HomeMy WebLinkAbout09-4403HAYT, HAYT & LANDAU, LLC
By: Arthur Laahin, Esquire
Identification No. 23425
400 Market Street
Suite 600
Philadelphia, PA 19106-2513
(215) 928-1400
Attorney for Plaintiff
SOVEREIGN BAND
1 SOVEREIGN WAY RI 1-EPV-01-67
EAST PROVIDENCE, RI 02195
VS.
BARBARA A BLACK
109 WYNCOTE CT
MECHANICSBURG PA 17055
DAVID J BLACK
102 N MIDDLESEX RD
MECHANICSBURG PA 17055
CIVIL ACTION
"NOTICE
'You have been wed in oourt. N you w(sh to dehnd against
the olaime set bM in the to m*v Pages, you must take a cbm
widak? Y Sys surer Dais oompbktt and notice are served,
by enterkg a written appearance persoraly or by sttorrwy and
Oft In wrOV wpb the coW your defenses or objeebons to Ow
cirakras set toAh agnk% t you. You sr. *wmd tlat g you W to do
so the case may proceed wWmA you and a *Wgnark may be en-
tered agakat you by the cast wf mA fisthsr nofm for any mon-
ey clakned in Ow oorrapbint or for any obar r Im i or reW request-
ed by the pbWW, You may lose money or property or oOwr rights
bwwb" to yw-
IF TQU COMOT AWOW TO MW A IAW"XnEW MUM WY
A TO MOWS YOU `WTM SAS( MAI ABOUT AOMUS TOAT
MAY OffM LWAL XAd S TO MI E FERAWS ATA REDUCM FW
ORNO ;
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA, 17013
717-249-3166
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 0q - IN03
TERM.
a;vt l-FCtrwi
"AVI8O
"Le ban donwWmdo a usted on b oohs, Si usted qutere
dobnderse de sobs demos espuestes on be pawns sfguierates,
uQed fens veinle OM dies, de plazo sl path de In tecia do Is
demands y Is n ol6n, Haas hft ere w*w unrs compamncis
ea oft o on Persons o con un abogsdo y onbeyar a In come on
forma oe"Ia ws dobnose o sus objodorws a bs demanders on
conks de w persona. See w0mado que sf usted no se defend, b
come team* rnsdides y pusde con0nuar In denanda an conks
sup sin previo m6w o 6m Adwn&%, In oode puede
deeidir a ft w dN demwdento y regWme quo usted ounWb con
Was lave provb1ones de sob dermnds, Usted pusds pmder dkwo
o sins propfsdsdes u oiroe dsrechos fmpoolanges pare a sted,
1ARVE MA DEMANDA A UN ABOGADO
IMMEDIATAMEMM, SI NO TIENE ASOGADO O SI NO
TIENE EL DWERO SUF10ENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME FOR TELEFONO A LA
OFICIMA CUYA IXRECC06M SE ENCUENTRA ESCRITA
ASAJO PARR AVERKWAR DONDE SE PUEDE CONSEGUIR
ASLSTENCIA LEGAL
CIVIL ACTION
1. Plaintiff SOVEREIGN BANK is a business
entity securing or collecting debts, with offices located at:
1 SOVEREIGN WAY RI 1-EPV-01-67, EAST PROVIDENCE, RI 02195.
2. Defendant BARBARA A BLACK is an individual
residing at: 109 WYNCOTE CT,
MECHANICSBURG, PA 17055.
3. Defendant DAVID J BLACK is an individual
residing at: 102 N MIDDLESEX RD,
MECHANICSBURG, PA 17055.
4. On or about the date set forth therein, Defendant(s) entered
into a lease or installment purchase contract.
5. Plaintiff is the holder of said contract.
6. Defendant(s) has/have defaulted in payment under the terms of
the agreement.
7. Despite demand made by Plaintiff for payment following the
default, Defendant(s) has/have remained in default. Plaintiff has
elected that the entire unpaid balance under the Agreement be
immediately due and payable.
8. The property was repossessed by the Plaintiff and sold in
accordance with law.
9. After giving Defendant(s) credit for all sums realized after
expenses of repossession and sale, there remains an outstanding balance
due and owing from Defendant(s) to Plaintiff as stated below.
10. An attorney's services are required to enforce the terms of
the Agreement and Plaintiff seeks payment of all attorney's fees,
late charges, collection fees and other charges provided for by the
Agreement. Counsel for Plaintiff in this action are not salaried
employees of Plaintiff.
11. Plaintiff has demanded payment of all sums sought herein,
but Defendant(s) has/have failed and refused to remit same.
12. As a consequence of the foregoing there is presently due and
owing to Plaintiff by Defendant(s) the following sum(s):
Unpaid Balance:
Interest:
$9,046.62
$1,466.16
Total Due:
$ 10 1 -5-1-z-79-
13. Despite repeated demand by Plaintiff, Defendant(s) has/have
failed and refused to pay the aforesaid sum.
WHEREFORE, Plaintiff demands that judgment be entered against
Defendant(s) in favor of Plaintiff in the amount $10,512.7,8'1
together with interest and costs. // )
ATTORNEYS FOR PLAINTI
$y.
xrtnur LasnIn, E3quire
Attorney for Plaintiff
OT YyH1ClE INSTALLMENT SALE CONTRACT,
ANNUAL FINALE
PERCENTAGE RATE CHARGE
The cost of your credit as The dollar amount the
a yearly rate. credit will cost you.
8..34%1 $
be:
Dated 03/0A/06
Amount Financed Total of Payments
The amount of credit provided The amount you will have paid after you
to you or on your behalf. have made all scheduled payments
7514.671$ 27389.49 I
$
Total Sale Price
The total cost of your purchase on
credit, including your downpayment
of $ 2874. f?l
34904' 16 I S 37778 77
Security: You are giving a security interest in the motor vehicle being
purchased.
Prepayment: If you pay off early, you will not have to
Filing Fees: $ pay a penalty.
N/A
Late Charge: If a payment is not paid within 10 days after its due date, you will be charged 2% of the portion of the
10 days, that it remains unpaid. payment that is late for each month, or part of a month greater than
See below and any other Contract documents for any additional information about nonpaymerrt, default„ any required repayment in full before the scheduled date and prepaynngnf
refunds and penallies.
In thiS Contract
we ere
the SELLER.
Name
You are
the BUYER(S).
Name(s)
BRFNNFR CHRYSLER JFEP L.L.C.
6039 CARLISLE PIKE
MECHnN I
Address
Pty 17050
crp lode
County CUMBERLAND
BARBARA A Bt_ACK 25 HTt_LCREST DR MF CHANTCST3f.1R6 PA 17055
nAU T n _T no oru oc rA T.....?.--
IF
VEHICLE AND PROPERTY THAT YO
BOUGHT WITH THIS CONTRACT, AND/C
MONEY ON DEPOSIT WITH THE ASSIGNEE
This Contract Is tin Seger and Buyer. I
disclosures have been made by Seger. Selk
intends to this contract to the Assigm
County Pnce -4 21 take
If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform elfagreemenfs inthis Contract '? -- '
TRADE-IN: paid to
You have traded in &salesfaaefs
the following vehicle: "'
Year and Make Description Cash Price
S 26995.0@
If a balance is still owing on the vehicle you have traded in, the Seller will- pay off this amount on your behalf. Ydu warrant and represent to us that
Cash Dmvnpayment .
Any trade-in is freefrom lien, claim, encumbrance or security interest, except as shown in the "Itemization of Amount Financed" as tfie "Lien Payoff.- 1 `X10
PROPERTY INSURANCE: You may choose the S
liability arising out A
of the use or ownership of a th ehperson tthrou his Cho°tra om insurance is obtained a inst loss or damage to the Vehicle and Value of
I ct, you are promising to insu eethe Vehicle and y Value of Trade In
DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREENIFN'T IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE . 1 0000. 00
CREDIT. This agreement will not be provided unless you sign below; agree th• pay the additional charge, and sign the separate disclosure and Lien Payoff to:
agreement page, which is partof this Contract. This agreement will apply during the erifiie tens of the Contract This CAPITAL ON
your entire indebted agreement may not cover
rtes see the MAXIMUM PROTECTION amount stated d in the saute disclosur"nd aArerrnae S __ 1.2 . 34
EXHIBIT A
iqn? uawi mice nalance
Guaranteed auto protection (GAP) S?e#ure -
W S?e.00 BYsi ; 241 PO. 39
? ('? Kt^1Eares a In Optional Debt Cancellation (GAM
Sign ... 3 520, 00
SERVICE CONTRACT OR WARRANTY AGREEINERT IS VOLUNTARY AND NOT REQUIRED A WIDE
contract or warranty agreement will not be provided unless you sign the separate agreement with the third a lament Pre aration Fee
named Above, and agree to pay the additional charge. This section does not a THE CREDIT The service S ?5-
separate charge. p ?bY provider, who is not the Seller paid to Others on Your Behalf ,
PPIY to aqy warranty that you may receive for which there is r
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Heath (Disability) Insurance are not required to obtain To Pubfic Officials fdF:
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 License, Tags and Registration
INSURANCE on the reverse side for a description of coverage. Your insurance certificate of policy will provide further details about your insuranee. Lien Fee
?A" 50
All insurance purchased will be for the term of the credit We may receive a financial benefit from
By signing, you select Single Credit Life Insurance, Your Purchase of credit insurance. 5 0?(A
which costs; What is your By signing, you select Single Credit Accident & $
-"'--A- age? Years Health Insurance, which costs; r What is your Taxes Not Included in Cash Price
---?? age? .Years ; 1140.60
signature of Buyer to be insured for Single Credit Life Insurance Signature of Boyer lobe insured Single ant & Health Insura Credit Atx id To
3y signing, you both select Joint nce ; ,
--------------- -
reditLitelnsurance,whichcosts;What are BYsigring,.You6afhselactJantCredit. For Messenger Service
your ages? Accident & Healtf?.lnsprance, which ; _ gm tPoerc ntage To
I. insured ' $
% For EXT WARR
ignatures of both Buyers to be insured for Joint Credft
To Credit Insurance Company
fe Insurance Signatures of both Buyers to be insured for Joint % Z N/A #
Credit Accident & Health Insurance For
isurer
:HICLE: You have agreed to purchase, under the terms of this Contract,. tine fellavirtg motor vehicle and Its eirtre uI
e "Vehicle in this Contract $ N/A
pmeiit, which To
?i is called For
? Y.RJIi Alid MdkA
?QS1Y 3Y1!< ?4. Dyl 1md im Ca, W& 1 &Mbff To
1+%pt oog CI-IRY9LERACTFTCA SW $
NIA #
uipped -_ A.T. -. P.S. - AM-FM Stereo _ 5 Spd. Other S 074 779T 2CBGFft346Sa6
:h _ A.C. _ P.W. _ AM-FM Tape V. I To _
SIGNEE: We may assign this Contract and Securit p o t N/A #
Y Agreement to a sales finance company which is the 'Assignee.' If the Assignee assigns For
Contract to a subsequent assignee, the ;term also refers to such subsequertt assignee. After the assignment, all rights and• benefits of the To
ler in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will noti
I if Seller makes an assignment
; s
SOVEREIGN BANK, 1130 Berkshire Boulevard, Wyomi?ing, .PA 9&10 ? yon when
For . N/A .
SLGN.ER Any person signing the Co-Signer's Agreement below promises To
=s due and to perform all agreements in this Contract Co-Signer will not be an• ertof the Vewhiicle. all ' Co-Signer(s) and Buyer(s), to pay $
OWNER: Anykpersonsigning the Co-Owner`s'Security Agreement below gives us a .security interest in the Vehicle and agrees se Ned #
ther 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 For
mise to Pay" section. Para{ely and Amount Financed
US: The terms shown in the boxes above are nart of this rnntrart $
_ WA may roMin a nnrfinn ^f smnnnM rnerLerl#
S
EXFHBIT A
AN insurance purchased will be for the term of the credit We may receive. a financial benefit from your purchase of credit insurance. g, O1Qf
By signing; you select Single. Credit Life Insurance, What is your By signing; you select Single Credit Accident & What is your. Taxes Not Included in Cas)i
which costs age? Years Health Insurance, which costs $ /? age? Years $ t f a??- ??
To
Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident & Health Insurance $
By signing, you both select Joint What are
Credit Life Insurance, which costs $ { to your ages?
1.
By signing, You both select Joint Credit at are Percentage
Accident & Health Insurance, which costs $ ages? to be
insured
1.
2 2
Signatures of both Buyers to be Insured for Joint Credit Signatures of both Buyers to be insured for Joint
Life Insurance Credit Accident & Health Insurance
96
9i
For Messenger Service
To
$ Ili -3. 1410
For EXT WARR
To Credit Insurance Company
$ N/A. •
For
To _
Insurer. .
VEHICLE- You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called For$
the "Vehicle" in this Contract
mu YWHA Midis. Skff D9l1lf. ZvJA thL C!(1. JE& JE Capacity SAdd Number To _
S
!ac;F-OP9105 f'HRY%ERACIFTCA SW 5 074 770 21178151758465R6
Equipped _ A.T. _ P.S. _ AM-FM Stereo _ 5 Spd. Other o Far
with _ A.C. _ P.W. _ AM-FM Tape _. Vinyl Top $
ASSIGNEE. We may assign this Contract and Secun
ty Agreement to a sales finance company which is the r Assignee. If the Assignee assigns For
the Contract to a subsequent assignee;Ahe term also refers to such subsequent assignee. After the assignment, al rights and• benefits of the To_
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 aft assigment $
SOVEREIGN BANK 1130 SWUM- Bold -4 W For
N/A •
N/A #
N/A s
s
N/A
eva yomissing, PA 19610
To
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 aft Owner of the Vehicle. For 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 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
`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 PAX: You agree to pay us the Total 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 Contraet 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 date. 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 hues 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:
his contract and may receive a part of Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to
t' Buyer.
ifie F?s'nan Oink
Terms and. Conditions; Before signing this Contract, be sure you receive and read the
following; if marked. X, which are a?ditionat pages to and part of this Contract
III This Contract cc atinue3 on the reverse side.
? Debt Cancellation (guaranteed auto protection) separate disclosure and agreement
EXHIBIT A
BUYER ? (SEAL)
SELLER Oat"'
RE NER CHRYSLER JEE L...L. C.
BUYER (SEMI Date ` _?
BY p
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. below
Co- a roementE n this ContEractEYou intendho be leson gally b aersons nd by all the erms of this Contract, promise ely a d together, with the Buyer. tYou are making this perform 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
8
made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract.
(SEAS Date
Co-Sigper s Signature Address .
(SEAL) Data
Address ...
Co-Slgwer's Signature"
CO=OWNER'S,SECURITY AGREEMENT. you, thirpepon signing below as;", Co-owner," together.with,the Bvyer(s) or otherwise being all of the Owners of.the Vehicle
givems a secunty.interest in the Vehicle identified above. Yott agree ta.be bound by the terms of the Security Agreement and all other parts of this CA3, des imps du
"Promise To Fay". section. You, are giving us the security. interest to induco us to, make this Contract with the Buyer, and to secure the payment by Buyer oathis Contract. You will not be responsible for any deficiency which might be due after repossession =4?sale of the Vehicle.
(SEAL) Date
Co-()wner's Signature Address
The persons signing below expressly. agree to be bound by the arbitration provision in Section 22 on the reverse side. Such persons (all referred to as "you" in the arbitrati(
provision) agree that wer may rely on the fact that -"y bane. read, understand and agree to that provision. THE PERSONS SIGNINGt BELOW UNDERSTAND AN
AGREE THAT, DI$P.UTES_ MAY BE:IRESOLYED.BV ARBITRATION INSTEAD OF BY LITIGATION IlN COURT AND ACXNOWLEDGE THAT THEY HAS
REC UVERA COPY OF.SOVEREIGN AANKS;PR, YA:CX PEI G :
BUYER' GO SIGNER AND CQ-4WI? M I 1",APPLUBI I,'AOKNO?M;LEDG.E REMPT OF NACO- ?ISCEOSURES AND PAGE
C.ONTR CT AND PRIVACY NOTICE AT THE TIME OF SIGNING, INCLUDING THE ADDITIONAL
LiSTE H Ia.EI} D1110 AL TERMS ND CONIlITI NS.
BUY COSIGNER, CO-SIGNER OR CO-OWNER .
BUYE
NOtkE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. a 20D4 BANCONSUMER sERVIt II
BANCONSUMER FORM PAS1230CSLG1 (12/04) ORIQUAL - YIANe • DEALER COPY - Can#ry • BORRMWS/MSIGNER S COPY - Piak a COPY - Gw mad
s
EXHIBIT A
i naving our security interest now on the cerpncate or I me to the venicle. You wHI not seH
r give away the Vehicle. If someone puts alien on the Vehicle,
you will pay the obligation and sale and selling the Vehicle as may be allowed by law. These costs wi f oniy be tine if
;
lear the lien. 1. Default exceeds fifteen (15) days at the time of repossession;
2. The amount of costs are actual n
M ecessaryand reasonable; and
0. YOJIR PROMI'SES ABOUT THE VEHICLE: You will keep the 1?ein ®god.condl`bo' n 3. We tad°prove the costs were paid.
:pair. You will pay all ti ft and charges on the V, You wig
ay a rte
i
Q
`
ie Vehicle. You will not abuse the Vehicle or permit anything to- bitl@nb_to the wV+uSl
ill reduce its value, other than for normal wear and use. You willb-* -toalfe VX .
ur
odu or fo
hi
l
Y
o
Y
`chi .16 SUIMYARY NOTICE REGARDING PREP SIT ?
R AN>QINSTATEMENTi You mar prepay:
all or part of the amount you owe under this contract any, time without penalty. We never
chargo or rebate unearned finance charges, If
u def
t
d i
p
r
re or
ease.
ou w
ill not move the Ve
e from your address
n
ont of this Contract to a new rmanent lace of ra 'n without
pe P ga ID g notifyin
u
i
d
a yo
aul
an
n reposseys your yehicle,
+ wiH NOT`aifoer you for pay the amountit you owlr
as to grit your vbhicle back and
g
s
n a
v
nce.
1. YOUR PROMISES ABORT INSURANCE: You will keep the Vehicle insured against fire,
ieft and collision until all sums.due us are paid in full. The insurance coverage must
be .
reinstate this contract
17. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall
.
ltisfactory to us and protect your interests and our interests at the time of any insured loss' be enforceable against your .heirsand personal representatives of your estate.
he insurance must name us as "loss-payee" on the policy. The insurance must be written by 18, GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsyfvani&
n insurance company qualified to do business in Pennsylvania and licensed to sell insurance 19. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become
i the state where. the Vehicle is permanently garaged. The insurance policy must provide
us illegal, void or unenforceable, that part shall not be a pa it of this Contract
.
ith at least ten (10) days prior written notice of any cancellation or reduction in coverage. On
)quest, you shall deliver the policy or other evidence of insurance coverage.to us.. In the
f 20. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract
21. THERE ARE NO WARRANTIES BY SELLER
EXPRESSED OR IMPLIED
INCLUDING THE
vent o
the loss or damage.to the Vehicle, you will immediately notify us in writing and file a
roof of loss with the=insurer ,
,
.
WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE,
.
a. OUR RIGHT TO. FILE PROOF OF LOSS.: In the event of any loss or damage to the UNLESS WE HAVE GIVEN YOU A-SEPARATE WRITTEN WARRkW OR UNLESS SELLER
ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF
ehicle, if you fail or refuse to file a claim or proof of. loss with, the insurance. company, you
gree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any THIS CONTRACT.
f•thern ('we") OW file a proof of loss with the insurance company; in,your name and acting
s your agent, with respect to the insured claim. You agree that you do not have the right to 22. ARBITRATION:
a.--.You and we' agree that either party may elect to.arbitrate 4 and
require the other panty
,
nd will not, revoke the power you have given us to file a proof of loss. You agree that we may
Y
xercise this power for our benefit and not for your benefit
except as provided in this to aroma any claim or dispute of whatever nature that to a cm or relates in any a to
this Contract If we or you choose arbitration .with respe pect.to a claim
or dispute, neither you
,
ontract and by law. nor we will then have the right to litigate that claim in court, have.a jury trial on that claim
or
b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee,
ay subsequent assignee, or an authorized employee of any of them ('we" ma
endorse
our ,
participate in a class action suit or private atterne
arbitrate a dispute or claim, the y general action. If you or we choose to
party choosing to arbitrate must give the other notice in
y
y
ame, acting as your agent, to any check, draft or other instrument we receive in
n insured loss or return of insurance premiums. You agree that you do not have the merit of
trtt
ri writing The arbitrator shalt apply Pennsylvania and federal the, Fed law, ti applicable, but
the
y
a it aIi claims disputes shall be governed by y the. Federal Arbitration Act, ma
.
o,
g
rid will not, revoke the power you, have given us to make your endorsement You agree that
e may exercise this power for our benefit and not for your benefit
except as
rovided i
thi b
y
state
not by state arbitration statutes. Any judgment upon the award rendered by arbitration may
be entered in any court having jurisdiction. The arbitration will be held in the county where
,
p
s
n
ontract and by law.
c. USE OF PROCEEDS: We may apply any insurance proceeds we Yel:eive to'repalr' or
:place the Vehicle if, in our opinion, It is economically feasible and you are not then in the Seller is located.
b; The party initiating arbitration shall have the -right to select one of the following
arbitration administrators whose iulds nd procedures shalt govern the process.
efault of this Contract Otherwise, we will apply the insurance proceeds to reduce the: unpaid National Arbitration Forum American Arbitration Association
.
alance due us. After the balance due us is paid, any excess will belong to you
2. OUR RIGHTS IF YOU BREAK YWR PROMISES ABOUT THE SECURITY INTEREST P.O. Box 50191
33.5, Floor. 10
Madison Avenue, Minneapolis, MN 55405.01$1 New York, NY 1017-4605'-
,
EHICLE OR INSURANCE: If you fail to keep your promised to pay filing fees, taxes, liens or
le costs necessary to keep the Vehicle in good condition ind repair
we may advance an 1-800-474.2371 1.800-352-5267
www.arbitration-for?_m.ord mmiadr.org
,
y
coney you promised to pay. If you fail to keep your promises.about required insurance; we
iay advance money to obtain insurance to cover loss or damage to the Vehicle: We have the You may obtain the arbitration rules b contacting the above administrators There shall, be,
one arbitrator acceptable to ft parties. The arbitrator shag be independeht and unrelated t6
ioice of whether or not to advance any money for these purposes. Such insurance willr be
mited to an amount not greater than you owe qa ,this Contract, THE INSURANCE WE you or us. If you are an individual using the Vehicle' primarily for personal, family or
household use, we agree that we will pay the first $100 in'fihirrg and administrativefiees if you
URCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE
4AN INSURANCE YOU COULD PURCHASE YOURSELF wish to initiate arbitration.
c. Any demand for arbitration must be made within the applicable time limit which would
.
e will add any money we advance on your behalf to the balance on which we' fiftose'
nance Charges at the Annual Percentage Rate of this Contract You a
t apply if the claim or dispute were brou?ght.in coup,
d. YOU'ANI7 WE ARE dOLUNTARILY AND k*WINGLY GIVING UP RIGHTS TO RESOLVE
gree
o repay the
oney advanced as we alone may specify: (r) fmmediateiyon demand; or (ii) along with your
onthly payments. If we choose to allow you to repay the money advanced alon
with
r CERTAIN CLAIMS IN COURT AND HAVE A JUDGE OR JURY DECIDE THE CASE YOU ARE ALSO
: GIVING UP RIGHTS TO PARTICIPATE tN A CLASS ACTION; EITHER tN COURT OR IN
ARBITRATI
g
you
onthly payments, we can choose the amount of these payments and how long y have to
!pay. If any of our rights stated in this paragraph are not permitted by law
we stl ha
e the ON.
e. Even 9 you or we start a claim or dispute in court, the other can have it moved to
arbit
ti
,
v
:her rights mentioned. Our payments on your behalf will not cure your failure to perform
)ur promises in this Contract ra
on:
23. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To
3 nrrAmT. 1., 4&.:....,,-..,,4 av.,..n _ H n...._. n_ a.._....,_a r., n..._.. help the government fight the funding of terrorism and money laundering activities, Federal
Ism ranidrPC All nnaNHir inefitAnnt in nhtsin varih and rapnref infnrmatinn that iriantifiaa
EXHIBIT A
ADDMONAL TER
1. SECURITY AdKIMENT: To?secure the Palpnent of all sums due and the performance of
a {{ red obligations under this Contr aia you give a security interest in the Vehicle, in all
parts Mihlaaewns"} attached tD the Vehicle ataxy later_Ill ,and in any proceeds of
the Ve hic e, 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 to the future be deposited with
Assignee ?'
Assignee may do this without any prior notice to you.
2. HOW THE TOTAL OF PAYMENTS IS C011PUTED: The Total of Payments is the sum of the
Amount Financed and the Finance, Charge. The Finance Charge consists solely of interest the shown on h
dail on he e front side hates been cobalance mputedf on the Amount Fine assumption that we will receive alt
3ayments on heir scheduled due dates. .
3. COMPUTING 111TEREST: We will charge interest on a daily basis on the outstanding
aalance subject to interest on each day of the loan term, including any period for which a late
,harp is also imposed. The daily interest rate is equal1m the Annual Percentage Rate divided
)y the number of days in that calendar year. Buyer agrees that because merest is calculated
pn a daily basis, late payments wilt result in additional interest (and, if applicable; a late
:harge). Early payments will result in less interest be tigchaW. 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
Jays after ds 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
ate charge wit be due when earned. No date charge will be due if the reason that the,
payment is late: is because, after default, the entire outstanding balance on this Contract is
lue. No late sbarg ip be due if tlhe-e* remn-O t the: payment is late is because of &4ate
;harge assessed on anaarlier payment
5. APPLICATION OF PAYMENT. yqe will apply payments in the following' order of priority:
irst to interest and then to late chargrm, fees, principal and any other amounts you owe in
he order that we choose:
6. PREPAYItENT: YoU may prepay, in >utl or in part the amauM owed on this Cntract at any
vritlriput ? . If you prepay the Contract in part, you agree m coit?iua to make
y PeYments uirdif you pay all amourhts due' under this Contract This will
educe the number of payments you will make: .
1. WAIVERS, ,
a' VIfAEA EY A11D We and Assignee waive the right to treat any
'roporty as t repayment this Contract, except for the Vehicle and the other
ecurity s hhttr tUed k this C®nt ed
b. WAIVERS BY BUYER, CO-SIONERA M CO-OWNER: You agree to make all payments on
r before they are due without our having to ask'If you don't, we may enforce our rights
lithout notifying you in advance. You give up any right you may have to require that we
nforce our rift against some other person or property before we enforce our rights against
ou. You agree that we may give up our rights against some other person but not against you;
ou waive due diligence in collection and all defenses based on suretyship and impairment of
oNateral or security.
K INTEREST AFTER MATURIYY'AND JUDGMENT; Interest at -therate provided in this
ontract shall continue to accrue on the unpaid'balance until paid in full, even after maturity
nd/orafter we ggi t a judgment against you for the amounts due. This win apply even if the
haturity occurs because of acceleration. If at any time interest as provided for in this
aragraph is not permitted by law, interest shall accrue at the highest rafe allowed by
pplicable law beginning it that time.
). YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will. not permit anyone other
ian us to, obtain a security interest or other rights in the Vehicle. You.will pay all fling fees
MS AND CONDITIONS
C. You do not keep any promise you made in another Contract, Note, Loan or AgreeFFT
with Seller or Assigneuc or
d. You made any untrue statement in the credit application for this Contract; or ..
e. You committed any forgery in connection with this Contractor
f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a couft
with jurisdiction to do so to be incapacitated; or 4
g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or
insolvency proceedings againstyou; or .
h. You take the Vehicle outside the United States or Canada without our written consent; or
i. You use the Vehicle or allow someone else to use it in a way 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
authori.or
k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not
fixed or found within a reasonable time; or
1. Smother creditor tries to take the Vehicle or your money on deposit with Assignee by
lepl p?!,
14 O >O' IF YOU AK Hr• DtFAULT OP lifts CONTRACT: If you are in Default of this`
Contrail, we may enforce our rights, according to law. VVd may also do the things spechficall
mentioned in this "Contract We may do one of these things and- at the same time or later Ao"
another, Some of the h' we may do are the following:
a. AMELERATiON 4Ve 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 p erotnbib b (by
this our*l m4l tN"-9'4UHfte Persrarde tit fermi orbove a fl
do it for us. You agree that we can peaceably come on to your property to do this. We may
take any ether thingi I in IN V w1l'ilitift t things to you if-you ask It you
want these things back, you may, reclaim them-within thirty, (30) days of our mating you a
Notice of Repossesision, ff you do not reclaim the things fount in the Vehicle within that time,
we may dispose 01 - 6se things in the same manner as the Motor Vehicle You agree that we.
may use your license plates in repossessing he Vehicle and taking it to a place for storage.
c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle, at a reasonably
conventedp6 a3: Ybu agreil to give us theVhehi Je # we a&,
within
d. 01 it, WFII HENCE :tWe can delarenforcing our.rights under this Contract
ut (ostugy t
15. SOME THIf1GSYOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess
without rising a government official (by replevin):
a. NOTICE: We will send you a Notice of Repossession to your last address we know about
This Notice wilFid, you how fa buy back (redeem) the Vehicle. You wilt NOT have the right to
reinstate the Contract This means you will have to pa"y'tie totaf"balance on the Contract and
other amounts due. You may not get the Vehicle back by paying delinquent installments. This
NoboawiH. n gNher inhrmatioq ciaquired by low...
: 1 have t. Y1 tie right to buy back- (redbern) the Vehicle within 15' days of
the mailing of the Notice and at any later time before we sell tfhi' Vehicle. If you redeem the
Vehicle, we will deliver the. Vehicle to you at a place as provided by law, as soon as is
reasonably possible! but in not, more-thmr ten, (10) business, days of our receipt of the funds
required. .'you do- not redeem, you give up allclahri to the Vehielt
. c. SALE: ff you don't redeem, we wig s, dlhe Vehicle. The money received at sale will. be.
used' to pay costs and exp.an= you owe, and then to pay the amount you owe on the
Contract
d. SURPLUS OW DEFICIENCY: If there is money left, we My it to ttlb Buyer. If theitis
not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what
is stiff owed to ups.' _
. EXHIBIT A
in the state wnere the venicle is permanently garaged. I he insurance policy must provide us
with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On
request, your shall deliver the policy or other evidence of insurance coverage to us. In the
etrent of .the loss or damage to the Vehicle, you will immediately notify us in writing and file a
proof of Iosi 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 refuse to file .a claim or prof 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 respect 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 this power for our benefit and not for your benefit, except as provided in this
Contract and by law.
b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee,
any subsequent assignee, or an authorized employee of any of them ("we") may endorse your
name, acting as your agent, to any check, draft or other instrument we receive in payment of
an insured loss or return of insurance premiums. You agree that you do not have the right to,
and will not, revoke the power you have given us to make your endorsement You agree that
we may exercise this power for our benefit and not for your benefit, except as provided in this
Contract and by law.
c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair'or
replace the Vehicle if, in our opinion, it is economically feasible and you are not then in
default of this Contract Otherwise, we will apply the insurance proceeds to reduce the unpaid
balance due us. After the balance due us is paid, any excess will belong to you.
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, hens 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 insumnee will be
limited to an amount not greater than you owe oa this Contract THE INSURANCE 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 your behalf to the balance on which we 'rfhpose
Finance Charges at the Annual Percentage Rate of this Contract You agree to repay the
money advanced as we alone may specify: ff immediatefy 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 are not permitted by law, we sill 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, Co-Signer and Co-Owner, or any one
of them. You will be in "Defaur" of the Contract if any one or more of the following things
happen:
a. You do not make any payment on or before if is due; or
b. You do not keep any promise you made in this Contractor
F.
.wyu., .v... v. .wu.v.vw w, mu• yu.a ouw. Ewa w u p.u a v. u..r var. u. w.
20. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract
21. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED. OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRA*IY OR UNLESS SELLER
ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FRW TI ATE OF
THIS CONTRACT.
22. ARBITRATION:
a..-You and we agree that either party may elect to arbitrate - and require the other party
to arbitrate - any claim or dispute of whatever nature that arises from or relates in any way to
this Contract If we or you choose arbitration with respect to a claim or dispute, neither you
nor we will then have the right to litigate that claim in court, have.a jury trial on that claim, or
participate in a class action suitor private attorney general action. If you or we choose to
arbitrate a dispute or claim, the party choosing to arbitrate must give the other notice in
writing. The arbitrator shall apply Pennsylvania and federal substantive law, as applicable, but
the arbitrability of all claims or disputes shall be governed by the Federal Arbitration Act, and
not by state arbitration statutes. Any judgment upon the award rendered by arbitration may
be entered in any court having jurisdiction. The arbitration will be held in the county where
the Seller is located.
b; The party initiating arbitration shall have the right to select one of the following
arbitration administrators whose rules and procedures shall govern the process.
National Arbitration Forum American Arbitration Association
P.O. Box 50191 335 Madison Avenue, Floor 10
Minneapolis, MN 55405.0191 New York, NY 10017-4605
1-800-474.2371 . 1-800-352-5267
www.arbitra ion-for ,orir wwwiadr.org
You may obtain the arbitration rules by contacting the above administrators. There shall be
one arbitrator Acceptable W the parties The arbitrator shall be independent and unrelated to
you or us. If you are an individual using the Vehicle primarily for personal, family or
household use, we agree that we will pay the first 5100 in filing and administrative fees if you
wish to initiate arbitration.
c. Any demand for arbitration must be made within the applicable time limit which would
apply if the claim or dispute. were brought in court
d. YOU AND WE ARE VOLUNTARILY AND KNOWINGLY GIVINO UP RIGHTS TO RESOLVE
CERTAIN CLAIMS IN COURT AND HAVE A JUDGE OR JURY DECIDE THE CASE YOU ARE ALSO
GIVING UP RIGHTS TO PARTICIPATE IN A CLASS ACTION, EITHER IN COURT OR IN
ARBITRATION.
e, Even if you or we start a claim or dispute in court, the other can have it moved to
arbitration.
23. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To
help the government fight the funding of terrorism and money laundering activities, Federal
law requires all financial institutions to obtain, verify, and record information that identifies
each person who opens an account
What this means for you When you open an account, we will ask for your name, address, date
of birth, and other information that will allow us to identify you. We may also ask to see your
driver's license or other identifying documents
Buyer's Guide Window Sticker. Ifthe 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 farm 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 OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. _
EXHIBIT A
NOTICE OF PROPOSED CREDIT INSURANCE __,. ,., . .
The signer(sf 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 ifso marked on the front of this Contract, and each sucb type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the
ihsurer, covers only the person or perW)t$ a ?e St tprsuch,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 dates tha i nessos W rred and_ will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer
and V#hin 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 wheirdgel?pen thhe? death of the insured, credit life insurance pays the scheduled unpaid part of the Amount Financed. During the disability of
the insured, and subject to any benefit waiting pel- i;i accii en tand.liealth (disability) insurance pays the scheduled monthly payments. Credit life insurance is based on the
eridin`O payment schedule.
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 Contrast, 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 thereip; the Contract is
genuine, the signatures thereon are not forgeries,; arose ftem 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 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 Amourd 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-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 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 no facts which may result in the suspension of said registration under the
Pennsyhrania Motor Vehicle ,FinaL ponsi
I Res bility 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) of ik! to this Contrast and Seller has no knowledge of facts impairing the validity or value of the Contrail If any such warranties or representations should be
breached at any time, Seller shalt repurchase said Contract from Assignee, on demand, and. will pay therefor, in. cash, the.amourt owing thereorr, computed as set forth below; and said
remedy shag be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee mightI%ve at law or in equity against Seller. In the event that Buyer fails or
refuses to make any payment due hereunder on. the assertion, either oral or written, that the Vehicle is detective, 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 terns 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, Seller will attempt to
place comparable covgrege. with sotherinsurance company on behalf of the Buyer. If Seller is unable to do so, Seger will notify Buyer and pay to Buyer any additional costs incurred by
the Buyer in obtaining r?lacemerd uu;urance for the unexpired period of the original insurance policy: By signing and dating the Cor?act, 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
AssignmeW 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 ;;oiler`s signature. Assignee may exercise the power Siven in this paragraph for the benefit of the Assignee and not for the benefit of the Seller. Seller does not have the right to
arutagrees n6'tiirevokethe"power given inthis paragrapb '
In the event that Seller is required by this Assignment to repurchase the Contract and/or Vehicle„Seger shalt 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 ail oosis and expenses pat r incurred by Assignee in respect thereto, includingre*nable attorn4s' fees, in
connection with claims by or against any Buyer, Owner or persons in possession of -the Vehicle and/or b or against Seller, {•
For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and, assigns;, the wii;bin Wtract, all-nioneys due and to become due thereundeF,.and all
right, title and intere# in and to the Vehicle therein described, with full power in the Assignee in its or Seller's name to take such logal or other action which Seller might have taken save
for this Assignment 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 PpAarrnmpb titled "Assignment" be without recourse.
O WITH FULURECOURSE-Seger agrees that, in addition to the paragraph above titled "Assignment," in the Event of Default by Buyer in the full payment on the due date thereof of any
installment 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:
O 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 fora repurchase price, in cash, computed as set forth above:
By signing below, we agree to the terms of the Assignment
Seger
n?urnuairromouo?ci?onrc,r-? noim?
By
Date
EXHIBIT A
• ,r
.
STATE OF RHODE ISLAND
SS
COUNTY OF BRISTOL
AFFIDAVIT
being duly sworn according to law,
deposes and says that he/she is
for Sovereign Bank, and that he/she is duly authorized to make
this Affidavit on behalf of Sovereign Bank, and that the facts
contained in the attached pleading are true and correct to the best
of his/her information, knowledge and belief.
Sworn to and subscribed
before me this -544" day
of G&h- - , 20 (09
3= #'wK I If v1
Notary-public _f TAMESHEA D. MLLIAMS
MY COMMISSION EXPIRES
January 15, 2013
OF THE PR,-)T-J0,Nj'L)T P,%f
2099 JUL - ! f'j 1: G
r?
C! d?G ?Ljrr i s?r'?
*'78 , 5o Pty ATW
cam- ?qa 85
?h458
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
?0?j??tr of Litirtbrrt???
{ i..<
OFFICE 'hF " RIFF
I4 I'•i,- .
i RY
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Sovereign Bank
vs.
Barbara A. Black
Case Number
2009-4403
SHERIFF'S RETURN OF SERVICE
07/11/2009 08:20 AM - Timothy Reitz, Corporal, who being duly sworn according to law, states that on July 11, 2009
at 0820 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Barbara A. Black, by making known unto herself personally, defendant at 104 Wyncote
Court Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time
handing to her personally the said true and correct copy of the same.
07/16/2009 09:35 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Jul}
16, 2009 at 2135 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: David J. Black, by making known unto himself personally, defendant at 102 N.
Middlesex Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $62.44
July 17, 2009
SO ANSWERS,
u?? 100? ff
R THOMAS KLINE, SHERIFF
-A 'LC
Deputy Sheriff
06rporai
,pRtG1?P`?'
QQ I GIt
4PU
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN WVANIA
CIVIL DIVISION
SOVEREIGN BANK
vs.
NUMBER: 09-4403 CIVIL TERM
BARBARA A BLACK and DAVID J BLACK
PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of Plaintiff and against the Defendant(s) Barbara A Black and
David J Black for failure to answer Plaintiffs Complaint, endorsed with twenty (20) day notice to plead,
served upon Defendant(s) on July 11, 2009 and July 16, 2009 and assess damages as follows:
Unpaid Balance $9,046.62
Plus Interest 1,466.16
Additional Charges .00
Plus Attorney's Fees .00
Less Credits, if any .00
TOTAL DUE $10,512.78
Pursuant to PaR.C.P. 237. 1, I hereby certify that notice to file this Praecipe was mailed to the above
named Defendant(s) and the Attorney of Record (if applicable) on August 12, 2009
and copy/copies of same is/are attached hereto
ARTHUR LASHIN, E QUIRE #23425
Attorney For Plaintiff
HAYT, HAYT & LANDAU, LLC
400 Market Street
6th Floor
Philadelphia, Pennsylvania 19106
(215) 928-1400
COURT OF COMMON PLEAS
AFFIDAVIT OF NON-MILITARY SERVICE
SOVEREIGN BANK STATE OF PENNSYLVANIA
Vs. SS
BARBARA A BLACK COUNTY OF PHILADELPHIA
Arthur Lashin, being duly sworn according to Law, deposes and says that he represents the Plaintiff
in the above entitled case; that he is authorized to make this Affidavit on behalf of the Plaintiff; and that the
above named Defendant(s) is (are) 18 + years of age; the address of Defendant(s) is 109 Wyncote Court
Mechanicsburg, Pennsylvania 17055
Occupation of Defendant(s) is unknown; and the
Defendant(s) is (are) not in the Military Service of the United States, nor any State of Territory thereof or its
Allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and amendments thereto.
131 Lk Prothonotary 4W up?
Sworn to and subscribed before
me this 24th day of August
20 09 A.D.,
Notary Public
My commission expires:
Q?-
LCOMAMOWNEALTH OF PENNSYLVANIA
Notarial S Notary Public
ad Deana Outer, hia 2W County `
t Philadelphia, Piladelp Tres June 27, O
Commission Exp
, Pennsylva nia Association o1 {rotaries
Member
Arthur Lashin, Esquire, #23425
Attorney for Plaintiff
COURT OF COMMON PLEAS
AFFIDAVIT OF NON-MILITARY SERVICE
SOVEREIGN BANK STATE OF PENNSYLVANIA
Vs. SS
DAVID J BLACK COUNTY OF PHILADELPHIA
Arthur Lashin, being duly sworn according to Law, deposes and says that he represents the Plaintiff
in the above entitled case; that he is authorized to make this Affidavit on behalf of the Plaintiff; and that the
above named Defendant(s) is (are) 18 + years of age; the address of Defendant(s) is 102 N Middlesex Road
Mechanicsburg, Pennsylvania 17055
Occupation of Defendant(s) is unknown; and the
Defendant(s) is (are) not in the Military Service of the United States, nor any State of Territory thereof or its
Allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and amendments thereto.
Prothonotary Sworn to and subscribed before
me this 24th day of August
20 09 A.D.,
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
ion expires: Shari Deana Outer, Notary Public
City Of Philadelphia, Philadelphia County
My Commission Expires June 27, 2010
Member, Pennsylvania Association of Notaries
Arthur Lashin, Esquire, #23425
Attorney for Plaintiff
HAYT, HAYT & LANDAU, LLC
By: Arthur Lashin, Esquire
Identification No. 23425
400 Market Street
Suite 600
Philadelphia, PA 19106-2513
(928-1400
Attorney for Plaintiff
DATE:. AUGUST 12, 2009
CUMBERLAND COUNTY
SOVEREIGN BANK
1 SOVEREIGN WAY RI 1-EPV-01-67
EAST PROVIDENCE, RI 02195
VS.
BARBARA A BLACK
109 WYNCOTE CT
MECHANICSBURG PA 17055
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 09-4403
NOTICE OF INTENTION TO TAKE DEFAULT
PURSUANT TO PA.R.C.P 237.1
TERM.
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 proper or other important rights.
You should take this paper to your lawyer at once, if you do
not have a lawyer, go to or telephone the office set forth below.
This office can provide you with information about hiring a lawyer.
If you cannot afford to hire a lawyer, this office may be able
to provide you with information about agencies that may offer
legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA, 17013
717-249-3166
By: Z' i
ARTHUR LASHIN
HAYT, HAYT & LANDAU, LLC
By: Arthur Lashin, Esquire
Identification No. 23425
400 Market Street
Suite 600
Philadelphia, PA 19106-2513
(215) 928-1400
Attorney for Plaintiff
DATE : AUGUST 12, 2009
CUMBERLAND COUNTY
SOVEREIGN BANK
1 SOVEREIGN WAY RI 1-EPV-01-67
EAST PROVIDENCE, RI 02195
VS.
DAVID J BLACK
102 N MIDDLESEX RD
MECHANICSBURG PA 17055
COURT Of COMMON PLEAS
CIVIL DIVISION
No. 09-4403
NOTICE OF INTENTION TO TM(E DEFAULT
PURSUANT TO PA.R.C.P 237.1
TERM.
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 proper or other important rights.
You should take this paper to your lawyer at once, if you do
not have a lawyer, go to or telephone the office set forth below.
This office can provide you with information about hiring a lawyer.
If you cannot afford to hire a lawyer, this office may be able
to provide you with information about agencies that may offer
legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY
2 LIBERTY AVENUE
CARLISLE PA, 17013
717-249-3166
BAR ASSOCIATION
By:
flL.F..i."-i,.i" l.i
OF THE. i
2009 A,i,)8 28 Ph 8. 02
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