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Home My WebLink About09-7578IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff VS. MARK J RODAK Defendant No. Oq - g518 0"'aTers" COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07831105 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff vs. Civil Action No. MARK J RODAK Defendant COMPLAINT IN REPLEVIN AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. OF 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COUNT I - REPLEVIN Plaintiff is a corporation having offices at 275 Valencia Avenue, Brea, CA. 92823-6340. 2. Defendant is an adult individual residing at 25 North 19`h Street, Camp Hill, PA. 17011. 3. Plaintiff is the holder of a Retail Installment Sale Contract (hereinafter the "Contract") and Security Agreement secured by a vehicle duly executed and delivered by Defendant in favor of Sun Motors Imports on or about January 05, 2009. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "I" and made a part hereof. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the vehicle more particularly identified in the Contract as a 2005 Porsche GT3, Serial Number WPOAC299255692217. Sun Motors Imports subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 6. Under the terms of the Contract, Defendant was to make Sixty (60) consecutive monthly payments of $1,088.24 beginning February 04, 2009. 7. The total principal amount due to Plaintiff pursuant to the Contract was $55,300.28. 8. Plaintiff maintains a first lien on the aforesaid vehicle by virtue of the Certificate of Title issued by the Commonwealth of Pennsylvania Department of Transportation, a true and correct copy of the Certificate of Title is attached hereto, marked as Exhibit "2" and made a part hereof. 9. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to make the required monthly payments. 10. Plaintiff is entitled to immediate possession of said vehicle which Plaintiff holds a security interest in and any proceeds of the vehicle, including insurance proceeds by virtue of Defendant's default. 11. Defendant has made partial payment under the Contract leaving an unpaid balance in the amount of $53,012.07 as of July 05, 2009. 12. Plaintiff avers that the Contract provides for finance charges at the rate of 6.74% per annum. 13. Plaintiff avers that finance charges from July 05, 2009 to October 16, 2009 amount to $1,003.97. 14. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remains in possession of the vehicle at the above-stated address. 15. By virtue of Defendant's default, Plaintiff has an immediate right to possession of the vehicle covered by the Security Agreement the value of which is $49,700.00, plus continuing finance charges at the aforesaid rate of 6.74% per annum. 16. Under the terms of the Contract, Defendant has undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, Mark J. Rodak, individually, in Count I of this Complaint In Replevin, as follows: A. For possession of the vehicle, more particularly identified as a 2005 Porsche GT3, Serial Number WPOAC299255692217 COUNTII ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 17. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this Complaint in their entirety as if the same were more fully set forth herein. 18. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendant's default for the accelerated balance due under the Contract in the amount of $54,016.04, plus appropriate additional finance charges at the rate of 6.74% per annum on the balance due from October 16, 2009 and costs. 19. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 20. Plaintiff avers that such attorneys' fees amount to $125.00 to date. 21. Contemporaneously hereunder, Defendant has been advised of his/her right to dispute the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto, marked Exhibit "3" and made a part hereof. WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendant, Mark J. Rodak, individually, in the amount of $54,016.04 plus continuing finance charges at the aforesaid rate of 6.74% per annum from October 16, 2009, expenses for retaking possession, attorneys fees of $125.00 and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. William T. Molczan, Esq e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:07831105 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. RETAIL INSTALLMENT SALE CONTRACT DEAL 4590 SIMPLE FINANCE CHARGE STK 3) 0 Deals Number Contreq Number Buyer Name (?? and Zip Code) Co Buyer Hama =Afftcradflor-sausl (Name ad Address) RK RODAK pnaudng CountN MOTOR IMPORTS 2 N 19TH ST 34 CARLISLE PIKE CtMP HILL PA 1701I-3923 MP HILL, PA V-, &?- a---- 0- ^- ^- on credal under - . ally/. 11" wy sae venwAs Deaw Tor cash or on credit. BY signing this contract, you choose to buy the vehide agreements on the front and back of this contract. You agree to pay ft Creditor - Seiler (sornellmos W or •us, In this contract) the Amount Financed and Finance Charge In U.S. funds according to the payment schedule below. We wiM figure your fMance charge on a daily basis. The Truth-In-Lending Disclosures below are part ol this contract. Make M ig Cross Vehl- - - Na MmIlDemo Ybar and Modal culer WagM Vehlcte Idenancaflon Number Pdmany Use For WNch Pu chased NEW 005 PO SCHE 11POAC29926S692217 D peasonal,tamayorhoutahold 6T D btaeheis D awicultural D WdUrNOM W n rely buy uet pee p ya, dwoeeoowhb1ool6kNaxepkude b ua. xw, areryrai requItiInyy Miga?ir40 Is t bow polclea or oataoaa from ft named kwsw+ce kw?npertin wa deoabe 1 e lamp ant cond ilom. Check 1!M M)etltaltee yar wtalt arro sSyn Otiow. Optional credit Insurance O Cradle Eta. 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PROPERTY BODILY URYO CAUSED MOTHE RS . If you do not meet your Contract obilgations, you may lose the vehicle. Rek"ed Chedt Mar" Youb Mere wttt we. 0P1tOH ? You pay no finance charge I the Amourd Financed, item 5, Is paid In tug on or before eisue9jrpayrootlrers8anydvxkyougneus&dulntnred -.Year_ SEUER'S W KS t) TMU CAP CO MM.. Agsp wMW (debt euabdon oofto Is trot tgdred to obbh asM W W11 not bs p &AM arias you *0 tWav yb Wu laPay the We dwge. N you dross b buy a pap cor bst on dmrpe k:town h 1Nm ID N the twrlxaeon e1 AmourA need See yew gap contract 4x de0ds on ale brtM end wrrddas h owAdes. Ilse pen of thts mnaect Tenn N1A Mos. NIA NW* of Gap Cortred I wars to byr a 9apwrreed. Buyer Slpu X NO 00 ING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this side. After you sign this contract, you may only cancel it If the seller agress or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. H0WTHIBCONiRACTCANBFCiWIIM1NscariadcoM tstte ymeWusreWngbtfS=*act.Arlydwgebftcgnhdmustbeinwrung and we must sips k No Ural drangas are b n ft Buyer Sr •Buyer $X H Y d oorkad b not veld, aq otar pats sky vAWI lka i m W"W" any of our this under Ids mew AM ?osing them For a am* we may em *4 the lme br Inalkg awns pttryteoms w dour tndandog the Dr >ns. You auB>o b us bo0tekt inlama m abt>tll you, w the vdiide you an ng :file more vtil * de>p mmd a otter rumor vehkia mgW akn augu ten, See back for tw hp*dW it mmenta. The Annual Percentage Rate may be'negotlable with the Seller. The Seller may assign this contract and retaln ft right to recevve a part of the Finance Charge. NOTICE TO BUYER. DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE E NT ED AN EXACT COPY OF THE CONTRACT YOU SIGN. EEP IT TO PROTECT YOUR LEGAL RIGHTS. Buyer Signs' 6/09 Co-Buyer Signs X Date You agree Zru contract.You confirm that before you signed this contract, we gave it to you, and yowreview it. You confirm that you received a completely filled-in copy when you signed It. Buyer Sig MMI109 Co-Buyer Skins X Date Co•&gws person who b eeeP00W b paying N» edrs debt An other owner Is a person whose nenre Is on the Wle b on vW* but does not have toes to ere eecU* Detest in the Vows 9W to us in this corow, Odrer avner co* nhers X Address S611eOW" kIQTDR MOM B S148 BY X nee sever assrgru Wiraeasl in tf3s contract b (Assignee) under tine terms of SNbls egreetnent(b) Mth Assiptee Assipnedwithtecaur» v r C:j ASsigrkd MWW remm ? Asstpned with embed recourse t L/.11rY aor wasMQ ?,rwirrcenriaeaft ?a f°W?r+ mas V rewss.w,n.awsorms?owuoa¦a.?vewowue.aoaw¦s ORIGINAL LIENHOLDEA -:OTHER IMPORTANT AGREEMENTS ?• 1. FINANCE-CHARGE AND PAYMENTS c. You may have to pay collection costs. ifyou default and ^ a.• How we will figure Finance Charge. We will figure the,. • . . - we haw-to go. to court to recover the vehicle, you will pay . Finance Charge on a daily basis at the Annual ft-reasonable attorney's fees and court costs as the iaw Percentage Rate on the unpaid part of the Amount permb.You will also pay any attorney's fees and court costs Financed. a court awards us. . • b. How we will apply payments. We may apply each d. We may take the vehicle from you. 0 you default, we payment to the earned and unpaid part of the Finance may take (repossess) the -vehiicle from you if we do so . Charge, to the unpaid part of the Amount Financed and peacefully and the. law allows ft. H your vehicle has an to other amounts you owe under this contract In any electronic tracking device; you agree that we may Lisa the order we choose. device to find the vehicle. H- we take • the vehicle, any c. How late payiiients or early payments change what acegasodes, equipment, and replacement .parts wig stay you must pay. We based the Finance Charge, Total of with the vehicle. lt any personal Hems are in time vehicle, we Payments, and Total Safe Price shown on the front on may-store them for you at your expense. H you do not ask for the assumption that you wig make every payment on these Hems'beck, we.may dispose of themas the law allow& the day lt is due. Your Finance Charge, Total of a. How you can get the vehicle back lt we take It if we. Payments, and Total. Sale Price'will:be.more if you pay -repossess the vehicle, you* may get It badcby paying the late and less it you pay early. Changes may take the unpaid part of the Amount Financed pkrs the earned and form of a'larger or smaller final payment or, at our unpaid part of the Finance Charge, any late charges, and option, more 0 fewer payments of the same amount as any other amounts lawfully due. under the contract your scheduled payment with a smaller final payment. (redeem). Your right to redeem ands when we sell. the We will send you a notice telling you about these vehicle. We will tellyou how much to pay to redeem. changes before the final scheduled payment Is due. If we repossess the vehicle, we may, at our option, allow., d. You may prepay. You may prepay all or part of the you to get the vehicle back before we sell If by paying all unpaid part of the Amount Financed at arty lime with. past due payments, late charges; and any other amounts out penait)r. If you do so, you must pay the earned and due because you defaulted (rehmstate). We will tell you it you unpaid part of the Rr*nce Charge and all other may reinstate and how much to pay If you may. amounts due'up to the date of your payment. H you are in default for more than 15•dayewhen we take ftl ? vehicle, the amount you must pay to redeem or reinstate will 2. YOUR OTHER PROMISESTO US also Include the expenses of taking the vehicle, holding It, a. It the vehicle Is damaged, destroyed, or missing... • • • and'preparing it fo(sele, - You agree to pay us all you owe under this contract f. We will sell the vehicle H you do not get a back. H you . even it the vehicle is damaged, destroyed, or mtssing. do not redeem, or, at our option, reinstate, we will soft the b. Using the vehicle. You agree not to remove the vehicle vehicle. We will send you a written notice of sale before from the U.S. or Canada, or to sell, rent, lease, or selling the vehicle. transfer any interest In the vehicle or We contract We-will apply ft money from the sale, less allowed without our written permission. You agree not to expose expenses, to the amount you owe. Allowed expenses are the vehicle to misuse, seizure; confiscation, or expenses we pay as a direct result of taking the vehicle, involuntary transfer. If we pay any repair bills, storage hok(kmg It, preparing it•for sale, and selling It as ft law bills, taxes, fines, or charges on the vehicle, to the allows. Reasonable attorney fees and court costs the law • extent permitted by law you agree to repay the amount permits are also allowed expenses. If any money Is left -when we ask for it. (surplus), we will pay It to you unless the lawrequkes us to c. Security Interest pay ft to someone also. If money from the sale is not enough You give us a security interest in: to pay the amount you.owe; you may have b pay the rest •. The vehicle and all parts or goods put on ft; to us. If you do not pay this amount when we ask, we may • AN money or goods received (proceeds) for the charge you interest at a rate not exceeding the highest vehicle; lawful rate tml you pay. • All insurance, maintenance, service, or other g. What we may do about optional Insurance, contracts we finance for you; and maintenance, service, or other contracts. This contract All proceeds from insurance, maintenance, may contain charges for optional Insurance, maintenance, service, or other.oontracts we finance for you. This service, or other contracts. If we demand that you pay all includes any refunds of premiums or charges from you owe at once or we repossess the vahide,we may claim the contracts. benefits under these contracts and. cancel them to obtain This secures payment of all you owe on this contract, refunds of, unearned charges to reduce what you owe or lt also secures your other agreements in this contract, repair the vehicle. If the vehicle is a total loss because it is You will make sure the title shows our security interest confiscated,-damaged, or stolen, we may claim benefits (lien) in the vehicle. under these contracts and cancel them toobisin refunds of d. Insurance you must have on the vehicle. unearned charges to reduce what you owe. You agree to have physical damage insurance h. Summary Notice Regarding Prepayment, Rebate of covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our entire Finance Charge and Relnstatem ent: You may prepay all interest in the vehicle as well as yours. If you-do not or part of the amount you owe under this contract without have this insurance, we may, N we choose, buy penalty. lt you do so, you only have to pay the earned and physical' damage insurance. H we decide 0 buy unpaid part 6f the finance dharge and all other amounts due physical damage Insurance, we will buy insurance that up to the date of your payment. Unearned finance covers your interest and our interest In-ft vehicle. We charges will not be rebated under this 'contract will tell you the charge you must pay The charge will. .be the cost of the insurance and a finance charge at because thew will never be any unearned finance the Annual Percentage Rate shown on the front of this !charges to rebste. If you default and we repossess the - contract or, at our option, the highest rate the law vehicle, we may, at our option, allow you to get the permits. If the vehicle is lost or damaged, you agree vehicle back before we sell ft by paying all past due that we may use any insurance settlement to reduce payments, late Charges, and expenses (reinstate). what you owe or repair the vehicle. e. What' happens- to returned insurance, maim a. WARRANTIES SELLER DISCLAIMS tenance, service, or other•conirect charges. If we The following paragraph does not affect any warranties get a refund of insurance, maintenance, service, or covering the vehicle that the vehicle manufacturer may covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our entire interest in the vehicle as well as yours. If you-do not have this insurance, we may, if we choose, buy physical' damage insurance. If we decide to buy physical damage insurance, we will buy Insurance that covers your interest and out Interesi In-the vehicle. We will tell you the charge you must pay. The charge will. .be the cost of the Insurance and a finance charge at the Annual Percentage Rate shown on the front of this contract or, at our option, the highest rate the law permits. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What ' happens. to returned insurance, main- tenance, service, or other-contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may- subtract the refund from what you owe. 3. IFYOU PAY LATE OR BREAK YOUR OTHER PROMISES a You may owe fate charges. You will pay a late charge 'on each late payment as shown on the front. The fermi 'heavy commercial motor vehicle" means any new or used motor vehicle which is (i) a truck or truck tractor having a manufacturer's gross vehicular weight of Ili- teen thousand (13,000) pounds or more, or.(fi) a semi- trailer or trailer designed for use in combination with a truck or truck tractor. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making late payments. if you pay late, we may also take the steps described below. b. You nlwy have. to pay aN you owe at once, if you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means; • You do not pay any payment on time; • You give false, incomplete, or misleading Infor- mation on a credit application; • You start a proceeding In bankruptcy or one is started against you or your property; or ? You break any agreements In this contract. The amount you will we will be the unpaid part of the Amount Financed plus the earned and unpaid paq of . the Finance Charge, any late charges,. and any amounts due because you defaulted. Finance Charge and Reinstatement: You may prepay all or part of the amount you owe under this contract without penalty. If you do so, you only have to pay the earned and unpaid part of the finance charge and all other amounts due up to the date of your payment. Unearned finance charges will not be rebated under: this !contract because there will never. be arry unearned finance charges to rebate. N you default and we repossess the vehicle, we may, at our option, allow you Ao get the vehicle back before we sell It by paying all past due payments, late charges, and expenses (reinstate). 4. WARRANTIES SELLER DISCLAIMS The following paragraph does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. The following paragraph also does aQt apply at all H you bought the vehicle primarily for personal, fatuity, or household use. Unless the Seller makes a written warranty, or enters. Into a service•contraht within 90 days from the date-of this contract, the Salver makes no warranties, express or implied, on the vehicle, and there will be no implied, warranties of merchantability or of • Illness' for a* particular purpose. 5. Used Car Buyers Gulde. The information you see on the window form for this vehicle is purl of this contract. Information on the window form overrides any contrary provisions in the contract of sale. • . Spanish Translation: Gufa pare compradores de vehfcuios usedos. La informacifin quo ve on. el formulario de Is ventaniNa pare este vehfculo forma .parte del presente contrato. Le Informacl6n del forinulario de In ventenilia dale sin efecto tods disposiciGn en contrarlo contenido on of control* do venta. 6. Applicable Law Federal law and the law of the state of the Sellers address shown on the front of this contract apply to this contract. NOTICE: -ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR WULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED- PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE.DESTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Fan Na• MPA IM . CERTIFICATI: OF TITLE FOR A VEHICLE RteMIMP_: ?`. wTrrATn`Yta grtalawt?'?iwroielwi ?f?w w??=?? ?1"?-'r-x•--zz-ixi i 11r0{IYMgORMA(S; 1 i* MARK J RODAK 25 W-14ywn, -- +Y CAMP HILL PA 17011?-i?" IIMT l1rY IAWI101• iEtpq YNM IAYp1Qi. 13ANK OF AMERICA N A .r.. YrMw Y .+a Y?r IRbsb1 a w Ra Yn Tw Nw YraaAr ... rw N =... N Sirru r YAO. rIwY1 w M fAST iiNNIFASYD ' AWMYRMWW tmw 'R' erode wu u4ASre rMwAnA . W-K YYNNI'i ANNNL60 N RN BANK OF AMERICA N A PO BOX LA754 JACKSONVILLE FL 38003 t . t Mh M O A Aw r bR'Y, r RNNr Ib.w M Iq Yb?lw.+ Dlr.?++ ALLEN D BIEHLER r =r?W W Ywq Yr WNI b bAVT Ww1 R yr \ w YN w s 1 SVSW N b1YDRN TO upon on W. YK• R S MFnalrrb IINID NYA ywr SpgYN • YNM M YSY Irr1N NM S/S N N ISbO tl'JaMR saWlr Yq?1 W" N f11TMNiS1U' R'/ 1YOP M SM An- = orYr. NbynSTY bl.bbN RwwJ GLLCK /4RN CY ObrLRYw luo wAMMYtNrYTaYnyMM?a?QOq dSYNI Mow s w, ilb"d bwla q IYAYM RWI a gaYw *W)tAY9WKQ 61MANNLTTSr IryIY1r(i WAM MONDO til YIFWgDNR ISIYNLILL Kmi/qp1 NRWR 1sf l?N1ClDiR Wl[ $Taw DTI STAIN A ? ,,, `N` rND/M IfNCKG1C eTrR AMµnYrnN.RN gND.TMO'1 VYiQ NOLi ..w..wwr?rriw w .. w e..r (? r+w?w. O LIDIpWDIR IgygYY M71TN1NNn{MNrR B? Y Yi r11DLIVAIO{RNR Nr1E N RYwMYAI ?rhfrwlbl y.aww.yA.... 00 .nqv .... ?.__.?rwlbv b'WMwyM?AA?l b'M.4YivrR .- NTATr 211 EXHIBIT (1211 -m-mommom"Mmm"m 'i?Y1. AA » o a • i• •o VNMI nplp? flN/ VWLCM br f0id?. WARNIP --!.T 4 i r ' 'a mAr ?roi? ' rcTN? in[ L.r n c d ? rNTi-IULx?Ti owN .r€.?ur-1 ?' o ne .sr.?,r r , r.KL On "' AY...a»...V.Y,.A... «*. t "?- °?•-• --- N • A. ?ssa+ral!rtraF nt?.e • -ryas- am., .....N....a•..MI......N.. Mr Wb. rr NiMS+vr' M.».yr M.ar N..nn s..y b R?.•ynMr W.LApN.r ?... . F;v L.;i i?±: i?'e •. X rran Ches... nwa+.yr N N...ew •ny{, ._-. _? _` ?_ -_._ _ ? A »•lY r1SIM MN+v?•YwrYeM? .L[NxLS _? 5 D Ariewil-C., w.• ? -•_?-••? •??• YWVMiaYINN?N.M.wr MM F.N.,wY.z. N.W x»pnsrO•Aw10I ? --.-•••? .?. -,?? MYILW? N `IIN»??YY?.O _ SI.n N -?g.Wt.LQ •?•• suescraeEOANOSwonN -. ?•'- - .-• -? r0 BEFDAF ME .?... 1LI I g ' WNOMM.IL»t M»I»111v M.MM hIN Slssvsr ?MN• I.FT I.s. Yppt sl[? `- a:::?..'i bM•MwnlNwyp r MNOrh0111iyy zz NMLIMNYIMPLMiYy 1M0 1? KAMNAG ORM1M X10 ?•?. '? -?-?? ?? ?•? ?•? -?_? N.ab»w.Y/NN M.IN»ra.rla•rrow.Y»? rV wNNwnww.r W? 11 N)MY? iD ?EFONE NANO MOM sous- y www.rtlp IAO -_ _O?N7lL7a(d41!VYY6L•Pr4>i•_"..?_.-.._l __ ? _ _.ht?WLYyIYL.?, ..._ -.._.. q8[ i ? F- ?iwt w» - -. - IrftYMr.bh lM Yq1.t.».aWSSSMM•NP•.Y NYNr .KS Ms. ? S..i i -v.??' .'Yp r. J x »Y...» W.A NaR1 .N•n 11r.11f11. ?F.yl?•LN.p TILL rwN ft M»rS1 »»ay[ ; t yNp. LN?L??yyA.1.rp 04Ff01M[, .rN..16 wAR?Y1Yn» W N'.•.0 O»...INY VnY»•/ s?•{n •'????- •-? '?? wYAr.•Q beh..M•.•wIFa.LaM.I.wwN.N»..i.•»Awox .!Ob•S• .?- ? -_ - laAirJ.INii)?ANp cwDlw Mf?+wA1]LN...-... . ? _,T oNww»nSSIAtC___. ?_ d ! ? »..W?.r t?AA1[ MMi WN wy?» h•.•.? »sr N.wsssw». n1.r-Yr f.MS • VV' '. J.i1_.•. ?iC•?L ``sJ X wM Y1 M?YtMN.OW .+»NLYNMM. ?MNa?SO? Mryy q i ri?['LryO»SrhbMr W.Lr Yw1M n?L ?Q7FIWe ,.•?.-_? ._? _? .-? -...?_.- Q 1.? ba?w MY?nMirY?Y ?r'' ?1 d1?ppii„?yy 'Kj .pA•0' I SM -.?....._ -?...?_- ?_ ?--=_ ' W/.,YI..O.rN/•MNNI.N[»MIF J n?•n'r.D Y AoOHbi TY SUB6CSMN[DAND 6WDRN 70 ?VOSI! N(. •_- _-•? N.Ix <`• ?_ .1.'1IC141[ r[?t -••• •-_•• ww ..,u»oyuq?Ny?srwsq,gsa. ?.. ?.?-.•-- _ FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain a Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint, which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from date of service of this Complaint upon you, and if you request verification, we will not move for Default Judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from date of service. EXHIBIT is 3 " VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C. S. 4904 relating to unworn falsifications to authorities, that he/she is A(N ) of?`, , plaintiff herein, that TITLE (G?WANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint in Replevin are true and correct to the best of his/her knowledge, information and belief. (SIG This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. WWR# p 78'3 i 1 os" A,f i 630 Do2Ods'.S"S2 3 f ILED-' i - ,kOF OF THE M_411,NOTARY 2009 NOV -2 Pry 3: 37 *78-5o Pa ATN m f94qo 23a 88a SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Fi~s:~- ,- '`.- Sheriff ~`= T! `?~i~'f Q,~+,ttu ~[ ~rrrRj,~,~,~~~ Ronny R Anderson ~ ~ LCD h ~~'y~ ~ j I`; j; Chief Deputy Jody S Smith ~' Civil Process Sergeant ~~~ F ~ ~ ~ E. ~ ~ ~~~r~ C V ~ ~ - ` ~'~J ~- .': Edward L Schorpp Solicitor Bank of America, NA vs. Case Number Mark J. Rodak 2009-7578 SHERIFF'S RETURN OF SERVICE 11J09/2009 04:37 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2009 at 1637 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: Mark J. Rodak, by making known unto himself personally, at 25 North 19th Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 10, 2009 SO ANSWERS, ~~~ e~ R THOMAS KL1NE, SHERIFF By Deputy Sheriff ~ ill?lfi ) ~ SI'e-1~f TP:.C 54~f1. ll?G. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., , Plaintiff, vs. MARK J. KODAK, Defendant. Case No.: 09-7578 MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esq. PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 ('7 N f^- , c_-a „ " i ~ c.a -ri r , ~ ~ - ~~ ~, ~ ~~ - c:.:a S `... ~ ` -- i _. . . ~. ~ ~ i~ : "i Ca. . .... .,~ WWR No. 7831105 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff, Case No.: 09-7578 vs. MOTION FOR SUMMARY JUDGMENT MARK J. RODAK, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. On or about November 2, 2009, Plaintiff filed a two count Complaint in Replevin against Defendant seeking possession of its collateral, a 2005 Porsche GT3 Serial Number WPOAC299255692217, as well as for damages of $54,016.04 under the contract. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Defendant filed an Answer, a copy of which is attached hereto as Exhibit "B" and made a part hereof. 3. In his Answer, Defendant admits to signing the contract, to having taken possession of the vehicle, and to Plaintiff s security interest in the vehicle. 4. Defendant has not alleged that his payments under the contract are current. 5. Defendant's Answer does not contain New Matter. WWR No. 7831105 6. On or around December 29, 2009, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 7. No response to the discovery demands has been received from the Defendant. 8. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he signed the Pennsylvania Motor Vehicle Installment Sale Contract; that he was to make 60 consecutive payments of $1,088.24 each month beginning February 4, 2009, pursuant to the Pennsylvania Motor Vehicle Installment Sale Contract; that he has made no payment to the Plaintiff since July 21, 2009; that he has not submitted any written dispute as to any accounting inaccuracy concerning the amounts owed to the Plaintiff; and that as of October 16, 2009 the current and accurate balance of $54,016.04 is due the Plaintiff. 9. Attached hereto as Exhibit "D" is the affidavit of Betty Gonzales, a duly authorized representative of the Plaintiff, who stated under oath that Defendant defaulted under the contract by failing to make any payments after July 21, 2009, and the balance owed on the contract, as of April 6, 2010, was $58,892.96. 10. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 11. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WWR No. 7831105 WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant, Mark J. Rodak, for the possession of the 2005 Porsche GT3 Serial Number WPOAC299255692217 and for damages in the amount of $54,016.04 with interest at the interest rate of 6.74% per annum from October 16, 2009, and costs. Respectfully Submitted: By: James C. PA I.D. # WELTM. L.P.A. 1400 Ko 436 Sev ~ Pittsbu (412) 34 Wa~tfibrodt, Esq. WEINBERG & REIS CO., ~ rs Building h Avenue PA 15219 7955 WWR No. 7831105 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff vs. MARK J RODAK Defendant No. COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07831105 EXH BIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff vs. Civil Action No. MARK J RODAK Defendant COMPLAINT IN REPLEVIN AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. OF 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COUNT I -REPLEVIN Plaintiff is a corporation having offices at 275 Valencia Avenue, Brea, CA. 92823-6340. 2. Defendant is an adult individual residing at 25 North 19~' Street, Camp Hill, PA. 17011. Plaintiff is the holder of a Retail Installment Sale Contract (hereinafter the "Contract"} and Security Agreement secured by a vehicle duly executed and delivered by Defendant in favor of Sun Motors Imports on or about January O5, 2009. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the vehicle more particularly identified in the Contract as a 2005 Porsche GT3, Serial Number WPOAC29925 5692217. 5. Sun Motors Imports subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 6. Under the terms of the Contract, Defendant was to make Sixty (60) consecutive monthly payments of $1,088.24 beginning February 04, 2009. 7. The total principal amount due to Plaintiff pursuant to the Contract was $55,300.28. 8. Plaintiff maintains a first lien on the aforesaid vehicle by virtue of the Certificate of Title issued by the Commonwealth of Pennsylvania Department of Transportation, a true and correct copy of the Certificate of Title is attached hereto, marked as Exhibit " 2" and made a part hereof. 9. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to snake the required monthly payments. 10. Plaintiff is entitled to immediate possession of said vehicle which Plaintiff holds a security interest in and any proceeds of the vehicle, including insurance proceeds by virtue of Defendant's default. 11. Defendant has made partial payment under the Contract Leaving an unpaid balance in the amount of $53,012.07 as of July O5, 2009. 12. Plaintiff avers that the Contract provides for finance charges at the rate of 6.74% per annum. 13. Plaintiff avers that finance charges from July O5, 2009 to October 16, 2009 amount to $1,003.97. 14. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remains in possession of the vehicle at the above-stated address. 15. By virtue of Defendant's default, Plaintiff has an immediate right to possession of the vehicle covered by the Security Agreement the value of which is $49,700.00, plus continuing finance charges at the aforesaid rate of 6.74% per annum. 16. Under the terms of the Contract, Defendant has undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, Mark J. Rodak, individually, in Count I of this Complaint In Replevin, as follows: A. For possession of the vehicle, more particularly identified as a 2005 Porsche GT3, Serial Number WPOAC299255692217 COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 17. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this Complaint in their entirety as if the same were more fully set forth herein. 18. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendant's default for the accelerated balance due under the Contract in the amount of $54,016.04, plus appropriate additional finance charges at the rate of 6.74% per annum on the balance due from October 16, 2009 and costs 19. Under the ternzs of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 20. Plaintiff avers that such attorneys' fees amount to $125.00 to date. 21. Contemporaneously hereunder, Defendant has been advised of his/her right to dispute the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto, marked Exhibit " 3" and made a part hereof. WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendant, Mark J. Rodak, individually, in the amount of $54,016.04 plus continuing finance charges at the aforesaid rate of 6.74% per annum from October 16, 2009, expenses for retaking possession, attorneys fees of $125.00 and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. 6./ William T. Molczan, Esq e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:07831105 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. . RETAIL gNSTALt1V1EPIf SALE Cpt+ITRACT DEAL 4590 ~ SiMP1.E FlhtAhtCE CHARGE $TK X310 DeatertQumbar CantradNumbar Buyer Name and Address Co-Suyer Nama and Address Creditor-Setlar (Name and Address) gnctuding County and Lp coda) (sxtuding County and z;p code) S N MOTOR 1 (}PORTS 1 RK RODAK 4 34 CARLISLE PIKE k 19TH ST C MP HILL, PA ;rMP HILL PA 17011-3923 1 011 You, the 13tayer (and Co-Hoye , if any), may buy the vehida below for cash or on cred'd. By signing ribs contrail, you choose to buy the vehicle vn credit trrufer the agreements on the troni and back of this contract. You agree to pay the Creditor -Seller (sometimes bve" or'us' In this contract) the Amount Fnanced and Finance Charge In U.S. funds according to the payment schedule below. We wlk flgure your finance charge on a dally basis.Tha tttrtty-In-Lsncfing Disclosures betaw are part d this contract. Make hpg Gross Vehl- New/UsedrDemo Year and Modal cular Weight Vehicle ldentificatlon NumLer Prirsury Use For WMch Purchased ~ amayorhousatwld NEW c 005 PO SCHE POAC299255692217 D bttsl ess GT D agricultural D FEDERALTRiJTH-IN-LENDING DISCLOSURES ANNllAL FINANCE Amount Total of Total Safe PERCENTAGE CHARGE Financed Payments Price RATE The do8ar The amount of The tunotrM you The total cost a The cos( of amount the «edll pravlded wiA have peld after your purchase on your credfi es oredn w1n to you or you have made all cred,t, inclutlirrg a yearly refs. cost you. on your bet,an. paymerAs as your down scheduled, payment of s ono 1s b.74 q, $gQ,94.17 X300.?R $5794.40 ~5794.4D Your Pa rttent Schedule WIII Se: Number o1 Amount of Wnen Paymenu Pa meMS ants Are Due OAA. Momh-y be9tnnln9)9 JO n Or.4s Follows: Leta Charge. M payment is not paid In ftAt wnhirf 10 days after i1 is due, you wig pay a late charge. H the vehicle is a heavy commensal motor vehkb, the dtarpe vr~I be a7. of the part d the paymerd drat is late. tTtiterwise, the charge vaN De 2% per month of the,part a the payment that is tats. figured based on a brq calendar trbnth for any part a a month that is more than 70 days PropeymeM. N you pay off eq your deW awry, yov wttl not taw to pay a penally. seatrity lntercsL• You ere g;ving a security irderest in the veh"rile being purchased. Addtdoniir Informstlon: See drls cordract kr more information lnchxinp Irrbrmellon atwul nonpaynren6 • defaWt, any requited repaymxrl Fri full Isetore gta erliodeded date end saeurMy krituesl .. - lTEiIIZATION OF A1dDUNT FINANCED t cash Price (utdudng S 2b85.89 sates tr,:r) 2 TotalDo~wnpaymeN. Tradotn 1999 Tredo-4t (1fA7 t 7Q1Fr79159 I oo>q Gross Trade-ln Agavanco Less Pay OII Made By Seller Equals Netrnde M r Cash , ti Ottrer N r A (y total dawnpeyrner~t is neSa.He. erdar'0' and see all taabr~ 3 Unpaid Balance a Cash Price (t minor 2) 4 Od>ar Charges lndt>DInQ Anburrls PaW ro Others onlbut BahelF {seller may ta+ep part a those amovnk): • A Cosa a Opaanat CredA Insurerce Psld b Insolence Company « Companies . tits Term S N7A _ DisablHv Term S N/A B Other Optlorsal trtsurarce Paid to It>SUranca Company«Companles i0sscrlt~A Tarrt~t / A (Dascrg~)1A Term! A C Oflldal Fees Paid to Goverrxnerit Agendas NtoA Abp A NA ,~rA D Optbnal GaD Conlraq E Government razes Not Incbded in cash Prke F Govenu~rd l.itanse anNa Registra:ilxt Fees - LICENSE & REG FEES G Gwemmenl CorUlicato olTrtle Fees . Qrrctudas s >; nn seadty hterast recording tae) H Other Charges (Segermst ideraifywhoa paldand descdDe DutDCSeI N 16q br Prior Cred'd «Lease Balantce S1Ntr MOTOR IMPORTS ftldCUMENTARY FEE N 164 @G.r'~t _ N t64 [rdA _ 5S1Sn.~A (,~ SISnn SIlL_ . sZ,rnn nn s a.r a S M(Q S a/A- S n nn n) 65] 50 ~8 (a> btaurerxa You may buy the phyrsk•~t darnege Gn~a- ance nrts conbacl requires (see betlQ form &rYab yw choose who k accaplaCle to us. Yau are trot required b buy any Other lnsurdnce b obtain ciedtl If arty tnsurartca h Gtedred bobw: pogclas a cen'd~cates hero the corned insuance comparYes wit doscdbe ttw (arms and condr6ons. - Checkthe Insurertce you wren( find efgn fxbw: Optional Credit )naurance ^ Credl tra: Q Buyer ^ Co-Buyer O Both D Credr Disabury (Buyer ony) Premitrfm Creda Lila S N ~ A CredI Disai>rtiy 5 N J A frwtxaKe,Comparty Name NitA ~iv.Ti'v ,u~°ns N/A Credi ifs lnaaarrce and aeda Insurance ore not requsaed b obtain aedd.Your dedsion b «not dry aeda tae inararco end aedd 5wnance r81 not t» a factor M the credit aDDrwal P~~ x~l rat be pro+ided udass yywou sgn evil ogres b the extra coot. N you choose Wig ymtrance, tlto cost b shown M pam aA of the Mondze0m of Ampid FxtaMtid Cledd ih iruiaarrt pays the urpeidparlot dw Anuura Faunccd H you ills. Tnk btwrertro pays Doty the Credl d s cif Irauranee~ Pe;d eC yew pgmreras m tens. urderth'seontyiaetwhNeyomare obbd.Thb doss not toner arty icroaae h your pp~~ymm~~M a in the awrrber d payrt>artts. The poides a teriricates issued by the rarnod asurarice companfas map WN»r itnp the repa oral uadit IFS instrrar>ce a c+clit dcsabiay kttwance~prbridoS Sea the ~ certificates 1a coverage Mils a other tame std Other OpUone! Insurance S N!A S S s iu~A S NjA $ NIA $ NIA $ ~A g a~ nn S ~7.5~ ~ NJA - g 50.00 1~ N/A s N!A D N./.R K/0. type d Insaance Term Pretrium S N / A Description a Covordge Ira+tratxm Company Name Home 0lice Address IVfA p ~1A Hjn Type a Insurance Term Premim S N ! A Descnptim of Coverage . N/6 'insurance Comparry Name N,j~ Home Ofikro Address Older optional iruurrnce is rwt+equired b obtan aedtYar decision b tntyor rot toy other optional Insnxarco wi not be a lacbr th the trade approval process h wig not bo prwdad unbsa you sign aril agree b pay as mare cost. i vrarri the ins+tretrA checked eba~e. X NIA Byer sigrmture Dab ~' ~~~ rt~ ri ~~ (DeuritHy„ Term! A S (pescruld}r Torrnt /A S C ONkial fats Paid to Govemmant Aaaerrries RIGA itd/A S tj,/A NSA rtoiA S a1n NSA r1b1A $ NIA D Optional Gap CorNrea $ N / A , E Garerrrrreet Taaas Hot Inclded in Gash Prke $ N f A F Gorrernnrai4 ixerse erdra rieg'so-dtiorr fees LICENSE & REG FEES S n~ nn G GwermrrsrtCerlBicataofTaleFaes . pncrudas i t: nn setvtity interest recording fee) S ~ ~ . ~Q N Other Ctrergas [SeNar nxsl identify wtn a pad and dascdbe purpose! k 16A for Prior Credd a Lease Balance S k/A ' StdM t)070R IMPORTS {iDCUt1ERTARY fEE S 80.00 t1t64 11Vr'A $ NIA N i64 ~ Ik~lA S k /A Nto4 i4lA S k/A ktb4 IbfA S :k/A TDralCtlhelCrklgeSendA+710UntSPa+dtnOlharsunYanBdua $ 149. SO (q) 5 AmourtFrtiarced(3+4) ~ (SS30t1.9R (5) ti FYrarrceCharpe 5999-0. 17 (6) 7 TotalolPaynuras-TimeBoWnca(5+6) (g~794.-0(1 (/) NIA Nome Mice Address 1lfA D.~/A J'3/n Type of Insurance Term Premium S N / n Dosaipdon of Co~erago N!A IrKrr2rKe Company Name -~'-1 A -- Home Otfco Addess N!A Direr optional'rxurarce & not regaled b ordain pedl.You deasi0n to twy of rot buyothor optlorel ksrrrxtco xgf ratbe a kaor in the uodA epprrrsl process. h rut rat ba prouidod tr>bss you sign and agree to pay rho exbtt scat 1 wain the irsurerrce checfcad ebma X k/A Buyer Signature Date X k!A Co-Buyer Signature Data THIS INSURANCE DOES NOT CiCLUDE INSURANCE ON YOUR UA9IUTY FOR BODILY INJURY OR PROPERTY DAIAAGE CAUSED TO OTHERS. ' If you do not meet your contract obligations, you may lose the vehicle. Returned Check Charge: You ages to pay tlta eats we. a,>rlaky pay to ottrHS it any check you gie re's rishomM. OP110N: ~ You pay ra finance charHe if the Amount Financed, item 5, rs paid In iv! on or bctlore . Year. SEll.[R'S W11TAL5 OPTIONAL. G AD C<)NiAACI. A gap mnbaU (debt rxraefation mrrtrer.•$'s rat regt5red to otmb ae61 end rrpr rat be podded unions you sign below erd agree ro pay the ante drarpe. n you d+oose m buy a pap eorb-st ih, drarge 1s 9atvn in 14en+ 40 d the Itertiva6on of AmourA Financed. Sea you gap aonbad bt demos on Ilia Femra and con6lfors tt porides. Y Is a part d ItBa mntart ~,,, N/A ~„ k1A Marna of Gap contact ! want m tx,y a gap mriaart 8vyer Silts ii ' NO COOLING OFF PERIOD ' State law does net provide fora "cooling off"or cancellation period for this sale. After you sign this contract, you may only cancel It if the seller agrees or for legal cause.You cannot cancel this contract simply because you change your mind.This notice does not apply to home salicitatfo» sales. - NOW THrS CONIRACI CAkt BE C)1ANGFD. This cont2d contains the en yarsna us relating to this tontrad.My cfiargs to ih~ cattract must be in writing and we must sa31 iE No Drat changes are binding. Buyer Signs ~ Co•Buyer Signs JXC tt any part of this torttact is not va['d, as o4>er parts stay Ya1'd: We y r n+ ardotrang any of Gut fights ruder g1IS cosdract withelrt bsWg itletn. For ttxatnpls, rte may todend iha line tar making some paytrtwlts +vilhout eteendrrg the ti a ers. You alAitor¢e us b obtain in6omtaEat about you, w the valitde yar era yang, state motrx vehicle riepartmed a outer minor vehicle registration alNarities, See back for otl>er Irnportenl agreements. The Annual Percentage Rafe may be'negotlable with the Seller. The Seller may assign Phis contract and retal>t its right to receit!e a part of the Finance Charge. NOTICE TO BUYER. DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE E TiTLEDTO AN EXACT COPY OFTHE CONTRACT YOU SIGN_ KEEP lTTO PROTECT YOUR LEGAL RIGHTS. ' etryer Signs' ~ ~4~)5/09 ~-gayer Signs X Date You agree to t r of this contract.You cantirm chat before you signed this contract, we gave it to you, and you we ire a it review it.You confirm that you received a completely filled-in copy when you signed it. Buyer S1gns' ~~~~5J09 Co-Buyer Signs X Date Co•Buyors erxJ r a person who is responsilib rot paring the entire debt. An ocher owner is a person whose name is on the title b the velrcta but does not have ropey eb1, of er sprees to the security inkresl N me vetide groan to us tt this mnbact, Other owner sgro here X Address selle(~igtts 119TB?i- d3?t?$I~S ^~~5; v~ By X Tiue Se31er assrg>5'vsinten;sf in the cartrect io (Assir~iee) order the terms of Selbfs epreemerx(s) with Assgrea. ^ Assipnodvfithracourse . • ~' • ., ~ ' Assigned w'thout remtxse ^ Assigned with in9lad recourse XX ~ v t I ~w' FORM 110. S53PA aev.+on us A>EM xi am>ez V 00001 A.h.vwt...d Ry.sw. Ce.wq AUNnc...+ms.~c~~1'•mJitr1 9~C16 me r'Arra waazNOwYpurre amrs+oR..vrr,.rsmcoers.n on QR)ailA1AL t.LETttir'JLDER .n„aa.w nwocc w rxa wau ~.rvawow un,u cw.~n. :::C7THER IMPORTANT AGREEWIENTS 1. FINANGE-CHARGE AND PAYMENTS ' a.. How wa will figure Finance Charge. We will figure the~• ~,- Finance Charge on a daily basis at the Annual . Percentage Rate on the unpaid part of the Amount Financed. ' b. How we-will apply payments. We may apply each . payment to the earned and unpaid pari of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contrail In arry ' order we choose. ~~ c. How fate payments or early payments change what • you must pay. We based the Finance Charge, Total of Payments, and Total Sate Price shown on the front on the assumption that you will make every payment on • the day it is due. Your Fnance Charge, Total of • Payments, andTotal.Sale Price:will:be more if you pay late and Less if you pay early. Changes may take the • ~ form of a'larger• or smaller final payment or, at our -• option, more or fewer payments of the same amount as . your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before fhe final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time with . out penalty. if you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. " 2. YOUR OTHER PROMISESTO US a.~ tt the vehicle Is damaged, destroyed, or missing. • You agree to pay us all you owe under this contract even it itre vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest )n the vehtde or this contract without our written permission.You agree not to expose the vehicle to misuse, seizure; confiscation, or involuntary transfer. tf we pay any repair bills, storage . br11s, taxes, fines, or charges on the vehicle, to the • • extant permitted by taw you agree to repay the amount -when we ask brit. r~ Security tnterest. , You give us a security interest in: . •. Tha vehicle and all parts or goods put on it; • • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other . contracts we finance for you; and • AN proceeds from insurance, maintenance, service, or other.contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. h also secures your other agraemeMs in this contract. You will make sure the title shows our security interest {lien) in the vehicle. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering lass of or damage to the vehicle for the term of this contrail. The insurance must cover our entire interest in the vehicle as wall as yours. if you•do not have this insurance, we may, if we choose, buy physical' damage insurance. tf we decide to buy physical damage insurance, we will buy insurance that covers your interest and ourinteresi in the vehicle, We will tell you the charge you must pay. The charge will. . be the cost of the Insurance and a finance charge at the Annual Percentage Rate shown on the front of this Contract or, at our option, the highest race the law . permits. )f the vehicle is loss or damaged, you agree - that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What' happens to returned insurance, main- tenance, service, or other-contract charges. If we get a refund of insurance, maintenance, service, or • .. _ . r.. c. You may have to pay collection costs: !f•you default and .. we have.to go.to court to recover the vehicle, you will pay fhe• reasonable attorney's fees and court costs as the law permits.You will also pay any attorney's tees and court costs . a court awards us. d. We may take the vehicle from you. tl you default, we _ . may take (repossess} the .vehicle from you if we do so . peaceiuAy and Ihe• law allows it. !f your vehicle has an electronic tracking device; you agree that we may use the ' device to find the vehicle. lt• we take •fhe vehicle, any • accessories, equipment, and replacement .parts wiU stay with the vehicle. lt any personal Hems are in the vehicle, we ' maystore them for you at your expense.lf you do not ask for these items•back, wa.may dispose of there as the law allows. e. How you can get the vehtde back If +,ve take (L If we- • -.•repossess the vehicle, you'tnay get It back•by paying the unpaid part of the Amount Fnanced Pius the earned and unpaid part of the Financa Charge, arty isle charges, and any othei amounts lawfully due• under the contract (redeem)_ Your right !o redeem ends when we sell. the • vehtde. We will tell you how much to pay to redeem. If wa repossess the vehicle, we may, at our option, allow; you to get the vehicle back before we sell it by paying all past due payments, late charges: and any other amounts due because you defaulted (reinstate). We wi0 tell you it you may reinstate and how much to pay if you may. ti you are in defaul# for more than t 5~days when we take the vehtde, fhe amount you must pay to redeem or reinstate wiU . also Include the expenses of taking the vehicle, holding it, • and"preparing it for sale.- • t. We will sell the vehde i4 you do not get It bade. tf you . do not redeem, or, at our option, reinstate, we wUl sell the vehtde. We will sand you a written notice of sale before selling the vehicle. ' We •wiR apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are • expenses wa pay as a direct result of taking the vehicle, • holding it, pn:paring it'for sale, and selling it, as the law allows. Reasonable attorney fees and court costs the law permits are also allowed expenses. H any money is left (surplus), we will pay it to you unless the law requires us io pay it to someone else.If money from the sale is not enough to pay the amount you.owe; you may have to pay the rest • to us. if you do not pay fhks amount when we ask, we may charge you interest ai a rate not exceedirxg the highest lawftrl rate until you pay g. What we may do about optional insurance, maintenance, service, or other contracts.Ttas contract may contain charges for optional insurance, maintenance, service, or other contracts. 1f we demand that you pay a!I •you owe at once or we repossess the vehicle, we may claim benefits under these contracts and. cancel them to obtain refurrds ot• unearned charges to reduce what you awe or repair the vehtde. U the vehicle is a total toss because it is confiscated,. damaged, or stolen, v+e may claim benefits under these contracts and cancel Diem toobtain refunds of unearned charges to reduce what you owe. h. Summary Notice Regarding Prepayment, Rebate of Finance Charge and Reinstatement: You may prepay all or part ~ the amount you owe under this contract without penalty. If you do so, you only have to pay the earned and ~unpaidpart of tt-e fnance btrarge and all otheramounis due up to the date of your payment. Unearned finance charges wlfl not be rebated under this 'contract because there will never be any unearned finance charges to rebate. If you default and wt: repossess the vehicle, the may, at our option, allow yeu•to get the vehicle back before we sell R by paying a@ past due payments, {ate charges, and expenses (reinstate). 4. WARRANTIES SELLER DISCLAIMS The following paragraph does not afieti any warranties covering the vehicle that the vehicle manufacturer may covering Toss of or damage to the vehicle for the term of this contract. The insurance must cover our entire interest in the vehicle as well as yours, h you•do no! • have ibis insurance, we may, if we choose, buy physical' damage insurance. It we decide to buy physical damage insurance, we wit) buy insurance that covers your interest and ourinteresi in•the vehicle. We wiU tell you the charge you must pay The charge will. ~.be the cost of the insurance and a finance charge at the Annual Percentage Raie shown on the front of this contrad or, al our option, the highest rate the law permits. I1 the vehicle is lost or damaged, you agree • that wa may use any insurarica settlement to reduce what you owe or repair the vehicle. - e. What-happens. to returned insurance, main- tenance, service, or other contract charges. It we get a refund of Usurance, maintenance, service, or other .contract charges, you agree that we may- subtract the refund from what you owe. 3. IFYOU PAYLATE aR BREAKYOUR OTHER PROMISES a. You may owe isle charges. You will pay a late charge •on each late payment as stsown on the front. The term °heavy commeraal motor vehicle" means any new or used motor vehicle which is (i) a truck or truck Tractor having a manufacturer's gross vehicular weight of fif- teen thousand (ib,000) pounds or mace, or-(ii) a semi- trailer or trailer designed for use in combination with a truck or truck tractor. Acceptance of a late payment or • late ctrarge does not excuse your late payment or mean that you may keep making late payments. - if you ray late, we may also take the steps described below. b. You may have. to pay a1I you owe at once. If you break your promises (default), we may demand chat you pay all you owe on Urls contract at once. Default means: • You do not pay any payment on time; - • You glue false, incomplete, •or misleading infor- • . • motion on a credit appTicatior.; • You start a procesding in bankruptcy or one Is started against you or your property; or • You break any agreements in this contract. , The amount you will owe will be the unpaid part of the Amount Fnanced plus the earned and unpaid part' of . the Fnance Charge, any late charges, and any • amounts ~e because you defau4ted. - Finance Charge and Reinstatement: You may prepay all or part of the amount you owe under tfiis contract without penalty. If you do so, you only have to pay the earned and • unpaid part 6f the finance charge and all other amounts due up to the date of your payment. Unearned finance charges will not be rebated under this 'contract because thane will never' be arry unearned finance charges to rebate. ff you default and we repossess the vehicle, are may, at our option, allow you.to get the vehicle back before we sell it by paying all past due payments, late charges, and expenses (ralnstatej. 4. WARRANT1E55ELLE•RDISCLAiMS The following paragraph tloes not affect any warranties covering the vehicle that the vehicle manufacturer may provide. The following paragraph also does t]Ql apply at all if you barght the vehicle primarily for personal, family, or household use. Unless the Seller makes a written +rrarranty, or enters. Into a servlce'contract within 90 days from the date•of this contract, the Seller makes no warranties. express or Implied, on the vehicle, and there wfU be no implied- _ warranties of merchantability or of fitness' for a- particular purpose. - 5. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this . 'contract information on tfte window lorm overrides • any contrary provisions in the contract of sale. Spanish Trarisiaiion: Giifa y,arii cuT~N~aiuvPas ~a vehfculos usados. l.a informacion qua ve en. el formularlo de fa ventanilla pare este vehicub forma _parte del presente contrato. La Iniormacldn del formulario de la ventanilla deja sin efecto lode disposicidn en contrario contenida en el contrac de vents. ti. Applicable Law • Federal law and the taw of She state of the SeOe>'s address shown on the front of this contract apply to this contract. 1; - ~._`. - NOTICE:•ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT IS SUBJECT TD ALL CLAIMS AND DEFENSES WHICH THE DEBTOR CDULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED' PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER 8Y THE.DEBTOR SHALL NOT EXCEED APAOUNTS PAID BY THE DEBTOR HEREUNDER. r-or„ No: 553-PA lA8 . .. - . -. 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S ~ VBIiCgNED AND SWD/IN -- -' -- -' -- `- '"~ T O BEFORE MC. „[ Pw Fa.*cl f J I j w r ~ _ ! n p~KNxssATNOOn- _~99•rr•Ftar .~•2ts_ .._ ._ SO D:a/uaO..A[p wsT a ~ -_ - N u rR reF r.a~ipmun w.F aCpT . ~, ~ ~CMECK MERE li AP7L1CA710N FOR DEALER TRLE AND COMPLEZE SECTION D. TtTLINO FEES S I FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain a Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint, which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from date of service of this Complaint upon you, and if you request verification, we will not move for Default Judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from date of service. EXHIBIT •3 " VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C ~S. 4904 ~' ry ~ J r~- relating to unsworn falsifications to authorities, that he/she is - ~~ -~ -'~~ ~ ~ ) ' /~,~~ ~ ~~,~.~-~:J ,Plaintiff herein, that ~~ (TITLE) (COivfPA~} he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint in Replevin are true and correct to the best of his/her knowledge, information and belief. (SIGN~iTUI2B) This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. wwR# p 7~'3 ! I ~ .~ Au.f ~ 63a1 po2Dd~.S~~2 ~ `''c ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff Docket No. 09-7578 vs. :Complaint in Replevin MARK J.RODAK Defendant ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COMES, defendant Mark J. Rodak, by and through his attorneys, Dethlefs- Pykosh Law Group, LLC, and files the following answer to the Plaintiff's Complaint, COUNT I -REPLEVIN 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted 9. Paragraph is a conclusion of law to whici~ no response is required. To the extent that a response is required the paragraph is deemed denied and strict proof thereof is demanded at trial. 10. Paragraph contains a conclusion of law to which no response is required. To the extent that a response is required the paragraph is deemed denied and strict proof thereof is demanded at trial. 1 1. Denied in part. Defendant admits that partial payment has been made on the contract buct~(u R T disputes the unpaid balance as stated. Strict proof thereof is demanded at trial. L/~I I~Y) i .. , ~~ - 12. Admitted 13. Denied. Strict proof thereof is demanded at trial. 14. Denied. Strict proof thereof is demanded at trial. 15. Paragraph contains conclusions of law to which no response is required. To the extent that a response is required the paragraph is deemed denied and strict proofthereof is demanded at trial. 16. Paragraph contains conclusions of law to which no response is required. To the extent that a response is required the paragraph is deemed denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests that Judgment be entered against Plaintiff in Count I of this Compliant. COUNT II ACTION IN CONTRACT FOR IN PESONAM DAMAGES 17. Paragraph is a statement of incorporation to which no response is required. 18. Paragraph is a conclusion of law to which no response is required. To the extent that a response is required the paragraph is deemed denied. 19. Paragraph is a conclusion of law to which no response is required. To the extent that a response is required the paragraph is deemed denied. 20. Defendant does not have adequate information to affirm or deny the averment contained in this paragraph and therefore it is deemed denied and strict proof thereof is demanded at trial. 21. Admitted in part. Admitted that the Plaintiff's complaint contains exhibit 3 entitled "Fair Debt Collection Practices Act 30 Day Notice." It is denied that the Notice was provided in accordance with the Act. WHEREFORE, Defendant requests that judgment on Count II be entered against the Plaintiff and in favor of Defendant. Respectfully Submitted, Dethlefs-Pykosh Law Group, LLC. ``~ ,.~ David C. D e, Esquire PA I.D. #2 ~ ] 707 2132 Market Street Camp Hill, PA 1701 ] (717)975-9446 Attorney for Defendant VERIFICATION The undersigned hereby verifies, subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsifications to authorities, that the averments contained herein are true and correct based on the information available. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer to Plaintiff s complaint has been served on this date upon the following parties by first class mail, postage prepaid upon the following at the address(es) listed below: William T. Molczan, Esquire Weltman, Weinberg, & Reis Co., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Date: 1~ l 3 O j r'' l . David C. D e, Esq. Dethlef kosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BANK OF AMERICA, N.A., Plaintiff, v. MARK J. RODAK Defendant. NO.: 09-7578 PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Submitted by: James C. Warmbrodt, Esquire Pa. I.D. #42524 Weltman, Weuiberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR:07831105 COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BANK OF AMERICA, N.A., Plaintiff, v. NO.: 09-7578 MARK J. RODAK, Defendant. PLAINTIFF'S FIRST REOUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a erson s means to state the full name and present or last known address and business address of such erson s and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification", when used with respect to a date, subject -natte-•, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each ep rson who have possession, custody, and control of said document(s). If any such document was, but is -lo longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identi ", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every erson s participating in such an act; (3) identi all other erson s (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the erson s presently (laving possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject Retail Installment Contract referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REOUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and ali documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating the defenses asserted in your Answer. REQUEST FOR ADMISSION NO. 1: Attached hereto as Exhibit "1" is a true and correct copy of the Retail Installment Agreement signed by the Defendant on or about January 5, 2009. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant took possession of the 2005 Porsche GT3, Vehicle Identification Number WPOAC299255692217 on or about January 5, 2009. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: Pursuant to the terms of the Retail Installment Agreement signed by the Defendant on or about January 5, 2009, Defendant agreed to make sixty (60) consecutive monthly payments of $1,088.24 beginning February 4, 2009. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION N0.4: Pursuant to the terms of the Retail Installment Agreement signed by the Defendant on or about January 5, 2009, Defendant was granted a security interest to Plaintiff in the 2005 Porsche GT3 Vehicle Identification Number WPOAC299255692217. Admitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 5: Attached hereto as Exhibit " 2" is a true and correct copy of the payment history containing the date and amount of each and every payment made pursuant to the Retail Installment Agreement signed by Defendant on or about January 5, 2009. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 6: Defendant has failed to make the payments as required under the Retail Installment Agreement signed by the Defendant on or about January 5, 2009. Admitted Denied If the answer to Request for Admission No. 6 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 7: Plaintiff is entitled to immediate possession of the 2005 Porsche GT3 Vehicle Identification Number WPOAC29925S692217. Admitted Denied If the answer to Request for Admission No. 7 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 8: Defendant has not submitted any written dispute as to any accounting inaccuracy concerning the amounts owed to the Plaintiff pursuant to the Retail installment Agreements signed by the Defendant on or about January 5, 2009. Admitted Denied If the answer to Request for Admission No. 8 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 9: The balance owed pursuant to the Retail Installment Agreement signed by the Defendant on or about January 5, 2009, as of October 16, 2009 is $54,016.04, plus appropriate additional finance charges at the rate of 6.74% per annum on the balance due from October 16, 2009 and costs. Admitted Denied If the answer to Request for Admission No. 9 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. James C. Wa~~n~rodt, Esquire Pa. LD. #425~L4 Weltman, Wei}berg & Reis Co., L.P.A. 1400 Koppe Bldg. 436 Seve:t /Avenue Pittsbur , PA 15219 (412)4 -7955 WWR 7831105 • ftETA1L INSTALLMENT $ALE CONTRACT DEAL 4590 SIMPLE FINANCE CHARGE 5TK X320 Dealer Number ConuagNtxnbor Buyer Name or/d Address Co-Bvyer Name and Address Credarx-Seller (Name end Adders) (Including Count' and Zrp Code) (including count' end zip Cade) S N t10TOR 211PORTS ~ RK RODAK 4 34 CARLISLE PIKE N 19TH ST C MP HILL, PA :,HP HILL PA ]7012-3923 1 011 ., You. the Buyer (and Co•Buye4 it any), may buy the vehicle bebw for cash or on credit. By signing this contrail, you choose to bvy the vehicle on credit under the agreements nn the front and back of this contract. You agree to pay the Creditor -Soller (sometimes '\ve' a 'us' h>• this contract) the Amount Financed and Finance Charge In U.S. lunds according to the payment schedule bdow. Wa uAY figure your Ilnanrs charge on e dally btasls.The 7nnly-In-landing D'tselosuras below are pars of Ihfs contract. bloke hq9 Gross Vehl- New/UsodlDomo Year and Modal cuter Weigh) Vehlcte Idenlfllcatton Number Primary Use For Whkh Purchased k tamdyorhousehofd NEW ~ 005 PO SCHE POAC299255692217 ^ burners GT p agr'rculturel D FEDERALTRUTfi-tN-L•ENDING DISCLOSURES ANNUAL FINANCE Amount Toial of Total Sala PERCENTAGE CHARGE Financed Payments Price RATE Tho dollar ll/o amount of The emouM you The total ms1 M TT/e cost of amount the credA provided wiq have peld alter your purchase on your credit es cradle will to you or you have made ell credit, includcg e yearly rate. cost you, on your Iwhelf. payments as your down scheduled. payment il S 000-b b.74 % $9994.17 ~~00,7A $5794.4ff ~579q,,4n Your Pa ment Schedule Will Be: Number o1 Amount of Whan Payments Pa meMs Pa ants Ara Due ORA. Momhybeglnnk/g)7!n n Dr As Follovrs: late Charge. N payment is not paid !n toll wghin 70 days after it is dua, you will pay a late charge. H the vehkfe is a Heavy commardel meta vehkle, tf» charge w01 be 4% of the part d the payrrrenl O5e1 Is bta. Odlonvise, the charge will be 2% par month of 1ho,pari d the paynlerq drat is late. Ilgured based on a hill cabndar month br ruty peA of a month drat is more tluu/ 10 days Propeymonl. It you parr oil all your debt early, you wiq not have to pot' a penely. Segrrly IntercsL• You are giving a security interest in die vehicle Doing purchased. Addttloniii Informatlon: See tl/h wrdract br more inlormadon Includhg Inlormolton about rror/peyment, detarAi, arty required repaymartt fn full before the adrodubd dale end securiy lnte,~esl .. yT>;NtzATlorf OFAHDUNT FlfUftCED t Cash Price ('x/ckxJng i 26$5.89 !ales lax) Z Total Dowr/peyrnenl . Tradean 1999 ;n:(CTFR Trado-ln b991S9 ° Gross Trade-In Akaxdnco Loss Pay OII Made By Soller Equets Nrrl Trade m .cash , ~ Odwr N ~ A (tt Irya4 da«npeymerw b negeWe, enter ro- and see 4H lwb+fj J Unpaii Belerxp dCesh Price (1 mlrxn 2) ~ Od/ar Gtarges h/drding Amourr~ Paid to Others onYow Behalf (Biller may keep pan d Ness amounts): A Cosa of Optional Credd Irutrrarx:a Pa1d to Insurance Company or Canpanie! life Term 5 H/A Disablfly Tone 5 N /A e Darer Oplbnal tnsurdr/rn Paid to IMUrdrx;a Cunpen/ tx Companies (Dascrlt~ A Territit / A (DascrR/~/ A Term / A C 0111de1 Foos Peld to Gwemmenl Aoenc~es NaA ~A N toA ~mr A D Oplbnal [cep Coniraq E Goverrvnenl Tax05 Nil Included in Gash Price F Governmad License ardAX Reg'rstr3lrOrl Fees LICENSE b REG FEES G Gorammenl COrldicato olTitle Fees . pr/dudm s C nn securry tnteresi rewrding foe) H Olhor Charges (Seiler muW ideadify who i5 pale] and describe pumosei N ~{ br Prior Cred'A or Lease Baknce SINd IfOTOR IMPORTS GdDCUHENTARY FEE 1{ ~9 t'bar"Q N 164 It<lA __ Sslsn-~R (t S X50!1 ~~ £~~nn nn 3 s-ra y N%A S N-~A- $ 0 0~- Ct- 65] 508 (al ~ NIA s u!A 5 N/A 5 u/A S Tl/A , s u/a 5 a9 nn $ ~7•~n y N!A g 80.00 9..r_ h!A s rV/A huurer/ee. You may trey IhR physlral darnege bmr- enee IMs eonbael requires tree bade) hem argwre you choose vrho Is etxx•plade to us. You ere not IBgUfred b bUy ally Od1er In6Ura71t0 b Ot7tifl fJerhl. O any Insurer/ce is dledred below. poBclea or cenficales !mm ge reined irtsuror/ea con/pwras wit dostrltw the IOfm! Rill canddbns. Check the Insurerxe you xnrtl end d~ below: Optional Credit insurance ^ Crxfl L'to: ^ &lyer ^ Co-Buyar D Both D Crodl DisaDlGy (Buyer Onyy) Premium . Credi Life s k / A CredxDiseblgly5 )d/A knurenee,Comparly Noma N¢A tivma vin::w',n eaa Croat ife yurnanto and aeon dbaWty tmrver/ce ere not rer~acd b d3><7fn credillhr declson hb ry snot lxy tnx51 Gte irwsjanco end aed'A ritsad6ry irwaartce wn not be a tailor M the trecSl eDWwal process. They wrT not be provided rx:less yyro~u sgn eM Rgree bp~ the errba felt. q yne doaea Ihis hsvrertce, the coal Is shown ti pain M of itr Memlrellorr of Amato FirtarKed Crodl He ins,rar/x pay! Yle trpaid pen of dro AmaxB Fu/ancad if you de. TDb irtwranm pals Doty tlla Cre61 duh'f~lnsuran."e)'W P~ ~>~ Pfi'e~+~ ~ underlfascarll~i-ac1vAllNyougrre0lsab~bd.~ doss not w.er aM ingease Nt your pQaayy~mr~~BM a if IM nw+r4er d Payments. The po6des or certilkalec issued D/ Ole rained rsurerrce rampanks may WNxr ImG Mx covenrappo Nat o9at ih ir,rwarx;e a aodf dsaWAy InsurarKe pro/idos Sao the mx>ifaru cerifigtes for rnverapa grtots or ot4r serrrn ord Ocher OpUone! Insurance D NSA ttJ~- Type d Ir/wranca Term Premiums M/A Desc~iplion of Cm~orage Irlaaranm Compare/ Name Fbme Ofica Address D N/T Yea d lrSUranca k~ Te~nn- Premirn S N ! A Description of Coveragii Iruurance Comparry Name home Olilce Adders N~A OOxr eptigwllrulrraree a not reputed to otdail uedtYou decisxn ro buy or not hN other opJcr~ Irarxar/co w31 rot Do a tailor in the cradA approval process. h xiq not ba provided uyess you sigl and agree b pay the axva toll 1 want U/e irwxarcA checked ebors X H/A Buyer Signature Dab „~I~~ rr~ r/ J (DescdHa'yn TorrR/k S (pe~ylp Tsrm 1 A S C Ofncial Fars Pell to Govemmanl AOar>~ kaA YD/ A S ri,(A Iy toA rbl' A S N Llt- N~A db/A $ N/A D OQflonel GeA Contras $ N / 4 , E Gorrerrvna>t Tams Not included in Gosh Prke $ N J A F Gwerrunad Ura+tse artdla Aeg'sa3lion Fees ~ . LICENSE b REG FEES S a~ nn G Govemmml Certi;cara NTrde Fees . pndudes S [ nn soprrily Inlerost recordnp lea) S _~,__.T . C p ' H Other t7teagas (Seller nwN identity Hi,o is pa id and ~ dosalbe yNrPaae) N Iba br Prior Cred'A cr Leese Balance $ k /A S1Ml t10TOR Ii1PORTS it2Cl1NENTART FEE $ 130.00 Mt64 16/A ~ M/A k 164 Ibf A S ~9_. iWA Nlo4 $ k/A _ 41164 Ib/A S ~klA ToralOlberClragesandJvnourdsPsdloOekrsonYauBehatl $ 149..r+f) (q) 5 AmourtFinarsed(3+d) f$Sa0n.7R t5) 6 FlnartceChelpa 59994.11 (6) T TotalolPaymmisTimeBaWrw(5+6) f~944.4n p) If you do not meet your Contract obligations, you may lose the vehicle. OPnOH; ~ You pay rte linance charge i) the Amount Financed, item 5, is paid In 1trN on or borore . Year. SE11ER'S INm4L5 N!p Home Once Address U/A A ~ ~ 7ype orlnsurance Term Prerritm S u J n Ooscriptlon of Coveragii N/A Iruurartco Company Noma ~fA Homo Ofr>ce Address n~la Other opliorW tuutartce 4 not requred b otA9n acdllbx deeisan ro IGty or net btr/ other opibnal Inaxxteo xa! ml bo a fader in the crodil epproal prccess_ n wie rat be proridod Wass you sign and agree to Pal' the extra coal 1 want lho irwxenco rhec~ed abets X N/A Buyer Sipnelure Data N/A Co-Buyer Signaare Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR L1ABIUTY FOR BODILY INJURY OA PROPERTY DAIAAGE CAUSED TO OTHERS. ' Rtiurned Check ChmJe: lbe ages b pay the ~ we, arataky pay ro others B zry check yw g're us is dsronored. t)PTK)NAL OAP COIrTAACT. A ~P mntrad (debt rartoefaGon contred)'s nd regrbred m oMah peril and wit no! ba prmided unless you s'qn barow and spree ro pay r!>e extra drarpe. Il you d+oasa to buy a gap oonbad, br drarge b aho•.1n b Item 40 d tlta ltenioation d Anw+rra Fnurxxid. Sao you pap rsrrbad for deta~is on the bane aM con6YOM 11 pnrvldns It b a part d 1145 mntracL ~~ NJA ~, N/A Name d Gap Contact I ward m txry a gap mryJact Bvyer Slprx X ' NO COOLING OFF PERIOD ' Stale law does not provide fora "cooling off"or cancellation period For this sate. After you sign this contract, you may only cancel it it the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind.This notice does not apply to home sollcltatlon sales. - 1i01Y T1~S CONERACT CAN BE CtIAMGED. This o7ntrdd contains the e ' E xean youard us relatilx~ iD Ihis tontrad. MY dlarge b this contract must 6e in writing and we mlut sigt it No txaJ rhanges are tiltdalg. Buyer Signs ~ - Co•Buyer Signs J( Many part of lttis txutirad Is rat valid, ap other pads stay raf4: We y d r m ertlorang any d our lights under tl>is cosrbacl witlaut ~9 them. For axampe, we may t~derld the ime br making svrne paymtlrns without elaendng the ti a a. You alllhorize us b obtain Intorma6on atX}IA you or the velxde you era trying, stale moor vehicle dc'parhned or other rl~lor vehicle registration atNlwiNes. See bark brother [mpogtaM agreem~ls. The Annual Peraeniage Rate may be'negotiabie with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. NOTICETO BUYER. DO NOT SIGN TFfIS CONTRACT 1N BLANK. YOU ARE E T17LEDT0 AN EXACT COPY OFTHE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. ' Buyer Signs' ~ ~t'L~SJ09 Co-Buyer 51gns X Date You agree to t r of this contract. You confirm that before you signed this contract, we gave it to you, and you we ire a it review it.You confirm that you received a completely Fitted-In copy when you signed it. Buyer Slgns~ ~~(~5J09 Co-Buyer Signs X Date Co-Buyors ertrf r r s a person wt»!s responstbb fa paying 1M entire debt. An other oxner Is a person wfrosa r»rna is on the tBla fo the velrcle tM does not have tope/ ra51, of er sprees la the security traetesl b IAe vettide gWan to us n this contract Other v+/nor sY/re here ~ ~r~ SNIe(~~isaQ~(18 t""-z-T^mo:~T~ Q.oa~~-:vT- ByX Ti11e Seller aa7gra irsinteresl In Ilia cm;ract to ~ (Assignee) under Iho tamrs of Sellefs eg-oemerxts) with Assgnae. ^ Assipnodwithrecourse .. ~" .. ~ . • ~ Assip'rd w'thoul rccvtvsa ^ Asslpned vrith 6n•Ited racarrs8 v t I LI~W' FORta N7. ss3-PA wtx un us Wren ra ormm cats rr.enwr. wR.w+~. e..e.,r reaoacw-nr~•~[~ee.v.~msc+a~ a,cy rnerpr~m~.usww.nn.wrcrsmwenwun.,~mcowruno~ OflIG1NAL UEh7FiOLDER w+wva.w n.vocx w n.r wm. rn,s.Nxvawow gyn.. oowad ::t71"HER IMPORTANT AGREERAENTS t. FINANCE-CHARGE AND PAYMENTS • a.. How wa will tiguro Flnance Charge. We ~villiigure Ihe•• "•• Finance Charge on, a daily basis at the Annual . Percentage Rate on the -unpaid part of the Amount Financed. - • b. How we will apply payments. We may apply each • payment to the earned and unpaid part of the Flnance Charge, to the unpaid part of the Amount Financed and fo other amounts you owe under this contract In arty order we choose. c. How late payments or early payments change what • you must pay: We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front on fha assumption that you will make every payment on • ~ the day it is due. Your Finance Charge, Total of • Payments, and7otai.Sale Price:will:be•more if you pay • late and less it you pay early. Changes may take the • form of a'larger• or smaller final payment or, at our option, more or fewer payments of the same amount as .your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time with- . out penalty. Ii you do so, you must pay the earned and unpaid part of the F.Inanco Charge and all other amounts due up to the date of your payment. • 2. YOUR t7THEA PROMI5EST0 US • a. h the vehlcle Is damaged, destroyed, or missing.~• You agree to pay us all you owe under this contract even it the vehicle is damaged, destroyed, or missing. b. Using the vehlcle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, (ease, or transfer any interest }n the vehicle or this contrail without our written permission.You agree not to expose the vehicle to misuse, seizure; confiscation, or invoiunlary transfer. H we pay any repair bills, storage . bills, taxes, tines, or charges on the vehlcle, to the • •exterrt permitted by taw you agree to repay the amount -when we ask for it. c. Security interest. You give us a security interest in: The vehicle and all parts of goods put on H; • • All money or goods received (proceeds) for the vehlcle; • Atl insurance, maintenance, service, or other . contracts we finance for you; and • All proceeds from insurance, maintenance, service, or olher.contracts we finance for you.This . includes any refunds of premiums or charges from the corriracts. This secures payment of all you ovre on this contrail. It also secures your other agreements in this conUact. You will make sure the title shows our security interest (lien) in the vehicle. d. insurance you must have on the vehlcle. • You agree to have physical damage insurance covering loss of or damage to the vehicle for the term o! this contract. The insurance must cover our entire interest in the vehlcle as well as yours. Ii you•do not • have this insurance, we may, if we choose, buy physical' damage insurance. 11 we decide to buy physical damage insurance, we v+lll buy insurance that covers your interest and our~interesl in the vehicle. We will fell you the charge you nwst pay. Ilia charge will. ~.be the cost of the Insurance and a finance charge at the Annual Percerrtage Rate shown on the front of this contract or, at our option, the highest rate the law permits. 1f the vehicle is lost or damaged, you agree • that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What' happens fo returned insurance, main- tenance, service, or other-contract charges. Ii we get a refund of insurance, maintenance, service, or • _ .4• ._ c. You may have to pay collection costs; I1•you~default and _ . we have.to go.to court to recover the vehicle, you will pay the- reasonable attorney's fees and court crosts as the IaW permits.You will also pay any attorney's tees and court costs . a court awards us. d. We may take the vehicle from you. H you default, we _ . may take (repossess) the .vehicle from you if we do so . peacefully and the- law allows it. II your vehicle has an electronic tracking device; you agree that we mayuse the device to find the vehicle. If• we lake -the vehicle, any • accessories, equipment, and reptacernenl.parts wilt slay with the vehlcle. If any personal items are in the vehicle, we maystore them for you at your expe»se. if you do not ask for these items•back, we.may dispose of ihernas the law allows. e. flow you can get the vehicle back If rue take IL 1( we- • -.-repossess the vehicle, you'may get It back•bY paying the unpaid pars of the Amount Financed plus the eamad and unpaid part of the Fnance Charge, any Isle charges, and any ofhe~ amounts lawlulfy clue- under the contract (redeem)_ Your right !o redeem ends when we sell. the vehicle. We will tell you how much to pay to redeem. • If we repossess the vehicle, we may, at our option, allow: you to get the vehicle back before we sell it by paying all past due payments, late charges; and any other amounts due because you defaulted (reinstate). We wi0 tell you II you may reinstate and how much to pay if you may. If you are in default for more than ~ 5~days when we lake the vehicle, the amounlyou must pay fo redeem or reinstate will . also Include the expenses of taking the vehicle, holding it, • and'preparing it for sale.' P. We will sell the vehicle H you do not get h back. ff you . do not redeem, or, al our option, reinstate, we will sell the vehk9e. We will send you a written notice of sale before selling fha vehicle. We -will apply the money from the sale, less allowed . expenses, to the amount you owe. Allowed expenses are • expenses we pay as a direct resufl of taking the vehicle, • holding it, preparing ii'for safe, and selling it, as the law allows. Reasonable attorney fees and courtcosfs the law permits are also allowed expenses. H any money is left (surplus), we will pay it to you unless the lawrequiras us to pay it to someone else. If money from the sale is not enough to pay the amount you.owe; you may have to pay the rest • to us. If you do not pay th)s amount when we ask, we may charge yet, interest at a rate not exceedirr3 the highest lawful rate until you pay. g. Whet we may do about optional insurance, maintenance, serv[ce, or other contracis.This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand tftat you pay all -you owe at Once orwe repossess the vehide,we may claim benefds under these contracts and. cancel them to obtain refunds of• unearned dlarges io reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated,•damaged, or stolen, v+e may claim benefits under these contracts and cancel them to obtain refunds of uneamed charges to reduce what you owe. ~h. Sumttmry Notice Regarding Prepayment, Rebate of • Flnance Charge and Aeinsiatement: You may prepay all or part of the amount you owe under this contract without penalty. Il you do so, you only have io pay the earned and ~unpald part of the finance charge and all other amounts due up to the data of your payment. Unearned finance charges will not be rebated under- this 'contract because there will never- be arty uneamed finance charges to rebate. !f you defavri and we repossess the vehlcle, the may, at our option, allow you .to get tfre vehicle back Before we sell ft by paying alt past due payments, late charges, and expensrss (reinstate). 4. WARRANTIES SELLF~ DtSCLAITdS The following paragreph does not affect any warranties covering the vehicle that the vehicle manufacturer may coverirr~ loss of or damage to the vehicle for the term of this contract. The insurance must cover our entire interest in the vehicle as well as yours. If you-do not have this insurance, we may, 'r( we choose, buy physical' damage insurance. If we decide to buy physical damage insurance, we will buy insurance that covers your interes! and our"interest in•Ihe vehicle. We will tali you the charge you must pay. 'fhe charge will .be the cost of the- Insurance and a finance charge al the Annual Percentage Rale shown on the front of this conlrad or, al our option, the highest rate the law permits If the vehicle is lost or damaged, you agree that we may use arty insurance saltlement to reduce what you owe or repair the vehicle- What' happens. to returned insurance, main- tenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other .contract charges, you agree that we may subtract the refund from what you rnve. 3. IFYOU PAY LATE OR BREAK YOUR 07HEA PROMISES a. You may owe fate charges. You will pay a late charge •on each tale payment as shown on the front. The term °heavy commeraal motor vehbie" means any new or used motor vehicle which is (i) a truck or truck tractor having' a manufacturer's gross vehicular weight of fif- teen thousand (15,000) pounds or mare, or.(ii) a semi- trailer or trailer designed for use in combination with a Irudc or truck tractor. Acceptance of a late payment or • late charge does not excuse your late payment or mean that you may keep making late payments. - !f you stay !ate, we may also take the steps described txrlow. b. You may ?rave. to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Dafautt means: • You do not pay any payment on time; • You glue false, incomplete, 'or misleading infor- • ~ . malion on a credit application; • You start a proceeding in bankruptcy or one Is started against you or your property; or You break arty agreements in this contract. , The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part, of the Finance Charge, any Isle charges, and any amounts due because you defaulted. Finance Charge and Reinstatement: You may prepay alt or part of the amount you owe under this contract without penalty. (f you do so, you only have to pay Ute eamecf and unpaid part of the finance charge and all other amounts due up to the date of your payment. Unearned finance charges wilt not txa rotated under this 'contract because there will nover• be any unearned finance charges to rebate, tt you default and +.ve repossess the vehlcie, we may, at our option, allow you.to get the vehicle back before we sell it by paying alt past due payments, late charges, and expenses (reinstate). 4, WARRANTIES SELLER DISCI111M5 The following paragraph tloes not affect any warranties covering the vehicle that the vehlcie manutaelurer may provide. The following paragraph also does p9- apply ai all if you bought the vehicle primarily for personal, family, or household use. Unless the Seller makes a written warranty, or enters. Into a servlca'contract within 90 days Trom ttte date.of this contract, the Seller makes no warranties, express or Implied, on the vehicle, and there will be no implied' warrarilies of merchantability or of -fitness' for a' particular purpose. 5. Used Car buyers Guide. The information you see on the window form for this vehlcie is pars of this . ~cvniract Information on the window corm overrides • any contrary provisiotu in the contract of sale. Spanish Trarisiation: uiifa µarn co,~,pradaas da vehfcutos usados. L.a informacidn qua ve en. el formularla de to ventanilla pare este vehicub forma .pane del "presence contrato. La iniormacldn del formulario de la ventanilla deJa sin afecto lode disposlcidn en cantrarlo contenfda en ei contrelo de vents. 5. Applicable Law " Federal law and the law of the state of tfie Beliefs address shown on the front of this contract apply to this contract. \: ~~-~. " NOTICE:•ANY HOLDER OFTHiS CONSUMER CREDIT CONTRACT IS SUBJECT TD ALL CLAIMS AND DEFENSES WHICH '. THE DEBTOR CDULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HEREfiD OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER 8Y THE.DEBTOR SHALL NOT EXCEED ARAOUNTS PAID 8Y THE DEBTDR HEREUNDER. Fom Nc; 55}PA 1108. AQHS 09/25/09 HISTORY SUMMARY 15:11:15 CUR CTL2 O01 CTL3 000 CTL9 0000 ACCT 6307.0020655823 RODAK MARK J START DATE 01/01/09 SLI # OPT: A=ACCRUED SINCE LAST TRAN, C=CAPTURE, R=REVERSAL, S=SPECIFIC OPT EFF DATE TRAN DESCRIPTION TRAN AMOUNT 01/01/09 7001 LOAN FUNDING 55,150.78 02/08/09 8080 STATEMENT PYMT 1,088.24 03/16/09 7011 FEE ASSESSMENT 21.76 03/18/09 2013 ACCT F/M UPDATE FLD = SLI IND 09/15/09 7011 FEE ASSESSMENT 21,.76 05/15/09 7011 FEE ASSESSMENT 21.76 06/15/09 7011 FEE ASSESSMENT 21.76 06/19/09 8080 WESTERN UNION 2,176.98 07/08/09 8057 REPO FEE 80.25 07/15/09 7011 FEE ASSESSMENT 21.76 07/21/09 8080 WESTERN UNION 1,088.24 08/17/09 2013 ACCT F/M UPDATE FLD = SLI IND 08/17/09 7011 FEE ASSESSMENT 21.76 09/15/09 7011 FEE ASSESSMENT 21.76 PF2-NEXT PAGE PF3-PREV PAGE PF6-SELECT AMPCHSIS AM1244 I: END OF DATA FOR THIS DATE RANGE POST BALANCE 55,300.28 59,559.23 54,559.23 NEW = 54,559.23 54,559.23 54,559.23 53,702.54 53,782.79 53,782.79 53,012.07 NEW = # 53,012.07 53,012.07 LAST ~I~~~ CERTIFICATE OF SERVICE A true and correct copy of Plaintiffls First Request for Production of Documents and ~,t=. Request for Admissions has been served by U.S. Mail, on the r~_ ~ _ day of ~~-~_. 2009, upon the following: David C. Dagle, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 By: - James Warmbrodt, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., Plaintiff, vs. MARK J. RODAK, Defendant. No. 09-7578 AFFIDAVIT STATE OF ) COUNTY OF ) Before me, the undersigned authority, personally appeared ~~/ ~j~~~ who, being first duly sworn according to law,,~leposes and says as follows: 1. That he/she is ,~ - ~ ~~ . 2. That is he/she is a representative of BANK OF AMERICA, N.A., and is authorized to make this Affidavit on behalf of the Plaintiff; 3. That on January 5 2009, Defendant executed the Retail Installment Sale Contract (hereinafter "Contract"} that is attached hereto as Exhibit "1"; 4. That, pursuant to the Contract, Sun Motor Imports assigned its rights, title and interest under the Contract to Bank of America, N.A., the Plaintiff herein; 5. That pursuant to said Contract, Defendant conveyed unto Plaintiff a security interest in the vehicle more particularly identified in the Contract as a 2005 Porsche GT3, VIN WPOAC29925S692217(herelnafter "Vehicle"). A copy of the Certificate of Title evidencing Plaintiff's security interest in the Vehicle is attached hereto as Exhibit " 2"; EXHIBIT 6. That pursuant to said Contract, Defendant promised to repay the principal sum of $55,300.28, plus interest on the unpaid principal at the rate of 6.74% per annum; 7. That the Defendants promised to repay principal and interest owed under the aforesaid Contract in 60 equal consecutive monthly payments of $1,088.24, commencing February 4, 2009; That Defendant last made a payment to Plaintiff on July 21, 2009 in the amount of $1,088.24; 9. That Defendant is in default of the Contract by failing to make the agreed upon payments when due. A true and correct copy of the payment history on Defendant's aforesaid account is attached hereto as Exhibit " 3"; 10. The Contract provides that, in the event of default, Defendant shall be liable to Plaintiff for its attorney's fees and court costs; 11. That the balance owed by the Defendant pursuant to the Contract as of April 6, 2010, exclusive of attorney's fees and court costs, is $58,892.86, with a per diem of $ 10.00 per day. Sworn to and subscribed before me this day of Notary Public Shb Ci ~i~IUO(Alt .. QQ~i~~ ~~~~^r F~ 20I 0. Subsd~ed >>IwOt!a b (Or before ffNOA /~ day of iL ~1Q , by e prated tta on tM bads Of saL'sfiac~ory ev b pt Me ~~oappw.aa toa rae. (rte /f _.._ ~..~....~. ------------ ~: BOROWSKI Commission # 1810276 ~ . •a Notary Public - California ~ Orange County M Comm. Expires Au 19, 2012 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff s Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on ~~day of t , 20010 upon the following: David C. Dagle, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 By: James C. PA I.D. # WELTM~ L.P.A. 1400 Ko 436 Sev~ (412) W~mbrodt, Esq. WEINBERG & REIS CO., pe s Building it Avenue PA 15219 -7955 WWR No. 7831105 r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., Plaintiff, vs. MARK J. RODAK, Defendant. BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND NOW COMES Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files the following Brief in Support of Motion for Summary Judgment. FACTS OF CASE On or about November 2, 2009, Plaintiff filed a Complaint in Replevin against Defendant seeking possession of its collateral, as well as money damages pursuant to the contract. On or about December 3, 2009, filed an Answer to Plaintiff's Complaint. On or about December 29, 2009, Plaintiff served Defendant with requests for admissions to which Defendant has not responded. LEGAL ARGUMENT In Pennsylvania, a motion for summary judgment is proper where as a matter of law, no genuine issue of material fact as to the necessary element of the ca (~ (~ defense can be established by additional discovery or the party who bears t~ ~~ proof at trial has failed to produce evidence of facts essential to the cause of action or defense that would require the issue to be submitted to a jury. Pa.R.C.P. 1035.2; Keystone Aerial Surveys Inc. v. Pennsylvania Property & Casualty Ins. Guaranty Assoc., 777 A.2d 84, 89 (Pa. Super. Ct. 2001). The purpose of summary judgment is to avoid unnecessary trials and to eliminate the waste of time and resources of both litigants where a trial would be a useless formality. Curran v. Children's Service Center, Inc., 396 Pa. Super. 29, 578 A.2d 8 (1990). Bald unsupported assertions of conclusory accusations cannot create a genuine issue of material fact to preclude the entry of summary judgment. McCain vs. Pennbank, 379 Pa. Super. 313, 549 A.2d 1311 (1988); Golaschevsky vs. Commonwealth, Department of Environmental Resources, 683 A.2d 1299, 1302 (Pa. Cmwlth., 1996). This case warrants summary judgment in plaintiff's favor. Defendant failed to respond to plaintiff's requests for admissions, which have been outstanding since January 29, 2010. Under Pennsylvania Rule of Civil Procedure 4014(b), facts are admitted unless, within 30 days after service of the request, the party to whom the request is directed serves an answer or objects. Thus Defendant has admitted that he has made no payment on the Pennsylvania Motor Vehicle Installment Sale Contract since July 21, 2009, that the payment history attached to Plaintiffs Discovery Request correctly identifies the payments, charges and balances on the account, that the Defendant has not submitted any written disputes as to billing inaccuracies; and that $54,016.04 is a correct and accurate balance on the Pennsylvania Motor Vehicle Installment Sale Contract. Defendant was requested to provide all documentary evidence or information planned on being used at trial to substantiate a defense to this suit. No documents have been received. Defendant been given ample opportunity to raise and support any legitimate defense she may have to this debt. Defendant offered no defense of any kind. Here, the complaint allegations, the lack of a meritorious defense, and the requests for admissions substantiate the amount of debt owed by the Defendant. There are no triable issues of fact in dispute and summary judgment in Plaintiff's favor is warranted as a matter of law. WHEREFORE, Plaintiff prays that this Honorable Court enter a judgment in its favor for the amount set forth in the attached order. Respectfully Submitted: James C. W~`rmbrodt, Esquire PA ID #42S~L~ WELTM,?WEINBERG & REIS CO. L.P.A. 1400 Ko~p~rs Building 436 Seventh Avenue Pittsbuf~h, PA 15219 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff s Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on ~ day of ~~ , 20010 upon the following: David C. Dagle, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 By: James C. Wa PA I.D. # 42 WELTMAN L.P.A. 1 1400 Kopp z Esq. ERG & REIS CO., Building 436 Seve Avenue Pittsburg , PA 15219 (412) 43 -7955 WWR No. 7831105 c~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) BANK OF AMERICA N.A. v. RODAK (MOTION FOR SUMMARY JUDGMENT) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE BANK OF AMERICA N.A. v. RODAK (entire caption must be stated in full) BANK OF AMERICA fV o vs. ~ ~~ ~: .: . ~~ MARK J. RODAK ~ °,.. ~ ~ i • 09-7578 No. "Q -' ~' TerrrT~: ~~ ,, 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurre u. complaint, etc.): _ , ~ _. 2. Identify all counsel who will argue cases: (a) for plaintiffs: JAMES C. WARMBRODT, ESQUIRE (Name and Address) WELTMAN, WEINBERG &REIS CO., L.P.A., 1400 KOPPERS BLD., 436 7TH AVE., (b) for defendants: DAVID C. DAGLE, ESQUIRE (Name and Address) DETHLEFS-PYKOSH LAW GROUP, LLC, 2132 MARKET ST., CAMP HILL, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. VIA US MAIL 4. Argument Court Date: JULY 7, 2010, TIME TO BE DETERMINED Sign JA C. WARMB RODT Pri t y r name LAIN IFF 5/14/2010 Attor y for Date: iii =~ n~~--'- S3~ 4 ~.~ is -~~ C' INSTRUCTIONS: 1. Original and two copies of all ri s must be filed with the COURT ADMINISTRATOR (not the Prothonotary) befor rgument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANIC OF AMERICA N.A., Plaintiff, vs. MARK J RODAK Case No.: 09-7578 n ti . c,- ~ '` -~ 'ij -7~ ~ . ;. r;~r= r; ---r Defendant. ~: ; ~:; . _, -- ~ t__ - ..,f _ .. -. -~, ORDER OF COURT z `u ,u. ~ .~ e -;' v _.~ AND NOW, to-wit, this ~~ day of , 2010, upon Plaintiff's Motion ~` DAGED AND DECREED that said for Summary Judgment, IT IS HEREBY ORDERS , Motion is GRANTED and Judgment is entered in favor of Plaintiff and against Defendant for possession of the 2005 Porsche GT3 Serial Number WPOAC299255692217, and in favor of Plaintiff and against Defendant for damages in the amount of $54,01 b.04 plus interest at the legal interest rate of 6.0% per annum from date of judgment, and costs. BY THE COURT J. A~ w. ~?oL~z~..,J 7/7~~~ WWR No. 7831105 r -10 AUGG 24 AM 100 22 RFC- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA,N.A. Plaintiff No. 09-7578 CIVILTERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE (AS TO COUNT I, POSSESSION ONLY) MARK J RODAK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07831105 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA,N.A. Plaintiff vs. Civil Action No. 09-7578 CIVILTERM MARK J RODAK Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE (AS TO COUNT I, POSSESSION ONLY) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid as to Count I, Possession only. WELTMAN, WEINBERG & REIS CO., L.P.A. By.. \ -- Attorney for laintiff 1400 Kopp r Building 436 Seve h venue Pittsburg , P 15219 (412) 431'- 75 WWR#01831105 SWORN TO AND SUBSCRIBED before me this I t I day of j? 2010 N,OTARY^BLIC COMMONWEALTH OF PENNSYLVANIA NntaNel 5ae1 [:: Jones, Notary Publk of burgh, AtW4?y cauatY k?n rrt 3UM 19 104 meffl r, inn Anie 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., Plaintiff Case No.: 09-7578 TYPE OF PLEADING VS. PRAECIPE FOR JUDGMENT PER ORDER OF COURT (As to Count H, Only) MARK J. RODAK Defendant. FILED ON BEHALF OF: Plaintiff -A m --° -? Vl COUNSEL OF RECORD OF THIS PARTY: - =-, James C. Warmbrodt, Esquire ' , PA I.D.#42524 ` Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 07831105 Judgment Amount: $9,344.75 94? UkambrzlH Pei 4o&a?v0 peld d63N (e k4 ti " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., Plaintiff VS. MARK J. RODAK Defendant. TO THE PROTHONOTARY: Case No.: 09-7578 PRAECIPE FOR JUDGMENT (As to Count H. Only) In light of the Court Order granting Summary Judgment in favor of Plaintiff on July 07, 2010, kindly enter Judgment against the Defendant, MARK J. RODAK, in the amount of $9,344.75 computed as follows: Amount Awarded per Order: $54,016.04 Interest from July 05, 2009 through December 20, 2010 at the contract rate of 6.74% per annum $5,314.01 Interest from Date of Judgment at the legal rate of 6.00% per annum: $0.00 Less payments from sale of collateral -($49,985.30) TOTAL: $9,344.75 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINDARG & REIS, CO., L.P.A. By: James C. brodt, Esquire Weltma nberg & Reis Co., L.P.A. PA I.D.# 9l 1400 Bldg. 436 Se venue Pittsb g15219 (412) 3 Plaintiff's address is: c/o Weltman, Weinberg & Reis, Co., L.P.A/, 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And Defendant's address is: 25 NORTH 19TH STREET, CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA N.A., Plaintiff, Vs. Case No.: 09-7578 MARK. J. RODAK, Defendant. ORDER OF COURT - C" AND NOW, to-wit, this 1• day of, 2010, upon Plaintiff s motion for Summary Judgment IT 19 HEREBY ORDERED, ADJ6GE.D AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff and against Defendant for possession of the 2005 Porsche GT3 Serial Number W-'OAC29925S692217, and in favor of Plaintiff and against Defendant for damages in the amount of $54,016.04 plus interest at the legal interest rate of 6.0% per annum from date of judgment, and costs. BY THE COURT WWR No. 7831105 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By. - James C. War br t, Esquire PA LD.# 12524 Weltman, We' rg & Reis Co., L.P.A. 1400 Koppers Idg. 436 Seventh enue Pittsburgh, P 15219 (412)434-7 5 WWR#07 105 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., Plaintiff Case No.: 09-7578 VS. MARK J. RODAK Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on ) ,3 ) l (xx) Assumpsit Judgment in the amount of $9,344.75, plus interest at 6.0% per annum, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent DAVID DAGLE, ESQUIRE 2132 MARKET ST., CAMP HILL, PA. 17011 Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., Plaintiff Case No.: 09-7578 VS. MARK J. RODAK Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 11:3/ 11 (xx) Assumpsit Judgment in the amount of $9,344.75, plus interest at 6.0% per annum, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent Prothonotary MARK J RODAK 25 NORTH 19TH STREET CAMP HILL,PA 17011 By. PRO Y OR DEPUTY)