Loading...
HomeMy WebLinkAbout09-7158COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff No. OQ `11-58 Civi(T',rM Vs. KIMBERLY BURDETTE and ROBERT BURDETTE a/k/a ROBERT BURDETTE JR CIVIL ACTION Defendant(s) 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 JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 L,Daniel A. Wechsler, E,sq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff No. D 9- 7 J,! ? 7ct-*-? vs. KIMBERLY BURDETTE and ROBERT BURDETTE a/k/a ROBERT BURDETTE JR Defendant(s) CIVIL ACTION COMPLAINT The above Plaintiff brings this action against the above Defendants to recover the sum of $18,140.74, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, CONDOR CAPITAL CORP., is located at 800 South Oyster Bay Road, Hicksville, NY 11802. 2. Defendant, KIMBERLY BURDETTE, is an adult individual located at 478 Waterleaf Court, Mechanicsburg, PA 17050. 3. Defendant, ROBERT BURDETTE a/k/a ROBERT BURDETTE JR, is an adult individual located at 478 Waterleaf Court, Mechanicsburg, PA 17050. COUNTI Breach of Contract 4. At the request of Defendants, Lancaster Lincoln Mercury entered into a written contract with Defendant for the purchase of a motor vehicle ("Contract"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 5. For value received, Lancaster Lincoln Mercury assigned, transferred and set over all of its rights, title and interest in the Contract to Plaintiff. A true and correct copy of the assignment is attached hereto, made a part hereof, and marked Exhibit "B". 6. By virtue of said assignment, Plaintiff acquired legal title to Defendants' account and became the holder of all claims against Defendants arising under the Contract. 7. Under the Contract, Defendants agreed to make timely, regular monthly payments to Plaintiff in repayment of all sums loaned to Defendants thereunder. 8. However, Defendants have failed to make timely, regular monthly payments to Plaintiff in repayment of all sums loaned to Defendants under the Contract. 9. Defendants have not adhered to the agreed repayment obligations set forth in the Contract, by reason of which Defendants are in default thereof. 10. The total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $13,858.04. 11. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 16.5% per annum to the past due balance, which currently totals $125.29. 12. In accordance with the Contract, Defendants further agreed to pay Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff thereunder, which currently totals $4,157.41. 13. Plaintiff is entitled to have the 16.5% interest charge continue to accrue as set forth above, from October 14, 2009 on down to the date of judgment in this matter. 14. Plaintiff has made demand against Defendants for the aforesaid sums, but Defendants has failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants for $18,140.74 together with the continually accruing interest charge at the agreed rate of 16.5% per annum from October 14, 2009, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. At Defendants' request, Plaintiff conferred a benefit upon Defendants by providing the auto loan/financing services described in the exhibits attached hereto. 17. Defendants received and accepted the benefit of said services provided by Plaintiff. 18. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid services to Defendants and that Plaintiff expected to be paid for such. 19. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide said services and to incur damages. 20. At all times material hereto, Defendants were unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 21. Allowing Defendants to retain the benefit of said services without paying fair compensation would be unjust. 22. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff s expense, an implied contract exists between Plaintiff and Defendants and Defendants are obligated to pay Plaintiff the quantum meruit value of the services described in the exhibits attached hereto in the amount of $13,858.04. WHEREFORE, Plaintiff demands judgment against Defendants for $13,858.04 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from October 14, 2009, costs of suit and all other relief to which Plaintiff may be entitled. AMATO AN SSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION hereby states that h sh is the o6w of I. WY De ('&//;PL CZ , Plaintiff in this action, and verifies that the statements made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. MM&T CREDIT SERVICES, L,C FORM P 523 //CS ?tRW7104,` MPLE INTEREST PENNSYLVANIA 008 MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated Account# ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price' PERCENTAGE RATE CHARGE The'amount of cfedit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit including your downpayment 0 a yearly rate. credit will cost you. . of $ 16, 5th 0A $ 156,65.04 $ 28648.-88 $ 45313.92 $ 45313.92 Your Payment Schedule will be: No. of Payments . Amount of Payments When Payments Are Due 72 $ 629, '!b Monthly, beginning 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. ./A $ Filing Fees: $ 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+n full before the scheduled date and prepayment refunds and penalties. a means estimate In this Contract If YUU OU NUI Mttr YUUK UUNIKALA we are LANC.kSTER LIHCOLK MERCURY 1009 f `FRNVE ST LANCASTER, PA 1???$LIGATIONS, YOU MAY LOSE THE MOTOR the SELLER. "ttHICLE. AND PROPERTY THAT: YOU Name ` Address BOUGHT WITH. THIS CONTRACT, AND/OR fiIH R L.Y Fi RDI T t 410 y1 Pt APLj: STREET DALL ASTC)Wxf MONEY ON DEPOSITWITH THE ASSIGNEE. You are R.ORER i H SURDE T T E s 410 W MAPLE ST'RRE T ?DALL;AS' OWN, FA 17313 This Contract is between Seller and Buyer. All .,the BUYER(S). disclosures have been made by Seller. Seller Name(s) Address(es)` Zip Code(s) intends to assignthiscontract totheAssignee. 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 Contract Itemization of Amount Financed TRADE-1N: Cash Price 21-400.00 You have traded in $ the,following vehicle: Cash Downpayment X/A Year and Make Description If a balance is still owing on-the vehicle you have traded in, the Seller Will pay off this amount on your behalf. You warrant and represent to us Trade-In that any trade-in is free from lien, claim, encumbrance or security interest,. except as shown in the "Itemization of Amount Financed" as the Value of Tradt-In N/A "Lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or.damage to the Vehicle and against lien Payoff to: u i a liability arising out of use orOwnership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit. Disability Insurance are not required to obtain credit and'will.hot be Un aid.Cash Price Balan p??• provided unless,you sign below and agree to pay the additional cost(s). Your ins u ra nce.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 financial benefit from your'purchase of $ Credit Insurance. To Credit Ihsurance.CompaRylA By signing, you select Single Credit Life . W.1A what is y0% A By signing, you select Single Credit DisIi y . What is yo { $ Insurance, which costs ,$ age?._ Years Insurance, which costs $ age? : Years Signature of.Buyer.to'be insured for Single Credit Life.Insurance.. Signature of Buyer to.be insured for Single Credit:Oisabihty Insurance . . By signing, you :both select Joint N/What are Bysigning,.youbothselect Joint Credit N/AWhatare Percentage Credit Life Insurance, which costs $ your ages? Disability Insurance,.which costs $ ° your ages?.-to be insured m 10 :ruonc Umciais for License, Tags and Regiltriatiobe $: Lien Fee, 5.. 00 E $ LAICA TEli LINCOLN 1 % For To.` Signatures of both Buyers to be insured forJoint Credittife Insurance Signatures of_both Buyem-to be insured for JointCredit-Disability_Ins. $ t M For [ ) If checked, the cost of the insurance set forth above is estimated. You Will be notified of any adjustment in thecosi of the insurance at -To the time your insurance policy is sent to: you. $ For Insurer. VEHICLE:. You nave 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 $ NCI Year and Make eri Body Style . . . No.. TrUpl TTon a it' aria Number fo U ED 0 i FORD -,FD GE WAGON 4 DOOR 6 r:- 2FMD.K48Cd78 A4 a51 ' Optio Equipped A.T.. _ P .S _ AM fM Stereo . S.Spd Other Amou,. 0 E 55.00 IC E o r ° 1613.8 CAT Ct^. -.TA.V Hit EXHIBIT iyNc vi vcuo-vauucnauv,i-ngiccmcnc Guaranteed auto protectiory (GAP) $ I wan ' ua ant eduto pr tection `. " I ure" Buyer SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTAgY AND NOT REQUIRED AS.A CONDITION OF THE: CREDIT: The service contract or warranty agreement: will not be proyided`unlessyOu sign theaepara{e agreement. with thethlyd paity provlder: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 fo."rwhich.there is.not`a separate charge.. :. ASSIGNEE: We intend to assign this Contract and- Security: Agreement to the Assignee named 'inthis provision: Itthe Anignee-assigns this Contract to a subsequent assignee; the term "Assignee" -also refers to such subsequent assignee After the Assignment; all rights and benefits of the Seller in this Contract-and i the Security Agreement shall belong to-and be enforceable by, the Asmgriee The Assignee s hame and address is.' Nj&T CREDIT' SERVICES,..L,LC. Installment Login Operations: One Fountain Plaza- P.O: -Box -4005 Buffalo;. New York 14240 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 an Owner of.the Vehicle ; >•_ t CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us 'a Security interest ri the Vehicle-and agrees separately and togetherwith all Co-0wnrr.(s) andBuyer(s), to perform all agreements in the Security Agreertient 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' PROMISE;TO PAY- You.agree.to pay us the Total Sale Price forthe Vehicle by making the Cash unpaid under- this Contract against any of your money on deposit. with Assignee This ntract includes ahy money which is now or may: in the future be;deposited with Assignee by -you. Downpayment and assigning :the Trade-In rf shown above; on;or before the date of this Co and..payin us,theAmount .Financed. plus Finance to e. You romise to make a merits in Assignee may do this withoutanyFnor notice to you. g g p py accordance with the Paymegt°Schedule:.You promise to make paynients.on orbefore the same day. of each month as.the first payment.due date, You agreeto pay all other amounts which may ADDITIONAL DISCLOStfRES AND TERMS AND CONDITIONS: the.Dlsure become due under, the terms of this. Contract:Youagree.to pay the Seller or Assignee costs of Disclosures: Beforesi.gnmgthls.Contract; be sure that you receive an re. Suit Yoq also agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to to Buyer collect` amounts due tinder this Contract or to protect or,get possession' of the Ve% hicle; as Terms and'Condltions: Before`s.Igning this Contract , be sure you'recerve and read the rmitted by?applicabl'e W. You agree to make payments atthe place or to send payments to followmB,which are'addlbonaf Pages to and part of this Contiact . . the address wMch'the p recently sclfies in the written notice to you. • This Cont.ract continues on the'reverse side SECURITY AGREEMENT': To secure the mentof all sums due and the performance of all purchased Cancellation (Guarantee d•Auto Protection) separate 1-disclosure and agreement; if pay as part of this Contract and disclosed above. required obligations under this Contract, you.,giye a security interest in the Vehicle, in all parts (called "accessions") attached to the Vehicle at any later time, and in any proceeds of THIS: C..ONTRACT CONTINUES ON THE REVERSE SIDE...YOU ARE OBLIGATED TO ALL THE the Vehicle;;includingansurance proceeds. The Assignee Tay set-off any amounts due.and. TERMS OF THE CONTRACTWHiCH APPEAR ON THE FRON T AND REVERSE.SIDES, The`Annriaf Percentage Rate may. be -negotiable ' th, the: Seller.' The- Seller may assign -this conteaot aid retain, its right to receive a-part-of the Finance'ICharge. ` _By signing below,* agree to ell tde Vehicle to you under the terms df this Contract. NOTICE TOBUYER=DO NOT.SIGN: THIS CONTRACT IN:BI ANK YOU ARE EIVTITLEO. TO AN E CT.COPY T?iE CONTRACT YOILSIGN KEEP,'i.T:TO - OF * ._ PLOTECTQ R L 1 SELLER IG = _.?.. z asryr-,•r,. BUYER ri. (SEAL)!?i3 - !f f _? JgT Date .?,. . r j d .l ;. - ,•. BUYER " (SEAL) .. ... .. 'Date _ _ r CO `SIGN.ER. YOIf SHOULD.R.EAD THE NOTICE T CO SIGNER, WHLCH HAS:BEEN GIVEN TO YOU ON A SEPARATE:DO.CUMENT; BEFORE SIGNING THE CO SIGNER S AGREEMENT Eo=SIGNER'S AGREEMENT: You; the person(or 'persons): gn rig below'as''Co--Signer," promise to pay to us all sums due on this Contract and to perform all agreements in this Contract You intend -to be legally bound ,by all the terms of this.Contract, separately and together, with the Buyer. You are making this promise to induce us to make this Contract with the Buyer, -even though. We will use- the proceeds only for, the Buyers benefit You agree to pay even though we may iioChaGe :made' any prior demand for payment"on the Buyeror exercised our security interest You also acknowledge receiving a completed copy of this Contract (SEAL) - c 'Address .., ... Date Co-Signers Signature (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 us a security interest in the Vehicle identified above. You'agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the "Promise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due. on. this.Contract You will not be responsible for.any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) Co-Owner's Signature Address Date BUYER, CO-SIGNER AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE. RECEIPT OF A COMPLETED COPY OF THIS. CONTRACT AT THE TIME OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CALLED ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS. BUYER. \ T' BVY CO-SIGNER CO-SIGNER OR CO-OWNER No Cooling Off Period State law does not provide for a "cooling off". or other cancellation period for this Contract. Therefore, you cannot later cancel this Contract simply because you change your mind or wish you had acquired a different item. After you sign above, you may only cancel this Contract for legally valid reasons. BANCONSUMER FORM PAS23DCSLC-1 (7/04) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. 02004 BANCONSUMERSERVICE, INC. - ......-. ...........?.. ...? ,........ "mv n. a---?. n-.,., nni ncuonn c,.u..-. n....,. ADDITIONAL TERMS AND CONDITIONS 1. Meaning of some words. In this Contract, (a) "you" and "your" mean anyone signing this though a late charge would not be imposed until later, (b) you violate a.ny provision of this Contract other than the Seller, whether as a Buyer, Co-Signer or Co-Owner, (b) "M&T"Credit Contract or of any other agreement mith us existing now or coming into existence. in the Services, LLC" means M&T Credit Services, LLC, One Fountain. Plaza, Buffalo, NewYork:14203,_, (c) "we;" "us," "our". and "ours" initially mean the Seller but, after the Seller transfers its rights % future, (c) any Default occurs-for purposes of any other agreement between you.and.Us existing now or coming into existence in the. future, (d):you die or become incompetent'or j under this Contract, will mean anyone having those rights, and (d) "your property" means the insolvent, (e) any proceeding under any bankruptcy law is started by or against you, (f) "Vehicle" described at the beginning of this Contract, including all equipment, accessories, parts and tires that are or become part of it by being installed in or affixed to it and all anyone starts any, legal proceeding to take your property or any other property belonging to you now or acquired by you in the future to pay any indebtedness existing now or coming into proceeds. existence in the future, (g) any tax or other involuntary lien is filed against your property or 2. Purchase. Everyone signing this Contract as a Buyer is buying from the Seller and any other property belonging to you now or acquired by you in the future, (h) your property is stolen or destroyed or suffers substantial damage or a substantial decline in value, or (i) lost acknowledges delivery in good condition, after examination and acceptance of the Vehicle described at the beginning of this Contract, and has chosen to buy it on credit rather than , we discover that in this Contract, any other agreement with us existing now or coming into existence in the future or any application. you have made or make to us for credit you made buying it for cash by paying the cash price (including services, service contracts and sales taxes) shown in the "Itemization of Amount Financed." any false or misleading statement about an important matter. 3. Basis of Disclosures. The amounts disclosed on the front for the Finance Charge, 19. Our Rights if you are in Default of this Contract. If you are in Default of this Contract, rights according to law. We may also do the_thmgs speci ficallymentianed we may enforce our Payment Schedule and related disclosures were based on the assumption that you will pay all - . Contract We•may do one of-these -things and at the same time or later do another. in this payments on their due dates. Late payment could cause the Finance: Charge amount to . : Some of the things we may do are the following increase. - - - a. Acceleration: We can demand that you pay to us the entire unpaid balance awing on 4. Disclaimer of warranties. Unless the Seller gives a written warranty concerning your.- this Contract and all unpaid Finance Charges and other moneydue. You agree that-you will property or unless you and the Seller enter into a written service contract concerning your pay this money to us in one single payment immediately upon receiving our demand, property, the Seller (a) makes no warranty concerning your property or any other matter, b. Repossession: We can repossess the Vehicle, unless prohibited by law. We can;do this except that the motor vehicle described at the beginning of this Contract is that being ourselves, have a qualified person do it for us, or have a government official (by replevin) do it :bought under this. Contract, and (b) specifically, makes NO WARRANTY OF for us. You agree that we can peaceably come on to your property to do this. We may take any MERCHANTABILITY CONCERNING YOUR PROPERTY AND NO WARRANTY THAT YOUR other things found in the Vehicle, but will return these things to you if you ask. `If you want -PROPERTY IS FIT FOR A PARTICULAR PURPOSE, UNLESS WE -HAVE- GIVEN YOU A -- these things-back, you may reclaim them-within thirty (30) days-of-our. mailing you a Notice of " 'SEPARATE WRITTEN WARRANTY OR UNLESS SELLER ENTERS INTO A SERVICE CONTRACT Repossession. If you do not reclaim the things found in the Vehicle within that time,, we may WITH BUYER WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT.. dispose of,those things.in the. same manner as the. Motor Vehicle. You agree that we may use 5. Obtaining insurance. You can obtain any insurance required by us in connection with or through the person of your choice, but it must be provided bya- . your property from your license plates in repossessing the Vehicle and taking it to a place for storage c. Voluntary Delivery: We can ask you to give us the Vehicle at a reasonably convenient . company acceptable to us. We will be reasonable in deciding whether the insurance place. You agree to give us the Vehicle if we ask. Delay in Enforcement: We can delay enforcing our rights under this Contract without d company is acceptable to us. - . losing any rights. , 6. Window sticker. If your Vehicle is not a motorcycle and is described at the beginning of this Contract as used, the following notice applies to this Contract: 20. Some things you should know if we repossess the Vehicle. If we repossess without -.inform - ation - - you see on the window form for this. Vehicle is part of this Contract. The using a government official (by replevin): a. Notice: We will send you a Notice of Repossessionto your last address we know about Information on the window form overrides any contrary provisions in the Contract of Sale. This Notice will tell you how to buy back.(redeem) the Vehicle. You will NOT have the right to 7. Property insurance. In connection with this Contract you may be required to keep your reinstate this Contract This means you will have to pay the total balance on this Contract acid property fully covered against substantial risk of damage, destruction or theft If you obtain other amounts due. You may not get the Vehicle back by paying delinquent installments. This such required property insurance through the Seller or M&T Credit. Services, LLC, it will cost Notice will tell you other information required by law. the amount shown in the "Itemization of Amount Financed." If you do not obtain it through the b. Redemption: You have the right to buy back (redeem) the Vehicle within 15 days of the Seller or M&T Credit Services, LLC, it must be provided under a policy acceptable to us, and mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the you must provide us with proof of it, acceptable to us. ' r s o du f n rac Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is possible, but in not more than ten (10) business days of our receipt of the funds reasonabl o ver e t t i 8. Late Charges. If any portion of any installment payable under this Co more than 10 days, you must pay a late charge of 2% per month on the unpaid amount of the . y required.. If you do. not redeem, you give up all claim to the Vehicle. we will sell the Vehicle, The money: received at sale will be Sale: If you don't redeem c installment Such a late charge maybe imposed only onetime for each late payment , . expenses you owe, and then to pay the amount you owe on this used to pay costs and 9. Summary Notice regarding prepayment and reinstatement. You have the_right to.prepay , Contract this Contract in whole or in part at any time without penalty. If your property has bead .: d. Surplus or Deficiency: If there is money left, we will pay it. to the Buyer. If there is. not repossessed, you may have the right under the law to receive back your property: These rights - -- enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what is are further explained in Section 20 of this Contract •- still owed to us. 10. Additional information.. You should refer to the rest of this Contract for additional e. Expenses: You agree to pay the costs of repossessing, storing, repairing, preparing for information about'nonpayment, default, our right to declare all amounts payable under this sale and sellingthe Vehicle as may be allowed by law. These costs will only be due if: Contract but not yet paid immediately due, prepayment refunds and penalties. 1. Defaultexceeds fifteen (15) days at the time of repossession ' 11. Prepayment. If you prepay-this Contract in full, you will not have to pay a penalty. 2. The amount of costs are actual, necessary and reasonable-, and 12. Financing statements. Whenever and wherever we think it necessary, we can file a .financing statement signed only by us and describing our security interest-in your'property. 3. We can prove the costs were paid. 21. Collection costs. If we hire an attorney who is not a salaried employee of ours to bring a When we notify you to do so; you must immediately pay us_anytax, fee or charge'-w6-pay for ` --lawsuit to collect any amount payable under this Contract but not yet paid, you must pay-us reasonable attorneys' fees and all court costs we pay for the lawsuit as permitted by fling the financing statement 13 Additional promises. Until all amounts payable under his Contract are paid, you must (a) applicable law: The attorneys' fee will be 15% of the amount payable under this' Contract unless a courtsets a smallerfee. keep your property in good condition; (b) promptly pay any tax, fee bf charge on the purchase, ownership or use of your property,,•(c) sign any document we believe necessary to - t r e ' ' 22. Notices and change of address. Any notice we send you concerning this Contract or your -- Property will be sent to.your current mailing address-shown in our.records concerning.this proper curity interest in your y- (d) have ou s property, protect our security interest in your any: certificate of title issued for it, (e) allow us to inspect your property at any time, shown on Contract We can send it by regular mail. Any notice you send or deliver to us concerning this . . {f) immediately notify .us in writing if your property is lost, stolen, damaged or destroyed, . atiandon or in any.other way disposeof your property lease - -refit give - away ' trade (gj notsell Contract, must be in writing and be sent or delivered to M&T Credit Services, LLC, Installment Loan Operations, One Fountain Plaza, P.O. Box 4005, Buffalo, New-York-14240, or to any other , , , , , = without first obtaining our consent in writing, (h) not use your property, or allow•it to be used illegally or in any way that might resiultin any insurance on it not being paid and (i) not allow fy If Youraddress or anY address where your property will be kept.c..hanges -address we speci before all amounts payable under this Contract are paid, you must promptly notify us in y . property onto be.named. on an other than .you- or us to have any claim: to your anyone writing of the new address. _ . . certificate of title issued for it 23. If 2 or more persons sign this Contract as, Buyer, Co Signer or Co- Owner If 2 be more Co-Signer or Co-Owner, all of them-will be, individually persons sign this Contract as a Buyer -14. Risk of loss. You will be bound by this Contract even if your property is lost„stolen, , liable under it, except that the Co-Owner will not be bound by the "Promise, to and together damaged-or destroyed.. , r any : can Send or delive Pay" section: Except to the extent required by applicable th 15. Property insurance. In.addition to keeping. your property covered by the motor vehicle forall notice concerning itto`any of them signing ltas a Buyer, and the`hdtice will be effective insurance required by Section 7,, you must keep it fully covered by insurance against of them. substantial risk of damage, destruction or theft until all amounts payable under this Contract.. . -are paid. Without limiting the preceding sentence, you must keep it fully covered by 24. Guarantee. Anyone signing this Contract-as a Co-Signer,. unconditionally guarantees and comprehensive and collision insurance. The insurance must be provided under a. policy , becomes surety for the payment of all amounts payable under it and will be bound by all its acceptable to us. Without limiting the preceding sentence, the insurance (a) cannot be subiect provisions. --to -adeductible amount greater -than-$500.00, (b) cannot be canceled by the company 25, Giving up of rights by you. To the extent permitted by applicable law, you give up any providing it without the cornpany'first giving us at least 10 days notice in writing-and (c). in ust- right to require that we (a) demand that you pay any amount payable uhder this Contract '(b) Seller; Assignee; any subsequent assignee or any authorized employee of any;of them("we------sale; repossession and redemption: We can do any of the following witfiout notifying yeu or may file a "proof of loss with the insurance company, in•your name and acting as your agent, losing any right against you, your property or any other property belonging fo you now or " " with respect to the insured claim. You. agree ttiaf)you do`, not have ,the right to, and will not, paid in full or acquired by you in the future: (a) accept any check or other order marked revoke thepower you have given-us to file a proof `otloss You agree that we-may exercise this with similar language as a payment under this Contract, (b) give additional time for the enefit and not for yourbenefit, except as provided_m;this Contract and by law power for ourb _ payment_of?.any- amount.pay-ab(e- under this Contract,_regardless of the number of ti we . _ _ -agree that the-Seller Assignee; any- ; .to Endorse, Insurance Checks:.You. (b) Our.'Right previously did so and regardless of the length of any additional time we previously. gav-e,. (c) • , . sutise cent assignee, or an: authorized employee of any of_them (,We, may endorse your g give up.fail;to exercise :or delay:exercrsing:any right against any person or property, (d) faito ,... . actin as your a ent; to`an check, d'raft'or oth`er`instNmenf we receive in payment of nafie protect an `interest in'at!y property, whether by farhrgto aintam any insurance, by failing to y .-an insured loss or return of insur nce premiums. Youagree-that-you do not-have the right to,- _ certifkate_oftite_or_in any. other _-.-file any-financing"statement, byfadingfo-be named-on.an revoke the.power you have givenus;to,maRe.your endorsement You agree that and will. not way; or (e) change any provision .;of this Contract if anyone-signing this;Contract as a.Buyer , we:m..aexercise this power for our benefit:and, not for;your-•beneft except as provided in this, , l w d b " a Co agrees.: For example;;M&T Credit Services,: LLC,can„sue.you under this_Contract:whethe.r or your properly, or (c),uses`any`money that (b) repossesses and sells not it (a) sues anyone else . n y a ntract (c) Use of Proceeds: We may apply any insurance proceeds we receive to repair or replace , , ha-s been or is deposited with it by you oranyone else to pay any amiountpayable'under this the Vehicle if, in our opinion, it is economically feasible and you are not then m default of this - Contract;-but not yet paid. Contract Otherwise, we will apply the insurance proceeds to reduce the unpaid balance due :27: Changes'and giving up of rights by us. No change in this Contract can be made except in us. After the balance due us is paid, any excess will belong to you. a writing signed by us. We can correct any obvious error in our copy of this Contract No right 16' Our maintenance of insurance; We'can=but we wi11.not ha'V-616 mai ntain any insurance .' "against you; your property of any other property belonging to-you now or acquieedyou in required by this Contract in connection with your property if you do not maintain it If we the future can be given up by us except in a writing signed by us decide to maintain any such insuralrce it may be. written inthe amount that-you then,owe us 2&: Claim for failure to obtain insurance: If any amount is paid under this Contract for any under this Contract Such' insurance may not satisfy your obhgabons under. state financial insurance is not obtained for any.. reasan, your only claim will be for a insurance and the responsibility laws and may not provide coverage against bodily miury or property damage , :._ .., • refund of that amount, liabjljty. Tie-premiums fob such-insurance [nay_behigher #ha?_the premiums for insurance _ _ 29. Entire agreement.-This Contract is the final -and complete agreement between you and the ;that-you could obtain on your own; Yo.u must pay us anyamougt we pay for the insurance and Seller concernin your property "and the credit transaction covered by this Contract Any Finance Charge on the portioniofthat amount not yet paidaiy you as though that porton were an amount on which Finance Cfiarge was payable, under .this Contract We, will. send you a statement cbnceming your property made.by the Seller or anyemployee of the Seller is not a warranty and is:not-part of':this Contract Also any statement concerning the credit transaction -notice that you have the-option of-(a) paying that-amountand the Finance Charge within 10 made bythe Seller or any employee of the Seller rs not part of this Contract days after the date we send ybu the notice, (bj paying that amount and the Finance Charge; in or each of which excepfthe last will be equal m amount, montfily installments each of which .. % :1. 30. Conflicts If any,part of:thisContract conflicts with applicable law;. the law .will control, i , the last of which, if not equal in amount to the others, will be of a smaller amount and the number of which; will, be equal to the number of installments that are. to. become due under t• and this Contract will be considered changed to the:extent:necessary fo comply With 31. Continued effectiveness. If any part of this Contract is-determined by a court to be the Payment Schedule after-the date.we send ygu the notice or (c} paying that amount and invalid, the rest will remain in eff, ec.L _ the Finance Charge in any ether way we offer If you do not pay that amount and.the Finance 32. What law applies.; Any legal question concerning this.Contract will be decided in Charge as provided in (a) of the preceding sentence you must pay them as,provided n:(b) or --accordance with the taw ofthe Commonwealth of ;Pennsylvania-and tothe-extent applicable, sentence. (6) of that . federaLlaw. . entrUed to make any claim under any service . 17. Service; contracts. In the event that you are NOTICE , nobfy us in writing and file a claim contraetapplicable to.your.,prnperty, you will immediately with the serviceeompany,-Wemgyfile.aucha_claim.on-yourbehaltif.y6'fail rrefusetodo ANY_HOLDEROF_THIS-_CONSUMER:.CREDIT_CON.TR.&CT_I:SSUBJECT.TO so. We may endorseyourbamp to any check, draft or other instrument we. receive in payment ALL-CCA-IMS AND-DEFENSES:.WHICH THE:'DEBTOR':COUMASSERT of any claim under a service contract applicable to your property or for refund of any AGAINST THE SELLER OF GOODS, OR-.SERVICES-OBTAIRED. PURSUANT unearned charge or premium. - -- - - - - OR ATH-THE PROCEEDS HEREDF 'RECOVERY; HEREUNDER BY HERETO- 18 Defaul4...The occurrence of any of the following events is a-Def iulf under this Contract (a) : RMOU NTS Pki D BY THE- D:EBTO R THE DEBTOR SHALL NOT EXCEED iri `abmount payable under this Cortract or-any other, indebtedness=from you to us existing. now or coming into existence in the future, is not paid by the date,it becomes due; even . HEREUNDER. - NOTICE' Of PROPOSED CREDIT INSURANCE The signer(s) of. this Contract hereby take(s) notice that:Group Credd Life Insurance coverage or Group Credit Accident and Disability Insurance coverage will be.applicable to this Contract it -so marked on the front ofithisContract,-arid=each such type'of;coverage'will be written by the insurance company name&This insurance -subjectao acceptance by the insurer covers only the, person or persons signing the request for such insurance.-The amount of charge is indicated fot each type of Credit Insurance to be purchased. The term of insurance wilt commence as of:the date the in . , . mess rs recurred and-will expire on the original scheduled maturity date vftBe indebtedness: $ubject`to acceptance- by.the.insurer and within30:days, there vrdC be delivered to the insured debtor(s) a certificate of insurarce more fully describing the fnsur_ance In the event of prepayment of the indebtedness; a i refi ndrof.insurance charge4 wiN be ma dewhen:due _.. , THE PRQVISrON RELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE. CONTRACT BETWEEN THE BUYER AND SELLER. ASSIGNMENT The Seller agrees to be bound by'ahpro-Visro or of this_Confrzct Also;_ or'aTFie received and intending to lie IegaAy bound hereby," the Seller (a) assigns this Contract to.M &T Credit Corporation pursuant to and subject to all terms and conditions of the dealer agreement currently in effect between the Seller and M & T Credit Corporation and (b) makes with respect to this Contract all warranties and representations _set forth in such dealer agreement _ re and title. of person signingfor,Seller .Name. of Seller: :.° Signatu Date CONDOR CAPITAL CORP. ASSIGNMENT This ASSIGNMENT is attached to and expressly made part of that certain Retail Installment Contract pertaining to the sale and financing of a motor vehicle (the "Contract") more particularly described as follows: Date of Contract Buyer's Name(s) r (? ,kf dew Covering the following property: Yea Ake Dodd I*WrUed VeNdeMNubw 0 qt NIJ For value received, the. undersigned (hereinafter called Seller) does hereby sell, assign and transfer to Condor Capital Corp. (hereinafter called "CCC". at 165 Oser-Avenue, P. O. Box 18027, Hauppauge, New York 11788) seller's right, title and interest -in and to the attached contract (hereinafter called the "Contract"), herewith submitted to CCC for acceptance, and the property. covered thereby (hereinafter called the "Property"), . Seller authorizes CCC to do every act and thing necessary to collect and discharge obligations arising out or incident to the contract and Guaranty. To induce CCC to accept.assignment of the Contract, Seller warrants to CCC that: 1. The simple interest Contract was. complete in all respects and Seller made all disclosures required by law, and in the manner required by. law, prior to the execution thereof by Buyer. Buyer is not a minor, has capacity to, contract and paid the down payment stated in the contract with his own funds; 2. All disclosures required by law were properly made to Buyer prior to Buyer signing the contract; 3. All statement(s) made by or on behalf of Buyer and furnished to CCC by Seller are true to the best of Seller's knowledge and belief, and Seller has no knowledge of any fact that would impair the validity or value of the Contract; 4. Seller will'file the appropriate title documents within twenty (20) days from the date the Buyer takes'possession of the vehicle with the appropriate state/county departments or agencies reflecting Condor Capital Corp.'s the only lienholder; 5. The acquisition fee or discount, -if any, charged by CCC to Seller in connection with the purchase of the Contract was not separately imposed on the Buyer by the Seller; 6. If there is any breach of any of the foregoing warranties, without regard to Seller's knowledge with respect thereto or CCC reliance thereon, Seller hereby agrees unconditionally to purchase the Contract from CCC, upon demand, for the full amount then unpaid whether the Contract shall then be, or not be, in default. Seller agrees to indemnify CCC for any setoff or loss, including attorney's fees and costs, suffered as•a resuft of a,claim or defense of Buyer against Seller. Seller waives notice of acceptance of this Assignment and notices of non-payment and non-performance of the Contract; 7. .The.liability of Seller shall notbe affected by any extension, renewal or other change in the time of payment of the Contract, or any change in the manner, place or terms of payment thereof, or the release; settlement or compromise of or with any party liable for the payment thereof or the release or non-perfection of any security thereunder; K. CCC shall not. be bound to exhaust its recourse against Buyer or any other person or any. security CCC may at any time have before being entitled to payment from Seller hereunder; .This Assignment shall become effective upon delivery of the Contract to CCC or upon CCC's payment of.the agreed purchase. price of the contract therefore, whichever first occurs. As part of this Assignment, undersigned's obligations are further defined in the particular paragraph below executed by undersigned, and signature of any such.. paragraph shall constitute signature of the entire Assignment. Assignment. shall not be :deemed to relieve Seller from any liability for the breach. of warranties, representations or agreements contained. herein or in the Contract or in the Master Dealer Agreement between CCC and Dealer. Seller-Dealership (please print): -QACQ,4w- L,bVr- Seller's Agent (please print): Ia?J `-) Agent's Signature: EXHIBIT Title of Agent: TiMANCL A4 Date of Assignment: 3 " 746 6 Fit -M --C 0'E tF ?;-±F F: - -r..;`.? i ,TAY 2009 OCT 20 All 5: S 0 19-SD PO IATN Mir owao auaa.5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff No. 09 -"1158 01vil-Term, vs. KIMBERLY BURDETTE and ROBERT BURDETTE a/k/a ROBERT BURDETTE JR Defendant(s) : CIVIL ACTION ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, CONDOR CAPITAL CORP., in the above-captioned matter. AMATO AN ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Dated: October 14, 2009 IAPY Lu ^ GL;? c0 jgp ?; ?ta U r u'id k,,T rt",? Sheriffs Office of Cumberland CouU-?-, - R Thomas Kline OF THE P TCNI ??v JTARY Sheriff Ronny R Anderson ??„ttq at 4a,u G?r? ?? 2009 OCT 28 Ali 9: 4 0 Chief Deputy Jody S Smith Civil Process Sergeant ?cN"8( VAf Edward L Schorpp Solicitor Condor Capital Corp. vs. Case Number Robert Burdette 2009-7158 SHERIFF'S RETURN OF SERVICE 10/22/2009 08:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kimberly Burdette, by making known unto Robert Burdette, adult in charge, at 478 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/22/2009 08:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Burdette, by making known unto Robert Burdette, personally, at 478 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, 7 3 October 23, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff