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Home My WebLink About09-2321 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WACHOVIA DEALER SERVICES Plaintiff No. OR - 2UI 0,'w;1 T?rw, vs. TAMIKO SOLER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7066730 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WACHOVIA DEALER SERVICES Plaintiff VS. TAMIKO SOLER Defendant Civil Action No. COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 8101 N. High Street Ste 280 Columbus Oh 43235 2. Defendant is an adult individual residing at 518 North College Street, Carlisle Pa 17013. 3. On or about April 4, 2005, Defendant duly executed a Pennslyvania Motor Vehicle Installment Sale Contract (hereinafter the "Contract") in favor of McCafferty Kia of Mechanicsburg, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Said Contract was subsequently assigned to Wachovia Dealer Services. 5. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 2005 Kia Sedona. 6. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from McCafferty Kia of Mechanicsburg to Plaintiff. 7. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff's Assignor as promised, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that a balance of $9319.10 is due from Defendant as of March 27, 2009. 9. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 9.99% per annum. 10. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 11. Plaintiff avers that such attorneys' fees amount to $1000.00. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Tamiko Soler, individually, in the amount of $9319.10 with continuing interest thereon at the Contract rate of 9.99% per annum from March 27, 2009, plus attorneys' fees of $1000.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczansquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:7066730 a ?± FORM PA 23-SIC {Rey- 3/031 SIIAPLf INTEREST p< y? 4GS?Jl?' PENNSYLVANIA ^ ' MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Voted 04/04%9005 ANNUAL FINANCE Amount financed Total of Payments. • Total Sale-Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behaN. have made all scheduled payments. Credit. Including your downpayment a yearly rate. credit will cost you. of i '-$0110 OQ 9.99 tN+ S 708 .50 $ 20888.78 i 27971.28 i 32971.28 Your Pa meat Schedule Will bW - No. of Pa manta Amount of Payments When Payments Me Due Security: You are giving a security interest In.lhe motor vehicle being purchased. i 49 . Mortthl b nnin Prepayment: If you pay of early, you will not have.to pay a penalty. Filing Fees: S $.80 late Chafga: If a payment is late, you will be'charged 2% of the portion of the payment which is late for each month, or part of a month greater than LO days, that it rema Ins' unpaid. See below and any other Contract documents tar any.additional intpreation-sbout nonpayment, default. any required repayment In full before the scheduled data and prepayment refunds and penallies. - e means estimate l nthm ComrrALCAFFERTY KI O weare A F MECHANICS BURta R the SELLER. C'24 CAR TSI G RIK& nr CIIAN1CS8 ?l-PA ?1706G ' C - . AVffi Nam e Aa1,lss . zip ode You ors - the tUYER(9r. ffl F T-GARl 1S - kE PA !7e!3 ' Ak f c - ) d Zip Code(*) If that. I. more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract TRAD£-IN: - You have traded in 2007 KIA SFPHIA the following vehicle: Year and Mahe - Description - If a balance Is still owing on the vehicle you have traded in, the Seller will pay off this amount on your bah-if. You warrant and represent to us that any trade-In Is free from lien, claim, encumbrance or security interest except as shown in the Itemisation or Amount Financed as the 'Lien Pavort." credit, and will riot be provided unions you sign below and agree to INSURANCE on the reverse side. Your insurance certificate or polk purchtised will be for the tern Of the credit. We may receive a financ By .46ina•.you select SInZ Credit Life Insurance, What is your which .oats S M- T/ AA age? Years By signing, you both aetact Joint Credit Life Insurance, which costs i N /A What are IIY styling, you both select Joint Credit Nast ere Percentage your agas? Acc)tlerlt & Health Insurance, which costs S Y / d your MOST to be Insured 2. Z % Si¢natures of both Buyara to be insured for Joint Cretlit Siyratums'of both Buyers to be insured for Joint ' Life Insurance Credit Accident & Hea11h 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. ' N EtN U Yeat and Make SESerfesA Bndi Style UAL CyL 1Luslc Tan Cana.ilv ' . Sati&1 Number KNDUPI314566591 2005 KIA SEOONA- Equipped -A-T. _ P.S. _ AM-FM Stereo _ 5 Sod. Other with -A.C. - P.W. - AM-FM Tap. -Vinyl Top ASSIGNEE: We may ¦sslgn this Contract and Security Agreement to a "lea finance company Which Is the "Asslgn.e.' 11 the Assignowassigns the Contract to a subsequent smilimm. the term also refers to such subsequent assignee. Alts the assignment. all rights and benefits of the Sell- in this Contract end in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will dottiy you when anti It Saller.makes an assignment. WFS•FINANCIAL INC. CO-SIGNER: Any person signing the Co-Signoes Agmemeni Dhow promises espamlely end together with all Co-Signer(s) and Buyer(s), to pay' all sums due and to perform all agreements in this Contract. Co-Sianer will not be an Ourner of tho Vehicle. CO-OWNER: Any person signing the Cc-Owner's Security Agreement below jives us a security Interest In the Vehicle and agrees separately and together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other. pa RS of this Contract except the 'Promise to pay'sectiom TERMS: The terms shown In the boxes above are part of this Contract. ' PROMISE TO PAY: You agree his pays In if shonlabele above. Orlirce or o before the Vehicle dale by thiak CMontraet and SpuinA oOII?i1Eio AGREEMENT: t>neu fra?ty? pevou el Downpayment and assigning the Trail ct Payment Schedule. You D Is* to mats pymenb on or before the same day of each month b the Ilra[ payment due date. You apse to pay Mother amounts which may become due under tfie forms of this Contract You agree to pay the Seller or Assignee costs of suit. You also agree to pay reasonable stbrneys' fees It Seller or Ain; -k'-on aeorrrey to collect amounts due under thh Contract or to protect or get possession of the Vehlele. You spa. to make payments at the place - to send payments to the address which the Assignee most recently specifies in the Written notice to YOU. By signing below, we agree to sell the Vehicle to you under the terms of this Contract. Lj 0 MCCAFFERTY KIA OF MECHANICS BURG SELLER IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT. AND/GR MONEY ON DEPOSIT WITH THE ASSIGNEE. This Contract is between Seiler and Buyer. M Cash Price Value of Trade-In 4 4491-00 Lien Payoff to 14C MQ E Unpaid Cash Y-rieel>alince To Credl m ance Company i w To Public Oflle Is or. $ License, Teas and Registration i SV .a ? ? Lien Fee g i S To 29. Finance Total of Financed raymen¦ senseuis - You agree to pay to us the Amount Financed plus interest in payment s A S 3$8 . 4 each, and a line pay ant of s 388.49 The brat payment,7111be due on MAY 19th 2005 , and then payments will be due on that serne day of each month folbwing.- NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOU&UEGAL RIGHTS. BUYER IsEAQ4/O4 2OO$ / / ??? / ,, ate BY:41; ?C?ff yt %6 04/04/200S I BUYER ISEAL) ?_ CO-SIGNER= YOU SHOULD READ THE NOTICE TO CO-SIGNER, wHICSi HAS BEEN GIYeiv TO YOTT ON A SEPARATE DOCUMENT. BEFORE SIGNING THE CO-StGIVER79 AC.REEMENT i O-SIGN ER 'S AGREEMENT: You, the Peron•(or persona) signing below as ":Co-Sfgnc?," promise to pay to us all sums due on this Contract and to porform all gree- rnenas in this Contract. You intend to blogrlly bound by all the lsrma of this Cotraea, .pa ately end together, with the Buyer. You fir- making this promise to Ind. us to make this Contract with the Buyyer, oven though w will u e the proee.da only for the Buycrl benefit. You 'a-' to Pay even though a may not have mad. any prior demand for payment nn' the Btiyur .1...,.lead our seeurlly interest. You also nek nowledge receiving a completed copy of thia Contract. [SEAL) C.-Signer's Signature Address - e;p to ?- Co- igner ranature - (SEAL) • Address Date CO-OWNER'S SECURITY AGREEMENT: You, the parson signing bel.- "Co-Owner," togethm with the Buyer or otherwie. being all of the Owners of rh. Vsbicte, give us a Security Interest in the Vehicle lidentinad above. You agree to be bound by the terms of the Security Agreement and all ocher parts or his Contras) ..asst she -'Promise To Pey^ section. You ere giving us tho ea.urfly intereri to induce us to maiur this Contrast witb the Duyer, ant to senor. the payment by the Buyer of all aume 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-Owner-s Signature Address • .. - Date ' AKH . PA-ROM 1ORGCO-OWNER, AS.APPLI,CABLE, ACKNOWLEDGE RECEIPT OF A. COMPLETED COPY OF THIS CONTRACT -wry BU R - BUYER - - CO-SIGNER CO• IGNEROR CO-OWNER NOTICE: S8E REVERSE SIDE FOR IMPORTANT INFORMATION. 1ANCONSUM[R FORM PA 23-SLC tee.. 3/03) ORIGINAL - wNis- DEALER COPY - Gnsrr • BMROWER'LCPn10N[II'ig¦(i1?O?'¦gW.¦.`g- Mnt • COPY - e-i'd •- a 200311ANCONSUMER SERVICE:-C.' au are promising to Insure the Vehicle and keep it insured. redit Accident & Health (Disabbity) Insurance are not required to obtain ay the additional cast(s). Planes read the NOTICE OF PROPOSED CREDIT will tea you the MAXIMUM amount of insurance available. AN insurance benefit from your purchase of credit insurance. By signing. you select Single Credit Aceldent & What is your Health Insurance, which costs a Mo aae7 Years Signature of Buyer to be Insured far Single Credo Accident A Health I-an" ADDITIONAL TERMS AND CONDITIONS . MOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total f P o ayments is the sung of the nount Fiutenced and the Flnance Charge. The Finance Charge consists aofely of Interest ow daily on the a mPutsd n o balance of the Amount Fl - Ths Finance Charge gown ti f choice of whether or net to advance any money for theca P. limited to an amount notF?ppeater than yov owe on th x Co tract. THE INSURAINCEI WE PURCHASE M n tlen tx s been le ront side e has bean computed an n the aaumptlon the t we will receive all ry O scheduled due On Dealt, d Claims. AY BE SIGNIFlCANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PURCHASE YOURSELF C INO MPUTING INTEREST: C OMPT We will clang" interest an a daily basis on the ouWantli rg Banco suDJeet t o l n a sraet on ueh toy of the Iwn trim indudln gra btl . Wa wiry add any money we advance on your behalf to the balance on which w ue e impose Flnenem Charges at IM An Annual Percentage Rata of this C , 8 y per (or which ° fats p o e e d Rate A file nis also umber of dayain 1MtaeaMndar `y°riar?BNutroreaa?nss U?atnnbacEusg c(i M ontr act- You • na to repay the mortey advanced as we alone ma) specNY- W knmaWably on demand, or (if sting with your TOn?y piYmantc. I( vw choow b allow you to n a t he IF t rr . d.Nyy basis. tote payments. will nsuk In atldNlenel Interael (and, H aPPlleable, • late argei- Early peymeida. Ma result in fast interest being cherged. Early and/or lots a t I p Y moMY ad w along with your m°mblt1rr p°ym°nb• can enoosa iM amount d tMSe peymants arW Aow long ff?eu Mw to • spay- If any of our atstetl fhb paragraph an not b m itted b p ymen s II cause the amount of the final payment to change. • LATE CHARGE: Buyer agrtaa to WY a fate charge for an payment not made within 10 Ys after its due team. The late charge "I be 2% r tl h n y law, Tve stilf hove the l r tights mentioned- Our payments on your behan wiry not sun your failure to perform Your plemimaa in fhb Contract 12. DEFAULT: In this ora h "Y " pe man r en t e unpaid amount of the yment we will ConeWar any part of a month in excess of 10 deYs to be • Iull?rlanth. Tins • clangs wall be due when earned. No late eherge will be due If the reason that the ymmnt b tree is b at S grap ou moans the Buyer, Co-Stgnar and Co-Owner, or anti one them. You wNl 6a n "tlefault'• of the Cont?aet N any one or more or the rolbwing things h+PP°m ecause, anon detaWL the anNre outstanding balance on this Contract is a No late charge will be due if the only reason that the payment Is late is because of a late at s +• You tlo not make any payment on or belora N Is due; or b. You d not an any pfombe you made In this Connect o a aea•etl on on godier payment APPLICATION OF PAYMENTS: Wa veal apply payments in tha f s i r a You d not keep any promise you made in another Contract, Note, Loan or Agreement WN S°e°r or Assi a ow n order of it to interest and then to late charges, fees. Orinciwl and any other amounts you priority in' Y owe t order that we ChoOe gn°r, or d- You made an untrue statement in The credit application for this Cont a PREPAYMENT You may prepay, In full or in part, the amount owed on this Contract at any h without penalty. n You prepay the Contract in Part, You agree In Continue to make ialarb ach°duled payments until you pair aN amounts due under this Contract This wig ract; or a You OEM d any forgery In connection with tt is Contract; or t• You die, are convicted of a crime Inwleing fraud or dishonest or are found b a court with Jurisdiction to do me to be Incepecltatsd; or y' y 2. You file bonkruptcy er insolven - uca a number of payments you will make. WAIVERS cy proceedings, of anyone fifes bankruptcy or Insolvency proceedings as at you: or . a. WAIVER BY SELLER AND ASSIONEE: We and Assignee waive the right to treat any spotty as security for the repayment of this Contract except for the V hi l h h. You take the Vehicle outside the United States or Canada without our written consent; or 1. You use the Vehicle or allow someone also to use K In a way that causes It not to be C d b . e c e and t e other urlty spoeiNUNy mentioned In this Contract b WAIVE Y overe y your insurance; w J. You rtes somethin that ca M or before they a c are due without Ours ha viln` toask. It you Con?? "may eenfwu payments righs t without noWy4 you in advance. You give up any right You may have to require that WE ..,once our darts against some other person or property before we a fore" our rights against you. You agree that we may giw up our rights against some. other person but not asait rou- You weiv. due diligence in Collection and as defenses based on suretyship and Impairnement of collateral or aecwiktyy 7. INTEREST AAER MATURITY AND JUDGMENT: Intertat at the rats provided in this Contract shag continue to accrue on the unpaid belancm until paid in full, even alter maturity and/or after we not a Judgment egeinst you for the amounts due. This will ayply even it the maturity occurs beasts" of OCCeteration. If at any time interest as pro vided for In this the lowe paragraph Pa .Is est rat. d by an AN04T OUIt R SECIntarimst a YOUR PROMI g RITY INTIERESTu You will notlp"rm{t an lone other than us to obtain a security interest or other rights In the Vehicle. You will pay all f{Hn Fees necessary for us to obtain and maintain our Security Interest in the Vehicle . You will ast us In having our aaqurky Irtamrast noted on the Certificate of This to the Vehicle. You will not sell corlea gi r ve the Ea eway n. tie Veh(cle_ If someone puts a lien on the Vehicle, you will pay the obligation and 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and repair. You wig 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 WIN reduce its value, other than for normal wear and use. You WIN net use the Vehicle for Illegal purposes or for hire or lease. You will not mow the Vehicle from your address shown en the front of this contract to a new permanent place of sarasing without notifying us in ndvance. t0_ YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, heft and collision until an soma duo us ere paid in full. The Insurance Coverage must be -atislactory to us and protect your interests and our interests at the time or any Insured loss. the insurance must name. us as `loss-pa We' on the policy. The Insurance must be written by on insurance company qualified to do business in Pennsylvania and licensed to sell insurance n the state where the Vehicle Is permanently garaged. The Insurance policy must provide us .,that least ten (10) days prior written notice elan' caneeltation or reduction in covenQe- On equesL you shall deliver the policy or other evi vice of insurance coverage to us. In the rwnt of the lose or damage to the Vehicle, you will Immediately notify us in writing and file a rrool of lea with the tee„""" OF LOSS: In the event Of any loss or damage to the claim or proof of loss with the insurance company, you ubsequend assignee, or any authorized employee of any t with the lmunnee Company, in your mina and acting wad Claim. You agree that you do not hew the right le we given us to file a proof of less: You agree that we may and not for your benefit. except as provided in this outhorkes; OR, g uses; ° Vehiels, to be subiect to Conf Scat on by government k. The Vehicle is lost stolen,. destroyed or damaged beyond economical repair, and not pied or found within arm sonable timr, or 1. Another creditotries to teke'ths Vehida or your money on deposit with Assignee by teal roeasL 13. OUR IIIGHTS IF YOU ARE ON -DEFAULT OF THIS CONTRACT: 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 ona of these things and at the same time or later do another. Some of the Ihings 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 a nee that you wit, pay L this REPIS?O 1rr 1ISto us In one mines payment SION: We can repossess the Vehlately wpm icle. uNm ppriohibited our cf. mend by law. Wecan do this fowns, or es nos,teatwa catnap aceably come on to your roperty to dolti.is. replevin) we mado It for cal Y E return . If take any other thinjix back. noir many Vehicle, thbut em will 1. th them (3?p)indayss to you If of our malting you • want the" things hi y Notice Of posss of those f things in tthhe reclaim the same manner n a ass tthDee motor vehicllee. You agree That we may dh maY use your license plebs in repossessing the Vehicle and taking It to a place for storage. - VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably convenient place. You • mo to ice us the Vehicle if we ask. Of. DELAY ( YOY` IN ENFORCEMENT- We can delay enforcing our righh under this Contract l4 without loath TXINOSIyyU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: 11 we repossess, without uairK •gO wrnmant official (by replevin): m." OTICE: We will sane you a Notice of Repossession to our last address we know about. This Notice will tab you how to buy back (redeem) the Vehicle. You will NOT have the right to reinstate the Contract This means You will have to pay the total balance on the Contract end outer amounts due. You may not net the Vehicle back by paying delinquent installments. This Notice will WN you other information required by law. Is . REDEMPTION: You taw the right to buy back (redeem) the Vehicle within 15 days of the ;;signs 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, S soon as is repongbllYr possible, but In not more than ton (10) business days of our receipf of the funds required. 11 you do net redeem, you give up all eleint to the Vehicle. 0. SALE; 11 you don't redeem, we will mail 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 an the Contract d. SURPLUS ON DEFICIENCY: If there Is money left, we will PAY it to the Buyer. N there is not enough matter from the sale to pay what You owe, Buyer and Co-Signer agree te pay what is still owed to uL any su r' ace wwsc INSURANCE CHECKS: You agree that the Seller. Assignee, 6sequent asesslg°nem, or on authorized employee of any of them (`we^) may endorse your i a EXPENSES - You agree to pay the Cosh of raPOaaasina storing, repairing, preparing for sale and aNing the Vehicle an may be allowed by low. These Costs will only be due IF name, act ng as your meant to any check, draft or other Instrument we receive in payment of an Insured lees or return of Insurance premiums: You asroe that you de not have the right te artd wiry net revoke the Ilewar you hew tt'von s t k r . 1. Oaf¦u11 exceeds fifteen its) days at the time of repossession; 2. The amount of costs are aelual, necessary and reasonable; and 3 We co th u o ma e your andoraernanl. You agree that C may exercise this power for our benelit and nof for your benefi4 except as provided in this C . n Prow e costs were paid. 15. HESRS AND PERSORAL REPRESENTATIVES BOUND: After o r d th hi ontrac. C. Lit SE and OF by P" lewCEEDS: We may apply any Insurance proceeds we receive to repair or replace The Vehicle if In our opinion it Is econ i ll f i y u ea , t s Contract shall be enforceable against your heirs and personal representatives of your estate. 16• GOVERNING LAW: This Contract late be interpreted according lo, the law of Pennsylvania 17 , , om ca y eas ble and you are not then in default of this contract. Otherwise, wa will apply th°yyinsurance proceeds to reduce the unpaid II the balance due US, excess b l s le I . , SEVERABILITY OF PROVISIONS: If for any resson any pan of this Contract shall become lllegal: void or unenforceable, that Part shall not b e a part of this Contract e l l UR RI XT F YOU BREAK YOUR PROMki99 ABO T T on HE SECURITY INTEREST, VEHICLE 00 INSURAN e ( e? 16. THERE ARE NO WARR?IES sr shelf EXPRES'SSEED ntra OR IMPLI CE: If you fail to keep your promises to pay tiring tees, taxes flans or the costs necessary to keep the Vehicle in good Condition end repair, WE, may advance any money you promised to pay. If you fall to kee our i r ED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER p y P em ses about required insurance, we may advance money to obtain Insurance to cover toss or damage to the Vehicle. We have the ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF TH Is 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 f ll i i , o ow ng not ce applies: The Information you see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any NOTICE contrary NY HOLDER OF THIS CO SUMER7CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT H ERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BYTHE DEBTOR SHALL NOT EXCEED AMOUNTS porn Rv rur naria-..ee?......?.. NOTICE OF PROPOSED CREDIT INSURANCE rvvc.., The signer(s) ON this Contract hereby takefol C notice that Group Credit LOS Insurance coverage or Group Credit Accident and Disability Insurance coverage wlll be eppReable to this Contract H so marked the (root of this signiaet and each e of coverage will be written by the insurance company named. This insurance, subject to accepLnea by the Inauror, covers only the e person or persons eignin such typ the rejuest for such insurance. The amount of charge to Indicated for esch type of Credit Insurance to be insuration wig commence as of the data this indebdnea s Incurred and will expire on the original Scheduled maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days, then will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event M refund of Insurance charges will be made when due. pr4payment of the Indebtedness a ¦nc PROVtsiDN BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. TO induce you. the "Assignee" identified on the face 09 this Contract or as follows, ASSIGNMENT i _ ) Z _ w to Purchase the will n Contract. the Seller hereby warrans and ropresents, and Continue to warrant and represent that: the ale has bas-n. federal, steam and local laws and ragufatlona, Including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C-3. and the V"blele Cawood thereby in absolute, free of as Hens, encumbrances and security Interests, and-is subject only to the rights of the genuine. the signatures thereon am net forgeries, arose from the $ale of the Vehicle Iherdn described, and all parties thereto are of full age an the Vehicle and extra equipment is complete and carrect; the cash downpayment and/or trade-In allowance were actu•Ny received and no cheeks, other credit advanced by us to Buyer or rebates or similar payments tram us to the Buyer fhawaver manufacturer rebates may Con warranties and statements therein are fins; then is Owing thareen the Amount Flnanr:eo plus indent gt the Annual Percentage Rate of the Ce under the Penasylvenia Motor Vehicle Sales Finance Act and haw duly Compiled with all requirements thereof wine respect to the transactb and with any other federal or state low, rule or regulation applicable to this Contract; a motor whiere, tiffe certificate showing a lien or enr- applied for prameth, Me raatstratton f the - remedy medy s ratusos IS any warn nclugedi4l IContract. to any or man • o cis has not been suspended and the golfer knows of no facts which may result 'chicle Flnanelal Responsibility Act. the Buyer(s) named in the within Contract Is fors) personally known to the fitted to this Contract: and Seller has no knowledge of facts impairing the validity or value of the CentmcL of a SeNer shelf repurchase said Contract from Assignee, an demand, and will pay th?erotor. in -an. the amount owir rla0w and not exclusive, and shelf not affect any other right or remedy that A news might haw at law or in eqv eymoit due hereunder on the assertion, either oral or written. that the Vehicle In detective, not as represented to I o agreement of Seller or manufacturer, Seller agaes that on being advised by Assignee of w. *am* kn ed mlately in accordance with the repurchase terms sat forth below, and Satter lurthe es, watt +Ad expenses incurred in defending mgainat claims asserted by Buyer and including at property insurance on behalf of the Buyer, and that insurance Is cancelled by the insurance c stage with another Ineuraxe company on behalf of the Buyer. It Seller is unable to do so, Salle a MPlecament Insurance for the unexpired period of-the original Insurance policy. By alptin { Payment for it Seller aulhorizaa the Aesignew to .ct as the Sense. agent ter the purpose I the true Assignee who purchased the Contract and/or for the Purpose, of signing Seller's name N HIa ail !n `r 1= th wp-er given In this paragraph for the banolk of the Assignee A. 462101 set segl; our Ytle to the0•ntraat o Buyer as Sat forth therein; theContract 1s d lied Capacity to contract: the dmscriptlon of th ared.•consbted of notes, Postda4d a=aam aft or a part of the downpayyment) all Mraet mat forth therain; we are duly m;wd n and with the federal Truth-In-Landing Act +nee in favor of Assignee has been or wiry be suspension or Sold registration under the to be the ants identical Person(sl whose ch warranties or representations should be sort COMPuted as set font below, and sold Wet SONer. In the event that Buyer fags ar yer by Seger, or that Sailer refuses to honor win repurchama the Contract from Assignee i harmless from any other claims of Buyer, rate made by Buyer to Assignee If the Seller duled mxPJmUon date, Seller will attempt to r_ to Buyer any additional Costs incurred by mmurse. N the Am I Seller. Seller data the respect l hthe er o, i eluding lace of Contra tee that r iwsteN "arses 01-116 to SOOMon to the Paragraph above tlsed wten! yYte under the COnlnet of In tha prompt performance at any other abuse rep ??!1t??e *hot A-k- for a npuMismae price, in casl% Computed asset Ia agree O? 7 q a vanrui Sa MrleadR If the Vihieledb?en to the provisions of the paragrapf Contract and the Vehicle Ir0111 Aa1gMe nor a nOuMhasa?1 cash. computed a. aat to By eittrl_.?_ 9fleiMa eyes zo firs amrms er the assignment. - Seesr _ ?- =+R 'CLT J0. " By aANDmigumat ¦ORM M a.61 Iaer. gran mmi gna, file within Centmcl, all moneys due and to become due the rounder, and all our name to take suc4 legal or ofher actiorr which we might haw taken save for this it "WfTH REPURCHASE," Seder's asslgnrrtent shall, except for the prievlslons of the ' In the event of default by Buyer in the full payment on the due data thermal of anyy rtertaed under the Contract by Buyer' Seller wig, on demand by Amalgams, forthwkb "Assignment." In the event of any ddauk by Buyer which shall entitle Asslgnta te and without regard to the then condition of the Vakicle, forthwith repurchase the Date VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is be of (Title) KrIsty Mc Kenna dame) NdInd G" (Company) plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. 4iatourej W WR# 07066730 FILEI' -O.-TIDE OF THE ?T?.?'?1GTARY 2009 APR ! If AM 9.57 AT Y j P0 IrIl 39 i/? 1/ iV'7 9 VCl Sheriffs Office of Cumberland County R Thomas Kline ?ptt?tiIV of c'umbpr, Edward L Schorpp Sheri .440 Solicitor Ronny R Anderson Chief Jody S Smith f Deputy OFFICE F TAE SEER FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/18/2009 01:11 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2009 at 1311 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tamiko L. Soler, by making known unto Tamiko L. Soler personally, at 518 North College Street, Carlisle, Cumberland County, Pennsylvania, 17013, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 SO ANSWERS, ?..," I April 21, 2009 R THOMAS KLINE, SHERIFF Docket No. 2009-2321 Wachovia Dealer Services v Tamiko Soler Deputof Sheriff C-i C> c? C i y F - , J- ? t x'1 (,) ?7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WACHOVIA DEALER SERVICES Plaintiff vs. TAMIKO L SOLER Defendant No. 09-2321 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 010 Lb73n r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WACHOVIA DEALER SERVICES Plaintiff vs. Civil Action No. 09-2321 CIVIL TERM TAMIKO L SOLER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorne/fo PI intiff 1400 K r Building 436 Sevenue PittsbuA 15219 (412) 4 55 9667 prejudice to refile and mark the costs paid. SWORN TO AND SUBSCRIBED before me this 3`11- day of J WV_ 12009 N ARY P LIC COMMONWEA i OF PENNSYLVANIA Notaoai seal Public Wayne A. J h Notary berry Coun1Y City Pittsburg ' . June 29, 2010 MY commission Expi of N° des Member, Pennsylvania Alen TAII 7009J1; 15 A'MI1:24