HomeMy WebLinkAbout09-0966Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK,
formerly known as CITIZENS BANK
OF SOUTHERN PENNSYLVANIA,
Plaintiff,
vs.
No. - civil-g'm
GARY A. KINER, also known as
GARY KINER,
Defendant.
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania
717-249-3166
9700-370-09R
2/12/09
Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK,
formerly known as CITIZENS BANK
OF SOUTHERN PENNSYLVANIA,
Plaintiff,
vs.
No. 0 q 96 6 cv,`l ?ef A-
GARY A. KINER, also known as
GARY KINER,
Defendant.
COMPLAINT
1. Plaintiff is SUSQUEHANNA BANK, formerly known as CITIZENS BANK OF
SOUTHERN PENNSYLVANIA, a Pennsylvania banking institution having its principal
place of business at 1570 Manheim Pike, Lancaster, Pennsylvania 17601.
2. Defendant, GARY A. KINER, also known as GARY KINER, is an adult
individual residing at 1830 Pine Road, Newville, Pennsylvania 17241.
3. On or about January 7, 2005, Defendant executed a Pennsylvania Motor
Vehicle Installment Sale Contract which, by its terms was assigned to CITIZENS BANK
OF SOUTHERN PENNSYLVANIA, now known as SUSQUEHANNA BANK. The
Pennsylvania Motor Vehicle Installment Sale Contract is referred to herein as the
"Instrument". A true and correct copy of the Instrument is attached hereto and
incorporated herein by reference as Exhibit "A."
-1-
9700-370-09R
2/12/09
4. Defendant is in default under the Instrument. Specifically, Defendant failed to
make payments as required pursuant to the Instrument, which failure resulted in Plaintiff
repossessing the vehicle pledged as collateral under and pursuant to the Instrument
(namely, Defendant's 2005 Chevrolet Truck, Serial Number 1 GCEK1 4VX5Z220146),
and selling the same at an auction sale at and for the sum of $2,700.00. Subsequent to
such sale, demand was made for payment in full of the remaining loan balance in
accordance with the Instrument. Defendant is in default of the Instrument for failing to
comply with such demand.
5. Pursuant to the Instrument, Plaintiff has elected to declare all amounts owing
to Plaintiff to be immediately due and payable.
6. Pursuant to the terms of the Instrument, Plaintiff claims reasonable attorneys'
fees in the amount of $2,500.00 and reserves the right to claim additional attorneys'
fees if actual fees and costs exceed said amount.
7. The following sums are due and owing to the Plaintiff in accordance with the
Instrument:
Principal Balance (after application of
proceeds of the sale of the vehicle):
Accrued Interest through 2/4/09:
Late Charges through 2/4/09:
Other Bank Charges and Fees:
Attorneys' Fees:
TOTAL
$8,970.78
307.83
86.62
383.50
2,500.00
$12,248.73
8. The sums claimed due and owing hereunder are less than the sum required
by this court's rules to avoid mandatory arbitration. The sums claimed due and owing
-2-
9700-370-09R
2/12/09
hereunder are less than the sum required by this court's rules to avoid mandatory
arbitration.
WHEREFORE, Plaintiff, SUSQUEHANNA BANK, formerly known as CITIZENS
BANK OF SOUTHERN PENNSYLVANIA, demands that judgment be entered in favor of
Plaintiff and against Defendant, GARY A. KINER, also known as GARY KINER, in the
amount of $12,248.73 plus interest at the rate set forth in the Instrument (8.99 percent
per annum), attorneys fees in excess of $2,500.00 if actually incurred, and costs.
ZIMMERMAN, PFANNEBECKER,
NUFFORT & ALBERT, LLP
Dated: id l
By:
/Attorney N. Handwerger, Esquire
ney for Plaintiff
I.D. No. 72975
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
-3-
9700-370-09R
2/12/09
VERIFICATION
I, BONNIE STANTON, verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information, and belief. I
further verify that I am the Specialist II of SUSQUEHANNA BANK, and that as such, I
am authorized to make this Verification on its behalf. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
DATED: °?"/0'U ? -Z? ' JA17?7
BONNIE STANTON
-4-
9700-370-09R
2/9/09
EXHIBIT "A"
ANNUAL FINANCE Anlouflt Financed Total of Payments Total l Sale Price
PERCENTAGE RATE CHARGE I he amount of credit provided 1 he amount you will have pad aJier y The total cost of your purchase on
The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payfOe credit, including your downpayment
a yearly rate. credit will cost you. v of f
f
8.99 % $ 7165.20 f 25987,92 f 33153.12
Your Payment Schedule will be:
No. of Payments Amount of Payments When Payments Are Due
66 f Monthly, beginning
f
NIA I
Filing Fees:; N!A _
Late Charge: II 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 greater than 10 days, that it remains unpaid.
See below. and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment
refunds and penalties. a means estimate
IF YOU DO NO] MEET YOUR CONTRACT
In this Contract OBLIGATIONS, YOU MAY LOSE THE MOTOR
we are VEHICLE AND PROPERTY THAT YOU
the SELLER. LYNN CHEV-BUICK-CADPONT-G[1C _-_INf_ 09& F MATN _$T_W Q BRUGHi Tfg#gHIS CONTRACT, AND/OR
Name Address Zlp Coe MONEYUN DEPOSIT WITH THE ASSIGNEE.
County _.E RANKL-IN This Contract is between Seller and Buyer. All
disclosures have been made by Seller. Seller
You are intends to assign this Contract to the Assignee,
the BUYER(S). GARY A KINER 1830 PINE RD NEWVILLE PA 172419542
Name(s) Address(es) Zip Code(s)
County FIIMRFRI AND
If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract.
TRADE-IN:
You have traded in 2000 CHEVROLET TRUCK SILVERADO 15
the following vehicle:
Year and Make Description
If a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that
any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the 'Itemization of Amount Financed" as the 'Lien Payoff."
PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against
liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured.
DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE
CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and
agreement page, which is part of this Contract. This agreement will apply during the entire temp of the Contract. This agreement may not cover
your entire indebtedness; see the MAXIMUM PROTECT ION amount stated in the separate disclosure and agreement.
Type of Debt Cancellation Agreement Charge Signature
Guaranteed auto protection (GAP) 420.00 B signing, you select guaranteed auto protection
ignature of Buyer
SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. The service contract
or warranty agreement will not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named
above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain
credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT
INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance
purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance.
By signing, you select Sin j Crpdil Life Insurance, What is your By signing, you select Single Credit Accident & What is your
which costs $ ll/ R_ age? Years Health Insurance, which costs f -?A aget _ Years
Signature of Buyer to be insured for Single Credit Lile Insurance Signature of Buyer to be insured la Single Credit Accident & Neagh Insurance
By signing, you both select Joint N /p What are By signing you both select Joint Credit Whit are Percentage
Credit Life Insurance, which costs f your ages? Accident & Neagh Insurance, which costs N19- your ages? to be
insured
2. 2.
Signatures of both Buyers to be insured for Joint Credil Signatures of both Buyers to be insured for Joint
Life Insurance N/A Credit Accident & Health Insurance
VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called
the Vehicle' in this Contract.
yy? k Jl?a Rky Silk Nfl: Sy Truck Ton Capacity &L1tlNumber
NEW = ZOO ROLET TR FULL SIZE 4WD REG CA 1GCEK14VX5Z220146
Equipped _ A.T. _ P.S. _ AM-FM Stereo 5 Spd. Other
with _ A.C. _ P.W. _ AM-FM Tape _ Vinyl Top
ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If the Assignee assigns
the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the
Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when
and if Seller makes an assignment.
CITIZENS BANK OF SOUTHERN PENNSYLVANIA
CO-SIGNER: Any person signing the Co Signer's Agreement below promises separately and together with all Co-Signer(s) and Buyer(s), to pay
all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. Fit N/A
CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately an
together with all Co-Owner(s) and Buyer)s), to perform all agreements in the Security Agreement and all other parts of this Contract except th
"Promise to Pay" section.
TERMS: The terms shown in the boxes above are part of this Contract. We may retain a portion of amounts marked'
PROMISE TO PAY: You agree to pay us the Total Sale Price tot the Vehicle by making the Cash Downpayment and assigning the Trade-In, if shown above, on or before the date of this Contract and
Security: You are giving a security interest in the motor vehicle being
purchased.
Prepayment: If you pay off early, you will not have to pay a penalty.
Itemization of Amount Financed
Cash Price fincludine optional service
contract and/or warranties in the
amount of f
paid to UµI?AL?40?
& sales tax of f ?4 42
Cash Price
f 28066-42
Cash Downpayment
4109.00
Trade-In
$
Value of Trade-in
f 12100.00
Lien Payoff lo: R"R40T_f?DERA
f
Unpaid Cash Price Balance
f 25454-42
Optional Debt Cancellation (GAP)
f
Document Preparation Fee
f 55-00
Paid to Others on Your Behalf
To Public Officials for:
License, Tags and Registration
f 48-50
Lien fee
f 5.00
Taxes Not Included in Cash Price
f NA
To 1.1A
f
For Messenger Service
To N/A
For f N/A N/A
To Credit Insurance Company
For f N/A N/A
Tul YNN ;NFU-RIITfK-f An-
f 00
For
To IN JA
ForN/A N/A '
To N/A
f N/A '
FruN / A
ToNIA
f N/A
FoiN /A
ToN/A
f
N/A
d Amount Financed
e ;'25987.92
- I I Signature of Buyer I Document Preparation Fee
SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. the service contract $ 5 00
or warranty agreement will not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named Paid to Others on Your E
above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive tot which there is not separate To Public Officials for:
charge. License. Tags and Registration
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain
credit, and will not be provided unless you sign below and agree to pay the additional cosl(s). Please read the NOTICE OF PROPOSED CREDIT
INSURANCE on the reverse side. Your insurance cerfilicate or policy will tell you the MAXIMUM amount of insurance available. All insurance
purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance.
By signing, you select Sin r oil Lile Insurance, What is your By signing, you select Single Credit Accident & What is your
which costs $ ix age? ____ Years Health Insurance, which costs $ ?A age? - Years
Signature of Buyer to be insured for Single Credit Lile hrsurance Signature of Buyer to be insured lot Single Credit Accident & Health Insurance
By signing, you both select Joint What ate By signing you both select Joint Credit What are Percentage
$ A your ages? Accident & HeaRh Insurance, which costs N/A
your ages? to be
Credit Lire Insurance, which costs N /
insured
-
2. -.- 2_
Signatures of both Buyers to be insured for Joint Credit Signatures or both Buyers to he insured for Joint
Life Insurance N/A Credit Accident & Health Insurance-
Lien Fee
Taxes Not Included in Cash Price
$ N/A
To NIA _
For Messenger ServrceA
To N/A
$.,,. N/A
To Credit Insurance Company
For $ N/A N/A
To IYNN rHFV-RUtrK-rAn-
In r r 00
VEHICLE: You have agreed to purchase, under the lelms of [his Contract, tire following motor vehicle and its extra equipment which is called For
the 'Vehicle" in this Contract. ToN/A
N/U yy&K M it arias ?? No &y Truck lIn a i $uj6Number $ N/A
NEW ZOOeC IROLET TR FULL SIZE 4WD REG CA 1GCEK14VX5Z220146 FotN/A
Equipped _ R.T. _ P.S. _ AM-FM Stereo 5 Spd. Other To with _ A.C. - P.W. _ AM-fM Tape _ Vinyl Top $ N/A
ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the `Assignee' It the Assignee assigns FoIN /A
the Contract to a subsequent assignee, the term also refers to such subsequent assignee. Alter the assignment, all rights and benefits of the To N /A
Seller in this Contract and in the Security Agreement shalt belong to and be enforceable by the Assignee. The Assignee will notify you when $ N/A
and if Seller makes an assignment. Fo N/A
CITIZENS BANK OF SOUTHERN PENNSYLVANIA ToN/A
CO-SIGNER: Any person signing the Co Signer's Agreement below promises separately and together with all Co-Signer(s) and Buyer(s), to pay $ N /A
all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. FoN/A
CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and Amount Financed
together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the s,25987.92
"Promise to Pay" section.
TERMS: The terms shown in the boxes above are part of this Contract. We may retain a portion of amounts marked"
PROMISE TO PAY: You agree to pay us the lotal Sale Price for the Vehicle by making the Cash Downpayment and assigning the Trade-In, if shown above, on or before the date of this Contract and
paying us the Amount Financed plus interest. You promise to make payments in accordance with the Payment Schedule. You promise to make payments on or before the same day of each month as
the first payment due dale. You agree to pay all other amounts which may become due under the terms of this Contract. You agree to pay the Seller or Assignee costs of suit. You also agree to pay
reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to
send payments to the address which the Assignee most recently specifies in the written notice to you.
The Annual Percentage Rate may be negotiable with the Seller. ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS:
The Seller may assign this contract and retain its right to Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to
Buyer.
receive a part of the Finance Charge.
Terms and Conditions: Before signing this Contract, be sure you receive and read the
following, if marked X, which are additional pages to and part of this Contract.
® This Contract continues on the reverse side.
43 Debt Cancellation (guaranteed auto protection) separate disclosure and agreement.
By signing below, we agree to sell the Vehicle to you under the terms of this Contract. NOTICE TO 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.
LYNN CH!MK C -P"MC, INC.
SELLER ?? f? , BuYE -; -+ (SEAt.PI ODat
BY:
01/07/2005 I BUYER
Date
(SEAL)
Dale
CO-SIGNER: YOU SHOULD R D T IF. NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE
SIGNING THE CO-SIGNERS AG ENT.
CO-SIGNF,RS AGREEMENT: You, the person (nr persons) signing below as "Co-Signer," promise to pay fo us all suns due on this Contract and In perform all
agreements iu this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer. )'oil arc making this promise to
induce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have
made any prior demand far pnynrcnl on the Buyer nr exercised our security interest. You also acknowledge receiving a completed copy of this Contracr.
(SEAL) _
Co-Signer's Signature Address
])are
(SEAL) _ _ ___
Co-Signer's Signature Address Dole
CO-OWNERS SECURITY AGREEMENT: You, file person signing below as "Co-Owner," together with the Buyer or otherwise being all nl the Owners of the Vehicle,
give us a security interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the
"Promise To Pay" section. You are giving its the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due
on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle.
(SEAL) N/A
Co-Owner's Signature Address Date
BUYER, CO-SIGNER AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS
CONTRACT AT THE TIME OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION
CALLED ADDITIONAL DISCLOSURES, TERM AND CONDITIONS.
UYER BUYER CO-SIGNER CO-SIGNER OR GO-OWNER
NOTICE: SEE. REVERSE. SIDE FOR IMPORTANT INFORMATION.
BANCONSUMER FORM PA 123OC-SLC f2/IMI ORIGINAL ? Wwte - DEALER COPY - Crmry • BORROWER'S/COSIGNER'S COPY Pink • COPY - Gatdenrod ° 2004 RANCONSOMER SERVICE, INC.
ADDITIONAL TERM;
1. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of
all.required obligations under this Contract, you give a security interest in the Vehicle, in all
parts (called 'accessions' attached to the Vehicle at any later time, and in any proceeds of
the Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and
unpaid under this Contract against any of your money on deposit with Assignee. This includes
any money which,is now or may in the future be deposited with Assignee by you. Assignee
may do this without any prior notice to you.
2. HOW THE TOTAL OF PAYMENTS IS COM06TE9: Mkt 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;outstapding balance of the Amount Financed. The Finance Charge
shown on the front side has been computed on the assumption that we will receive all
payments on their scheduled due dates.
3. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding.
balance subject to interest on each day of the loan term, including any period for which a late
charge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided
by the number of days in that calendar year. Buyer agrees that because interest is calculated
on a daily basis, late payments will result in additional interest (and, if applicable, a late
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.
4. LATE CHARGE: Buyer agrees to pay a late charge. for any payment not made within 10
days after its due date. The late charge will be 2% per month on the unpaid amount of the
payment We will consider any part of a month in excess of 10 days to be a full month. The
late charge will be`due when earned. No late charge will be due if the reason that the
payment is late is because, after default, the entire outstanding balance on this Contract is
due. No late charge will be due if the only reason that the payment is late is because of a late
charge assessed on an eglierpayment;
5. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority:
first to interest; and then to late charges, fees, principal and any other amountsyou owe in
the order that we choose.
6. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any,
time without penalty. If you prepay the Contract in part, you agree to continue to make
regularly scheduled payments until you pay all amounts due under this Contract This will
reduce the number of payments you will make. 0 t;,,1, !,. s 's1' 1 ,
7. WAIVERS..
a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any
property'as;selcnrity fbr46 repayment of this Contract, except for the Vehicle and the other
security specifically mentioned in this Contract
b. WAIVER HBO BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on
or before they are due without our having to ask. If you don't, we may enforce our rights
without notifying you in.adlfarice. You give up any right you may have to require that we
enforce our rights against some other person or property before we enforce our rights against
you. You agree that we may give up our rights against some other person but not against you.
You waive due diligence in collection and all defenses based on suretyship and impairment of
collateral or security.
8. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this
Contract shall cootinue to accrue on the unpaid balance until paid in full, even after maturity
and/or after we gist a judgment against you for the amounts due. This will apply even if the
maturity occurs because of acceleration. If at any time interest as provided for in this
paragraph is not ,perm ited3by law, interest shall accrue at the highest rate allowed by
applicable law beginning at that time.
9. YOUR PROMISES ABOUT-OUR SECURITY INTEREST: You will not permit anyone other
than us to obtain a`secufity'interest or other rights in the Vehicle. You will pay all filing fees
necessary for us to obtain and maintain our security interest in the Vehicle. You will assist us
in having our security iNergst noted on the Certificate of Title to the Vehicle. You will not sell
or give away the Vehicle: 11 Someone puts a lien on the Vehicle, you will pay the obligation and
clear the lien.
10. YOUR PROMISES-ABOUT THE VEHICLE: You will keep the Vehicle in good condition and
repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining
the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which
will reduce its value, other than for -normal wear and use. You will not use the Vehicle for
illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on
the front of this;Cootract to a new permanent place of garaging without notifying us in
advance.
11. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire,
theft and collision until all sums due us are paid in full. The insurance coverage must be
satisfactory to us and protect your interests and our interests at the time of any insured loss.
The insurance must name us as "loss-payee" on the policy. The insurance must be written by
an insurance company qualified,to do business in Pennsylvania and licensed to sell insurance
in thtstate where the Vehicle is,permanently garaged. The insurance policy must provide us
with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On
request, you shall deliver the policy or other evidence of insurance coverage to us. In the
event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a
proof of loss with the insurer.
a. OUR RIGHT TO_ FILE PROOF OF LOSS: In the event of any loss or damage to the
Vehicle, if you fail or tefuse to,fiJe,a claim or proof of loss with the insurance company, you
agree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any
of them ("we") may file a proof of loss with the insurance company, in your name and acting
as your agent, with Fespect to the insured claim. You agree that you do not have the right to,
and will not, revoke the power,you have given us to file a proof of loss. You agree that we may
exercise thig pore( for our benefit and not for your benefit, except as provided in this
Cnntrart and hvihw'
ATVD CONDITIONS
12. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST,
VEHICLE'OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or
the costs necessary to keep the Vehicle in good condition and repair, we may advance any
money you promised to pay. If you fail 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 of 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. THE tNSURANCE WE
PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE
THAN INSURANCE YOU COULD PURCHASE YOURSELF.
We will add'any money we advance on-yourbehalf 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: (i) 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, we can choose the amount of these payments and how long you have to
repay.; If any of our rights stated in this paragraph art,not permitted by law, we,still have the
other rights mentioned. Our payments on your behalf will not cure your failure to perform
your promises in this Contract
13. DEFAULT: In this paragraph "You" means the Buyer, Cc-Signer and Co-Owner, or any one
of them. You will be in "Default" of the Contract if any one or more of the following things
happen:
a. You do not make any payment on or before it is due; or
b. You do not keep any promise you made in this Contract; or
c. You do not keep any promise you made in another Contract, Note, Loan or Agreement
with Seller or Assignee; or
d. You made any untrue statement in the credit application for this Contract; or
e. You committed, anydorgary in ppnnection with this Contract;-or,
f. 'You'die, are convicted of a crime involving fraud or dishonesty, or are found by a court
with jurisdiction to do so to be incapacitated; or
g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or
insolvency proceedings against you; or
h. You take the Vehicrle•outside the United States grr Canada without our written consent; or
ii. N6u use the'Vehicle or-alloVsomeone else'to' use 11 irla vlay''that causes it not to be
covered by your insurance; or
j. You do something that causes the Vehicle to be subject to confiscation by government
authorities; or
k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not
fixed or found within a reasonable time; or.
1. Another creditor tries to take the Vehicle or your money on deposit with Assignee by
legal process. }
14.OUR'RINT' fF YOU ARE-fF'"DEFAOLT OF THIS COffTRA t:'If you are in Default of this
Contract, we may enforce our rights according to law. We may also do the things specifically
mentioned in this Contract We may do one of these things and at the same time or later do
another. Some of the things we may do are the following:
a: ACCELERATION: We can demand that you pay to us the entire unpaid balance owing
on the Contract and all unpaid Finance Charges and other money due. You agree that you will
pay this money to us in one 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 replevin)
do it for us. You agree that we can peaceably come Qn to your property to do this. We may
take any other things found in the Vehicle, but will return these things to you if you ask. If you
want these things back, you may reclaim them within thirty (30) days of our mailing you a
Notice of Repossession. If you do not reclaim the things found in the Vehicle within that time,
we may dispose of those things in the same manner as the motor vehicle. 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
convenient place. You agree to give us the Vehicle if we ask.
d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contraci
without losing any rights.
15. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess
without using a government official (by replevin):
a. NOTICE: We will send you a Notice of Repossession to your last address we know about
This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right tc
reinstate the Contract. This means you will have to pay the total balance on the Contract and
other amounts due. You may not get the Vehicle back by paying delinquent installments. This
Notice will tell you other information required by law.
b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of
the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the
Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as i;
reasonably possible, but in not more than ten (10) business days of our receipt of the funds
required. If you do not redeem, you give up all claim to the Vehicle,
c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be
used to pay costs and expenses you owe, and then to pay the amount you owe on the
Contract.
d. SURPLUS OR DEFICIENCY: If there.is money left, we will pay it to the Buyer. If there is
not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay wha•
is still owed to us.
e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing foi
sale and selling the Vehicle as may be allowed by law. These costs will only be due if:
1. Default exceeds fifteen (15) days at the time of repossession;
2. The amount of costs are actual, necessary and reasonable; and
3. We can prove the costs were paid.
16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shal
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-of them ("we"} may fire a proof of loss with the insurance company, in your name and acting 1. Default exceeds fifteen (15) days at the time of repossession;
as your agent, with, Fespect to the insured claim. You agree that you do not have the right to, 2. The amount of costs are actual, necessary and reasonable; and
,and will not, revoke the power,yau have given us to file a proof of loss. You agree that we may 3. We can prove the costs were paid.
exercise .this 'powerfor our benefit and not for your benefit, except as provided in this 16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall
Contract and by law. be enforceable against your heirs and personal representatives of your estate.
b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, 17. GOVERNING LAW: This Contract into be interpreted according to the law of Pennsylvania.
any subsequent assignee; or an authorized employee of any of them ("we") may endorse your
name, acting as your agent, to egy=check, draft or other instrument we receive in payment of 18. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become
an insured loss or return of insurance premiums. You agree that you do not have the right to, illegal, void or unenforceable, that part shall not be a part of this Contract
and will not, revoke the power you have given us to make your endorsement You agree that 19. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract.
we may exercise this power for qqr. benefit and not foryour benefit, except as provided in this
Contract and by law. 20. THERE'AREN0WARRANTIES W SELt`ER, EXPREISSED OR 1IMPLtEO, "INCLUDING HE'
c. USE OF PROCEEDS: We'mgy'apply any insurance proceeds we receive to repair or WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
replace the Vehicle if, in our opinion, it is economically feasible and you are not then in UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER
default of this Contract. Otherwise, we will apply the insurance proceeds to reduce the unpaid ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF
balance due us. After the balance due us is paid, any excess will belong to you. THIS CONTRACT.
Buyer's Guide,111lindow Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal
Trade Commission Used CarJrade Regulation Rule, the following notice applies:
The information Xop see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any
contrary provisions in the contract of sale.
NOTICE-ANf HOLDER QFJHIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE `SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR' WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE OF PROPOSED CREDIT INSURANCE
The signer(s) of this Contract hereby take(s) notice that Group Credit Life Insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable to this
Contract if so marked on the front of this Contract, and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the
insurer, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit Insurance to be purchased' The term of
insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer
and within 30 days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a
refund of insurance charges will be made when due.
NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION.
THE PROVISION BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER.
ASSIGNMENT`
To induce you, the "Assignee" identified on the face of this Contract or as follows, (Name)
to purchase the within Contract, the Seller hereby warrants and represents, and continues to warrant and represent that the sale has been made in strict conformity with all applicable
federal, state and local laws and regulations, including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. §§2101 et seq); our title to the Contract
and the Vehicle covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract is
genuine, the signatures thereon are not forgeries, arose from the sale of the Vehicle therega described, and all parties thereto are of full age and had capacity to contract; the description of
the Vehicle and extra equipment is complete and correct; the cash downpayment and%or trade-in allowance were actually received and no part thereof consisted of notes, post-dated
checks; other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all
warranties and statements therein are true; there is owing.thereon the Amount Financed plus interest at the Annual Percentage Rate of the Contract set forth therein; we are duly licensed
under the Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-in-Lending Act
and with any other federal or state law, rule or regulation applicable to this Contract; a motor vehicle title certificate showing a lien or encumbrance in favor of Assignee has been or will be
applied for promptly; the registration of the Vehicle has not been suspended and the Seller knows of nof?.q.ts whi maylre?ultyin.t,?the susperi iomof?sajd(rggistV"n under the
'POrmsylvina [Motor Vehicle Financial Responsibility Act; the Buyer(s},named in•the within Contract is (are) tConail wn to i'he SVII. Lie t e same identical person(s) whose
signature(s) is (are) affixed to this Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract If any such warranties or representations should be
breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and wjll,pa? y•t? er c ash, the amount owingthereon, computed as set forth below,, and said
remedy shall be cumulative and not exclusive, and shall not affect an other right or remedy that Assij'neeml ht have at law or in any g gm equity against Seller.ln the `event that Buyer fails or
refuses tomrake any. payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as represented to the Buyer by Seller, or that Seller refuses to honor
any warranty or service agreement of Seller or manufacturer, Seller agrees that, on being advised by Assignee of such claim of Buyer, Seller will repurchase the Contract from Assignee
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 other claims of Buyer,
including attorneys' fees, costs and expenses incurred in defending against claims asserted by Buyer and including claims for refund of'psyments made by Buyer to Assignee. If the Seller
contracts to purchase property insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior to its scheduled expiration date, Seller will attempt to
place comparable coverage with another insurance company on behalf of the Buyer. If Seller is unable to do so, Seller will notify Buyer and pay to Buyer any additional costs incurred by
the Buyer in obtaining replacement insurance for the unexpired period of the original insurance policy. By signing and dating the Contract, as Seller, delivering the Contract to the
Assignee and accepting payment for it, Seller authorizes the Assignee to act as the Seller's agent for the purpose of completing or correcting the identification of the Assignee in this
Assignment to reflect the true Assignee who purchased the Contract and/or for the purpose of signing Seller's name to this Assignment, without recourse, if the Assignment is delivered
without the Seller's signature. Assignee may exercise the power given in this paragraph for the benefit of the Assignee and not for the benefit of the Seller. Seller does not have the right to
and agrees not to revoke the power given in this paragraph.
In the event that Seller is required by this Assignment to repurchase the Contract and/or Vehicle, Seller shall pay to Assignee, in cash, the full unpaid balance of the Contract as of the
date of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in
connection with claims by or against any Buyer, Owner or persons in possession of the Vehicle and/or by or against Seller.
For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to become due thereunder, and all
right, title and interest in and to the Vehicle therein described, with full power in the Assignee in its or:our name to take such legal or other action which we might have taken save for this
Assignmeet Unless Seller marks either of the endorsements below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the provisions of the
paragraph titled "Assignment," be without recourse.
? WITH FULL RECOURSE-Seller agrees that, in addition to the paragraph above titled "Assignment," in the event of default by Buyer in the full payment onthe due date thereof of any
installment payable under the Contract or in the prompt performance of any other obliigi}tion to be performed under the Contract by Buyer, Seller will, on demand by Assignee, forthwith
repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above.
? WITH REPURCHASE-Seller agrees-that, in addition to the provisions of the paragraph above titled "Assignment," in the event of any default by 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 Vehicle, forthwith repurchase the
Contract and the Vehicle from Assignee for a repurchase price, in cash, computed as set forth abo" .
By signin below, we agr to the terms of th Assignment j
Sellerit I " }? a -RlBy
Date
BANCONSUMER FORM PA 123DGSLC (2/04)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00966 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SUSQUEHANNA BANK
VS
KINER GARY A ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
the
KINER GARY A A/K/A KINER GARY
DEFENDANT
, at 0018:13 HOURS, on the 19th day of February-, 2009
at 1830 PINE ROAD
NEWVILLE, PA 17241 by handing to
BETSY COG SISTER OF DEFENDANT
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
Sworn and Subscibed to
before me this
of
So Answers:
18.00
10.80
.00
10.00 R. Thomas Kline
.42
39.22 02/20/2009
ZIMMERMAN PFANNEBECKER
By
day Deputy Sheriff
A.D.
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Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK,
formerly known as CITIZENS BANK
OF SOUTHERN PENNSYLVANIA,
Plaintiff,
vs. No. 09-966 Civil Term
GARY A. KINER, also known as
GARY KINER,
Defendant.
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Because Defendant Gary A. Kiner, a/k/a Gary Kiner has failed to file within the
required time an Answer to the Complaint and Notice to Defend filed and duly served
upon Defendant in the above matter, please enter judgment in accordance with
Pa.R.C.P. 1037 in favor of Plaintiff and against Defendant for the following:
Amount due:
$12,248.73
Interest from 02/05/09 through 04/03/09 128.15
$12,376.88
TOTAL plus interest
from 004/04/09
and costs
We hereby certify that written notice of intention to enter default judgment against
Defendant was mailed to Gary A. Kiner, a/k/a Gary Kiner in accordance with Pa.R.C.P.
237.1, and that a true and correct copy of the said Important Ten-Day Notice is attached
hereto and incorporated herein by reference.
9700-370-09R
4/6/09
ZIMMERMAN, PFANNEBECKER,
NUFFORT & ALBERT, LLP
By:
B N. Handwerger, Esquire
Attorney for Plaintiff
Attorney I.D. No. 72975
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
AND NOW, this " day of Aori ( , 2009, judgment is hereby
entered in the above matter as hereinabov de i ected.
Pr o ry
-2-
9700-370-09R
4/6/09
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK,
formerly known as CITIZENS BANK
OF SOUTHERN PENNSYLVANIA,
Plaintiff,
vs. No. 09-966 Civil Term
GARY A. KINER, also known as
GARY KINER, :
Defendant.
IMPORTANT NOTICE
TO: Gary A. Kiner, a/k/a Gary Kiner
1830 Pine Road
Newville, PA 17241
DATE OF NOTICE: March 23, 2009
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Lancaster Bar Association
Lawyer Referral Service
28 East Orange Street
Lancaster, PA 17602
717-393-0737
ZIMMERMAN, PFANNEBECKER,
NUFFORTAALBERT
By. ?.
Barry N. Handwerger
Attorneys for Plaintiff
Attorney I.D. No. 72975
22 South Duke Street
Lancaster, PA 17602
Telephone No. (717) 299-0711
9700-370-09R
3/23/09
FlUD-071
OF TW
2009 APR -7 PM 1: 42
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If ? rq )jJNTY
P6-,,f ,S i LVAl, lA
$14.oo Pn An'i
CO vaim
gr+.U.S385
LN.+Io. W?6d1
Barry N. Handwerger, Esquire
Attorney I.D. No. 72975
Zimmerman, Pfannebecker, Nuffort & Albert, LLP
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
SUSQUEHANNA BANK,
formerly known as CITIZENS BANK
OF SOUTHERN PENNSYLVANIA,
Plaintiff,
vs. No. 09-966 Civil Term
GARY A. KINER, also known as
GARY KINER,
Defendant.
NOTICE OF ENTRY
OF JUDGMENT. ORDER OR DECREE
Pursuant to requirements of Penna. Civil Procedural Rule #236, you are noted
that there was entered in this office today in the above-captioned case:
Judgment of $12,376.88 for Plaintiff and against Defendant.
Dated: ?I Q?_
P to
TO: Gary A. Kiner, a/k/a Gary Kiner
1830 Pine Road
Newville, PA 17241
9700-370-09R
4/6/09