HomeMy WebLinkAbout09-509810081632
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
Linda Cassell
3126 Columbia Avenue
Camp Hill PA 17011
DOCKET NO.: Oq - 5098 Civi I Tra+
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
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Linda Cassell DOCKET NO.
3126 Columbia Avenue
Camp Hill PA 17011
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, Linda Cassell 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 plaintiff.
4. Defendant defaulted under 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 16, 2009 remains on the subject account having account
number 974011894 in the amount of $12,389.33 plus interest
accruing at the rate of 13.09% from August 12, 2008 in the
amount of $1,501.80 for a total current amount due of $13,891.13.
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 July 10,
2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$13,891.13 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY: Z?;2?
I X"
BARRY ,X. R SEN SQUIRE
Attorney for aintiff
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 INC
VERIFICATION
10081632
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 3-Qenn„-,, (r?zyt-I?.ti
Title: ?t` e1;4 e n +-
EXHIBIT "A"
'ENNSYLVANIA
ROTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated ?! 1 i fly
" ' G
97
ANN"" ° FINANCE " Amotlnt`Flnanced Total"of Payments Total Sale Price
PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on
The cost.of yourcredit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, including your downpayment
a yearly: rate. credit will cost you. of $ nr
l7 % s $ Q 97 2.74 $ '670?. S4 $ a. [14
Your Payment Schedule will be: S if Y
No of Payments Amount of Payments When PaymentiAre Due
66 $ 404.60 Monthly, beginning, 0,1 /04/07
$ MIA
-. yw ou are giving a security interest in the motor vehicle being
purchased.
Prepayment: If you pay off early, you wi lip to t a penalty.
Filing Fees: $ c, (1( V v
Late Charge:,Jf 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. e means estimate
IF YOU DO NOT MEET YOUR CONTRACT
n this Contracf]ARRI SBIJRQ HYUNDAI I kIC OBLIGATIONS, YOU MAY LOSE THE MOTOR
Ne are VEHICLE AND PROPERTY THAT YOU
he SELLER. 4.220 (•NF`MBFR:. Fi% ' RD IAARRISBtt-Rta; PA BOUGHTWITH THIS CONTRAGT, AND/OR
Name Address Zip Code MONEY ON DEPOSIT WITH THE ASSIGNEE.
County 859 ; "17 This Contract is between Seller and Buyer. All
Fouare I IINDA CASSELL
he BUYER(S). 3126 COLUINBUS AVENUE CAN,P HILL
Name(s) Address
disclosures have been made by Seller. Seller
, 1; r 011 intends to assign this Contract to the Assignee.
P r
..
Zip Ccde(s) Itemization of knotintfinanced
County
CUMBERLAND
amount of $ U A
A • ,
I there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract. 'TM
paid to
TRADE=1N: &sales taxof$ In1q
(ou have traded in
he following vehicle: Cash Price
Year an Mill a Description $
f 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 tows that Cash Downpayment
inytrade-in is'-free from lien, claim, encumbrance or security interest, except as shown in,the "Itemization of Anmount Financed' as the "Lien Payoff:" $
PROPERTY INSURANCE: You may,choose the person_khrorlgh whom insurance is ohta)ned agairtst loss or damage to the Vehicle and against Trade-In
iability arising out of use or ownership of the Vehicle. In this Contract you are promising to insure the Vehicle and keep it insured. Value of Trade In
DEBT-CAflOfLi ATION`'(GUARANTEED'AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE $
CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign, the separate disclosure and Lien Payoff to: 1'1 f rti
rgreement page, which is part of this Contract:This agreement will a'ppty during the enhre term of the Contract This agreement may not cover $
your entire indebtedness, see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement. U d C h P B 1 s ''
:Type of Debt Cancellation Agreement Charge r -Signature -
Guaranteed auto protection (GAP) $
560.00° signi g, you select guarZnlea/utotection
lij6t6i of-Buyer
opal as rice a once
$ :?
Optional Debt Cancellation (GAP)
$
Document Preparation Fee
iERVICE CONTRACT.OR-WARRAN.TY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION , . THE CREDIT. The service contract $ ?,S
)r warranty agreement will notrtie provided unless you. sign the, separate agreement with the third,-Ody=provider; who is not the Seller named Paid to Others on-Yqui
ibove,.and agree to,pay""the additional charge. This section does not app`IY to an ' warran that ` you may receive for which there is not separate
y Y y To Public Officials for.
:ha{ge.
License, Tags and Registratio
:REDIT INSURANCE IS "NOT'REQUIRED:'Credit Life Insurance and Credit'Accident& Health (Disability) Insurance are not required to obtain
:redit, and will not be provided unless you sign below and agree to pay the additional cost(s)' Please read the NOTICE OF PROPOSED CREDIT $
NSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance Lien Fee
iurchased will be for the term of the credit We may receive a financial benefit from your purchase of credit insurance. $
3y signing, you select Single Credit Life Insurance, What is your By signing; you select Single Credit Accident & What is your Taxes Not Included in Cash
Nhich costs $ age? Years Health insurance, which costs $ age? Years $
- To
signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer :to,be insured for Single Credit Accident & Heafth Insurance $
3y signing, you both select Joint What are
.redit Life Insurance, which costs $ your ages?
;ignatures of both Buyers to be insured for Joint Credit
By signing, you Moth select Joint Credit What are Percentage
Accident & Health Insurance, which costs $- your ages? to be
insured
1. %
2 %
Signatures of both Buyers to be insured for Joint
For Messenger Service
To
>J r.
T1
$ it
For
To Credit Insurance Company
,. .. i.icun n??iucm a nwnu m?u?mi?c
VEHICLE: You have agreed to purchase, under the terms ofAhis Contract, the following motor vehicle and its extra equipment, which is called
the "Vehicle" in this Contract.
N/U Year and Make Series Body Style No. Cyl_. Truck Ton Capacity Serial Number
USED, 2(7051d1SS41N 1-TIMA SD III1A?11?551-?85051
Equipped _ A.T. P.S. _ AA Stereo 5 Sod. Other'
with AC. _ P.W. _ AM;6t4 Tape. - Vinyl Top
ASSIGNEE: We may assign this Contract and Security Agreement to a salesfinance company which is the "Assignee." If the Assignee assigns
the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the
Seller in this Contract and in the Security. Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when
and if Seller makes an assignment.
VALLEY NATIONAL BANK, 1445 Valley Road, Wayne, NJ 07470
CO-SIGNER: Any person signing the Co-Signers.Agreementbelow. promises separately"and together with 211.Co-Signer(s)-and Buyer(s), to pay
all sums due and to-,perform all agreements in this ContraftR C.o-Signer will not bean Owner of the Vehicle.
CO-OWNER; Any person signing the Co-Owner's Security Agreement-below gives u5 ,a security interest in the Vehicle and agrees separately ands
togetherwith 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 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
W This Contract continues on the:reverse side. ,
Q Debt Cancellation (guaranteed auto protection) separate disclosure and agreement
TERMS: Thelerms Shown in the boxes above are part of this Contract. We may retain a porltion aframounts;marked'
PRUMISE iOPAY: You agree to pay us tn'e Total Sale J'pcQTpr the Vehicle by making the Cash Down'payment and assigning the Trade-In, if shown above, on or before the date of this ContractI and
paying u"s tfkAmpunt 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 fitst.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 hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place.oi 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:
Disclosures. Before signing this Con I tract-be siire that you receive and read the Disclosure to
The Seller may assign this contract and retain its right to Buyer-
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 11ARR t = Rr irij I-IYIIN{TAI W
BY: 121051,
Date
To r+.r
For IG_"JU
To
$ LILL A L E K ,
IS-00,
For
` `-
To 1 HE ft,
s
For .- N/A
To
$ N/,A
For
To
N 1V r
For
Amount Financed
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
PR CT YQ,Qfi LEGAL RIGHTS.
BUYE >?? (SEAL) 12 1 CIE:
Ua t?-t- r
UYER
(SEAL)
Date
CO-SIGNER: YOU SHOULD READ'THE. NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE
SIGNING:THE CO-SIGNERS AGREEMENT.
CO SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all
promise to
agreementsin this-
his Contract- You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer. You are making this
induce vs to make this Contract'with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though-we may not have
made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract.
(SEAL)
Co-Signer's Signature Address Date
(SEAL)
Co-Signer's Signature Address Date
CO-OWNER'S SECURITY AGREEMENT: You, the person signing below•as "Co-Owner,' ' together with the Buyer or.otherwise being all-of the Owners of the Vehicle,
give Vs--a'security interest in the Vehicle identified above. You agree to-be bound by the terms of the Security Agreement and all other-parts of this Contract except the
"Promise°To Pay" section. You are gMng'usthe"security interest to induce us to make this Contract with the Buyer, and to secure the payment 'by the Buyer of all sums due
his Contract You wilt not be responsible for any deficiency which might be due after repossession and sale of the Vehicle.
_ SEAL
Co-Owner'sStgnature Address Date1"1; jOS/C'
BUYER,XO-SIGNER AND CD OWNER, IF APPL.ICAB,LE; ACKNOWLEDGE RECEIPT OF A.;COMPaETED COPY OF THIS
CONTRACT AT THE TIME OF SIGNING, INCLUDING THE-ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION
CALLED ADDITIONAL DISCLOSURES, TERM AND CONDITIONS.
BU BUYER CO-SIGNER CO-SIGNER OR CO-OWNER
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
BANCONSUMER FORM PA 123DC-SLC (2/04) ORIGINAL - White • DEALER COPY - Canary . BORROWER'S/CO-SIGNER'S COPY - Pink • COPY - Goldenrod 0 2004 BANCONSUMER SERVICE, INC.
ADDITIONAL TERMS AND CONDITIONS
1.-SECURITY AGREEMENT: To secure-the paymentofall -sums?dueand the-i)et#flrmanfeof
ali required obligations; under this Contract
you give a securit
i
t
t
,h
V
h
l 12, OUR RIGH S IF--YOU BREAK YOUR PROMISES ABOUT THE SECURITT-INTEREST
w
d
'
,
y
n
eres
n
g
e
iele, in a
l
parts (called "accessions") attached to the Vehicle at any later time; and in any proceeds of
t
V
hicl
i
l
di
'
' Hil
E
OR 1N$URANCE: If- ou fail to keep
y , your promises to pay fling flees, taxed, liens or
the costs necessary to keep =the Vehicle in good condition and
repair
we ma
adva
he
,
e
e,
nc
u
ng
insurance proceeds. The Assignee may
set oft any amounts due and
unpaid under this Contract against any of your money on depos{t with Assig
Thi
in
l ,
,-
y
nce.any
money you promised to.pay, If you fail to keep your promises about required
insurance; we
`
'
nee.
s
c
udes
any money which is now or may in the-future be deposited with Assignee by you. Assignee
i .
may advan
ce
mdney to;obia h insurance to cover loss or darnage to the Vehicle; We have the
choice of whether or not to advance any money for these pur
oses
S
ch ins
e
i
e
may do th
s without any prior notice to you.
2. HOW THE TOTAL-OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the p
.
u
uranc
w
ll b
limited to an amount not greater than you owe on this, fontract. THE INSURANCE WE
PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE
Amount Financed and the Finance Charge. The Finance Charge copsists solely of interest THAN INSURANCE YOU COULD PURCHASE YOURSELF. {
computed daily on the outstanding balance of the Amount Financed. The Finance Charge
shown on the front side has been computed on the assumption that we,will receive all
a
t
i
h We will add any money we advance on your. behalf to. he balgnce on-which we.impose
Financkharges at the Annual Percentage Rate of this Contract
You a
ree t
p
he
p
ymen
s on the
r sc
eduled due dates.
3. COMPUTING-- INTEREST: We will charge interest on a daily basis on the outstanding .
g
o re
ay t
money advanced as we alone may specify: (i) immediately on demand, or (ii) along with your
monthly payments. If we choose to allow you-to repay the money advanced along with
our
-'balance subject to interest on each day of the loan term, including any period for which a late
'charge is also imposed. 14 daill? infer?est rate is equal to the Annual Percentage Rate divided
x y
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 pars' raph are not permitted b law
we still have'th
by the number of days igthat
CA eagaryear. Buyer agrees that because interest is calculated
on a daily basis, late paymints-will result in additional interest (and, if applicable
a late ,
e
other rights mentioned. Our payments on your behalf will not cure your failure to perform
your promises in-this Contract.
,
charge). Early payments will result in less interest being charged. Early and/or late payments
will cause the'amountbf the final `paymentto change 13. DEFAULT: In this paragraph "You" means the Buyer; Co-Signer and Co-Owner, or any one
.
4. LATE CHARGE Buyer agrees to pay a late charge for any, payment not made within 10 of them. You will be in "Default" of the Contract if anyone or more of -the following things
happen:
days after its-due date. The late charge will be 2% per month on the unpaid amount of the a. You do not make any payment on or before it is due; or
payment- VJe°wiH cor derarty^patt of a month in excess-bf 10 dayt,46tbe *hilf onth
'The b,..;Yoju ;dp wl(-kegp any:prgrnise you,,m
ade
nethjs Contract; or
-
late charge-will-.be due°whewearned. No late charge will be due if the reason that the c- You do not keep any promise you made in another Contract, Note
Loan or Agreement
payment is late, is because, after. defaull, the entire outstanding balance on this Contract is
due. No late charge wdl'be due if the only reason that the payment is late is because of a late ,
with Seller or Assignee; or
d. You made any untrue statement in the credit application for this Contract; or
charge,assessed.on arLeatlieripoyment e- You committed any forgery in connection with this Contract; or
5. APPLICATION OF i'AYf ItNTS: We will apply payments in the following order of priority: I. You die are convicted-of a crime involving fraud or dishonesty, or are found by a court
g
first to interest; and.thgn.to late charges, fees, principal and any other amounts you owe in with jurisdiction to do so to be incapacitated; or
the.order that we choose. g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or
6. PREPAYMENT: You may prepay,=in full or in part, the amount owed on this Contract at any
time without penalty
If you prepay the Contract in part
you agree to conti
t
k insolvency proceedings against you; or
h. You take the Vehicle outside the United States or Canada without our written consent; or
i
Y
.
,
nue
o ma
e
regularly scheduled payments until 'you pay all amounts due under this Contract. This will . -
ou use the-Vehicle or-allow someone else to use it in a way that causes it nbt:to be
covered by yourinsurance; or
reduce the number of paymentsyou will make. j. You do something that causes the Vehicle to be subject to confiscation by government
7. WAIVERS: authorities; or
a: WAIVER-BY SELLER AND ASSIGNEE:-We-and Assignee waive the,right to. treat any k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair
and not
property as security forlhe repaym6nt of this Contract, except for the Vehicle and the other ,
fixed or found within a reasonable time; or.
security specifically mentioned in. this Contract
b. WAiVEiTS 0411YER CO-SIGNER AND CO-OWNER: You agr
e to make
ll I. Another creditor tries to take the Vehicle or your money on deposit with Assignee by
legal process
e
a
payments on
or before they are due without?ourhav'i'g,to ask. If you don't we_rnay enforce-our-rights
without notifying you in advance. You give up any right you may have to require that we
enforc
ri
a
ht
i .
14. OUR RIGHTS. IF_YOU_ARE IN DEFAULT OF THIS CONTRACT; If you are in Defaultof this
Contract, we may enforce our rights according to law. Yhe' may also do the things
ifi
ll
e our
g
s
ga
nsts6,M*,othej,person-or property beforewe enformour rights-against
you. You agree that we may give up our rights against some other
per
o
b
t
n
t
t
i spec
ca
y
mentioned in this Contract. We may do one of these things and at the same time or later do
th
s
n;
,
u
;
o
aga
ns
-you.
You waive due diligence in-collection, and all defenses based.on suretyship and impairment of
collateral or securit ano
er; Some olrthe things we may do are the,foltowir#g:,
a ACC.?LEBATION: We can demand that you pay to us the entire un
paid balance owin
y
.
8. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in
this g
on the Contract and alt unpaid Finance Charges and other money due. You agree tha! you will
pay this money to us in one single payment immediately upon receiving our demand
,
Contract shall continue to accrue on the unpaid balance until paid in full, even after maturity .
b `Rff QS$JCWiQN: We can repossess the Vehicle, unless prohibited by law
W
an do
and/or after we get a judgment ?gajnst you for the amounts due. This will apply even if the
maturity occurs because of acceleration. If at any time interest as' provided for in this .
e c
this ourselves, havea qualified person do it.for us, or havgsa.governrnent ottreiat;(by replevin)
do it for us. You agree, that we can peaceably come en to your property to do this
We
a
paragraph is not permitted by law, interest shall accrue at th'e high'st late allowed by
applicable law beginrju
at that time: - .
m
y
take any. otherlhing? found in the Vehicle; but will returnlhese things to you if-you.ask. lf.you
t
h
e
g
9. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other wan
-i
es
;things back, you may reclaim them within thirty (30) days of our, mailing you a
Notice of Repossession. If you do not reclaim the.things found in the Vehicle within that time,
than us to obtain a security interest or ot6iir rights in the Vehicle. You will pay all-filing fees
necessary for us to obtain and maintain our: security interest !in the'Vehicle:,You will assist us we may dispose of those things in the same manner as the motor vet icle. You agree that we
may use your license plates in-repossessing the Vehicle and taking itt
,
a-place for storage.
n having our security interest noted on the Certi icate of Title to the Vehicle
You will not sell o
c. VOLUNTARY DELIVERY:'We can ask you to give us the Vehicle at a reasonably
.
rr give away the Vehicle- if someoneputs a lien on the Vehicle, you will pay the obligation and
;learthe lien. convenient place: You agree to give us the Vehicle if we ask.
d. DELAY IN ENFORCEMENT: We can delay enforcing our ri
hts under thi
C
t
t
10. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle'in good condition and
epair. You will pay all taxes and charges on the Vehicle: You will pay all costs of maintaining g
s
on
rac
without losing any rights.
15 SOMETHINGS YOU SHOULD i(NOW if WE REPOSSESS THE VEHICLE: If we repossess
he Vehicle. You will not abuse the Vehicle or permit anythingto bebone %the Vehicle which
vill reduce its value other than for normal wear and use. You will not use the Vehicle for without: using a,government official (by replevin):
a NOTfCE We' will send you
Repos-
ehi le
Y
u w
ll
know about
(legal purposes or for hire or lease. You will not move ttie Vehicle from your address shown on the V
.
o
i
T av
uy back
This
Nohce will tehyouu how io-b back (redeem) the Vehicle. You will NOT have the right to
he front of this Contract to a new permanent place. of garaging without riot' •in us in
idvance. B reinstate the Contract This means you.will hate=to aTrithe total balance on the Contract and
other amounts due. You may not get the Vehicle back by paying delin
uent install
t
Thi
1. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire,
heft and collision until all sums due us are paid in full
The insurance
o
g q
men
s.
s
Notice w4l tell.you other information required by law -
b. REDEMPTION: You have the right to buy bade (redeem) the Vehicle within 15 days,of
t
n
N
"
.
c
vera
e must be
atisfactory tows and protect your interests and our interests at the time of any insured loss.
h
i
"
" he maili
g of the
otice and at any later time before we
seit the Vehicle.lf you redeem the
Vehicle,: we wall. deliver the Vehicle to you at a place as provided b
la
i
e
nsurance must name us as
loss-payee
on the policy: The insurance must be written by
n insurance company qualified to do business in Pennsylvania and licensed to sell insurance y
w; as,soon as--
s
reasonably,ossible, but in not more than ten (10) business days of our receipt of the funds
required. If you do not redeem
you give up all claim to the V
hi
l
i the state where the Vehicle is permanently garaged. The insurance policy must provide us
rith at least ten (10) days prior written notice of any'cancellalfu o?freductiori i
er ,
e
c
e.
c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be
'
n Cov
age. On
aquest, you shall deliver the poticy,mr other evidence of insurance -coverage to us. In the used to
pay costs and expenses you owe, and then to pay the amount you owe on the
Contract-
vent of the loss or damage to the-Vehiclei you-will immediatelyrnotifyus in writing andfiile a
roof of loss with the insurer d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is
.
a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the not enough rnoney -from the sale to pay what you owe, Buyer and .Co-Signer agree to pay what
is still owed to us
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 authoritied employee of any
" .
e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for
sale and selling the Vehicle as may be allowed b
law
Thes
t
ill
l
them (
we_) may file a proof of loss with the insurance company, in your name and acting y
.
e cos
s w
on
y be due if:
1. Default exceeds fifteen (15) days at the time of repossession;
and will not, revoke the power you have given us to file a proof of loss. You agree that we may 3. We can prove the costs were paid.
exercise this power for-our benefit and not for your benefit, except as provided in this 16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall
Contract and by law. be enforceable against your heirs and personal representatives of your estate.
b. OUR RIGHT TO ENDORSE INSURANCE CHECKS You agree that the Seller, Assignee, 17.-GOVERNING LAW: This Contract is to be interpreted according to-the law of Pennsylvania.
apy 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 instr"umen't`we receive in payment of 18. SEVERABILITY OF`PROVISIONS: If for any reason any part of"this'Contract shall become
an insured loss or-return of insurance premiums. You agree that you.do not have the right to, illegal, void or unenforceable, that part shall not be a part of this Contract
and will not, revoke the power you have given us to make your endorsement You: agree that 19. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract.
we may exercise'this power for our benefit and not for your benefit, except as provided in this 20. THERE ARE No WARRANTIES BY SELLER, EXPRESSED OR. IMPLIED, INCLUDING THE
Contract andsby law.
c. USE_Qf PROCEEDS:_We may apply any insurance proceeds we receive to repair or WARRANTIES,OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
replace the Vehicle if, in our opinion, it is economically feasible and you are not then in UNLESS WE HAVE GIVEN `YOU "A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER
default of this Contract. Otherwise, we will apply the insurance --proceedsto- reduce the unpaid ENTERS.INTO A SERVICE` CONTRACT WITH 90YER WITHIN 90 DAYS'FIROM THE DATE OF
balance due us. After the balance due us is paid, anyexcess'wilf belong to you. THIS CONTRACT.
Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal
Trade Commission Used Car Trade Regulation Rule, the following notice applies:
The-information you see on the windoW -form=for this -Vehicle is part of this Contract. Information on the window form overrides any
contrary provisions in the contract of sale.
NOTICE 4ANY HOLDER OF THIS CONS0MER tCRED{T CONTRACT IS=SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT-AGAINST THE SELLER OF GOODS OR SERVICES 6bT`AIN'ED `PURSUANT HERETOW WITH THE P.ROCEED& HEREOF. RECOVERY
HEREUNDER BY THE`T)EBTOR' SHALL NOT"EXCEEDAMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE OF PROPOSED CREDIT INSURANCE
Ttfeisigner(sf 4Atys`Contract hereby take(s) notice that Group Credit-Life Insurance coverage or-Group Credit Accident and Disability Insurance coverage will be applicable to this
Contraciif o maLlied:?on the front of this Contract, and each such type of coverage will be written-by the-insurance company named. This 'insurance, subject to acceptance by the
inaurgr covers or ?e erson,or persons signmgytge request for such insurance. The amount of charge is indicated for each type of Credit Insurance to be`pufchased. The teem of
insurance will commence as of the date the indebtedness is Incurred and-Will expire on the onginal'scheduled maturity date of the indebtedness. Subject to acceptahce'by the insurer
and within 30 days, there will be delivered to the imsured'deb'101s) a"certificate of jnsurance more itiily describing the insurance. In the event of prepayment of the indebtedness; a
refund of Insurance charges will be made when due.
NOTICESEE OTHER SIDE FOR IMPORTANT INi ORMATION; , -
THE PROVISION BELOW IS NOT PART.OFTHE PENNSYLVANIA MOTOR VEHId INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER.
ASSIGNMENT' '
To induce you, the "Assignee" identified on the face of this Contract or as follows, - (Name)
to purchase the within Contract, the Seller hereby garrants and represents and, continues to warrant and represent that: the sale has been made in strict conformity with all applicable
federal, state grid local laws and regulatiopL incl?dfng bu( n9A limited to, Airticl`e`2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. §§2101 et seq); our title to the Contract
and the Vehicle covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract is
genuine, the signatures thereon are not forgeries, arose from the saWof the Vehicletherein 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 andlstaternents therein ate true; 4erpisl0wing4hereon theAmpunt Finanged,plus interest atthe AnnuafPercentage:-Rate of the Contract set forth therein; we are duly licensed
under the Pennsy)yania.Motor Vehicle Saies.Flnance A(3-and have-duly complied with;ail requirements thereof with respect to the transaction and with the federal Truth-in-Lending Act
and with any other federal or state law, rule or regulation applicableao IhisLontract; 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
Pennsylvania Motor Vehicle Financial Responsrbtlity Act; the Buyer(s) named in the within Contract is (are) personally known to the Seller to be the same identical person(s) whose
signature(s) is (are) affixed to this Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract." If any such warra ies or representations should be
breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, c"uted as set forth below, and said
remedy shall be cumulative, and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity, against Seller. In the event that Buyer fails or
refuses toanake any. payment due hereunder on the assertion, either oral or written, that the Vehicle isidefective, not es representedto the Buyer by Seller, or that Seller refuses to honor
any warranty. or service agreement of Seller or manufacturer, Selleragrees that, on being advised by Assignee of such claim of Buyer, Seller will repurchase the Contract from Assignee
and -pay, Assignee for;same immediately in accordance with the repurchase terms set to below, and Seller further agrees to hold Assignee harmless from any other claims of Buyer,
in
clud,rlg 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. It the Seller
co'ntraCfs_to pftch?setJ[bpe7ty insurance on behalf :of the,Buye`r, and_tfiat insurance is cancelled by the insurance company prior to its scheduled expiration dale, Seller will attempt to
place corrip Qv rage with another insurance company, on behalf of the Buyer. If Seller is, unable to do so, Seller will notify Buyer and pay to Buyer any add'itionat costs incurred by
the Buyer,in,vbt?Q?ig?replapement insurance torahe; urleApiredperlnd of the original .B y signing and dating .the Contract as Seller, delivering Ihe-Contract o, the
Assignee and .accepting payment for it, Seller.authoriies the Assignee to act as the Seller's agent for the purpose of completing or correcting the identification of the Assignee in this
Assjgnment.to'JefJect the true Assignee w..ho purchased,the,Contract and/or for the purpose of,sigpjr?g Seller's name to this Assignment, without recourse, if the Assignment is delivered
without-th-e e4er's signature. Assignee mayexercise-the power given in this paragraph for the'tie_nefit`of the Assignee and not for the benefit of the Seller. Seller does not have the right to
and agrees not`to jevoke the power given in this paragraph.
In the event that Seller is required by this Assignment to repurchase the Contract and/or Vehicle; Seller shall pay to Assignee, in cash, the full unpaid balance of the Contract as of the
date of repurchase, plus any then,earned finance Charge and any and all costs andexpensespaid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in
connecUDD yvt#)l. 1d1111s by or aggtnst any. .Buyer, Owner or persons in,possession of he Vehicle and/or _by or against Seller.
For value. received, Seller. hereby sells, assigns and transfers unto the Assignee, its successors-and assigns; the within Contract, all moneys due and to become due thereunder, and all
right, title and interestain and to the Vehicle;there4describgd, with full powerrin the Assignee inits or our name to take such legal or other action which we might have taken save for this
Assignmeit Unless Sbller marks. either of thevendorsements: below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the -provisions of the
paragraph titled "Assignment," be without recourse::
O WITH FULL RECOURSE-Seller agrees that, in addition to the paragraph above titled "Assignment" in the event of default by Buyer in the full payment ontPe due date thereot;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.WITRREPURCHPE-Seller agrees that, in addition to the.proy'sions of the paragraph hove.,titled
repossess'the Vehicle; Seller will, 0 the 'Vehicle is repossessed b? Assignee and delive ed=fo Seher'and'wthout re afidthe event of any default by Buyer, whichshall,entitle Assignee to
Y g to the then condition of the Vehicle, forthwith repurchase the
Contract and the Vehidle from Assignee fora repurchase price, `incash, computed, 'as setiortli tiotre.
By signing below, we agree to the terms of the Assignment.
Seller
By
BANCONSUMER FORM PA 123DC-SLC 12/041 - Date
NrNBLoan Services, Inc EXPLANATION OF CALCULATION OF DEFICIENCY
.
4 subsidiary of !'alley National Bank
March 10, 2008
LINDA CASSELL
505 3rd STREET apt# I
ENOLA, PA 17025
RE: Account No. 974-01 1894
Collateral 2005 NISSAN ALTUV A S Serial No. " IN4AL] ID55C285051
Dear LINDA CASSELL
The vehicle referenced above was sold on 02/25/08 and a deficiency balance of S 12,389.33
exists on your account because we received less money at the sale of the vehicle than you owed to us.
We previously notified you about the sale in our letter dated 10/22/08
The breakdown of this balance as of 03/07/08 is as follows:
Principal amount of your obligation 18,229.25
WNC CPI Premium(s) 0.00
Accrued Interest 955.63
Total amount of your obligation $ 19,184.88
LESS Proceeds of Sale (7,300.00)
TOTAL AMOUNT OF YOUR OBLIGATION $ - 11,884.88
PLUS Expenses
Repossession & Storage 582.00
Motor Vehicle Fees 31.33
Auction Costs 280.00
Late and Other Charges 56.63
LESS Other Credits
(Claim Proceeds) Insurance Credits 0.00
(Warranty) Dealer Refunds (445.51)
DEFICIENCY BALANCE DUE 12,389.33
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 unoer your agreement.
CC
7007 0710 0000 9136 2423
Certified Mailtt 7007 0710 0000 9136 4
R2 Letter 4 /Chestnut Ridge Road, Suite 201
Chestnut Ridge, NY 10977- 6225
Tel: (845) 426-6100 Fax: (845) 426-6185 -Customer Service
Fax: (845) 426-6116 - Collections t
Toll Free -1 (888) 647-6470
10081632
VNB LOAN SERVICES INC
Linda Cassell
974011894
AFFIDAVIT
1, 2-4e nw, i (wn2altt- , 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 974011894 in the amount of $12,389.33; 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 th t of my knowledge, information and belief.
(Name of Affiant)
Sworn to and Subscribed
before me 66?3day
of 2008
X.
gotap• Public
Dorothy I_ Mc"
NOTARY PUBLIC, State of New Vbrk
No. 01MC6175348
Qualified In Rockland County
Commission Expires Oct. 9. 2011
0
FLf.?
L i_
Tp' F `,fir V??
2Ctj9 !`I i
$'18.50 PD ATrV
ev-'V Ssa
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
~~~ptp g~ ~au~br~rt~~~
C, ':~
~ ~ ;~' z~~
-_; ~:
oF~,~~ a~ rHE s~e~ti~~
21~~4 ~~~ ~ ~ ~: i ~~ r 1
rct
VNB Loan Services, Inc.
vs.
Linda Cassell
Case Number
2009-5098
SHERIFF'S RETURN OF SERVICE
07/30/2009 07:47 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 30
2009 at 1947 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Linda Cassell, by making known unto herself personally, defendant at 3126 Columbia
Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $40.60
July 31, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF