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HomeMy WebLinkAbout04-3073COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County of Cumberland JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nw o,4 -.3om NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dab and in the case mentioned below FLAME OF AFPEI" A1AG OW NO OE NAME OF nt. Nancy J. Neidigh hams Placey 001-3-04 AWNSS OF A"EIIAW CRY RATE 1:P CODE 200 EXergreen Drive Marysville PA 17053 DATE OF AMGMa f N TIE CASE Cs lA 10) (aehvwww) June 3, 2004 Factory Finance Co., Inc. vs. Nancy q. Neidigh CLAIM NO slcHAluES.gF? AFVIKLM? OR Ns? AtTOR CV20 -0000248-04 IT 20 5+gO k evl t,(. 0{?' - ko *k3ofS38 This block will be signed ONLY when this notation is required under Pa. R.CP.1P. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 100811L This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after S97ahne of Prothonotary a Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fam to be used ONLY when appeNarK was DEFENDANT (see Pa. R.GP.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Factory Fi nonce Co.. Inc. , appellee(s), to fib a complaint in this opped M,e.m,e or agoeFeefsl (Gammon Pleas No //??jv,i7 ^ ,3013 t_ /?/2 "Awithin twenty (20) dayspf*K service of rub or suffer of j of nan pros. SgVW of wpolant a in elenrmey or spent RULES To Far-I-nry Fi nannF Cn_ , Inc._ , appeles(s). Nsne Of e10e9pe(s) (1) You are notified that a rule is hereby entered upon you to file a cagJlaint in this appeal within twenty (20) days after the dab of service of this rub upon you by personal service or by certified or registered mail. (2) R you do not fib a complaint within this time, a, JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dab of service of this rule if service was by mail is the dab of maRirng ME.: J U ? y , 20.01 f ?a'04Y. o avisan of Mae AOPC 312-E0 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (7 his proof of service MUST EE AIl.fci ':y T:q N ;0J 1 fGi P? "vS AFTER tiling the notice of appeal. cta;;k oppnoaDte boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: (hereby swear of affirm that f served O a copy of the Notice of Appea! Commcn Pleas No bpcn the District Justice designated therein on (date of service) ,____ _ .__,____ _. .______ - ? by personal sewice ? by (certified) (registered) mail, sender s receipt attached nereto and upon the appeile fnarnei on 20--_ C oy personal service ? by (certified) i registered) mail, sender's receipt attached hereto. • and further that I served the Ru!e to File a Complaint accompanying the above Nglice of Appeal upon the appeltee(s) to whom the Rule was addressed on 20_ ? by personal service O by (certified) (registered) mall, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was mace Title of official My commission expires on 20 20?___ N N J 67 Signature of afant rl O i7 Y- ,. Ott ?:.. 1 ti 1L (^ rl - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dish. No.: 09-3-04 DJName: Hon. THOMAS A. PLACEY Add,e,s' 104 S. SPORTING HILL RD. MECHANICSBURG, PA Telepnodo (717) 761-8230 17050 NANCY J. NEIDIGH 200 EVERGREEN DRIVE MARYSVILLE, PA 17053 THIS IS TO NOTIFY YOU THAT: - Judgment: NOTICE OF JUDGME?+NT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rFACTORY FINANCE CO., INC. 701 EAST LOCUST ST MECHANICSBURG, PA 17050 L VS. DEFENDANT: NAME and ADDRESS FREIDIGH, NANCY J 200 EVERGREEN DRIVE MARYSVILLE, PA 17053 L DocketNo.: CV-0000248-04 Date Filed: 4/23/04 DEFAULT JUDGMUNT PI.TF FXI Judgment was entered for: (Name) PArmnRV FTMANrtz CO , TNr_ ® Judgment was entered against: (Name) NETnTC.T4, NANCY J in the amount of $ 2,()g1-1g on: (Date of Judgment) 61n11n4 F7 Defendants are jointly and severally liable. (Date & Time) E Damages will be assessed on: F] This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,957.83 Judgment Costs $ 105.55 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,063.38 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. istrJct Justice - la'3? C S Date I certify that this is a true a corrprt copy of the rprnrd of the p oceedings containing tffe judgment. '?2 `4 Date ' District Justice 111 -- My commission expires first Monday of January] 2010. SEAL J 7 J AOPC 315-03 DATE PRINTED: 6/03/04 11:03:00 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prcwf of serolce MUST HE F/LEil W. tH;.N i"E=N (70) UA YS AFTER filing the notice of appeal. Check applicabie boxes) N Lin Er Ln M Ln m _o COMMON WEALTH OF PENNSYLVANIA COUNTY OF._._ '(="'v AFFIDAVIT: i hereby swear of affirm that I served ¢Fy a copy of the Notice of Appeat common Pleas No 1?)4 '' Oq 7a _• upon the District Justice designated therein on ;date of servicei 1 2TZ.r'o>t(_? _ ? L personal service t L by (certified) (agi$Oael? mail, sender s 'eceipt attached hereto an upon the appelle, (name! na.nt'A on L,f `i. 20Q ? ny personal service l?,by to rtlflee) jca9woped) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint arcompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _ j;,, (L 2 20?_ ? by personal service I by (certified) (rayietwd) mad, sender's receipt attached hereto. -"'-" SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME. ` THiS__ e _DAv OF 17 Signature of affanr Signature of official before ed!om aH,damt was ut Ue Q Till ficial COMMONWEALTH OF PENNSYLVANIA My commission expires on _ -_--Ne[ai6luSeaF-__ - Deborah L. Graham, Notary Public DdWnwa Bozo, York County r-- My Commission Expires July E, 2007 Postal 'Domestic CERTIFIED MAILT. RECEIPT A USE y Postage $ M O certified Fee O 0 Retum RM1e11Fee (Endorsemem Required) O Restricted Delivery Fee ul (Endorsement Required) r, O Total Postage a Fees S O o , : M1 ? -el, ApC plo.;-------- w PO Box No. 02 P $1s < qH ( 14.4rn. 07102/; l90c d 515 2. 5,35IR 0 0 r- w NNW UMT 1 stage $ SBG? d Fee $2. ( 0019 ?o 11 02 Posinld P1 Fee $1. Here red) O Fee e ry Fe e I Fees $ $4.42 07/ 4 t. Na; No, ------------------ -- - --- -- ° ? ---------------- r, ZIP+4 11ec?tan',tsiq?- 'f} r7©Sd hJ c_ I ^r} c.> C7 c.} r[. =py ;t n, COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDOMENT COMMON PLEAS No NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned belom CODE ADDRESS OF AFRLLANr art/ • V N (NwRiNI ! r , DATE OF AID? 1,.7 _. LC'i'! J -C^Ct("Y'? Hal rv> VS , N j'C j (ji' yorrA A LT20 -, . This bock will be signed ONLY when this nelelion.is required under F m RLP.JA No If appOWt Was CLA/AIANT4see Pa. R.C.P.J.P. No. 1008L 1PO+(6) in action before District Justice, he MUST This Nefiee of Appeal, when received by the District- Justice, will operant as a:- SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after ?r d - I filing his NOTICE of APPEAL. Q s5na ( otary or Deputy ?!M TUB PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon _ w } . r • appeke(s), to file a complaint in this appeal ( n?,re of ?,.y?eusersl (Convnon Pleas No. within twenty (20) doys..g(; liFr or suffer n y of ju of non pros 1iWfspuni or appem R a roe wbffw,a pert/ RULES To E Cie i?tr appelse(s)• IVrne ot qj'X: fsl (1) You are notified that a rule is hereby entered upon you to file a complaint in Nis appeal within twenty (20) days after the date of service of this rule upon you by personol'servi a or, by cerfifled or registered mail (2) If you do not file a call taint within this tirw a JUDGMENT OF NON PROS WILL BE ENTERED AG JNST YOU. (3) The date of serrlcp of this rule if Service. was by ipail is the dale of mailin% Date . 20-1-)U i j rl'[ AOPC 312.90 COURT FILE FACTORY FINANCE CO., INC., Plaintiff NANCY J. NEIDIGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 04-3073 Civil Term NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. V. Defendant IF YOU CANNOT AFFORD TO HIRE A LAWYER THUS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Phone: 717 249-3166 McNEES WALLACE & NURICK LLC By y Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine; Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. Dated: July X- , 2004 FACTORY FINANCE CO., INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No.: 04-3073 Civil Term NANCY J. NEIDIGH, Defendant COMPLAINT 1. Plaintiff, Factory Finance Co., Inc., is a Pennsylvania corporation, with its principal place of business at 701 East Locust Street, Mechanicsburg, PA. 17055. 2. Defendant, Nancy J. Neidigh, is an adult individual, residing at 200 Evergreen Drive, Marysville, PA 17053. 3. On or about December 18, 2003, Defendant purchased a 2000 Oldsmobile Alero (the "Vehicle") from Spankey's Auto Sales, Inc. A copy of the buyer's order is attached as Exhibit "A". 4. In order to finance the purchase of the Vehicle, Defendant borrowed Seven Thousand, Eight Hundred Eight Dollars and Fifty-Cents ($7,808.50) from the Plaintiff. A copy of the front and back pages of the retail installment sale contract (the "Contract") evidencing the terms of the loan is attached as Exhibit "B". 5. Defendant failed to fulfill the terms of the Contract by making the required monthly payments. 6. In January of 2004, Plaintiff repossessed the Vehicle, pursuant to the terms of the Contract and gave written notice to the Defendant. A copy of that notice is attached as Exhibit "C". 7. In February of 2004, Plaintiff sold the Vehicle at the Harrisburg Auto Auction and obtained the sum of Six Thousand Two Hundred and Twenty Dollars ($6,220). 8. The balance owed Plaintiff, pursuant to the terms of the loan portion of the Contract is One Thousand, Nine Hundred Fifty Seven Dollars and Eighty-Three Cents ($1,957.83). 9. Further, pursuant to the terms of ¶ 8(e) of the Contract, Plaintiff is entitled to counsel fees in the amount of 20% of the amount due. A copy of the applicable portion of the Contract is attached as Exhibit "D". 10. Twenty percent of the amount due is Three Hundred Ninety-One Dollars ($391). 11. Plaintiff has also expended the sum of One Hundred Five Dollars and Fifty- Cents ($105.50) for costs in commencing this action and obtaining a judgment before District Justice Thomas Placey. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against the Defendant, Nancy J. Neidigh, in the amount of Two Thousand Four Hundred Fifty-Four Dollars and Thirty-Three Cents ($2,454.33), plus any additional costs incurred in filing this Complaint and litigating the matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. Dated: July22 , 2004 2 07/21/2004 18:53 7176913418 SPANKEY'S AUTO SALES PAGE 05 q souRCa ¦ srocKlti552 AUTO SALES, INC. II PA Pi;,) 24774"? MM O MOM 6(. Me PINK. CGfl?KL. PA M3 05saw. aTMPHONE III N ,wSrOWN. PA MtKd1ANICeeURe, PA 17055 O POUrE511 a 1S, SUMMEIiWIP. 17823 a 11U NARRI EG7 PFI (T1n)739"7171 PHONE: {7171135-] NANCY J NEIDIGH Home (717)957-39QPHONr PUflCNASEfl PHONE NAME I RHONE 12118103 OATS AGnaESa 1 I HERESY PURCWt.SE FROM YOU, SUBJECT TO ALL TERMS, CONDITIONS, AND AGREEMENTS CONTAINED HER OOORHE FOU.AWING: 2000 I STOCK 1410. SELLING PRICE: COMMENTS: RALES'rM T PEE OD Dealer's Signature Customer' DEPOSIT Coo 5o BALANCE ON OSlIVERY S IS. This motor vehicle i5 sold as is without any wanan saner ?iC TUKT F 1 gnpUt Y OVO. at, or Implied, Including the implied warranty of mercharllabi ity and a particular purpose. The purchaser will bear the entire expense of ,cling a defaots that presently Exist or that may occur in the Vahide. un accepting this vehicle withOW any guaramess as to the year and G' PURCHASER out an puarartees'pppaint any and all mechanical defects, and also _ y n.aC.......de„¢ vehicle is made et mV own risk and I to be tjAund by this Customer's Witness 07/21/2004 13:47 7176913410 SPANKEY'S AUTO SALES PAGE 02 PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT. Brad I "-200d' metals ANNOAL FlNANCE Amolirit Financed' Tr?ar lwrCrintY in Qe piid aped' YTUP?gPmll sca$alt el per WwlwP PERCENTAGE CXARCiN TAE °MOwa of wedH Inald our on nmfil, I Povitled m Yaw or on yw.yre matle al scheduled Crow aY R'R Y d your weld edit will wwl You. ly ram biwnPYmnd and P"Ing m Me Your mwA schedub will ti : .- _ _ _ . e means an N" a Sween : You are ghln0 a semMy Inbisal in the goods or lnoPeAy . a h a as, ow yang paEL'd. M.h "ni ? UwcIdnanPBhnaoBwr PlE5") lam ChREw B a Fa5'mand b lam 13 date or mom, yw will be chatgrd two 4?NIl not In WY a PEW' f2%1 PUaMameFMYmaPI Pnpaymany'H You Day ai Irotl mewl In mil saws he nhduld dMa, ad YnaPMYdant mmnM and pandHeA Sw Your embW NMaw tar em/ eddHbml bdiormeUon awre ran WYaaa1 damoR wY required modernist am? This C~ a etrwam Saba all B" AM ends.- h . been mad. IF SA. Bella Hm N maims Mb Cmm- m Far Fimwa To. me: fterniziltion 01 Amount Finance6 nand behi CBS% h7a In this TMaad S 7729 Go wa as - Taal Dawnpayment Add,am .. a the Bills. All Unpaid Chair Prim Balance Yam at m'Ruvw1aL "&, , L O Credit lef11HIKe Conryam/ nwelq and etbicmrelnma dtr us and Ad Pedaaaamel all lips MPMMd alts, will be .2 ?S PMwlwmwrMan.-Bavecndi abRpMd,aepardery TM CwmpwY bIs Cm camps. Th. mah In wwi lbihaww an OBEt eIMn'gPnrroot,Ymhall epedmpwdrw. admrbitanmaMia bmrRA *1 mHwvYlE-wmRmade wadM To ProPEM ImVronce 3 •S 11 EWIPmd 17 AT .6 F.SE7 Ak4Mftmo C3 53011, Paw rdM O AC. 17 P.WO AM•FAI C] r too Yam have "ad," ?bT wiM ?'NeT m m "' the Ieyawinr mhkle: a . - a..,.. S m emblem, Autamooln Fgfkd Owns be me to O C"nbimM P can • QIQ wWe minion B?-plg9e:fFJ' ?oadnu - amlmw. ?few (OewNr1 earn" "ma uses ' aamasr? rt.msatUl n ai,mad M da BuYe0.0 to be bwnd end the Mtl ihovw bills, an lemdad Oda AmwlM rbaMai.. at CREDIT INSURANCE as the rRe- aide.) SY egniog Ys, meet SsEle CIO& Ulf bwranx SY dpwnS. ym wwl,%gle Crdh Ambient O HedM which Lela t- - - - - - .rM / G mmwm. YMirh ems a -III A Si m M awunl IR Sings Creel life m ba imRN mr : Cmel 6 YAet bywrage? Yew! Wfan'sawY Yawl WEYNENTRNEDUM yo ON patmrm dawn it In Paymed B&I NOW THE TOTAL DE PAVRUI t D dany as me s, M mg aa? m a Miry as um hemaowwNWmthemlAeawWanl II aq Pavme n! n nand, Yn MI ur d surv waMier da hh e d IM Increase to 0, wadmaam wil be ssium. PmaeWu wHl er dHad m g dIRR dILMn ImaHY R PIIMWL wibn this Crrmd mass aM aw SELLER BY. S - - C HA rlhetnelMn ADOwelHYwlant W 4imawwr ebi amMdrta Taml Downpzy in 1OF PROPOSED aT BY epibO is, bmA mesa Jed Credit Ulm l mnara. which Emle f A W we IM7 Ym. Z _ Yawl hwnd SiamrRae 01 h U==," nM 11FACTORY FINANCE CO., INC. Tm E:Eeouswn. -Tree. Ta. .;.P sa istbrdwnd Ole wydY..-AWa PA i I Phil heated I. Ow hand ad amount d A1111 of ?1em ft. 15 devil ?,heAn tab Peamwits, d ne WhieM. ow umwm amid NsMR ramewAoA rspaKa ad alai E Or Vahiar adMh wl adhaawl'IR bw and a IF THiq CONTMCT ONvOLVEB THE SALE OF A USED VEHICLE. THE INFOR• Mwy MATION YOU SEE UNTREWSIOOW FORM FORTHISVEHICLEIS PART OFTHIS sad CONTRACT. INFORMATION ON THE WINDOW FORM OVERNOES ANY H? CONTRARY PROVISIONS M THE CONTRACT OF SALE. a%" ApOFT109LTNINIi ANE CSNDIEl00E:THISCONTRACTCONTIRUESOHTNE REYERSESIOE. wwm YOU ARE OBUOATEO TO All INE TEnd3 OF THIS CONTRACT WHICH APPEAR ON THE FRONT atlwr AND REVERSE eOFA to As NOTICE TO BUYER-00 NOT SIGN THIS CONTRACT IN BLANK. YOU ARE,ENTITLEOTO AN EXACT COPY OF THE CONTRACT YOU s ABE SIGN. KEEP TO PROTECT YOUR LEGAL RIGHTS. (BEAU BUYER j. --.•-??.?/Iii --ISM s mesa, Ba My ner, of eR same dm and the bCmtract Vow grand m amdwlWinnr din W rd m Me Vemde el wry wen Cme. sad in wry PM nawdwfem, Pgre ss.Meadenrrw Mbu bemran Ym N Mass WYm Ail tlaM e ant Pw VeNOn m Yet udw the Islas Of IM Awme" eased sbna In ease "= war saw RECOURSE 0WITH FIIULLL?11E40UR(gt 171 a? 1 (A^l?'7i7T ?r J^r ONAL) I BUYER RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING. &-'(1 ROPER NOTICE: SEE NEYERSF SIRE FOR IMPORTANT INFORMATION. w-t'. eacmn FINANCE W. CENfn' NaI m[pnp•REalo Rita OMEN ISEAU SPANKEV'S AUTO SALES PAGE 02 07/21/2004 14:05 7176913410 AODITIOIILL PROVISIONS ht m pal aU x e'd W Me rnvusu are K Mk COnIla. ° lde n i i ". AM at ono become., NWlwm x M ompihallt m: or the Vealde it nW,d.d up ; awhh x+ubie.n"Wamn.iwwkdeito I g mu 1. yaH IegM dgMS kok/e' M. r waswa N *,I, dug plus wlMOm lm"Hy of P"Wings: and. MM out CWWL la Ill hicla O w i lake P"" w d A because a' ye'r n V . afewho . M G 4edi l Eetnl at DOINg mn a alur 1M l md . LaPnd lea obtain a Mum al the eurinburet w ate!lights in the ae e im b ,j C up t S. 0. r .cry due NO ORPhi n this u Lwlratt t° be i ,brain a y 2. Yale fold AM pfomh aI FYOlw utber than lee to for Us w ahHntad mw-Fan our "Amy H7dletotInwn.M in l'w will on, dl fight ha seuw.r ak enths Canilicalt l i et a , a due 1 ... a{ o ell a wns ow a. The right to lecbn FM...a Charges. the .in provided b this COMARL Al camlwe mattMew all nine Yep e. yak c th ilositlaYw foal ecsiawaher4npear ncaigW«nnm NQul wwiw P•Ym.Mm lull. plow mnw.bYr tx 'm up D Tn. ripM rv regain You l0 deliver IM Yehick to u+w a V.Iuele' repair You wig N, .111143 and Charge' on 3. Yo RIO Met AM Vehicle in peed Condition NO np kWninp to Ve1nch, You MY ml abme Me Vehicle in 3, f d and to let Ths ngM le oxdn po.stwienH*,Vehicle wwhawMoW Precast of uw,i YOU on ie'a lmme 1ha Vehicle may I c ma the rManlxnxnHwemn Veh a you foie pay all cons o ,.,.it thythlnOW be de'. la Me Vehicle whith,mmi, o IeaaK inwhit atlw Inch iwe from mpWt a Ie 31 pe's PI k 144 a nm . wailer new. faYOU l aWMdte Ye l0 P.K W mlenit Kali aWwng IWor M our +VU airski.. WbvwLlve icle W wwiw of tM Veh d in h ose to taut Older m b at pe glo P p 1 we.Y-Y atl eaF y.• the Veekle 1 n of P( r ad&... chow) on the 11p41I to .new Pelmaed plNa ponglnp without notihAl lea in M y e Youth, cmwn o to in o -la* I WY otlidu noun Mat Van pr WNI swt.dlnln 2AhWnHTwrle'mbp al notobtddnpPaswsal htK evil l ll f I Y"e advance. mll all a "' °°e ""&a P dl stop he Whiwa Wanted e an, hot, and wor imenaea eIW Phil ar o.ew l , s or a o mom be giwnhYreg F o adMOt be aueanced Far. YOU .6Odn alto we yew licelW ONG for 1 s H M d a. yen y ! nYinulaY la w Ford pnws mull IQ 1.11 The i.sun a cdwrate mutl by wnan by an insurance camp" .1 my, inwnd bK,Th• Ie'maM. the a e W IId t an vehicle in among the Yehic. Ica the piece of emnpe, he Vehkla.YouK n maatha 16 days YHonwetuMposoosdan oft l dm imenanutm. hme pdtkIf U tle hwYma In FWmW InM3 M Ikaned to; ?M °w dN+I 1. at Pr a l0 H1i The hadnnce P°kty 4 Fo p tl F w n p,hm I-"Ilwuwele Dw ww°eaN nod me'onabH emu H nlak'm4 3torMp ens rpo4nhq the Vehicle. C ther e'aHecmy 9lods of Prymem. l ae . noy-k- as Yang. pd Uptick k pxmalwtlMpawpa note's H M ceaCoMFan at tlWus4lan in cwxwts. V. ""Was or pe Mwrelne3mpwY. You waape FO at an didc drrwnm YW by ? pu n e e/ by rece be wPP°rl e. e. in KCOWUagwIM come, Of act few Veldth gMROrxpnwlg wit or (b) pnpoo wsla b 7 d Milk' urebUlHlowodhrMe Coupon. bMeewm ol I O .dale MY wux ntumxwoomed lnwrwwpnniami, lM1t PraeeNsal ..... 'rHU habRae?eHUt it« lua the Vepwle x I° educe lM mpsW n k p w K h knp ehill. is lWleHN NYAmewa lbdryi neswabk robs. ollhe 44th-Wdoweelve. Wuw'libmiy Mpneuds aki War 1M1 I h l p or maybe Madill! M usln npa ts al W a H own that to W npmepa in lallinp Yn Ve a . noutamtla r ro awlsEle anxney'1113 M auruUealw watt Including M l woOV au uUre hooarywrpranlanmaJews..."no. in a"all.°MO say Mal loot tu It we dane.he It V -w on MO i ' k h ut noel the V.hilk.[ IF them isa auN oe halarce 3nE ppgld Ukamount 40 and then the balance to they r, t T. y nkm and repa in goo it Cond g cowaneulanu Men the lewlMnl IwA Ra X°w1e1, MY the N e on on l No II F- 11 then s aUllabaMwede'leeyWIeatlOaY "' wP any no. YW H°""ted w M and °M, to the Vehicle may he Donald to e' t M damage "OnWineat k.uxw. we cabin to cur m we alYancewyo. bobutl mil Noli[• otter e'3 nail YOU a g You mp Milan. the Vehicle in any lime w 1. 15 data a m t M Utertbn hal«the KOx ' hk CwvM nyamou ahlawt mF MeaterthaOMH Y°°swam Knapt He'* a' be added to the baknae on which we impose Flowing Chxyu H 1M1e Anna. Pn lnut Oll along with year map Mh w I O ea wo- lull WgmrthanlSdale and. wY pepwooaddn: rice will be ail tuna in u3. on thin CwpKt and. itINWOw o,Ir the Ve ad wurlnp the ewe. P Cast, of rstahinp npditlnp i l a LMar of and in" he nPK.utw Jim immediately ON thin rtwnrs; alllil HlM end of the COnlne4u..June may-"tiff. paymMtswYWl behalf e 4 ow p=,.ion of the Wp or fwnt of CONN. that .,I'll is . If we wake try dglq 71ME IS Op THEE 10 Fight pry will nos cure Your hpyre n Pad" Your plomkesk this Conlnct Mwcainummd to WCMU fill. M-h m"lowww"I'mae il y,wt of . bindinpw Cos.N.IHpr EwseH Odmll ecan ar if ono may, cheaCoC11 rt riMY. aM1Nlrwlnwauawlaw gwmMrrighu. IfanY Pan aIthiwtr we O. Thu Pwegn+k appku Wa 5, Thmp Kw.K 4MP&*V MSNwirwNWedbO. Anamn Rnanoed.Ydwanmw*l* *und, NW9 YOU d P less Cumuract, w on His W ' ..tdnAeauxdle i.MkIWIm,ll.lal, HWauunkmeKla, IharpMihdlaal be Cwlrat kfosol hen a N+II pDIYIOMts L-u?ra..l i s i e . II an Meary Me wma npt wnas SWeduled In to Crad1F H eRecl constitution art tut lheth Or collision b"nowenonurbn.ill iraannn Wlwa-y Mix Fa its h d b d n Ago Consul it it bang Opt put heirs and Y a and our Wcw4wn>A4 nsiyns, Ind had hind M Yo m Consul 'Ihie Cmmiect ehdlhen all at along 'I e y t Concede xotalwt was oduhwd Ix low is Concede the e out.. II scheduled alkali--bit,We well atremM to plow umpmeble low.. with another imnrwce Ad i" Y n I I mi mgr n M senwH npr.ns.Iby venom W os A«rw K wou ill subject 1. ? q I wmPe'Y ea ye' MMIf. U we are wwom Its do so, we' na• results is l lew N n MPIK+mut WKnnte karll an agent x hate! a1 YMr elwke. p al insarwK poYU. foe wNl reimhurae l oehun of Chic ynwwm IN was one to swnw'p ECn ON COSTS, a y) « l a COLE 3 into. Him s an tau and Wyn cosh. Our Mnonoble allanwtF . n eddiliwal emu to yW fur the wecpael putiM DI tin utW 1. No ylau ago You L, MA.ult 1 The 1o11w142 art "items o4 Colgate al this CxeHOW t y" Jail u make any F+Y NW WoupM' on or MFeIe IM wY 11 Is due: . 't. You tea w pod. may other at year Man.... M tNa Cantata i THERE ARE NO WANANTIN BY SELLEK EXPRESS OR IMPIlf0. IRCLUOIN6 1 PURPO COWI me: t Ym pmi1. w mdM lake aHlmastlbn x sipaallees w um t as 13.mnywad at a film 10" used n WE HAVE GIVEN YOU R SEPARATE WRITTEN WARKS"Y" .t.m I , neaw d. AW OI ... dies M N UNLESS daMnl% R THE F S E M , R CONS PROCEEDS HEREO ECOVE CRED THE OR WITH F GOODSOR SERY C CON UBTAIMEOUPIIRSUANT HEIIEIO ALIFY HOLDS OF TH S O AGAINST THE SELLER EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASSERT HEREUNDER BY THE DEBTOR SHALE NOT NOTICE OF PROPOSED CREDIT "SOW" mrawhmlby nhely)nonce cast Mao mKitllmeiwwaneymwnp.and/or gray credit OW61M are M+mid nu •9hs lY yRr Wittas only Rls pen°Ahaw(s) wd*g TM TmMI 9gnt W4aIS) utMMaia Cou LOMpoomb •ec I-'- type pFtawnp. oldlM allnaby OR lM«nce company nanwd. Thin I--aAjnlM twM by womed.Tholemitalft m! far a.. I .Y a rWM on the aidginal llal samotomat "mnealate fall en type SubndelmuupLrce by Ihcae Income Find wfOw 30days.IMre of downed to the Inured debxl?) A ud"MB Inwnlwe man n tI de' s dedule, rooC0- k the .At of pne'rmem at the indebudsow o -fwd -1 k a nct wants W01 be made when dec. ASSIEHFEM .'Mmedon Melrwt N this Cwna.. www ase the wYdn Cwmnct bcwddinwp. WI sell* rem fill weara o m1naWWirZ .10-0 o aimryhiWaUaNa C mlmrchi/rCswl ]uPahGS.A. TOind ow Yea the"Assign.' Iwlwa Imes wain on 41M gooph, Mwhin all splieebl• I.WH. aw a"d law law. IoW MOnW. W1. blafl only to lM lights of list OWm of wn•nh Me 2101 along Y cam mid w lM C ea W N Re nct Ike deiPtim W In voice, and •an tWkme , wtr nod Me Voted. cwwr.dlh.eby is Ke mt free wKhm, enWmhranwt let e• alma WeoI he Veamnhamin described it on am.. lhemo are Of hill ale +w had MclN ,he CoAldawnWan,nod/x Ueda-aYOweec.wxe ubdMrecdvedandnoputdws0iWallmnWlhpow- d aMCM in NMr tndU aMmwd by n to SW. aW hece or m nrihWki'wlei°. alpp M.we INS AORDW IM ,WMWI led C ...u e. M CenVllllaSet le k the nmw ce'hash Lan tors he Irvc then is Me *WHO FM TmH N Pgmntssm lenh YY:nim we am drN awnedwWxtM /emleft Now. lhtl iMarY a Stn. kw. applicable Ill Sol., W. it q nu ...inp, On- uoiDYed Wh mm*m emeK Awnol with NWO in MtranKtdw mA"FM fail"TMtb4wkedin Pmaa with my o " ..or 'whop poll constitute Mowing-into *I'M mbrance N tea. el AWesal Me NAM nwNM aulied la PM.pUR Manglandw doth.wlthk COmrecI. pxunlYNOwIS 1. heSeM,I M;I.MMwVehicle Safety ForwooaibilimA.;the& le) wltyrKult in Me wwendwH e'id r.piallHiw AuwwlM PtoaK rut xwlw WtM Twlnrect.MaW wth wanntinxnpnwmal no leelswhwh .Rmt•° eomtOW15 thmaPlrep-pwtlaA3eatsAad pr W osuPaWaiDCYm me wma lanne. e'naMH Mau dMalunlel a. HlitaautWO CYaIIpm:mlw°'tledpeH hcumgaldW wEdnY nWOwoukwondwnw0.andwlU p.ylheMathiw I .Kkld'w. andclstllulHh. aM other Fight ar.netlY Mal Avipnoo 0401 he' W lawxbaqu'ry.1.Nal3e nr.b Me e afioYMYd l/dhwna'YTAAIbu. $.IUrtnMnwpon"a Irme'net help mea wtl n. Iwm AadMw. and ptYAS4gne IhtlBWerlawarN"Apown Many'hYHnldYahtnblldeMlaWmb a min wnomigo tllgVehicle IbimdekWwtwl !N AeCpmrM .Mryer me Ydkg$aenYxnw le'lane Cast. claim wnaMY al0nip apnam.M w Senern Mwylarwa.l. Saga aMnal4MYpe' Mlnp adylo adviseotlby A•dpnoo H - cor&ds clan aMnn4ak Ifrom 0411 aIW ' Ateigon N nspM at Alto. andsddnmetlYsheRM sumWHkt tame inmedbMK b ueadMee wiFh the npumlene brln wt M it claim rq nlandd off pads«s mmaadp GY Buyer m Assignee. wwenue Inoun.tl In hlaMhw agdnH anima IF W SuY. ion t.una.irN. Venn'I. KIl4.re an MUUd.nUna Ma gdgin `I, wroa epukewrh 1.961 of oWravMnwhichew ffightM Wstbnamomf Mil prim. Selm between .1131 F. and oche Yahk4IM-.adnelMw. IUA IullpawYk did AsalYr•• dsk.s al mOIMas withAlsegm. walllathiu.u.h.ndoneotnta- forI. ens wWs.memo uplbmd'WIINOUT REMUYSE,"'YATH EULLPECWREL."'YATn REPURLiiASE-adaMa Ma pO paduw. H the praMUh wFlad "ASHMowm WOHWi Mw WleldtWSUwrkch.IWI NY•'r'w cache We dweldm.ol slaminsWh nECOYRSE-Sen•...swM dwE wuHYx Me aroWHas lithe pargaph about entwl•d ni WITH FULL RECOURSE- Sagaomna tlsaL maddida Coma nr.oraPh aloe' wooled"Awipxn nt" and' PeNFUREOe SExkrr... lpedrnMn Maw ox.roMipaUanwb.PMOrnstddiWerKaecd Finance r lq,'Ye dtlr data of WLlFtl l4wl t•• Itwhn nwnh.w Me Ownnt Alaltaee IN a lwuthm poll b with ml am b de' Ml wpaW balm, amth am inclining nlwM'in Ddlawat at ally MITIYRhT SuyIfYWlkh Wnll"fill. AniWKtd npe'sea WOH REPUpCHISE-SepuaMentMlin adAUwMIle. and d-NW 11,so".R aboom ihW,m"A . itimak KIMre Sfor a unni naadthe V-ki. I 41 eflo ewwl to M. IHI uWdE ialarc of Ma TWnlnra. Inlcuding a,wva pN.mw'Qlwpn he 0 me We of Fish prerea 3e' IM Cwrram and IM Vehid. P NOTICE. SEE OTHER MOE FOR IWGKTANT INFOMAaMt4. SPANKEY'S AUTO SALES PAGE 07 07/21/2004 10:53 7176913410 FACTORY FINANCE COMPANY 701 EAST LOCUST STREET MECHANICSEURG, PA 17055 717-691-083:2 01/22/04 NEIDIGH, NANCY 200 EVERGREEN DR MARYSVILLE, PA, 17053 Dear NANCY You are hereby notified that we have repossessed the motor vehicle which is the subject of your sales installment contract because you have failed to maintain your obligation. The vehicle, identified as a 00 OLDS ALERO, VIN#IG3NF52E8YC336256, is being stored at Leggett Motors, 200 N Walnut St, Mechanicsburg, PA It may be redeemed by satisfying the charges listed below within_ (15) fifteen days from the date of this notice. Kindly call our office today to make arrangements to pay all charges due. If the amount is not paid within the alloted time period, we may be forced to take further action for the collection of the balance. The result of this will be forwarded to the :Harrisburg Credit Bureau. Note: Your PA plate and all personal belongings may be redeemed by calling our office at 701 East Locust Street, Mechanicsburg, PA, 17055, between the hours of 8:00 a,m. and 5:00 p.m. Monday thru Friday. We will make the necessary arrangements for you to pick up your belongings at the impound lot. We will not accept personal checks on repossessed vehicles, you must bring cash or certified check to reclaim your vehicles. The above vehicle will be subject to sale after the expiration of 15 days from the date of this letter. COLLECTION DEPT. AMOUNT DUE 1-79,70,09 REPO FEE 3PJO• UU LATE CHARGES AMOUNT TO REDEEM a 70 ' U? ADDITIONAL PROVISIONS x from of Mt'e m1p0MS dam CevBad in e. Any at you lmma insolvent or hmMruptt or I, the Vehkp is ed4 pAed aPm a M¦aaaad wRh a cohlam fa pp1dunm.rlm or IodeNwe in the am u,la and. ovith our a to ton of X heNPSe d Mine. PmOIedlnds. In the X. Om rilfox upon or diet MN eaewnnes of any Even at Ogbmuft W mdd¦: M an pea n M"malty ae FMa or tat d Mg able' I an pb1ey beta pmprllo ouraam intent to e. The 61m a declare ad smI 040011 on this Contrast N M In+nsdtoa dw ad vN r iewsa mud sntM CenNlc¦f¦ Tina to the fie¦no Charier, as the rate provided in this CmIrM, will emdnu¦ m acme m AI men des a meg we Missing Payment in 1A 6 eAent m ran d nPah. Ym wgl OR All Ins a phagm m I. The do" to r¦euim yen to deliver the 4ehide to m at s pence ry¦.onah ma Um Vehida wsha MMilhaut prase" of I&K R You do ad You wN rot abuse thpWe a had: to a. of the psvikw& ". yo Wnitsyalue. rrhmMha im Awes and . TheMight pwimp Possession enter "an aR pnmsu¦edonn the Vehicle may he m dAMrLLbaa Ym eutlhoateap Namwh IwebbMbYehld¦.Yco adghma abhe¦.Yco tANadmm WWI from ramorbirs aOnN er111rPV, rap me in hop inadarmulm Pnpe"}codtbewe wdatndbg prampt Mlke Mulyou rdYiAi Bey srtkb! intbe Vahieb not awarcd DY ea mmMY Interest. Matka dmflWatmelan wnN SN tamed "mPat+ muahe yen gynnalsimd INA art wnaa44? ddX? Sng?rb?p a0 anyM mid it. alas rand am d Mb Vehicle R you do set *5 a POMP eery to Men an .d Prat You! articles or bd a mrbpl m ¦oeohaad for. Yam adkerfra a to m yevr NcaMa Plot" dm the 'eat cowl be wds.n M m men coma" Vehicle m monkro tM V¦bda to the pines of dame. Brad to me Wrraae in this whore hot am tlrordd¦ a Md1h a laaA O deco' prior H. Yang speaks "m rase Fact. to - after I yMiss iowmttlmmmPWM•Ya¦as No m"Oy a We may, IN rsaderan' ant, lalriXdM 4dddaape6licxprlaan ab.an)ptapaap of kmmaa As Prasd bass *A YZmin IIIsesideetlon dpmobSgalemAndimrthb Canon latlleewetclaaa wa d¦atoredmetMwpeid RANjersyaigdays, macoald,assleeclient NmanoPines afaele.WewlllappryNmpreeaMd n I lint is Ourexpeaso$ inalfin the Vahida then to One CUM dnutng. rapAring end Beaiq 11 kmasne& is dboh Wm aayfd' sea terra 41, VOWS.tbenfA ourealbedte mat. Iwaft coal man loud am naalakie alpraaK bad ra?wh ant npsk. We W.Xwe less &Me, 2" of it, waount dos orb&a04 bdamw to Me fudmm still des. X 11mnghsaepaa•we wM anti MepMmmem Wvo.M.a. my pay Is m ym. X dram Is as a boom da ua you mat Psi it to IL or d..IP to t is lots may be limited 1s an ¦ "Ndia of Vellul w.m.pet,mmarWeedvem¦an belhAfwgl Rap0. you may 1We+m?hm tatEMlalaVrenoWMIAu¦mms.XtMVeN Tlrademptien me WaMh." ?wpenwe touh COCA Charges at the AnrrMA h IF Poo of damask Ml afmX Yma maesey WWP vote he ON asntdaa enthb COMBO .2dd¦uN? 16111 the Vehicle. ,dnw a emy apeclfy OmRymWa your b" Possession of the VAWL am esm of rcnhln0. pomm testing a IF Ob Cadtat. 10. TIME IS OP THE ESSOOLI1 r I amiss any, dghe or Ewan of Odmdt Oa Walter IS cot Y! p*a Ammmat tFiamet it meet apply in mina d am or am riots and ma twuassss use@ has an dharlgMs anor put of this Comraa an us It I ftler Evans of nalassh a Mies Contract muss you aped murk is hold ta6eNlops6 yddauaafwcoeWathat pad"Inot he a part dtas Cammatwddchdou h will pmA* Is off" to its amd4tion be mdmN it was main this fWeu.st.TM laws of?asyhanp shot enjoy to W. Comm. This abAIM by the man prior at its Csmsw AIR bissM as and as eamkmr..nd adkitL and slant kind 'ICU. your Mks Not! Your Any person to edwm we saibn Ibis Contrast eh.ll how di of our More ea m" will ll In entity IN wlMla coal hmt obtain and nmaliMryM¦aMbMaa•a and be mom ¦hggAiana . Intl Yes e!161 b yes al ri Kalm nomm a VOW "t riwia. X np ateme gs ram to n g 11 howl0 A she aripMd inms+nee Pa icy. Is nimbo ne also yhbe m poi m Onaonableaamwasy'sfam. collection assn and our Ones sou Yau, you Is Caamct: I of beam tins day h is d.e: ins is this Csmrom dgadures a say thee: a is Wanted of a trim .L *y step at Irv Inde6tdem. in the event at PlMymm a' real of lids Cbntran tit pomhm a ladafA. app and beat Ism ¦ L . THERE ARE NO MINIMUM BY SFUEA. EXPRESS OR 011PLIM• WCLODING TK RfER YOU A fC4ARATEwRITYFB WARMRYY??IAR PURPOBE baud a U F NAV1 a' GtAgwo CT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ITAINED PURSUANT HERETO OR W1TH THE PROCEEDS HEREOF. RECOVERY AID BY THE DEBTOR HEREUNDER OF PROPOSER WORT WBO MCE range andYwgmtghcn;rdh ¦caid¦dand beAtr t ?Uvo Imopmer. dab yupm sl Iier the masse as"Ary named. Thin l mmmoa NNW co ¦ afte dot murle it iaannm Gabe WRhsa.Th? ne so +i ay¦miharaA.V Ave irol"ed to the Issmd dAnorkl a ea bfimte d at Mo when, n to suepam by lM kronor iridabtadssa, s eland A MuuMma dhwg" wBt be rattle when due. ABSIONMENi Within Confat the Sell herahyw.mmu andnpre"nts, and continues m wmnnt ell Ipraanltha: Mu. al. hoe anplaiona induApg. but cot limited, to Adieb 2 A MI Passs o ate UnNsm Commtnle Cade 113 Pa CSA 5 5 rill of ¦m Nraa entlanhrama and eea.hy avossts, and Is saw mhos dmdpts of the Bayer "set I" Iharok rM pmdm tbengts we of full age and had capacity to talaraat the description d do Vehicle and Bain eeaiptaint is dell toes o m? am duty Bea rood srdr th?ePoeraydanchookk b M, ot«Ya" SSales FommuNd by NMM Aet"aW he dmv VERIFICATION I, Lawrence R. Wieder, Esquire, counsel for Factory Finance Co., Inc., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. §4904, relating to unsworn falsification to authorities. Lawrence R. Wieder, Esquire Date: July Lt , 2004 CERTIFICATE OF SERVICE AND NOW, on this ?LJday of July, 2004, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Stephen K. Portko, Esquire BRATIC AND PORTKO 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 MCNEES WALLACE & NURICK LLC By Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 2137-5229 Attorneys for Factory Finance Co., Inc. s- rn r fn E , C.J :-7 FACTORY FINANCEPCO., INC., V. NANCY J. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 04-3073 Civil Term PRAECIPE TO SUBSTITUTE VERIFPCATIONS To: Kurt Long, Prothonotary: Please substitute the attached original verification of Alan Myers, General Manager of Factory Finance Co, Inc., Plaintiff, for the verification of Lawrence R. Wieder, previously attached to the Complaint, which was filed by Plaintiff Factory Finance Co., Inc. on July 22, 2004. Respectfully submitted, McNEES WALLACE & NURICK LLC By- Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. c, Dated: July Z 1 , 2004 VERIF?ON I, Alan Myers, General Manager of Factory Finance Co., Inc., a corporation, Plaintiff in the within action, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: July 7.I , 2004 CERTIFICATE OF SERVICE L- AND NOW, on this Z-) day of July, 2004, 1 hereby cer4ify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Stephen K. Portko, Esquire BRATIC AND PORTKO 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 McNEES WALLAC:E & NURICK LLC By Lawrence R. Keder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. l7 r r. i `T 1?" 'b f J-T? ?_ J.s `> _ W 30 FACTORY FINANCE CO., INC.. Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 04-3073 Civil Term NANCY J. NEIDIGH, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Lawrence R. Wieder, Esquire, Attorney for Factory Finance Co., Inc., Plaintiff You are hereby notified to file a written response to the enclosed DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIMS within twenty (20) days from service hereof or a judgment may be entered against you. Date: ??( 1?djcc Stephe K. Portko„ Esquire I.D. No. 34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 FACTORY FINANCE CO., INC.. Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 04-3073 Civil Term NANCY J. NEIDIGH, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIMS 1. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 2. Admitted. 3. Admitted. 4. Denied. Defendant denies the allegations contained in paragraph 4 of Plaintiffs Complaint except that on December 18, 2003, Defendant bought a 2000 Oldsmobile Alero from Spankey's Auto Sales, Inc., under an installment sale contract, which Contract was assigned to Plaintiff, Finance Factory, Co., Inc. 5. Denied. On the contrary, Plaintiff refused to accept payment and threatened to and did repossess Defendant's vehicle in retaliation of Defendant's husband leaving the employ of Spankey's Auto Sales. 6. Denied. On the contrary, on January 19, 2004, without prior notice and in retaliation, Plaintiff unlawfully repossessed the Vehicle. By way of further answer, the notice attached as Exhibit "C" includes a $300 "repo fee" even though Defendant was not in default longer than 15, days. 7. Denied as after reasonable investigation Defendant: is without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, it is denied that any amount is due for the reasons set forth in Defendant's New Matter, and, accordingly, Plaintiff is not entitled to the relief requested. 9. Denied. The allegations contained in paragraph 9 contain mere conclusions of law to which no response is required. By way of further answer, it is denied that the terms of ¶ 8(e) entitle Plaintiff to recover counsel fees in a deficiency action. Further, for the reasons set forth in Defendant's New Matter, Plaintiff is not entitled to the relief requested. 10. Denied. The allegations contained in paragraph 10 contain mere conclusions of law to which no response is required. By way of further answer, it is denied that the terms of ¶ 8(e) entitle Plaintiff to recover counsel fees in a deficiency action. Further, for the reasons set forth in Defendant's New Matter, Plaintiff is not entitled to the relief requested. 11. Denied. The allegations contained in paragraph 111 contain mere conclusions of law to which no response is required. By way of further answer, it is denied that any amount is due for the reasons set forth in Defendant's New Matter, and, accordingly, Plaintiff is not entitled to the relief requested. WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiff, together with reasonable costs. NEW MATTER 12. Defendant hereby incorporates paragraphs 1-11 above as if the same were fully set forth herein at length. 13. On December 18, 2003, Defendant Nancy J. Neidigh (hereinafter referred to as "Consumer") purchased and financed a used 2000 Oldsmobile Alero, Serial No. 1 G3NF52E8YC336256 (hereinafter referred to as the "Vehicle") from Spankeys Auto Sales, Inc., (hereinafter referred to as "Dealer") a car dealership, primarily for personal and family purposes. 14. The financing for Consumer's purchase of the vehicle was arranged by the dealership and provided by Plaintiff, Factory Finance Co., Inc. (hereinafter referred to as "Factory Finance"), under an installment sale contract as defined and regulated by the Pennsylvania Motor Vehicle Sales Finance Act, 69 P.S. §§ 601 et seq. (hereinafter "MVSFA"). 15. The installment sale contract executed by Consumer contains a contractual promise and representation that the holder will not dispose of the financed vehicle after a repossession without first giving the borrower the notices "provided by law." As a result of this provision, Factory Finance contractually agreed to issue the required notices complying with the law in effect at the time of any repossession. 16. The acts of the Factory Finance and Dealer alleged hereinafter were performed by its agents, officers, and employees within the scope of their actual or apparent authority. 17. The officer or officers of Factory Finance involved in the repossession of the Vehicle is/are the same officer or officers of Dealer who sold the Vehicle to Consumer. 18. Consumer purchased the vehicle during the course of her husband's employment with the Dealer. 19. On or about January 1, 2004, Consumer's husband voluntarily terminated his employment with Dealer to go work for a different employer. 20. On or about January 19, 2004, plaintiff Factory Finance or its agents seized and repossessed the vehicle, allegedly due to Consumer's failure to make payments under the contract. 21.After the Vehicle was repossessed, Factory Finance and Dealer communicated with Consumer's husband, using words to the effect that the repossession of Consumer's Vehicle was made in retaliation for Consumer's husband leaving Dealer's employment. Another vehicle financed with Factory Finance but owned by Consumer's husband was previously repossessed by Factory Finance on January 9, 2004 . 22. As a result of the illegal repossession, Consumer suffered the loss of her vehicle and its use and incurred expense to acquire another vehicle. 23. At no time did Factory Finance inform Consumer that she was in default on her obligations or verbally request her to return the Vehicle. 24. At no time did Factory Finance inform Consumer that the Contract payments would be accelerated or that the Vehicle would be repossessed for failure to make her payment. 25. Factory Finance did not inform Consumer that it was accelerating the debt nor did it send the consumer a notice of Consumer's right to cure the default. 26. On January 22, 2004, Factory Finance mailed a notice to Consumer, ostensibly pursuant to MVSFA § 623 (hereinafter "the Statutory Notice"). The notice informed Consumer that her vehicle had been repossessed, and that it would be held at Leggett Motors for 15 days from the date of the notice, after which date it would be subject to sale. 27. The Statutory Notice issued by Factory Finance to Consumer, which is attached to Plaintiffs Complaint as "C", is incorporated herein by reference. Consumer's right to a particularized notice after repossession is established by the provisions of the Pennsylvania LICC and MVFFA. Both regulate the repossession and disposition of motor vehicles financed under installment sale contracts in Pennsylvania, and, among other provisions, imposes strict requirements upon holders of installment sale contracts, such as Factory Finance, following a repossession. 28. The notice included an amount necessary to redeem the Vehicle, which was itemized as follows: "amount due $7,970.08" and "repo fee $300" for a total "amount to redeem $8,270.08". A copy of this notice is annexed to and incorporated into this Answer and Counterclaims as Exhibit "1". 29. The amount required to redeem the Vehicle was excessive in that the claimed expenses were unauthorized and unreasonable and Factory Finance did not credit Consumer with unearned interest, insurance and other rebates. 30. The amount required to redeem the Vehicle incorrect because it included costs of repossession in the amount of $300 even though the alleged default was not longer than 15 days when Factory Finance; took repossession. 31. Factory Finance did not provide Consumer with notice of the time, date or place of sale as required by the Contract or by law. 32. Factory Finance did not provide Consumer with notice of the sale price or the charges used to calculate the deficiency judgment as required by law. 33. Factory Finance's disposition of the Vehicle was commercially unreasonable. 34. The disposition of the Vehicle was not conducted in good faith. 35. The resale price which Factory Finance obtained for the Vehicle was significantly below the fair market value of the Vehicle at the time of its repossession and sale. 36. Factory Finance's failure to send Consumer an explanation of the calculation of the deficiency was part of a pattern, and consistent with a practice, of failure to comply with the requirements of repossession and sale of collateral. 37. Factory Finance and/or its agents, following repossession and sale of Consumer's vehicle, filed suit and in its complaint negligently and/or fraudulently misrepresented that Consumer is liable for a deficiency balance remaining after disposition of the Vehicle, when, in fact, Factory Finance knows or should know that as a result of its failure to comply with state law, said Consumer is not liable for, and could not be liable for, said deficiency. 38. Consumer has been harmed and has sustained injuries as a result of the unlawful, unfair and fraudulent acts and practices of Factory Finance challenged herein. FIRST AFFIRMATIVE DEFENSE (Commercially Unreasonable Sale) 39. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 40. Factory Finance's sale of the Vehicle was not conducted in a commercially reasonable manner within the meaning of the Pennsylvania's codification of U.C.C. §19-610(b). 41. The following specific actions of Factory Finance, among others not specified here, were commercially unreasonable: a. Failing to deliver a notice stating whether the collateral would be sold at public or private sale; b. failing to notify Consumer of the sale date; c. interfering with Consumer's right to redeem the Vehicle by including an unauthorized fee; d. interfering with Consumer's right to redeem the Vehicle by overstating the amount necessary to redeem the Vehicle; e. failing to notify Consumer of the time and place of sale. 42. Factory Finance's commercially unreasonable sale bars any deficiency; or, in the alternative, Consumer is entitled to the presumption that the fair market value of the Vehicle is equal to and satisfies any debts claimed by Factory Finance. SECOND AFFIRMATIVE DEFENSE (Absence of Valid Default and Acceleration) 43. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 44. Defendant's first payment due date was January 17, 2004 which fell on a weekend. 45. The following Monday, January 19, 2004, at 5:30 in the morning, Plaintiff or its agent repossessed the vehicle. 46. Defendant was given no prior notice of Plaintiffs intent to repossess the vehicle that Monday morning at 5:30 a.m. and no reasonable opportunity to cure the default or reinstate the loan prior to Factory Finance's retaking by stealth. 47. The failure to supply such reasonable notice made Factory Finance's alleged acceleration and Factory Finance's alleged declaration of default wrongful and without effect. 48. Factory Finance's wrongful declaration of default and repossession by stealth of the Vehicle satisfies in full any debt, which Consumer may otherwise have owed to Factory Finance. THIRD AFFIRMATIVE DEFENSE (Failure to comply with Contract Right to Cure) 49. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 50. The contract on which Plaintiff relies is an installment sale contract as defined by the Pennsylvania Motor Vehicle Sales Finance Act, 69 P.S. §601 et seq. (hereinafter "MVSFA") 51. Both the MVSFA, §614 and the Contract provide the Consumer with the right to reinstate the contract. 52. Factory Finance failed to recognize Consumer's right to reinstate as provided in the Contract. 53. As a result of Plaintiffs violations of the MVSFA and the Contract set forth above, Plaintiff is barred from recovering a deficiency judgment against Consumer. FOURTH AFFIRMATIVE DEFENSE (Incorrect calculation of deficiency) 54. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 55. Even if Consumer owes a deficiency, which she expressly denies, Creditor's deficiency claim overstates the amount owing, in that: a. Factory Finance failed to credit Consumer with the full-resale value of the vehicle; b. Factory. Finance failed to credit Consumer for all payments made by Consumer to Factory Finance; c. Factory Finance failed to credit Consumer for all unearned insurance premiums; d. Factory Finance failed to credit Consumer for all unearned interest premiums; e. The repossession, storage and sale expenses claimed by Finance Factory are in excess of fees incurred by Factory Finance, and are excessive and unreasonable; f. The counsel fees claimed by Factory Finance are in excess of fees incurred by Factory Finance, are excessive and unreasonable, are not authorized and are in violation of state law. WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiff, together with reasonable costs. COUNTERCLAIMS COUNT I - CONVERSION! 56. Defendant/counter-plaintiff hereby incorporates paragraph 1-55 above as if the same were fully set forth herein at length. 57. Factory Finance's assertion of dominion over the Vehicle, and its sale of the Vehicle, without complying with the Pennsylvania MVFSA, constitutes conversion. 58. Consumer was damaged by Factory Finance's wrongful repossession and sale of the Vehicle in that she suffered loss of value of the Vehicle and the total loss of its use, possession and enjoyment. 59. This wrongful behavior was conducted intentionally, maliciously, or with reckless disregard for Consumer's rights and interests. 60. Factory Finance's actions constitute the tort of conversion. 61. In converting the vehicle, Factory Finance acted with an evil mind, that is, intending to injure Consumer or consciously disregarding the substantial risk that its conduct would cause significant harm to Consumer. 62. Defendant/counter-plaintiff is therefore entitled to recover actual and punitive damages. WHEREFORE, defendant/counter-plaintiff demands judgment for actual and punitive damages against plaintiff/counter-defendant. COUNT II - VIOLATIONS OF U.C.C 63. Defend ant/counter-plaintiff hereby incorporates paragraph 1-62 above as if the same were fully set forth herein at length. 64. The Vehicle falls within the definition of "consumer goods" contained in Commonwealth of Pennsylvania's codification of U.C.C. § 9-102(a)(23). 65. In the course of the transaction with Consumer, Factory Finance violated provisions of Article 9, part 6, section, including but not limited to the following: a. Improper notice of repossession; b. Failing to provide any notice of sale; c. Failing to sell the Vehicle in a commercially reasonable manner; d. Repossessing the Vehicle even though Consurner attempted to cure any default and reinstate the contract; e. Misleading Consumer regarding her rights of redemption; f. Failing to calculate properly the deficiency or surplus; 66. These U.C.C. violations caused Consumer actual damages of the fair value of the Vehicle or, in the alternative, statutory damages equal to the time-price differential or service charge plus ten percent (10°/6) of the cash price pursuant to 13 Pa.C.S.A. § 9625(c)(2). WHEREFORE, defendant/counter-plaintiff demands judgment for actual damages or, in the alternative, statutory damages equal to the time-price differential or service charge plus ten percent (10%) of the cash price of the Vehicle, against plaintiff/counter-defendant. COUNT III - STATUTORY DAMAGES PURSUANT TO UCC &9-625(el(51 67. Defendant hereby incorporates paragraph 1-66 above as if the same were fully set forth herein at length. 68. Pursuant to 13 Pa.C.S.A. §9625(e)(5), Consumer is entitled to statutory damages of $500 for Factory Finance's failure to comply with the requirement to send an explanation of the calculation of the deficiency. WHEREFORE, defendant/counter-plaintiff demands judgment for actual damages plus $500 against plaintiff/counter-defendant. COUNT IV - BREACH OF DUTY OF GOOD FAITH 69. Defend ant/counter-plaintiff hereby incorporates paragraph 1-68 above as if the same were fully set forth herein at length. 70. 13 Pa.C.S.A. § 1203 requires that Factory Finance act in good faith. 71. Factory Finance breached its duty to act in good faith by repossessing the Vehicle without notice or warning and by intentionally denying Consumer the right to cure and reinstate the Contract. 72. Factory Finance breached its duty to act in good faith by repossessing the Vehicle in retaliation for Consumer's husband having left Dealer's employment. 73. Creditor's breach of its duty of good faith in violation of 13 Pa.C.S.A. § 1203 is wrongful. 74. This wrongful conduct damaged Consumer in that she suffered: the loss of the value of the Vehicle; loss of use, possession, and enjoyment of the Vehicle; and infliction of severe emotional and psychological distress as well as humiliation in front of her neighbors. 75. This wrongful behavior was conducted intentionally, maliciously, or with reckless disregard for Consumer's rights and interests. WHEREFORE, defendant/counter-plaintiff demands judgment for damages against plaintiff/counter-defendant. COUNT V - VIOLATION OF CPL 76. Defendant hereby incorporates paragraph 1-75 above as if the same were fully set forth herein at length. 77. Factory Finance is a person as defined in the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (hereinafter "CPL"). 78. Factory Finance engaged in unfair and deceptive practices by misrepresenting to Consumer: a. the contents of contract and disclosure requirements of the Pennsylvania MVFSA; b. the right to cure or reinstate; C. that Consumer only had a limited time to redeem the Vehicle and that the Vehicle could only be redeemed for $8,270.08. d. the time, place and nature of the repossession sale; e. the existence and amount of the resulting deficiency. 79. Factory Finance engaged in unfair and deceptive Practices by: a. wrongfully declaring a default; b. wrongfully accelerating the note; C. wrongfully repossessing and selling the Vehicle without having provided proper notice of the right to cure; d. violating provisions of Pennsylvania's U.C.C., including but not limited to providing consumer improper notice of sale, selling the Vehicle in a commercially unreasonable manner, and failing to calculate properly the deficiency or surplus; e. violating provisions of Pennsylvania MVSFA, including contents of contract, disclosure requirements and notice of repossession; f. breaching Factory Finance's duty of good faith; g. failing the sell the Vehicle in a commercially reasonable manner; h. failing to send Consumer the explanation of the alleged deficiency required by 13 Pa.C.S.A. § 9616; i. demanding amounts in its notice of redemption and in its deficiency action which it had no right to demand. 80. This wrongful conduct damaged Consumer in that she suffered: the loss of the value of the Vehicle and personal property left in the Vehicle; damage to the Vehicle and personal property; loss of use, possessions and enjoyment of the Vehicle and her personal property; and infliction of severe emotional and psychological distress as well as humiliation in front of her neighbors. 81. This wrongful behavior was conducted intentionally, maliciously, or with reckless disregard for Consumer's rights and interests. 82. The defendant has been injured as a result of plaintiff's actions. WHEREFORE, the Defendant/counter-plaintiff moves this Honorable Court as follows: a. Dismissal of the Plaintiff/counter-defendant's Complaint in its entirety with prejudice; b. That Defendant/counter-plaintiff be awarded treble damages to her name and person, or, alternatively, statutory damages equal to the time-price differential or service charge plus ten percent (10%) of the cash price of the Vehicle, C. That Defend ant/counter-plaintiff be released from any alleged obligation to Plaintiff/counter-defendant pursuant to violations of simple contract and state law. d. That Defend ant/counter-plaintiff be awarded any other relief as the court may deem just, proper and fair. DATE:-5Z t 7/6 L/ Stephe K. Portko, Esquire #34538 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Defendant FACTORY FINANCE COMPANY 701 EAST LOCUST STREET MECHANICSBURG, PA 17055 717-691-0832 01/19,/04 NEIDIGH, TERRY 200 EERGREEN DR MARYSVILLE, PA. 17053 Dear TERRY You are hereby notified that we have repossessed the motor vehicle which is the subject of your sales installment contract because you have failed to maintain your obligation. The vehicle, identified as a 00 CHEVY SILVERADO, VIN#1GCEK19T1YE121685, is being stored at Leggett Motors, 200 N Walnut St, Mechanicsburg, PA It may be redeemed by satisfying the charges listed below within (15) fifteen days from the date of this notice. Kindly call our office today to make arrangements to pay all charges due. If the amount is not paid within forced to take further action for result of this will be forwarded the alloted time period, we may be the collection of the balance. The to the Harrisburg Credit Bureau. Note: Your PA plate and all personal belongings may be redeemed ry calling our office at 701 East Locust Street, Mechanicsburg, PA, 17055, between the hours of 8:00 a.m. and 5:00 p.m. Monday thru Friday. We will make the necessary arrangements for you to pick up your belongings at the impound lot. We will not accept personal checks on repossessed vehicles, you must bring cash or certified check to reclaim your vehicles. The above vehicle will be subject to sale after the expiration of 15 days from the date of this letter. COLLECTION DEPT. AMOUNT DUE a REPO FEE SLY-) LATE CHARGES AMOUNT TO REDEEM 5; <LZ2,__6 9 EXHIBIT "1" VERIFICATION I, Terry A. Neidigh and Nancy J. Neidigh, hereby acknowledge that we are the Answer in the foregoing action; that the averments of the attached document are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: 08/17/04 Terry . ei i Nancy J. Neigh , CERTIFICATE OF SERVICE I hereby certify that I served the foregoing by placing a true and exact copy thereof in the United States mail, postage prepaid, addressed as follows: Lawrence R. Wieder, Esquire MCNEES, WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Dated: Step ee K. Portko r- ? r l C)I 11 .-1 T -n ...r FACTORY FINANCE CO., INC.. Plaintiff V. NANCY J. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 04-3073 Civil Term JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Lawrence R. Wieder, Esquire, Attorney for Factory Finance Co., Inc., Plaintiff You are hereby notified to file a written response to the enclosed DEFENDANT'S AMENDED ANSWER WITH NEW MATTER AND COUNTERCLAIMS within twenty (20) days from service hereof or a judgment may be entered against you. Date: CS (Z?/d Jr Step n K. Portko, Esquire I.D. No. 34538 101 South U.S. Route 15 Dillsburg, PA 170'19 (717) 432-9706 FACTORY FINANCE CO., INC.. Plaintiff V. NANCY J. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 04-3073 Civil Term JURY TRIAL DEMANDED DEFENDANT'S AMENDED ANSWER WITH NEW MATTER AND COUNTERCLAIMS 1. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 2. Admitted. 3. Admitted. 4. Denied. Defendant denies the allegations contained in paragraph 4 of Plaintiffs Complaint except that on December 18, 2003, Defendant bought a 2000 Oldsmobile Alero from Spankey's Auto Sales, Inc., under an installment sale contract, which Contract was assigned to Plaintiff, Finance Factory, Co., Inc. 5. Denied. On the contrary, Plaintiff refused to accept payment and threatened to and did repossess Defendant's vehicle in retaliation of Defendant's husband leaving the employ of Spankey's Auto Sales. 6. Denied. On the contrary, on January 19, 2004, without prior notice and in retaliation, Plaintiff unlawfully repossessed the Vehicle. By way of further answer, the notice attached as Exhibit "C" includes a $300 "repo fee" even though Defendant was not in default longer than 15 days. 7. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, it is denied that any amount is due for the reasons set forth in Defendant's New Matter, and, accordingly, Plaintiff is not entitled to the relief requested. 9. Denied. The allegations contained in paragraph 9 contain mere conclusions of law to which no response is required. By way of further answer, it is denied that the terms of ¶ 8(e) entitle Plaintiff to recover counsel fees in a deficiency action. Further, for the reasons set forth in Defendant's New Matter, Plaintiff is not entitled to the relief requested. 10. Denied. The allegations contained in paragraph 10 contain mere conclusions of law to which no response is required. By way of further answer, it is denied that the terms of ¶ 8(e) entitle Plaintiff to recover counsel fees in a deficiency action. Further, for the reasons set forth in Defendant's New Matter, Plaintiff is not entitled to the relief requested. 11. Denied. The allegations contained in paragraph 11 contain mere conclusions of law to which no response is required. By way of further answer, it is denied that any amount is due for the reasons set forth in Defendant's New Matter, and, accordingly, Plaintiff is not entitled to the relief requested. WHEREFORE, Defendant demands that judgment: be entered in his favor and against Plaintiff, together with reasonable costs. NEW MATTER 12. Defendant hereby incorporates paragraphs 1-11 above as if the same were fully set forth herein at length. 13. On December 18, 2003, Defendant Nancy J. Neidiigh (hereinafter referred to as "Consumer") purchased and financed a used 2000 Oldsmobile Alero, Serial No. 1G3NF52E8YC336256 (hereinafter referred to as the "Vehicle") from Spankeys Auto Sales, Inc., (hereinafter referred to as "Dealer") a car dealership, primarily for personal and family purposes. 14. The financing for Consumer's purchase of the vehicle was arranged by the dealership and provided by Plaintiff, Factory Finance Co., Inc. (hereinafter referred to as "Factory Finance"), under an installment sale contract as defined and regulated by the Pennsylvania Motor Vehicle Sales Finance Act, 69 P.S. §§ 601 et seq. (hereinafter "MVSFA"). 15. The installment sale contract executed by Consumer contains a contractual promise and representation that the holder will not dispose of the financed vehicle after a repossession without first giving the borrower the notices "provided by law." As a result of this provision, Factory Finance contractually agreed to issue the required notices complying with the law in effect at the time of any repossession. 16. The acts of the Factory Finance and Dealer alleged hereinafter were performed by its agents, officers, and employees within the scope of their actual or apparent authority. 17. The officer or officers of Factory Finance involved in the repossession of the Vehicle is/are the same officer or officers of Dealer who sold the Vehicle to Consumer. 18. Consumer purchased the vehicle during the course of her husband's employment with the Dealer. 19. On or about January 1, 2004, Consumer's husband voluntarily terminated his employment with Dealer to go work for a different employer. 20. On or about January 19, 2004, plaintiff Factory Finance or its agents seized and repossessed the vehicle, allegedly due to Consumer's failure to make payments under the contract. 21. After the Vehicle was repossessed, Factory Finance and Dealer communicated with Consumer's husband, using words to the effect that the repossession of Consumer's Vehicle was made in retaliation for Consumer's husband leaving Dealer's employment. Another vehicle financed with Factory Finance but owned by Consumer's husband was previously repossessed by Factory Finance on January 9, 2004 . 22. As a result of the illegal repossession, Consumer suffered the loss of her vehicle and its use and incurred expense to acquire another vehicle. 23.At no time did Factory Finance inform Consumer that she was in default on her obligations or verbally request her to return the Vehicle. 24. At no time did Factory Finance inform Consumer that the Contract payments would be accelerated or that the Vehicle would be repossessed for failure to make her payment. 25. Factory Finance did not inform Consumer that it was accelerating the debt nor did it send the consumer a notice of Consumer's right to cure the default. 26. On January 22, 2004, Factory Finance mailed a notice to Consumer, ostensibly pursuant to MVSFA § 623 (hereinafter "the Statutory Notice"). The notice informed Consumer that her vehicle had been repossessed, and that it would be held at Leggett Motors for 15 days from the date of the notice, after which date it would be subject to sale. 27. The Statutory Notice issued by Factory Finance to Consumer, which is attached to Plaintiffs Complaint as "C", is incorporated herein by reference. Consumer's right to a particularized notice after repossession is established by the provisions of the Pennsylvania UCC and MVFSA. Both regulate the repossession and disposition of motor vehicles financed under installment sale contracts in Pennsylvania, and, among other provisions, imposes strict requirements upon holders of installment sale contracts, such as Factory Finance, following a repossession. 28. The notice included an amount necessary to redeem the Vehicle, which was itemized as follows: "amount due $7,970.08" and "repo fee $300" for a total "amount to redeem $8,270.08". A copy of this notice is annexed to and incorporated into this Answer and Counterclaims as Exhibit "1". 29. The amount required to redeem the Vehicle was excessive in that the claimed expenses were unauthorized and unreasonable and Factory Finance did not credit Consumer with unearned interest, insurance and other rebates. 30. The amount required to redeem the Vehicle incorrect because it included costs of repossession in the amount of $300 even though the alleged default was not longer than 15 days when Factory Finance took repossession. 31. Factory Finance did not provide Consumer with notice of the time, date or place of sale as required by the Contract or by law. 32. Factory Finance did not provide Consumer with notice of the sale price or the charges used to calculate the deficiency judgment as required by law. 33. Factory Finance's disposition of the Vehicle was commercially unreasonable. 34. The disposition of the Vehicle was not conducted in good faith. 35. The resale price which Factory Finance obtained for the Vehicle was significantly below the fair market value of the Vehicle at the time of its repossession and sale. 36. Factory Finance's failure to send Consumer an explanation of the calculation of the deficiency was part of a pattern, and consistent with a practice, of failure to comply with the requirements of repossession and sale of collateral. 37. Factory Finance and/or its agents, following repossession and sale of Consumer's vehicle, filed suit and in its complaint negligently and/or fraudulently misrepresented that Consumer is liable for a deficiency balance remaining after disposition of the Vehicle, when, in fact, Factory Finance knows or should know that as a result of its failure to comply with state law, said Consumer is not liable for, and could not be liable for, said deficiency. 38. Consumer has been harmed and has sustained injuries as a result of the unlawful, unfair and fraudulent acts and practices of Factory Finance challenged herein. FIRST AFFIRMATIVE DEFENSE (Commercially Unreasonable Sale) 39. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 40. Factory Finance's sale of the Vehicle was not conducted in a commercially reasonable manner within the meaning of the Pennsylvania's codification of U.C.C. S 9-610(b). 41. The following specific actions of Factory Finance, :among others not specified here, were commercially unreasonable: a. Failing to deliver a notice stating whether the collateral would be sold at public or private sale; b. failing to notify Consumer of the sale date; c. interfering with Consumer's right to redeem the Vehicle by including an unauthorized fee; d. interfering with Consumer's right to redeem the Vehicle by overstating the amount necessary to redeem the Vehicle; e. failing to notify Consumer of the time and place of sale. 42. Factory Finance's commercially unreasonable sale bars any deficiency; or, in the alternative, Consumer is entitled to the presumption that the fair market value of the Vehicle is equal to and satisfies any debts claimed by Factory Finance. SECOND AFFIRMATIVE DEFENSE (Absence of Valid Default and Acceleration) 43. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 44. Defendant's first payment due date was January 17, 2004 which fell on a weekend. 45. The following Monday, January 19, 2004, at 5:30 in the morning, Plaintiff or its agent repossessed the vehicle. 46. Defendant was given no prior notice of Plaintiffs intent to repossess the vehicle that Monday morning at 5:30 a.m. and no reasonable opportunity to cure the default or reinstate the loan prior to Factory Finance's retaking by stealth. 47. The failure to supply such reasonable notice made Factory Finance's alleged acceleration and Factory Finance's alleged declaration of default wrongful and without effect. 48. Factory Finance's wrongful declaration of default and repossession by stealth of the Vehicle satisfies in full any debt, which Consumer may otherwise have owed to Factory Finance. THIRD AFFIRMATIVE DEFENSE (Failure to comply with Contract Right to Cure) 49. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 50. The contract on which Plaintiff relies is an installment sale contract as defined by the Pennsylvania Motor Vehicle Sales Finance Act, 69 P.S. §601 et seq. (hereinafter "MVSFA") 51. Both the MVSFA, §614 and the Contract provide the Consumer with the right to reinstate the contract. 52. Factory Finance failed to recognize Consumer's right to reinstate as provided in the Contract. 53. As a result of Plaintiffs violations of the MVSFA and the Contract set forth above, Plaintiff is barred from recovering a deficiency judgment against Consumer. FOURTH AFFIRMATIVE DEFENSE (Incorrect calculation of deficiency) 54. Defendant hereby incorporates paragraph 1-38 above as if the same were fully set forth herein at length. 55. Even if Consumer owes a deficiency, which she expressly denies, Creditor's deficiency claim overstates the amount owing, in that: a. Factory Finance failed to credit Consumer with the full-resale value of the vehicle; b. Factory Finance failed to credit Consumer for all payments made by Consumer to Factory Finance; c. Factory Finance failed to credit Consumer for alll unearned insurance premiums; d. Factory Finance failed to credit Consumer for alll unearned interest premiums; e. The repossession, storage and sale expenses claimed by Finance Factory are in excess of fees incurred by Factory Finance, and are excessive and unreasonable; f. The counsel fees claimed by Factory Finance are in excess of fees incurred by Factory Finance, are excessive and unreasonable, are not authorized and are in violation of state law. WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiff, together with reasonable costs. COUNTERCLAIMS COUNTI - CONVERSION 56. Defendant/counter-plaintiff hereby incorporates paragraph 1-55 above as if the same were fully set forth herein at length. 57. Factory Finance's assertion of dominion over the Vehicle, and its sale of the Vehicle, without complying with the Pennsylvania MVFSA, constitutes conversion. 58. Consumer was damaged by Factory Finance's wrongful repossession and sale of the Vehicle in that she suffered loss of value of the Vehicle and the total loss of its use, possession and enjoyment. 59.This wrongful behavior was conducted intentionally, maliciously, or with reckless disregard for Consumer's rights and interests. 60. Factory Finance's actions constitute the tort of conversion. 61. In converting the vehicle, Factory Finance acted with an evil mind, that is, intending to injure Consumer or consciously disregarding the substantial risk that its conduct would cause significant harm to Consumer. 62. Defendant/counter-plaintiff is therefore entitled to recover actual and punitive damages. WHEREFORE, defendant/counter-plaintiff demands judgment for actual and punitive damages against plaintiff/counter-defendant. COUNT II -VIOLATIONS OF U.C.C 63. Defendant/counter-plaintiff hereby incorporates paragraph 1-62 above as if the same were fully set forth herein at length. 64.The Vehicle falls within the definition of "consumer goods" contained in Commonwealth of Pennsylvania's codification of U.C.C. § 9-102(a)(23). 65. In the course of the transaction with Consumer, Factory Finance violated provisions of Article 9, part 6, section, including but not limited to the following: a. Improper notice of repossession; b. Failing to provide any notice of sale; c. Failing to sell the Vehicle in a commercially reasonable manner; d. Repossessing the Vehicle even though Consumer attempted to cure any default and reinstate the contract; e. Misleading Consumer regarding her rights of redemption; f. Failing to calculate properly the deficiency or surplus; 66. These U.C.C. violations caused Consumer actual damages of the fair value of the Vehicle or, in the alternative, statutory damages equal to the time-price differential or service charge plus ten percent (100/6) of the cash price pursuant to 13 Pa.C.S.A. § 9625(c)(2). WHEREFORE, defendant/counter-plaintiff demands judgment for actual damages or, in the alternative, statutory damages equal to the time-price differential or service charge plus ten percent (10%) o'f the cash price of the Vehicle, against plaintiff/counter-defendant. COUNT III - STATUTORY DAMAGES PURSUANT TO UCC 49-625(e)(5) 67. Defendant hereby incorporates paragraph 1-66 above as if the same were fully set forth herein at length. 68. Pursuant to 13 Pa.C.S.A. §9625(e)(5), Consumer is entitled to statutory damages of $500 for Factory Finance's failure to comply with the requirement to send an explanation of the calculation of the deficiency. WHEREFORE, defendant/counter-plaintiff demands judgment for actual damages plus $500 against plaintiff/counter-defendant. COUNT IV - BREACH OF DUTY OF GOOD FAITH 69. Defend ant/counter-plaintiff hereby incorporates paragraph 1-68 above as if the same were fully set forth herein at length. 70. 13 Pa.C.S.A. § 1203 requires that Factory Finance act in good faith. 71. Factory Finance breached its duty to act in good faith by repossessing the Vehicle without notice or warning and by intentionally denying Consumer the right to cure and reinstate the Contract. 72. Factory Finance breached its duty to act in good faith by repossessing the Vehicle in retaliation for Consumer's husband having left Dealer's employment. 73. Creditor's breach of its duty of good faith in violation of 13 Pa.C.S.A. § 1203 is wrongful. 74. This wrongful conduct damaged Consumer in that she suffered: the loss of the value of the Vehicle; loss of use, possession, and enjoyment of the Vehicle; and infliction of severe emotional and psychological distress as well as humiliation in front of her neighbors. 75. This wrongful behavior was conducted intentionally, maliciously, or with reckless disregard for Consumer's rights and interests. WHEREFORE, defendant/counter-plaintiff demands judgment for damages against plaintiff/counter-defendant. COUNT V - VIOLATION OF CPL 76. Defendant hereby incorporates paragraph 1-75 above as if the same were fully set forth herein at length. 77. Factory Finance is a person as defined in the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (hereinafter "CPL"). 78. Factory Finance engaged in unfair and deceptive practices by misrepresenting to Consumer: a. the contents of contract and disclosure requirements of the Pennsylvania MVFSA; b. the right to cure or reinstate; c. that Consumer only had a limited time to redeem the Vehicle and that the Vehicle could only be redeemed for $8,270.08. d. the time, place and nature of the repossession sale; e. the existence and amount of the resulting deficiency. 79. Factory Finance engaged in unfair and deceptive practices by: a. wrongfully declaring a default; b. wrongfully accelerating the note; c. wrongfully repossessing and selling the Vehicle without having provided proper notice of the right to cure; d. violating provisions of Pennsylvania's U.C.C., including but not limited to providing consumer improper notice of sale, selling the Vehicle in a commercially unreasonable manner, and failing to calculate properly the deficiency or surplus; e. violating provisions of Pennsylvania MVSFA, including contents of contract, disclosure requirements and notice of repossession; f. breaching Factory Finance's duty of good faith; g. failing the sell the Vehicle in a commercially reasonable manner; h. failing to send Consumer the explanation of the alleged deficiency required by 13 Pa.C.S.A. § 9616; i. demanding amounts in its notice of redemption and in its deficiency action which it had no right to demand. 80. This wrongful conduct damaged Consumer in that she suffered: the loss of the value of the Vehicle and personal property left in the Vehicle; damage to the Vehicle and personal property; loss of use, possessions and enjoyment of the Vehicle and her personal property; and infliction of severe emotional and psychological distress as well as humiliation in front of her neighbors. 81. This wrongful behavior was conducted intentionally, maliciously, or with reckless disregard for Consumer's rights and interests. 82. The defendant has been injured as a result of plaintiffs actions. WHEREFORE, the Defend ant/counter-plaintiff moves this Honorable Court as follows: a. Dismissal of the Plaintiff/counter-defendant's Complaint in its entirety with prejudice; b. That Defendant/counter-plaintiff be awarded treble damages to her name and person, or, alternatively, statutory damages equal to the time-price differential or service charge Ip us ten percent (10%) of the cash price of the Vehicle, c. That Defendant/counter-plaintiff be released from any alleged obligation to Plaintiff/counter-defendant pursuant to violations of simple contract and state law. d. That Defendant/counter-plaintiff be awarded any other relief as the court may deem just, proper and fair. DATE: dIZ/?u c Ste a K. Portko, Esquire #3453 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Defendant VERIFICATION I, Terry A. Neidigh and Nancy J. Neidigh, hereby acknowledge that we are the Defendant in the foregoing action; that the averments of the attached document are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: August 23 2004 Terry A eidig a, , cy J. e' igh FACTORY FINANCE COMPANY 701 EAST LOCUST STREET MECHANICSBURG, PA 17055 717-691-0832 01/22/04 NEIDIGH, NANCY 200 EVERGREEN DR MARYSVILLE, PA. 17053 Dear NANCY You are hereby notified that we have repossessed the motor vehicle which is the subject of your sales installment contract because you have failed to maintain your obligation. The vehicle, identified as a 00 OLDS ALER.O, VIN#1G3NF52E8YC336256, is being stored at Leggett Motors, 200 N Walnut St, Mechanicsburg, PA It may be redeemed by satisfying the charges listed below within (15) fifteen days from the date of this notice. Kindly call our office today to make arrangements to pay all charges due. If the amount is not paid within the alloted time period, we may be forced to take further action for the collection of the balance. The result of this will be forwarded to the Harrisburg Credit Bureau. Note: Your PA plate and all personal belongings may be redeemed by calling our office at 701 East Locust Street, Mechanicsburg, PA, 17055, between the hours of 8:00 a.m. and 5:00 p.m. Monday thru Friday. We will make the necessary arrangements for you to pick up your belongings at the impound lot. We will not accept personal checks on repossessed vehicles, you must: bring cash or certified check to reclaim your vehicles. The above vehicle will be subject to sale after the expiration of 15 days from the date of this letter. COLLECTION DEPT. AMOUNT DUE 71i 10, 09' FtEPO FEE 300. ()C) LATE CHARGES AMOUNT TO REDEEM gD7a' O0 EXHIBIT "1" CERTIFICATE OF SERVICE I hereby certify that I served the foregoing by placing a true and exact copy thereof in the United States mail, postage prepaid, addressed as follows: Lawrence R. Wieder, Esquire MCNEES, WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Dated: t Step en K. Portko FACTORY FINANCE CO., INC., Plaintiff V. NANCY J. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 04-3073 Civil Term REPLY OF THE PLAINTIFF, FACTORY FIIVANCE CO. INC. TO THE DEFENDANT, NANCY J. NEIDIGH'S AMENDED NEW MATTER AND COUNTERCLAIMS REPLY TO NEW MATTER, 12. The paragraph does not contain an averment of fact to which a responsive pleading is required. 13. Admitted in part, denied in part. It is admitted that the vehicle was purchased on that date. It is denied that the financing was through Spankey's; rather, it was through Factory Finance Co. Inc. It is denied that the Defendant purchased the vehicle primarily for personal and family purposes as after reasonable investigation, Factory Finance is without knowledge or information sufficient to form a belief as to the truth of the averment. 14. Admitted. 15. The averment is a conclusion of law to which no responsive pleading is required. 16. Admitted. 17. Denied. The vehicle was not sold by an officer of Spankey's. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted in part, denied in part. It is admitted that Factory Finance caused the vehicle owned by Defendant's husband to be repossessed. It is denied that Factory Finance and Spankey's communicated to Defendant that her vehicle was being repossessed in retaliation for Defendant's husband leaving the employment of Spankey's. 22. The averment is a conclusion of law to which no responsive pleading is required. 23. Denied. Factory Finance informed Defendant that she was in default and that the vehicle could be repossessed. 24. Denied. After reasonable investigation, Factory Finance is without knowledge or information sufficient to form a belief as to the truth of the averment. Accordingly, the averment is denied. 25. Denied. It is denied that Factory Finance failed to send Defendant a notice of her right to cure the default. The balance of the averment is denied as after reasonable investigation, Factory Finance is without knowledge or information sufficient to form a belief as to the truth of the averment. 26. Denied. The document, being a writing, speaks for itself. 27. The averment is a conclusion of law to which no responsive pleading is required. 28. Denied. The document, being a writing speaks for itself. 29. The averment is a conclusion of law to which no responsive pleading is required. 30. The averment is a conclusion of law to which no responsive pleading is required. 31. The averment is a conclusion of law to which no responsive pleading is required. 2 32. The averment is a conclusion of law to which no responsive pleading is required. 33. The averment is a conclusion of law to which no responsive pleading is required. 34. The averment is a conclusion of law to which no responsive pleading is required. 35. The averment is a conclusion of law to which no responsive pleading is required. 36. The averment is a conclusion of law to which no responsive pleading is required. 37. The averment is a conclusion of law to which no responsive pleading is required. 38. The averment is a conclusion of law to which no responsive pleading is required. I - Commercially Unreasonable Sale 39. The paragraph does not contain an averment of fact to which a responsive pleading is required. 40. The averment is a conclusion of law to which no responsive pleading is required. 41. The averment is a conclusion of law to which no responsive pleading is required. 42. The averment is a conclusion of law to which no responsive pleading is required. 3 II - Absence of Valid Default and Acceleration 43. The paragraph does not contain an averment of fact to which a responsive pleading is required. 44. Admitted. 45. Admitted in part, denied in part. It is admitted that Plaintiff caused the vehicle to be repossessed. It is denied that the repossession occurred on January 19, 2004 at 5:30 a.m., as Plaintiff was not present at the time. 46. Denied. It is denied that Plaintiff failed to give prior notice or a reasonable opportunity to cure the default. 47. The averment is a conclusion of law to which no responsive pleading is required. 48. The averment is a conclusion of law to which no responsive pleading is required. III - Failure to comply with Contract Flight to Cure 49. The paragraph does not contain an averment of fact to which a responsive pleading is required. 50. The averment is a conclusion of law to which no responsive pleading is required. 51. The averment is a conclusion of law to which no responsive pleading is required. 52. The averment is a conclusion of law to which no responsive pleading is required. 4 53. The averment is a conclusion of law to which no responsive pleading is required. IV - Incorrect Calculation of Deficiency 54. The paragraph does not contain an averment of fact to which a responsive pleading is required. 55. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant. REPLY TO COUNTERCLAIMS Count I - Conversion 56. The paragraph does not contain an averment of fact to which a responsive pleading is required. 57. The averment is a conclusion of law to which no responsive pleading is required. 58. The averment is a conclusion of law to which no responsive pleading is required. 59. The averment is a conclusion of law to which no responsive pleading is required. 60. The averment is a conclusion of law to which no responsive pleading is required. 61. The averment is a conclusion of law to which no responsive pleading is required. 5 62. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant . Count II - Violations of UCC 63. The paragraph does not contain an averment of fact to which a responsive pleading is required. 64. The averment is a conclusion of law to which no responsive pleading is required. 65. The averment is a conclusion of law to which no responsive pleading is required. 66. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant. Count III - Statutory Damages Pursuant to UCC 40-625(e)(5) 67. The paragraph does not contain an averment of fact to which a responsive pleading is required. 68. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant. 6 Count IV - Breach of Duty of Goc!d Faith 69. The paragraph does not contain an averment of fact to which a responsive pleading is required. 70. The averment is a conclusion of law to which no responsive pleading is required. 71. The averment is a conclusion of law to which no responsive pleading is required. 72. The averment is a conclusion of law to which no responsive pleading is required. 73. The averment is a conclusion of law to which no responsive pleading is required. 74. The averment is a conclusion of law to which no responsive pleading is required. 75. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant Count VI- Violation of CPIL 76. The paragraph does not contain an averment of fact to which a responsive pleading is required. 77. The averment is a conclusion of law to which no responsive pleading is required. 78. The averment is a conclusion of law to which no responsive pleading is required. 7 79, The averment is a conclusion of law to which no responsive pleading is required. 80. The averment is a conclusion of law to which no responsive pleading is required. 81. The averment is a conclusion of law to which no responsive pleading is required. 82. The averment is a conclusion of law to which ino responsive pleading is required. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant. Respectfully submitted, McNEES WALLACE & NURICK LLC By Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. L Dated: SeptemberIl , 2004 8 09/28/2004 16:23 7176913418 SPANKEV'S ALrro SALES 08/28/2004 13:40 FAX 717 237 5300 GICNEES @ALLACE & NURICK VERIFY ICA71ON PAGE 21 rid. 020/020 I, Alan Myers, General Manager of Factory Finance Co., Inc., a corporatiM Plaintiff in the within action, verify that the statements made: in the foregoing document are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authori"°r, Dated: September 191-?' 2004 CERTIFICATE OF SERVICE A-/ AND NOW, on this %,,? day of September, 2004, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Stephen K. Portko, Esquire BRATIC AND PORTKO 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 McNEES WALLACE & NURICK LLC By Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. n N O cn 11J? P„,J C7 Q , 'r7 ""tT t W > co w Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor O ZJ A .3013 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573