 17038
Defendant: 1489 Creek Road
Carlisle, PA 17015-8934
REILLY, WOLFSON, SHEFFEY, SCrHRUM
AND NDBERG L
C. B metzrel er, Esq.
Paul C. Bametzreider, I.D. #55748
Reilly, Wolfson, Shelley, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon,PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, d/b/a JBT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
VS.
VICKI A. NICKEY AND DAVID A. SIPES, :
Defendants : NO. 2009 - 264 Civil Term
To: VICKI A. NICKEY
1489 Creek Road
Carlisle, PA 17015-8934
DAVID A. SIPES
1489 Creek Road
Carlisle, PA 17015-8934
Date of Notice: June 4, 2009
IMPORTANT NOTICE
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 ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
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.
MIDPENN LEGAL SERVICES
513 Chestnut Street
Lebanon, Pa 17042
Telephone: (717) 274-2834
REILLY, WOLFSON, SHEFFEY, SCHRUM
AND LUNDBERG LLP
Paul C. Bametzreider, Esq.
Attorney for Plaintiff
cc: Jonestown Bank & Trust Co.
YOU ARE HEREBY NOTIFIED THAT THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. ANY INFORMATION OBTAINED FROM YOU MAY BE USED FOR THAT
PURPOSE.
FILPD,r
OF THE yr, ` -OTA . {
2009 JiJ °9 16 iii 2: 29
r _I L.
414.00 PD Am--t
GG.# 549'16
RTii? cu(p 8 t3
004 - Pa-L6a
r
Paul C. Bametzreider, I.D. #55748
Reilly, Wolfson, Sheffey, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, d/b/a JBT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
vs.
VICKI A. NICKEY AND DAVID A. SIPES, :
Defendants : NO. 2009 - 264 Civil Term
NOTICE OF FILING JUDGMENT
Notice is hereby given that a default judgment in the above-captioned matter
has been entered against you in the amount of $16,520.87 on the Up"41 day of
June, 2009.
A copy of all documents filed with the Prothonotary in support of the within
judgment are enclosed.
Pro onotary/C vi /vision
By:
Deputy
party: If you have any questions regarding this Notice, please contact the filing
Paul C. Bametzreider, Esquire
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(This Notice is given in accordance with Pa. R.C.P. No. 236.)
F~L~.(,-0i= ~= iC~
200 OGT -7 P~'~ 2~ ti
CU~~~C~~~„!D CGllf~~T ;,
Paul C. Bametzreider, I.D. #55748
Reilly, Wolfson, Shelley, Schrum
and Lundberg LLP
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
(717) 273-1535 (fax)
Counsel for Plaintiff
JONESTOWN BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY, d/b/a JBT, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION -LAW
vs.
VICKI A. NICKEY AND DAVID A. SIPES,
Defendants : NO. 2009 - 264 Civil Term
PRAECIPE TO SATISFY ,7UDGMENT
TO THE PROTHONOTARY:
Please have the judgment of Jonestown Bank and Trust Company, Plaintiff,
against Vicki A. Nickey and David A. Sipes, Defendants, marked satisfied. Defendants
have made payment in full to Plaintiff.
REILLY, WOLFSON, SHEFFEY,
SCHRU ND LUNDBERG LLP
r
aul C. Bametzreider, Esq.
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