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HomeMy WebLinkAbout09-1893IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff CIVIL DIVISION NO: 6Q - /893 v. NATHANIEL W. SHERWOOD and APRIL SHERWOOD, Defendants TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT TWENTY (20) DAYS FROM ERVICE OF OR A FAULT JUDGMENT MAY ENTE AGAINS OU. ATTO OR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 901098, Fort Worth, TX 76101 AND THE DEFENDANT(S): Nathaniel Sherwood 525 Market Street New Cumberland, PA 17070 April Sherwood 301A Lisburn R d Mec anicsbur A 170 TYPE OF PLEADING: el o L- Lc-7ia-),vj CIVIL ACTION - COMPLAINT IN REPLEVIN FILED ON BEHALF OF: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG COUNSEL OF RECORD THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650, Hershey, PA 17033 ATTORNEY FOR PL 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), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) 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 DEFENDANT(S) 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 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Kimberly A. Bonner, Esquire Attorney I.D. #89705 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: jwh@jsdc.com FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: NATHANIEL W. SHERWOOD and CIVIL ACTION - LAW APRIL SHERWOOD, Defendants 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 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 32 South Bedford Street Carlisle, PA 17013 Telephone: 249-3166 or 800-990-9108 FARMERS AND MERCHANTS TRUST IN THE COURT OF COMMON PLEAS COMPANY OF CHAMBERSBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO: vs. NATHANIEL W. SHERWOOD and CIVIL ACTION - LAW APRIL SHERWOOD, Defendants AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede_ ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO RVIMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: 249-3166 or 800-990-9108 JAMES, SMITH, DIEYWRICK & CONNELLY, LLP Dated: March 23, 2009 By: Kimbe4i? Bonner, Esquire PA I. D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff FARMERS AND MERCHANTS TRUST IN THE COURT OF COMMON PLEAS COMPANY OF CHAMBERSBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NATHANIEL W. SHERWOOD and APRIL SHERWOOD, Defendants NO: ) 9 - /,P 93 ?( Tt?- CIVIL ACTION - LAW CIVIL ACTION - COMPLAINT IN REPLEVIN AND NOW, comes Farmers and Merchants Trust Company of Chambersburg, by and through its attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Complaint in Replevin against Defendants, Nathaniel W. Sherwood and April Sherwood, as follows: 1. The Plaintiff, Farmers and Merchants Trust Company of Chambersburg is a financial institution existing under the laws of the United States of America, with its principal place of business located at P.O. Box 6010, 150 Lincoln Way East, Chambersburg, Pennsylvania 17201. 2. Defendant Nathaniel W. Sherwood is an adult individual residing within the Commonwealth of Pennsylvania, whose last known address is 525 Market Street, New Cumberland, PA 17070. 3. Defendant April Sherwood is an adult individual residing within the Commonwealth of Pennsylvania, whose last known address is 3013 Lisburn Road, Mechanicsburg, PA 17055. 4. On or about May 1, 2008, Defendants executed a Pennsylvania Motor Vehicle Installment Sale Contract for the purchase of a 2008 Honda CBR600RR, VIN #JH2PC40048M101812 (Vehicle") in favor of Plaintiff in the original principal amount of $15,375.00 ("Contract"). A true and correct copy of said Contract is marked Exhibit "A", attached hereto and made a part hereof. 5. Plaintiff perfected its first lien in the Vehicle by placing an encumbrance on the Certificate of Title for Vehicle ("Certificate of Title") and recording same with the Commonwealth of Pennsylvania, Department of Transportation. A true and correct copy of said record of the electronic Certificate of Title, evidencing Plaintiffs first priority lien in the Vehicle, is marked Exhibit "B", attached hereto and made a part hereof. 6. Defendants are the record and real owners of the aforesaid Vehicle. 7. Defendants are in default under the terms of the aforesaid Contract, as the result of, among other things, their failure to make monthly payments under the terms thereof and their failure to bring payments current upon demand. The amount due and owing Plaintiff by Defendants, as of March 18, 2009, is $12,957.78, itemized as follows: Contract Balance as of 3/18/09 $11,229.08 Accrued Interest as of 3/18/09 $ 532.24 Accrued Late Charges as of 3/18/09 $ 18.48 Attorneys' Fees and Costs (10% amt due) 1,177.98 TOTAL $12,957.78 plus interest from March 19, 2009, at the contract rate of interest, plus additional late charges and costs and additional attorneys' fees and costs, and for possession of the Vehicle. 9. Plaintiff avers that the retail value of the Vehicle is $7,720.00, and the trade-in value is $5,330.00, as of March 2009, and is in the Defendants' possession with its exact whereabouts believed to be 525 Market Street, New Cumberland, Pennsylvania 17070 or 3013 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 10. Based on Defendants' default, Plaintiff is entitled to immediate possession of the Vehicle in Defendants' possession. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants in the amount of $12,957.78, plus interest from March 19, 2009, at the contract rate of interest, plus additional late charges and costs and additional attorneys' fees and costs, and for possession of the Vehicle. JAMES, S H, D CK & C NNELLY LLP Dated: March 23, 2009 By: Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA LD #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VERIFICATION Kimberly A. Bonner, Esquire hereby states that she is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that she is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing pleading are based upon information supplied by Plaintiff and are true and correct to the best of her knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to a horities Kimberly A. Bonner, Esquire PA I.D. #89705 Dated: 2? 0? EXHIBIT "A" 03/18/200909:26 FAR 2613621 F & M 11006 PENNSYLVANIA MnTnR IfFwcl F IMSTALIMEMT SALE CONTRACT. Dabd Mae 1 st uy f Total of Payments The amount you will have paid after you have made all scheduled payments ANNUAL FINANCE PERCENTAGE RATE CHARGE The cost of your credit as The dollar amount the a yearly rate. credit will cost you. 10,4" %1 $ Ynur P*unt"o Ghrh,M via he, Got. 3 s 11 VS, our SIMPLE INTEREST Total Sale Price The total cost of your purchase on credit, including your downpayment of S I S b0.0o $ 1S-37.5_ 00 Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: It you pay off early, you will not have to pay a penalty. No. of Payments Amount of Payments When Payments Are Due O $ 231,2 Monm ,begun' E Filing Fees: $ Lab Charge: If a payment is lets, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greeter 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 In this Contract we are the SELLER. ,L Nance _D-'a?rvt i?{,? w You are ?V A,-,j S 1 _ the BUYER(S). p-a Nam s) It there is more than one Buyer, each promises, se TRADE-IN: rv pr You have traded in 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 Ifem¢ation 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 Vehide and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep A insured. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) insurance are not required to obtem credit, and will not be provided unless you sign below and agree to pay the additional cast(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse slqe. Your insurance certificate or policy will tell you the MAXIMUM amou of insurance available. All Insurance purchased will be for the t m redit We may receive a financial benefit from your purchase cr insurance. By signing, you select ill tte rtsurance, What is your By signing, you select Si ant & What Is your which costs 4 age? _Years l Health Insurance, which $ age7_Years Signature of Buyer to be insured for Single Credit Life Insurance By signing, you both select joint What are By signing you both select Joint Crqdk Wrwtare Percemage Credit Life Insurance, which costs g your ages? Accident & Health Imuranu, h c cus g youraW. to be insured 1. _ 1. 9f 2. 2. 9f Signatures of both B s to for hint Credit Signatures of both Buyers to be'nsured for Joint Life Inawance 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 ls called the 'Vehicle' in this Contract. NZ-U IMand -Jake &dK II&Wkt Ho.raL I[& IM Capacity 1jj[W Number N 2.001 pyy,Apk- CBeL404w, Al c .2 ju z PC 4 Do 4 8 M t o I k 12 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 ls 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. FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, P.O. Box 6010, Chambersburg, PA 17201-0619 CO-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Signer(sl and Buyer(s), to pay $ The fir all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. CO-OWNER: Any person signing the Co-owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and payment will be due on 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 C;tr,1j-I1o,8 and than payments "Promise to Pay" section. will be due on that some day of each month TERMS: The terms shown in the boxes above are part of this Contract following. PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by maidng 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 interaL 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 date. You agree to pay at other amounts which may become dus under the tams of this Contract. You agree to pay the Seller or Assignee cosh of suit You also agree to pay reasonable adomeys' 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. 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 assn ANFACF_CIM11 Amount Financed The amount of credit provided to you or on your behalf. V3 P:VILA_ Address(es) Zip Codefs) and together, to pay all sums due us and to perform all agreements in this Contract. IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. This Contract is between Seller and Buyer. AN disclosures have been made by Seller. Seger 03/18/2009 09:28 FAX 261 3621 F & E Qj 007 The Annual Pvt Rate may be negod" with the Seller. The Seller ntAy assign this comb .K arld ro?ln Its r?ht to n>celre' a Dart of the t amm rhaw. By signing below, we agree to sell the Vehicle to you under the terms of this Contract SELLER v GJ ' BY: SIGN THIS CONTRACT IN BLANK. YOU ARE OF THE CONTRACT YOU SIGN. KEEP IT TO t'ttUitl.i TUUt<I.C rill, BUYER (SEAL) I oft BUYER (SEAU V CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. CO-SIGNERS AGREEMENT: You, the person (or persons) atgning below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all agreements in this Contract. You intend to be legally bound by ail the terms of this Contract, separately and together, with the Buyer. You are 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 for payment on the Buyer or exercised our security interest. You also acknowledge receiving it completed copy of thin Contract. (SEAL) Co-Signer's Signature Date (SEAL) Co-SignerY Signature Address Date CO.OWNERS SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of 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 us the security interest to induce W 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) _ Co-Ownerb Signature Address Date !E11?¢,5 CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT ;? t yr 'rn+ ` r BU BUY t&SWW COST OR NER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. BANOONSLIMER FORM PA 123-SLO 2/1/2004 ORIGINAL- WNW • DEALER COPY- Calory • SORROMIER'S/CO-SIGNER'S COPY - Pink • COPY - M MW ° 2001 BANCONSIMER SERVICE, INC. 03/18/2009 09:29 FAX 261.13621 F & M 11008 ADDITIONAL TERMS AND CONDITIONS SECURITY AGREEMENT: To secure the payment of all sums due and the performance of 1 12. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, . all required obligations under this Contract you give a security interest in the Vehicle, in all VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or parts (called 'accessions' attached to the Vehicle at any later time, and in any proceeds of the costs necessary to keep the Vehicle in good condition and repair, we may advance any including insurance proceeds. The Assignee may sel-off any amounts due and the Vehicle money you promised to pay. If you fail to keep your promises about required insurance, we , unpaid under this Contract against any of your money on deposit with Assignee. This includes may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the any money which is now or may in the future be deposited with Assignee by you. Assignee 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 INSURANCE WE may do this without any prior notice to you. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the 2 PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE . 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 THAN INSURANCE YOU COULD PURCHASE YOURSELF. We will add any money we advance on your behalf to the balance on which we impose shown on the front side has been computed on the assumption that we will receive all Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay the payments on their scheduled due date& money advanced as we alone may specify; (i) immediately on demand, or (if) along with your COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding 3 monthly payments. If we choose to allow you to repay the money advanced along with your . balm rice subject to interest on each day of the ban term, including any period for which a late charge is elm imposed. The daily interest rate is equal to the Annual Percentage Rate divided monthly payments, we can choose the amount at these payments and how long you have to repay. If any of our rights stated In this paragraph are not permitted by law, we suit have the by the number of days in that calendar year. Buyer agrees that because interest is calculated other rights mentioned. Our payments on your behalf will not cure your failure to perform late payments will result in additional interest (and, if applicable, a late on a daily basis your promises in this Contract , charge). Early payments will result in less interest being charged. Early and/or late payments 13. DEFAULT: In this paragraph "You" means the Buyer, Go-Signer and Co-Owner, or any one You will be in "Default" of the Contract H any one or more of the following things f them will cause the amount of the final payment to change, . o 4. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 happen: days after its due date. The late charge will be 2% per month on the unpaid amount of the a. You do not make any payment on arbiters it is due; or payment. We will consider any part of a month in excess of 10 days to be a full month. The b. You do not keep any promise you made in this Contract; or late charge will be due when earned. No late charge will be due if the reason that the c. You do not keep any promise you mane in another Contract Note, Loan or Agreement payment is late is because, after default, the entire outstanding balance on this Contract is with Seller or Assignee; or due. No late charge will be due if the only reason that the payment is late is because of a late d. You made any untrue statement in the credit application for this Contract; or charge assessed on an earlier payment e. You committed any forgery in connection with this Contractor 5. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority: f. You die, are conviced of a crime involving fraud or dishonesty, or are found by a court first to interest; and then to late charges, fees, principal and any other amounts you owe in with jurisdiction to do so to be incapacitated; or the order that we choose. & You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or 6. PREPAYMENT: You may prepay, In full or in part, the amount owed on this Contract at any insolvency proceedings against you; or time without penalty. If you prepay the Contract in pert, you agree to continue to make h. You take the Vehicle outside the United Stites or Canada without our written consent or regularly scheduled payments until you pay all amounts due under this Contract. This will i. You use the Vehicle or allow someone else to use it in a way that causes it not to be reduce the number of payments you will make. covered by your insurance; or 7. WAIVERS, j. You do something that causes the Vehicle to be subject to confiscation by government a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any authorities; or property as security for the repayment of this Contract except for the Vehicle and the other k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not security specifically mentioned in this Contract. fixed or found within a reasonable time; or b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on 1. Another creditor tries to take the Vehicle or your money on deposit with Assignee by or before they are due without our having to ask If you don't we may enforce our rights legal process. without notifying you in advance. You give up any right you may have to require that we 14. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of this enforce our rights against some other person or property before we enforce our rights against Contract we may enforce our rights according to law. We may also do the things specifically you. You agree that we may give up our rights against some other person but net against you. mentioned in this Contract. We may do one of these things and at the some time or later do You waive due diligence in collection and all defenses based on suretyship and impairment of another. Some of the things we may do are the following: collateral or security. a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing 8. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this on the Contract and all unpaid Finance Charges and other money due. You agree that you will Contract shall continue to accrue on the unpaid balance until paid in full, even after maturity pay this money to us in one single payment immediately upon receiving our demand. and/or after we get a judgment against you for the amounts due. This will apply even it the b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do maturity occurs because of acceleration. If at any time interest as provided for in this this ourselves, have a qualified person do it for us, or have a government official (by replevin) paragraph is not permitted by law, interest shall accrue at the highest rate allowed by do it for us. You agree that we can peaceably come on to your property to do this. We may applicable law beginning at that time. take any other things found in the Vehicle, but will return these things to you if you ask. If you 9. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other want these things back, you may reclaim them within thirty (30) days of our mailing you a than us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees Notice of Repossession. If you de not reclaim the things found in the Vehicle within that time, necessary for us to obtain and maintain our securityInterest in the Vehicle. You will assist us we may dispose of those things in the same manner as the motor vehicle. You agree that we in having our security interest noted on the Certificate of Title to the Vehicle. You wig not sell may use your license plates in repossessing the Vehicle and taking 0 to a place for storage. or give away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably clear the lien. convenient place. You agree to give us the Vehicle if we ask 10. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract repair, You will pay all taxes and charges on the Vehicle. You will pay all costa of maintaining without losing any rights. the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which 15. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess will reduce its value, other than for normal wear and use. You will not use the Vehicle for without using a government official (by replevin): illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on a. NOTICE: We will send you a Notice of Repossession to your last address we know about the front of this Contract to a new permanent place of garaging without notifying us in This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right to advance. reinstate the Contract This means you will have to pay the total balance on the Contract and 11. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, other amounts due. You may not get the Vehicle back by paying delinquent installments. This theft and collision until all sums due us are paid in full. The insurance coverage must be Notice will tell you other information required by low: satisfactory to us and protect your interests and our interests at the time of any insured loss, b. REDEMPTION: You hove the right to buy back (redeem) the Vehicle within 15 days of The insurance must name us as'IDss-payee" on the policy. The insurance must be written by the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the an insurance company qualified to do business in Pennsylvania and licensed to sell insurance Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is in the state where the Vehicle is permanently garaged. The insurance policy must provide us reasonably possible, but in not more than to (10) business days of our receipt of the funds with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On required. If you do not redeem, you give up all claim to the Vehicle, request you shall deliver the policy or other evidence of insurance coverage to us. In the c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a used to pay costs and expenses you owe, and then to pay the amount you owe on the proof of lass with the insurer: Contract a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the d. SURPLUS OR DEFICIENCY: If there is money left we will. pay it to the Buyer. If there is Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what agree that the Seller. Assignee, any subsequent assignee, or any authorized employee of any is still owed to us. of them ("we') may ire a proof of loss vO. the insurance company, In your name and acting e. EXPENSES: You agree to pay the coats of repossessing, storing repairing, preparing for as your agent with respect to the insured claim. You agree that you do not have the right to sale and selling the Vehicle as may be allowed by law. These costs will only be due it. and will not revoke the power you have given as to file a proof of loss. You agree that we may 1. Default exceeds fifteen (15) days at the time of repossession; exercise this power for our benefit and not for your benefit, except as provided in this 2. The amount of costs are actual, necessary and reasonable; and Contract and by law. 3. We can prove the costs were paid. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, 16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall any subsequent assignee, or an authorized employee of any of them ("we") may endorse your be enforceable against your heirs and personal representatives of your estate. name, acting as your agent to any check, draft or other instrument we receive in payment of 17. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania, an insured less or return of insurance premiums. You agree that you do not have the right to 18. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become and will not revoke the power you have given us to make your endorsement You agree that illegal, void or unenforceable, that part shall net be a part of this Contract we may exercise this power for our benefit and not for your benefit, except as provided in this 19. ASSIGNMENT BY BUYER: Buyer shalt not assiggn this Contract. Contract and by law. 20. THERE ARE NO WARRANTIES BY SELLER, EKPRESSED OR IMPLIED, INCLUDING THE c. USE OF PROCEEDS: We may 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 ere 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 Window 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 Car Trade Regulation Rule, the following notice applies: The information you 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-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO.ALL: CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES.OBTAIM-E0,,P,URSIf*NY tRETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. _..-... ....,. u.."xtl ..::: ........._....__..-+........+rvw-.?.?........w........_»........?».....wr.:..w.a ":...GY?.rX? ::....,:,?:'?'. 03/18/2009 09:31 FAX 261 3621 F & N Q009 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 !edeml, state and local laws and regulations, including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. H2101 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 therein described, and all parties thereto are of full age and had capacity to contract; the description of the Vehicle end extra equipment is complete and correct the cash downpayment and/or trede•in allowance were actually received end 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 Truth4n•Landing 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 encumbranu 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 no facts which may result In the suspension of said registration under the Pennsylvania Motor Vehicle Financial Responsibility Act: the Buyer(s) named in the within Contract is (are) personally known to the Seller to be the same identical person(s) whose signature(s) is (are) affixed to this Contract; and Seller his no knowledge of facts impairing the validity or value of the Contract if any such werran ies or representations should be breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below, and said remedy shall be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seller. In the evert that Buyer fails or refuses to make any payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as reprea riled 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 payments 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, Seiler will attempt to Nice comparable coverage with another insurance company on behalf of the Buyer. It Seller B 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 Compact 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 Sefer's name to this Assignment, without recourse, if the Assignment is delivered without the Sellers signature. Assignee may exercise the power given in this paragraph for the benefit of the Assignee and not for the benefit of the Seiler. 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' tees, in connection with claims by or against any Buyer, Owner or persons In possession of the Vehicle and/or by or agsinat Seller. For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successor 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 fug power in the Assignee in its or our name to take such legal or other action which we might have taken save for this AWgriment 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. O WITH FULL RECOURSE-Sefter agrees that, in addition to the paragraph above titled "Assignment," in the event of default by Buyer in the fug payment on the due date thereof of any instalment payable under the Contract or in the prompt performance of any other obligation 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. 0 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 above. signing below, we agree tit th o ignmenk Se X I ?P Seller J,.PO t.y By 71d S ??•x??" Da 9ANCONSUMrR FORM PA 123•SLC 2/1/2004 EXHIBIT "B" Title Actions VIN/HIN: 3H2PC40048M101812 state: PA Title Number: 66182669 Title-Electronic Year: 2008 Make/Builder: HOND Model: Perfecting overview Owner(s): SHERWOOD,NATHANIEL WAYNE & APRIL A Closed Date: Llenholder: FARMERS & MERCHANT TRUST CO Closed Reason: Match Type: AUTOMATIC Document Location: Match Date: 7/11/2008 Issuance Date: 7/11/2008 Imported Date: 7/11/2008 Owners !- Address City State/Province Postal Code Type Name Business SHERWOOD,NATHANIEL WAYNE & APRIL A 3013 LISBURN RD MECHANICSBURG PA 17055 Property Odometer Reading: 0000005 Net/Unladen Weight: 00000 Odometer Accuracy: Actual Gross Weight: 00000 'Mileage Gross Combined Weight: 00000 Prior Odometer Reading Date: Branding: f Body: MC # of Passengers: 000 Name Address I Lienholder ID Lien Date Llen Expiration Date FARMERS & MERCHANT TRUST CO PO BOX 6010 03130430601 7/11/2014 CHAMBERSBURG, PA 17201 https://title.fdielt.com/AccountView/AccountCollatemlView.aspx?view--AccountCollateralView 03/17/2009 i7 Q CID 1 _') T r, IT. too g • ,: -- r7l Sheriffs Office of Cumberland County R Thomas Kline te of Caab",.'4 Edward L Schorpp Sheriff 441 Solicitor ts, Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF T?E sRERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 06:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1810 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: Nathaniel Sherwood, by making known unto Nathanial Sherwood personally, at 525 Market Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/27/2009 05:16 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1716 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: April Sherwood, by making known unto David Sherwood, husband of defendant, at 3013 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same tin' handing to him personally the said true and correct copy of the same. SHERIFF COST: $71.90 March 31, 2009 SO ANSWERS 9 R THOMAS KLIN , SH RIFF puty er ff Docket No. 2009-1893 Farmers and Merchants 'T'rust v Nathaniel Sherwood OF Atwomy ZN9 APPR-1 P"'* 26