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HomeMy WebLinkAbout09-509720081522 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY:BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO Box 806 West Caldwell, NJ 07007 973-439-0077 Counsel for Plaintiff VNB LOAN SERVICES, INC. 747 Chestnut Ridge Road S Chestnut Ridge, NY 10977 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY Amber Conners I A Umberto Street New Cumberland PA 17070 DOCKET NO.. cp - 50q'1 ?ivilT?rw? NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw, P.C. BY:BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO Box 806 West Caldwell, NJ 07007 973-439-0077 Counsel for Plaintiff VNB LOAN SERVICES, INC. 747 Chestnut Ridge Road S Chestnut Ridge, NY 10977 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Amber Conners DOCKET NO.: 0 0 ?J 7 c JY1 A Umberto Street fr New Cumberland PA 17070 COMPLAINT IN CIVIL ACTION 1. Plaintiff, VNB LOAN SERVICES, INC., is a business entity authorized to conduct business in the Commonwealth of Pennsylvania with its principal place of business at the above captioned address. 2. Defendant, Amber Conners is an adult individual residing at the address above captioned. 3. Plaintiff and Defendant entered into a retail installment sales contract for defendant's purchase of a motor vehicle in which plaintiff is named as an assignee of interest and which required Defendant to make monthly payments to defendant. 4. Defendant defaulted on the terms of the agreement by failing to tender monthly payments as required. 5. After allowing for all offsets and credits, a balance as of July 14, 2009 remains on the subject account having account number 974012491 in the amount of $15,601.22 plus interest accruing at the rate of 9.99% from July 29, 2008 in the amount of $1,494.51 for a total current amount due of $17,095.73. 6. Attached hereto and incorporated herein by reference as Exhibit "A" is a copy of the retail installment sales contract and deficiency balance documentation. 7. Despite repeated demand Defendant has refused, and still refuses to tender payment on this outstanding obligation. 8. Defendant's last payment on account was made on June 4, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $17,095.73 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. 40SE BY BAR RY ESQUIRE Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PAAUTO VNB LOAN SERVICES 20081522 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides fro certain penalties for making false statements. By: Print ame: SAenn ?v Grmt?irL Title: rr ?• d?..1' EXHIBIT "A" PENNSYtVANM MOTOR VEHICLE INSTALLMENT SALE CONTRACT, ANNUAL FINANCE PERCENTAGE RATE CHARGE The cost of your credit as The dollar amount the a yearly rate. credit will cost you. %I $ V.- D. -# Gi.eA„le will M• Dated 1AR1 Amount Financed The amount of credit provided to you or on your behalf. Total of Payments The amount you will have paid after you have made all scheduled payments. s No. of Payments Amount of Payments When Payments Are Due 4 1 = 394-86 Monthly, beginning 02111107 1 $ N 1A Total'Sale Price The total cost of your purchase on credit, including your downpayment of I a Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: If you pay off early, you will not have to pay a penalty. Filing Fees: $ S 00 Late Charge: 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 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate IF YOU DO NOT MEET YOUR CONTRACT In this ContractlARR ISBURG HYUNDAI I NC OBLIGATIONS, YOU MAY LOSE THE MOTOR we are VEHICLE AND PROPERTY THAT YOU the SELLER. 4220 CHAMBERS HILL RD HARRISBURG, PA 17111 BOUGHT WITH THIS CONTRACT, ANO/OR Name Address Zip Code MONEYAN,UEPOSIT WITH THE ASSIGNEE. County - 859617 This Contract is between Seller and Buyer. All disclosures have been made by Seller. Seller You are AMBER CONNORS intends to assign this Contract to the Assignee. the BUYER(S). 811 VALLEY ST ENOLA PA 17025 zip Cade(s) ltemizdtion of Amount Financed Name(s) Address(es) P,;"tip, ,,,,,;,,,,1 -i- County CUMBERLAND If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this ContracL TRADE-IN: You have traded in the'following vehicle: 200 KIA Year and Ma f escnption It a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that arty'trade-iri is free from' Ken, claim, encumbrance or security interest, except as shown in the "Itemization of Amount Financed" as the 'Lien Payoff.' PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. in this Contract, you are promising to insure the Vehicle and keep it insured. DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION Of THE CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, a,nd sign the separate disclosure and agreemept page, which is part of this Contract This agreement will apply during the entire term of the Contract This agreement may not cover vbur enfire'indebtedness: see the MAXIMUM' PROTECTION amount stated in the separate disclosure and agreement Type of Debt Cancellation Agreement Charge Signature Guaranteed auto protection {GAP) $ N/A By signing, you select guaranteed auto protection Signature of Buyer SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREUI I. I ne service contract or warranty agreement will not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance. By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is your which costs $ age? Years Health Insurance, which costs t age? Years Signature of Buyer to be insured for Single Credit Life lnsufance By signing, you both select Joint What are Credit Life Insurance, which costs $ your ages? 2 Signature of Buyer to be insured for Single Credit Accident & Health Insurance By signing, you both select Joint Credit What are Percentage Accident & Health Insurance, which costs; your ages? to be insured 1 % 2. amount of i N r!1 ' paid to &salestaxofS -67 '-cam Cash Price $ 1ACAC C7 Cash Downpayment Trade-in - ,,,, - - Valueof Trade-In 11700.00 . Lien Payoff to: - N/A Unniid Cash' Price Rafak C nn Document Preparation Fee S Paid to Others on our $e alt To Public Officials for. License, Tags and Registration Lien Fee - Taxes Not Included in Cash tic $ $ NIA To $ N/A For Messenger Service To $ N/A To Credit Insurance Company % $ N/A Li wnvc?e"VUr All fe Insura , Credit Signatures of both Buyers to be insured for Joint Credit Accident& Health Insurance I r". 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 2006HYUNDAI ELANTRA _ A.T._ p.S; AM-FM Stereo KMHDN46D86U301827 ASSIGNEE: We may assign this Contract and Secur$ `'iiiyi top y Agreement to a sales finance company which is the "Assignee." If the Assignee assigns the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment all rights and benefits of the Seller in this Contract and in.the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notif and if Seller makes an assignment be y you when VALLEY NATIONAL !BANK, 1445 Valley Road, "Wayne, NJ 07470 CO-SIGNER: Any person signing the Co-Signer's Agreement WlbW.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 bean Owner of the Vehicle. 1 CO-OWNER: Any person signing the CD-Owner's Security Agreement below gives 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 parts of this Contract except the "Promise to Pay" section. TERMS: The terms shown in the boxes above are part of this Contract ql?lore s .1wruance WI[n me Yaytnerit Schedule. You promise tD make..payinents on or before fere the amdate of e day oft each tmonth as . . . udW, !w agree to pay all other reasonable attorneys' tees if Seller or Assignee hires an anon ey to collectam ons dueuunder thisContract onto protector get possession a the Vehicle. You agree to make a send payments to the address Seller o which.the Assignee most rttorne specifies in the written notice to you. ? Contract You agree o pay the Seller or Assignee costs o/suit You also agree to pay The Annual Percents e R t p Yments at the place of to The Seller may ass gn this contra t and retawnRit?right to l receive a part of the Finance Charge. By signing below, we agree to sell the Vehicle to you under the terms of this Contract. SELLER HARR By. --- 12128P ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to Buyer. Terms and :Conditions: Before signing this Contract, be sure you receive and read the following, if marked X, which are additional pages to and part of this Contract. ® This Contract continues on the reverse side. 0 Debt Cancellation (guaranteed auto protection) separate disclosure and agreement 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 PROTE T YO R LEGAL GHTS. BUYER (SEAL) " Da e IM 10' CO-SIGNER: YOU sHOU[ Date , (SEAL) SIGNING THE CO-SIGN g 'AREAE bate GRE T OT[CE TO CO-SIGNER, WHICH HAS BEEN LIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE agree ments in this Contractyo Yo 5 AGREEMENT. g' -SIGNERS AGREEM ' You , the person (or persons t nin below as ,Co-Signer," promise to pay to us al! sums due on this Contract and to per to U intend to be legally bound by a&the erms of this Contract, separately and together, with the Buyer. You are making this preraise mise induce us make this Contract with the Buyer ,ror th even . exercoughised we ourwill useity made any pr Prior demand for 0 rtheinterestproceedsou Yonlyalsofor the Buyer's benefit. t payment on the Buye You agree to pay even though we may not have secu. acknowledge receiving a completed co py of this Contract. Co-Signet's Signature SEAL Add ress i Co-Signer's Signature (SEAL) Date ?O OWNERS SECURITI'•AGREEMENT; You, the Address person signing below as "Co-Owner," 'together with the Buyer or otherwise being all of the Owner-, live us a security,idterest in -the vehicle identified above. You agree to be bound by the ternis Oftho Security Agreement and all other parts of this ContraDatethc Vehicle 'Promise To Pay" Mcdon. You aregiving us the security' interest to induce us to matte this Contract with the Buyer, and to secure the payment by the Buyer of all sums due ct exce t the in this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. p 'o-Owner's Signature SEAL 3UYER, CO-SIGNER AND CO":OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A. COMPLETED COP ;ONTRACT AT THE TIME OF SIGNING, Da`42 $/os INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE E TON jLE"A1 ADDITIO AL DISCLOSURES, TERM AND CONDITIONS. SECTION UYER BUYER ANCONSUMERfORM PA 12300-SLC (21041 NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION. ORIGINAL - While • DEALER COPY • CGnery , BORROWER'S/CO SIGNER'S COPY - Pink • Copy. Goldenrod CO-SIGNER OR CO.OwNER 0 2004 BANCONSUMER SERVICE, INC. as yourageht, with respect to the insured clalm. 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 provided in this Contract and by law. as •b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, and any will subsequent assignee, or an authorized employee of any it them I"we name, acting as your agent n any cek, draft of other in strumentW,e rec )X epay endor dorse your a you; an insured loss revoke of insuran h ce p c reihiums. You agree that you do not hate 0the -y6e t to, not revoke the power you have given us t0 make yqur en You do not h You agree that CO o may exercise by exercise tawthis power for our 6enefrt and not for your benefit, except as provided in the , C. USE OF We Tal insurance replace t he Veh? EED o r opinion,piittl saeconom c Ily Bas ale and you aeive re not then on default of this Contra e if, in ct Otherwise, we will apply the insurance proceeds to reduce the unpaid- balance due us. After the balance due us is paid; any excess will belon to 2. The amount of costs are actual, necessary and reasonable, and 3. We can prove the costs were paid. I6. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall be enforceable against your heirs and personal representatives of your estate. 17. GOVERNING GW: This Contract is to be interpreted according-to•the law of Pennsylvania. 18. SEiIERABItITi' OF P11601sloms: If for any reason'any'part ofthiS Contract shall become illegal, void or unenforceable, that part shall not be a part of thrsContract 19. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract 20. 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 WARRANTY OR UNLESS SEVER ENTERS INTO A SERVICE CONTRACT B YOU. THIS CONTRACT, WITH BUYER WITHIN 96 DAYS FROM THE DATE OF Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Wind Trade Commission Used Car Trade Regulation Rule, the following notice applies: ow The information you see on the window form for this Vehicle is part of this Contract: Information on the wlindrw f. orm by the Federal contrary provisions in the contract of sale. NOTICE-+.ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT` IS SUBJECT TO ALL CLAIMS AND DEFENSE ow form overrides any ASSERT AGAINST THE SELLER OF GOODS OR SERVICES "OBFAWED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTORSHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. S WHICH "THE DEBTOR COULD NOTICE Of PROPOSED CREDIT INSURANCE The signer(s) of this Contract herebytae(sJ notice that Group Credit Life insurance coverage or Group Credit Accident and Disability Contract if so marked on the fli of this contract and each such type bf coverage will be written by-the insurance company named. This insurance sub insurer, covers only the person or persons signing the request for such .insun Fxr the amount of charge is indicated fd sability Insurance coverage will be applicable b this insurance will commence as of the date the lndebtedn , ject to acceptance by the &Sed. The term of air the dH jn?t;cheduled iriafl(r?f? ittate of trtyie ndebtedneSSS?u??f to accept rice by the insurer refund of insurance charges will be made when doe. msurince more fully describing he insurance. Ihthe Brent of prepgyrnerit or the indebtedness, a NOTICES SEE OiHER,SIDE TOR II?PORTANt" INFOR)ItAiION. THE PROVISION BELOW 15 NOT PAR7 OF THE PENNSYLVANIA filOTOR VEHICLE ASSIGNINSTALLMENT SALE'CI)NTRACT BETWEEN THE To induce you, the "Assignee" identified on the face of this Contract or as follows MENT BUYER AND SELLER. to purchase the within Contract, the Seller hereby warrants. and re e n and con(iqques to warrant and represent that: the sale has been m federal, state and'tocal laws. aird'regulalions, including, but not limfied to, Article 7bi the Pennsylvania Uniform commercial Code (I3 P)e C.S:A. and the Vehicle covered thereby'fs absolute, free of all bens, encumbrances and secutity interests, and is subject only is the rights of the Buy eras- oNamet genuine, the signatures thereon are not forgeries; arose from the salt of ' the Vehicle therein described, and all parties thereto are of full age and had ode insErict conformitywith all applicable the Yehicte and exha,equipment is complete and correct; the .cash down er et forth our title to the contract checks, other credit advanced by us to Buyer or rebates or similar t set forth therein; the Contract is payment and/or tradeer allowance were actually received and no part thereof consisted of natese posttrfafed warranties and SWO111,ep 14alrein are trl there is owing thereon they Amount Frdaficed;plus interest at the Annual Percentage Rate of the Conti payments from unto the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all under the Penn9YtVaif, Motor Vehicle Sales Finance Act and have duly compbed with all requirements thereof with respect to the transaction and with the of federal i ing A and with any other federator stateaw, rule or regulation applicable to this Cgnfract a motor vehicle title certificate showing a lien or encumbrance in favor 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 act set forthth therein; said in; registratistrat we are are duly licensed e Pennsylvania Motor Vehicle Financial Responsibility Act; the Buyer(s) named d the within leContract is i knows are on under the signature(s) is (are) affixed to this Contract and Seller has no knowledge of toffs impairing the validity or value of the Contract. tan su Assignee feis has been or will he breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon; computed ai warranties or representations should be remedy shall be cumulative and not exclusive, and shalt not affect any other right or remedy that Assi J personally known to the Seller to be-the, of same identlcaf person(s) whose gnee refuses s a a any. payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not a any any warranty or service agreement of Seller or manufacturer, Seller agrees that on being advised by Assignee t oftsha?e at law or in ch la m of Bu equity against Seller. In, the event that refuses t fails odr and pay Ass?$Ilee for same rmmediarely in accordance With the repurchase terms §ettdrth below, and ` Sellet fiirtSU) ag ties tan olo Buyer, the Buyer b Seller, or that Seller refuses to honor ys'fees, Seller will repurchase the Contract from Assignee , costs and expenses incurred in defending against claims asserted by Buyer and including claims for refund corytyacts to purchase Oro Assignee harmless from any other claims of Bu y er, including adorns Pii insurance on behalf of the Buyer, and that insurance's cancelled by the insurance company prior to its scheduled ex' place comparable coverage with another insurance company on behalf of the Buyer. If Seller is unable to du so; SeUdr will no tify Buy lif payments mad6.rraby Buyer to Assignee. If the Seller the Buyer in obtaining replacement insurance for the unexpired period of the original. insurance pocy. By signing and'dbtingahe Ad Pay to pny additional Seller will attempt to 16 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 4Yer any livers g the costs incurred by Assignment to reflect the true Assignee who purchased the Contract and/or for the purpose of signing Seller's name to this Assignment, without recourse, if the n without the Settees signature. Assignee hrayexercise the power given in this paragraph for the benefit of the Assignee and not forth tract Setter, delivering the Contract n the identification ifati of he Assignee in this and agrees rot to revoke the power given in this paragraph. the Assignment is delivered In the event that Seller is required by this Assignment 10 repurchase the Contract and/or Vehicle, Seller shall pay to Assignee, in cash, the fulthe Seller. l unpaid balalnc does the not have the right to date of repurchase, plus any then earned Finance Charge and any and ail costs and expenses paid or incurred by Assignee in respect thereto, including reasonable connection with claims by or against any Buyef; Owner or persons in a of the Contract as the a possessron,0f the Vehicle and/or by or against Seller. 8 onable attorneys' fees, in and right bile and interest in and. to the Vehicle therein described, w For value received; Seller hereby sells, assigns:and tranersons in the Assignee, its successors or by assigns, the within Contract; all moneys due and to become due thereunder and all s,unto ith full o. ParignmeRL Unless Seller marks either of the endorsements below, Utled "WITH FULL RECOURSE"rorour"WITHnameREPURCtake Ass power T the Assignee in itso legal or other action which we might have paragraph tilled "Assignment,"be without recourse, , taken save for this t HASEsuch," Seller's assignment shall exec o WITH FULL RECOURSE-Seller agrees that, in addition to the paragraph above titled "Assignment," in the event of default by Buyer in the full p1 for the provisions of the installment payable under the Contract or in the prompt performance of any other obligation to be performed' under the Contract by Buyer, Seller will o repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above. Payment on the due date thereof of any QWITHIREPURCHASE .ii ,Seller agrees that in addition to to provisions of the paragraph on demand by Assignee, forthwith repossess'the Yellrt:le, § wit( H the Vehiele'it repossessed b Ass - above.litied enssi th6ut r" in the event of any default by Buyer which shall entitle Assiguee, to htract and the Vehicle from Assignee forrr2pufehase price, in cash, computed as set forth above. by ignee and'de livered to Seller, indd without regard to the then condition Ii Vehicle; forthwith repurchase the By signing below, we agree to the terms of the Assignment. e Seller MKONSUMER FORM PA 1riiiii (2/0 4) By Dal. I. SECURITY AGREEMENT- To secure the payment of all sums due ADDe IONAL GERMS AND O 6HTIONy0U• BREAK all required obligations rider this Contract, you give a security interest in the Vehicle, in all VEHICLE`0R tNSE1RANCE: If' you fail to keep your promises no pay filing fees, taxes, liens and he Vehicle, including insu ance proceeds. Thee Assignee e malate yrset-olf ay i any amounts due proceeds THE SECURITY INTEREST and of m the costs necessary (o kee YOUR 'PROMISES ABOUT , unpaid under this Contract against any of your money on deposit with Assignee. This includes may advance ie Pthe Vehicle goodcondition and repair we mayadvance an, any money which is money you promised to pay. you fail to keep your promises about required insurance, e now may in the future be de money to obtain insurance to cover loss damage to the Vehicle. We have the may do this without any Prior notice to you. posited with Assignee by you, Assignee choice of whether or not to advance any money for these p Limited to an urposes. Such insurance will !ri 2Amount . HOWF HE TOTAL and OF PAYMENTS Finance IS COMPUTED: The Total Charge Pay estss is the u at the amount not greater than you owe on this Contract. THE rNSURANCE Wf computed daily on the outstanding balance h the Amount Financed. ts, sole ly of irr ance Charge We RN IN YOU C ULI) PURCHASE MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE terest shown computed the front side has been computed on the assumptie on sthat we will receive all F We will add any any at he wee PURCHASE YOURSELF. payments on their scheduled due dates. money advance on your behalf to the balance on which we impose on nance Charges Annual 3. COMPUTING INTEREST- We will charge interest on a daily basis on the outstanding. y payments If we choose tvallow balance subject to interest T- each day of the loan term, including any period for which n late mo money advanced as ne nthly payments wee achoose y speccentage ify ou Rm*repay ly an dey ad an B) al ng withyyoui charge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided repay .ri & If any of our rights stated in this you to repay the money advanced along with yom by the number of days in that calendar year. Buyer agrees that because interest is calculated otherghts mentioned. cOur paymeenthe amount of ts on your e,haif will not Payments and and by lawhow, Ion we still have the on a daily basis, late payments will result in additional interest (and, it applicable, a late your promises in this Contract. Para ragfr are not per g you have ti charge). Early payments will result in less interest being charged. Early and/or late a merits will not cure your failure to perforrr will cause 'the ail amount of the final payment n change. P Y 13. DEFAULT: in this paragraph "You" means the Buyer, Co-Signer and Co-Own 4. LATE CHARGE: Buyer agrees to pay a late charge. foY an °f them. You will be in "Default' of the Contract if any one or more of the following thing; -days after its due date.•The fate charge will be 296 Y Payment not made within 10 happen: er, or any one payment We du consider any part charge will be 2 excess moth on the of 0 days to beaid amounmonth. t of the a. You do not make an will of a late charge will be due when earned. No late charge will be due it the reason that the b' You do not keep any payment on or before it is due; c payment is late is beEauswhene default, the entire outstanding balance the this Contract is with Seller p any prromise You made this he rContr due. No late charge will be due if the only reason that the payment is late is because of a late c. You do not keep any promise you made in another Contract, Note, Loan or Agreement or Assignee or charge assessed on a earlier payment. d. You made any untrue statemehtin the credit application for this t or 5. APPLICATION Of PAYMENTS: We will a l _ e• You committed any forge to interest and thrln to late charges, tees prpncipaf and any other amountsryoupowe m forgery 1°v with- thlslanhon or I. You die, ate Convicted a crime ime in invaiolvin ing fraud or dis first honesty, or are found by a court the order th,H,we•choose• with jurisdiction to do so to be incapacitated; or 6 PREPAYMENtrYouma g• You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or time wlttropt penally, If you repay, in full or in part, the amount.owed on this Contract at an insolvency proceedings against you; or y oukhe.Aleid t Penal payments until th part you agree to continue to make regulad Y .prepay the Contract in y h. You take the Vehicle outside, the United States or Canada-wilt out.our written consent or Y pay all amounts due under this Contract This will covered by your insurance; or reduce tfr?'rfdmtkr o<payments hyou t1 Will make. i. You use the Vehicle or allow someone else to use it in a way that causes it not to be 7. WAIVE1t?S' j. You do something that causes the Vehicle to be subject to confiscation by government a. WAIVER Of SELLER AND ASSIGNEE: We and Assignee waive the right to treat any k. The authorities; or Vehicle property as security for the repayment of this Contract, except for the Vehicle and the other repair, and not lost, stolen, destroyed or damaged beyond economical security specifically mentioned in this Contract fixed or found within a reasonable time; or. take b. WAIVERS'BRBUYErt, CO-SIGNER AND CO-OWNER: You agree to make all payments on legal process. or before they are due without our having to ask. If you don't, we may enfotr:e 0i(r'rights lAaOURnRIGHTS 1FIYOUf ARE IN D the Vehicle or your money on deposit with Assignee by without notif ' ? Ytnn$g You in advance. You give up any right you may have to require that we Contract we may enforce our rights according to law. We may also do the enforce our'rigfit3''iigainst some other person or property before we enforce our rights against mentioned in this Contract. DEFAULT OF THIS CONUtACT: it you. are in Default of this You. You agree that we may give up our rights against some other person but not against you. another. Some of the things we may do are: the followin : You waive due diligence in collection and all defenses based . on suretyship and impairment of We may do one of these thongs and at the same time opelaterado collateral or security. a. ACCELEItAT1ON: We can demand that you pay to us the entire unpaid balance owing 8. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate ,in this pa, y to us in one sin le payment immediately oay the this money and all unpaid Finance Charges and other money due. You agree that you will Contract shall contipup to accrue on the unpaid balance-untd paid in full, even after "m"aturity" ! and/or after ?vi i?Ot judgment against you for thi aiodunts'due. This woe I eve'n' if the ;elves lieu a uah !?n receiving out law 1 p, REPOSSESSION; We ca'Persossess the Vehicle?_nfdess prohibited by law. We can do maturity occurs b?aiYse of acceleration. If at any tune interest as provided for in this. this out do it for us. You 4, q• ftw Persons do !E for us or h paragraph ts'not?,.perinitted by law, interest shall accrue at the highest rate allowtjd by any otherthings found m.th , Q0YlM+rernmert official replevin) appli cable raw rrdd g take an agree that we can peaceably come ar o uurproPerty to do this. We may g ftfh at that time. a t(etticle but-well rtu ;t iq rrt PROMISES ABOUT OUR SECURITY INTEREST: You will not want thesethings back you may reclaim them wi in seSti aaasyyts? ° You if you ask ff you than us to obtain a security interest or other rights n the Vehicle. Yau will Notice of Repossession. If you du not re¢iairn thedhmgcfoir d(in }he {tegk within that Time, 9. YOUR You wiR assist us permit anyone other we may dispose of those things in the same manrierasrthe fndtor vehicle: You agree that we ecess"a ob us td obtain and maintaih our security interest in'ttie Yehiclt? in ' n having our security interest noted on the no t?Y all filing fees may use your license plates in repossessing the Vehicle and takingit to a place for storage. or give awajrYhe Vehicle. if someone puts a lieCd o the Vehi ce, t ou will ehicle. You will not sell c VOLUNTARY DELIVERY: We can ask you to give us the V?hiele at a reasonably clear the lien Y pay the obligation.and convemer(# place. You agree to give us the Vehicle it we ask. 10. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in goad condition and d without DELAY n rights ENFORCEMENT: We can delay enforcing our rights under this Contract epair Y ou wi(I pray all r taxes and char 15. s on the Vehicle You will pay all costs of maintaining losing )Ii any rights; the Vehicle You will nqt abuse the Vehicle pee YOU to be ay done all to the f: male which SOME _-jga.g vrnMYOII`enf SHOULD KNOW IF WE tiEPOSSESS THE VEHICLE: If we repossess will reduce its value, other than for normal wear and use. You will not use the Vehicle for lvdhout ges TId age Will $lb re Levin).- illegal purposes or for litre or tease. You will not move the Vehicle from your address shown on a NOTICE: We wilt send you a Notice of Re y e front of this Contract to a new permanent place of garaging Without noti This Notice will tell you how to buy back (redeem) he Vehicle, You will d nce on NOT h the, ve the r g Contract and reinstate the Contract This means you will have to ht to f?w!g u? m other amounts due. You may not get the Vehicle ba k b tfayingdel advan11.ce. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, b. REDEEEM you ON: You have the right it buy back r This theft and collision until all sums due us are paid in full. The insurance coverage must re th sell aying the deli Vehicle. delinquent Noce eU RED the Notice and at he any later t me a by law. before in by paying It j it you within 1 days satisfactory 16 ds acrd prated your interests and our interests at the time of any insured loss. Vehicle, we will deliver the Vehicle to you at a place as as is The insurance must name us as "loss-payee" on the policy. The insurance must be written by reasonably edegm) the Vehicle within 15 days the redeem the an insurahc@ company qualified to do business in Pennsylvania and licensed to sell insurance required. If you do not redeem, you give up all claim to the Vehicle. in the state where the Vehicle is permanent) Possible, but in not more than ten (10) business daysi of °ur? elaw as xcept of the nfunds y garaged. The insurance policy must provide. us c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be nsurance J On with at least en (10) days prior written notice of any cancellation or reduction in coverage. u used to pay costs and expenses. you owe, and then to cover us. let events the-loss or damage to the icy or Vehicle yher ince of ou will immediately notify us in w ite to ing ihd fi eha Contract SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. It there is Vehicle of youltaH or re ulseEtoReOa ca m os proof not enough moneyfrom the safe to pay what you owe, Buyer and Co Sigrtenagree to pay what agree that the teevent f any loss or ompany, you u still owed to us. EXPENSES: You agree Seller, Assignee, any subsequent of assignee, toss or with any thauthorized e insurance employee of any sale e. and E selling the u agree to may pay be the costs allowed of f law. These repossessing, costs storing, -' , repairing, preparing for only be due if: V NB L EXPLANATION oan Services, Inc. OF CALCULATION OF DEFICIENCY A cuh.ci/iat' of Vul/c t Nuliona/ Bunk January 9, 2008 AMBER CONNERS 81 1 VALLEY STREET ENOLA, PA 17025 RE: Account No. 974-012491 Collateral 2006 HYUNDAI ELANTRA Serial No. KMIIDN46D86U301827 Dear AMBER CONKERS The vehicle referenced above was sold on exists on your account because we received less mone12/31/07 and a y at the sale of the vehiclethan you owed to us. We previously notified you about the sale in our letter dated deficiency 15,60E .22 09/13/07 . The breakdown of this balance as of 01/09/08 is as follows: Principal amount of your obligation 22,737.39 WNC CPI Premium(s) 0.00 Accrued Interest 727.74 Total amount of your obligation 23,465.13 LESS Proceeds of Sale OUR OBLIGA ION _____C8,200.00) TOTAL AMOUNT OF Y 1PLUS Expenses - Repossession & Storage 0.00 Motor Vehicle Fees 27.39 Auction Costs 285.00 Late and Other Charges 23.70 LESS Other Credits (Claim Proceeds) Insurance Credits (Warranty) Dealer Refunds 0.00 DEFICIENCY BALANCE DUE -$ 01. 0.00 I522 Future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the deficiency. Under the terms of your contract, you are responsible for the payment of this amount. If you cannot make full payment immediately, we may consider a payment plan of reasonable amounts. Please call Repossession Department at 1-888-647-6470 Ext 5653 to discuss a possible arrangement, and to answer any questions you may have. You may also write to us at the address stated below. If we have already sent you a written explanation of the amount you owe us within the past (6) months we will charge you a $25.00 fee. If we do not hear from you within 15 days, we may assign your account to a collection agency or attorney. This may result in additional finance charges, legal fees and collection costs to you. We are sending this notice to the following other people who have an interest in the vehicle or who owe money unaer your agreement. CC 7047 0710 0000 9137 3344 Certified Mail# 7007 0710 0000 9137 3347 Chestnut Ridge Road, Suile 201 R2 Letter1CStnut R I u ge, Ny 10977-6225 Tel: (845) 426-6100 V'ax: (945) 426-6185 - Customer Service Fax: (945) 426-61 16 - Collections Trill Vice - 1 (898) 647-6470 VNB LOAN SERVICES 20081522 Amber Conners 974012491 AFFIDAVIT 1' TQ e ?'^«' ?'rM?QI being duly sworn according to law, depose and say that: 1• I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiffs files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 974012491 in the amount of $15,601.22; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to tJ(me of my knowledge, information and belief. of AJant) Sworn to and Subscribed A before me this,29 day of , 2008 x No ry Public Dorothy L. Mc Eroy NOTARY PUBLIC, SbAs of New York No. OW 015175348 QuriNed in Rod"nd County Cwr*wion Expires Oct. 9, 2011 0 FILED-OFFICE v 2009 JUL 21 P'l i ? 3 tlLP 4 *78.50 PO A`C`TY CIL# $(v8 ?- aaS 4UU 20081522 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 I IIN II II II IIIII I N111N 1Etti ff VNB LOAN SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 09-5097 Civil Term Amber Conners IIIIIIIIIIIIIII IINIIIIIIIIIINIIIINIIIIIIIihlllllll II?INIII IIIIIIIII1IIIINIIIII1I11111Illlllllll PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. J BY: tarry A. Rosen, QUIRE Attorney for Plaintiff fY CERTIFICATION OF SERVICE I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Withdraw Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre- paid, to all other parties or their counsel of record. ?4 /?? Barry A. Rosen SQUIRE /?'/ G Dated: fia)-OfflCE OF THE PROTHONOTARY 2009 SEP -8 PM 2: 28 ZAo"'Y'b?VAN-IA'