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HomeMy WebLinkAbout04-3074COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS County of Cumerland JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 04 -307'q NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common fleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below NAME OF A"KLAW Terry A. Neidiah ADDEESS OF APrELIAW I MAC. DoT NO OR NAME or oA Thomas Placey 09-3-04 CITY STATE ZIP CODE 200 Evergreen Drive Marysville PA 17053 DATE OF AncMEW N THE CASE OF ~ft) (D.Widem) June 3, 2004 (Factory Finance Co., Inc. vs. Terry ?Pvs,,NNe`1iidigh CLAIM NO SNAyC ?/ Y" ` 1_ Y NT cvzo -0000247-04 . LT 20 S?eft-,e i k. '?6,+ko vk,3<f -3S This block will be signed ONLY when this notation is required under Pa. RCPJP. No if awellant was CLAIMANT (see Pa. R.C.P.J.P. ND. 10089 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 Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. 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. tF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Factory Finance Co., Inc. , appe"s), to file a canploW in ft appeal Name of ggoeE S) (com an Pteas No ny -2&.,7q oil ?i.C?At-ly )within twenty (20) days a? of ru a suffer try?nooon pros. l spnsha of E a IRS ROOM" or do" RULE: To Factory Finance Co., Inc. CIPPASOK Nerre co anpeA S) (1) You are notified that a rule is hereby entered upon you to file a complaint in No appeal within twenty (20) days after the dare of service of this rule upon you by personal service or by certified or registered mail (2) N you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mug is the date of marring n Deb: J (L( t / , 20ZZY D•t 0 . t?'? y 70 ??n d a AOPC 312-00 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of serv?ca MUS F BE 11 E0it/ N FN , , ru rS ArTER h6uy it P,olrce .•i appeal. C eck apoicabe boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY AFFIDAVIT: I hereby swear of affirm that I served ? a copy of the Notice of Appeai Cammen Pleas Nn _ open the District Justice designated therein on (date of Service) ---- --------- ___ by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appelie.. (nania,, on _ . 20_ ? by persona! service ? by (certified) rregistereo) mail, sender's receipt attached hereto. ? and further that 1 served the Rule to Five a Complaint ac:ompanying the above Notice of Appeal upon the appeltee(s) to whom the Rule was addressed on 20 ? by personal service ? by (certified) (registered) mail, sender's tempt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE Mr. THIS DAY OF zG Signature nature of avant Signature of official before whom affidavit was made Title of official My commission expires on 20-___. ..5 n ,. v COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 DJ Name: Man. THOMAS A. PLACEY Addf85s 104 T. SPORTING HILL RD. MECHANICSBURG, PA Teleanone: (717 ) 761-8230 17050 TERRY A. NEIDIGH 200 EVERGREEN DRIVE MARYSVILLE, PA 17053 THIS IS TO NOTIFY YOU THAT: Judgment. NOTICE OF JUDG?+MENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rFACTORY FINANCE CO., INC. 701 EAST LOCUST 3T MECHANICSBURG, PA 17050 L VS. DEFENDANT: NAME and ADDRESS fkEIDIGH, TERRY A 200 EVERGREEN DRIVE MARYSVILLE, PA 17053 L J J ?DocketNo.: CV-0000247-04I Date Filed: 4'/23/04 DEFAULT JUDQMRNPLTF. ---- 0 Judgment was entered for: (Name) FA(:TARV RTNAIITP-R r`n , TN(' - ?X Judgment was entered against: (Name) NRTnTGR, TRRRY A in the amount of $ 8, l 51.50 on: (Date of Judgment) 61171111114 Defendants are jointly and severally liable. F7 Damages will be assessed on: ? 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 $ (Date & Time) Amount of Judgment $ 8,000.00 Judgment Costs $ 151.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,151.50 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,PAYSJN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. >c v „ (3 I °`f Date District Justice; I cblify that this is a true al c_orrest CONY Or tzhE containing the judgment. Date t District Justice My commission expires first Monday of January AOPC 315-03 DATE PRINTED: 6/03/04 11:01:54 AM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service M'JS r r_ -'LEL vb cN . f'N f 1'), UA 1'S AFTER filing the notice of appeal Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF. AFFIDAVIT: I hereby swear of affirm that 1 served B? a copy c' the Noiice of Appeal Comhr:n Pleas No C fupon the District Justice designated therein on 1 - idafo of servlcc„ by personal service ?.by loertified) (regictored) mail, sender's F .e /' •7 ?r• on receipt ariacheo rereto. and upon toe appelle, (name! c ified) (r d) mail, sender's receipt attached hereto. 20 C by personal service tSkbY ( e9e and fu er that I served the Rule to F:e a Cornpla+nt ac.ompanying the above Notice of Appeal upon the (certified) Is) i regwWred) the Rule was addressed on 20 /21 E3 by personal service 0-by mail, sender s receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE MF THIS M DAv OF zQO__ S+gnature of aRant signature of official before whom 3Hidav6 .vas made Ti"', si --- -------- - M y commission expires on OMMONWEALTH G .PENNSYLVANIA Notuial Sed Public Deborah L. Gnluru, Notary Dillsburg. Born, York county My Commission Expires July 8, 2007 .? . Po to CERTIFIED MAIL,. RECEIPT out D- U- r trl ,n (Domestic Mail only; No insurance Coverage PM1 iptta??a?arai , ?Yifill?WYi m m X66 ui so6 L.. U r Un m m ..D Postage $ SO.yi ,? LSBURgA, `° Postage. $ $0.37 SBURG on $2.30 V 0019 ' m cedmedFee •s"w O W" 'o Codified Fee O C3 02 ' Pustm O Postmark - O p Return Reclept Fee (Endorsement Required) $1,75 Return R, Pl Fee ` Hen O (Entlorsemem Required) r' rr , -11 ( 09 Here •) I il O Restricted Delivery Fee $0.00 O Restrlcmd Delivery Fee Lot (Endowment Required) $O,IIO O t. 204 Lit (Endorsement Required) v Total Postage & Fees f4.42 $ 07/02/20 o Total Postage & Fees $ $4.42 07!02!2004/ ? , p S . p ? C0 o sentio QCl C r ?/ !)lk JIC e lY t _i f..... ill KY1GS..7'.._Z?li?P . ...-. .__ _ __ _ _ 1 _ r M1 M1 Sbeet,Apt No.; - cl Sfreetp_ RlJO.c . u ac G')il?_A no h3 _ C_ t `tom' -14 COMMONWEALTH Of PENNSYLVANIA E7COUR TOf COMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS He. ::.k_f - (? -141 L i L+l NOTICE OF APPEAL Natice is Siren that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the cast mentioned bwo, Fern,- A. c!e•ic?o;: ?Cf rverc;i-can 1:!r ?,>,:. OF DG WANT N June ` - ?C(c r-, -c ,; . CV 20 1rrn?n-_rz LT 20 31 + ------------------- Tha block will be signed M. when this nobeen is 10086 requiefc! under a RCPJP. Na This Weliee of Appeal, when received by the Distip Justice, will operate as W SUPERSEDEAS to the judgment for possession in this case or r°; ; M OR ( AT RNEY NT ?Z `3YS3F If aPApant was CLAIA AA T1(ffie Pa R:C.P.J.P. No. 100f(6) in action before District Justice, he HJST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. wit ---- - -- - -•-^ m?.- rv rRae a.vmrLAmF AND'RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C. P.J. P. No. 1001(7) in action before IF NOT USED, detach frorn copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary _7 e. Enter mile _upon 1§'i nor cc .. ,vane d eppe/kefsl aPPelbe(s), to fib a complaint in this appeal (Common Pleas No -/)4 rithin twenty (20) dw-o after Service . of rule or suffer entryff ? II AY?M d non pros. -49naore Of gaoeralt roes alansy or soem RULE: To? do v Finar!ce Co., Irc. *a) Nine If R7reANfsl (1) You are notified Hat a rub is hereby entered upon you to fib a complaint in this appeal within ) days after the date of service of this rule upon you by Pgrsoral-servicl or by certified or registered mail, twenty (20 (2) H you do not fik 0arrplakM within *hme, a JUDGMENT OF NON PROS WILL BE ENTERED AGARrST YOU. (3) The date of service of this rul" service was by mail is the dale of nailing. Daft. )dE T AOPC ¦ COURT FILE FACTORY FINANCE CO., INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No.: 04-3074 Civil Term TERRY A. NEIDIGH, Defendant 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 I F 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES; THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Phone: 717 249-3166 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: July, 2004 2 FACTORY FINANCE CO., INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No.: 04-3074 Civil Term TERRY A. 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, Terry A. Neidigh, is an adult individual, residing at 200 Evergreen Drive, Marysville, PA 17053. 3. On or about August 5, 2003, Defendant purchased a 2000 Chevrolet Silverado (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 Twenty- Five Thousand, Three Hundred Forty-Eight Dollars and Seventy-Five Cents ($25,348.75) 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 Fourteen Thousand, Nine Hundred and Twenty Dollars ($14,920). 8. The balance owed Plaintiff, pursuant to the terms of the loan portion of the Contract is Ten Thousand, Four Hundred Fifty Three Dollars and Ninety-Two Cents ($10,453.92). 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 Two Thousand and Ninety Dollars ($2,090). 11. Plaintiff has also expended the sum of One Hundred Fifty-One Dollars and Fifty-Cents ($151.50) 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, Terry A. Neidigh, in the amount of Twelve Thousand Six Hundred Ninety Five Dollars and Forty-Two Cents ($12,695.42), plus any additional costs incurred in filing this Complaint and litigating the matter. Respectfully submitted, McNEES WALLACE & NURICK LLC i By l/ 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 QZ-, 2004 2 07/21/2004 10:53 7176913418 SOURCE IPA QMAIN51. (1`NIC4WRG. PA 1)055 OKOUrE911 A15, PHONE: (f11) rn-Tnr PHONE: PuMTERRY NEIDGH NAME SPANKEY'S AUTO SALES ?KE1 1 AUTO SALES, INC. A III SUMMERDALE, PA 1)025 U 1705 HARRISBURG PIKE, CARUSI E, PA 1'r015 (7171Z_ TTr PHONE (717) 5413410 NOME PHONE PAGE 02 STOCK No. 160 N .1592 %4TH STREET, IEWISTOWN, PA 17W PHMIK (717) N7-3= BUSINESS PHONE - 08/05/03 DATE I HEREBY PURCHASE FROM YOU, SUBJECTTO ALL TERMS, CONDITIONS, AND AGREEMENTS CONTAINED HEREIN, THE FOLLOWING: YEAR MAKE &)DYTYPa CD 2000 SERLLLNUMeER SALESMAN i8C e DESCRIPTION • TRADE-IN SELLING PRICE: YEAR MAKE MODEL COMMENTS: TYPE SERIAL NUMBER -WADI A 111 MI LcI NO. 0. . . COLOR EKPIRATIDN GATE PAVOPP DUE lO : STOCK Np. INSURANCE INFORMATION TOTA'-BAILING PRICE INSURANCE CO. Less: TRADE ALLOWANCE POLICY NO. TAKABLEsuffrom EFFECTIVE DATE AGENT SALSA TAx AGENTS AODRE55/PHONE NUMBER ' TAG PEE - Spankey'sAutoSales Inc SOLDWITHLIMITEDWARRANTY (Dealer) 10 , ? . . 1 00 i d a ll i d li f f i TITLE PEE m warr nty on this vehicle ow ng e or50 days or will provide a l te o very 0 miles, whichever Comes first. Dealer will pay 50% and customer will pay 5D% for Covered items based on the retail basis of parta and labor used. This warranty doYars i s the engine (including pialons, rings, crankshaft, crankcase, and eng ne bearings), the transmission, and(hs raw and. This warranty does not cover valve Cover gaskets,seals S. D ofanykind, fluids. tires, battery glass, clock, heater, radio or Beats and other upholstery. DoCnNCTARYFEE The Information you ate on Ile window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of 5S.0 0 sets. Unauthorized repairs will not be aid. You are responsible for tear-down and 'MAm!611011? TNVIRANCE 299 0-- repair epair costs if It is determined that falled component(s,/pan(s) are not Covered under All h i i i i d d warranty op. Is l s n this lim te warranty. work must be done at our s mite lieu of any other warranty either expressed or implied, including the Implied waranty TOTAL. PRICE of merchantability and fitness for a particular purpose. 25513-C 6 Less: DEPOSrr Dealer's Signature COD Customer' Signature BALANCE ON DELIVERY /WINCE SOLD AS 18 . This motor vehicle is sold 0e is without any warmirly either TWA= A lz fitness for a partcular purpose. The purchaser will bear the entire expanse Lt repairing or oormotng any clefecla that presently lariat or that may occur In the vehicle. As purchaser I am ecceOng this vehicle without any guarantess BE to the year and model and without any guarentes against ansand all mechanical defects, and also Without a recent state inspection. Delivery Of th vehicle is made al my own risk and I will not hold the seller or any of its agents responsible for an hing that may happen to thin vehicl0 at any time in the future. There are no verbal undo standings in Connection with this sale and I intend to be bound by this declaration. Customer's Signaturs PURCHMER Witness 07/21/2004 10:53 7176913418 SPANKEY'S AUT17 SALES PAGE 03 aA'AIOTDR VEHICLE INSTALLMENT SALE CONTRACT, OWed or, _AIM .1g_PIIO3 Amount Financed Total of P aymellw Total Sale Price ANNUAL PERCENTAGE FINANCE CHARGE The r"ou"t of credit _ l The amount you ill have ryd ARM The OW gar of your pumhms RATE Tb dour arnaldll the Prmitletl to you or on d d to your you hew metll all Khrluled peY^r on credit, Including you, dowrpaymeN. Th* W9 of your me llt croon win mnl yen. . maymdyrate ofs k/A % E s 9 9051.60 Your Pw and Schedule will b: It meem an emi No, of Pe N t Pa mants W D PdlmNly: be as giving a Security intdrmt In the geode m prapety being d purtlmantl. 120 , s 4,1. nl . ig ? fpief dgemiptlcn of other propeey) JIM' Be Pmq; LM Ch1W M' a payment is We 15 days or mool you will be Charged two PrepdNnMb N Ym pay elf -r7y. Ym will eel ova ro ply a prmly. (216) pol l of me payment. Sae your Contract below to, 4,R' m itilrW hbrmsion shout Ilml payment, dealt, My resulted repayment in full belong me scheduled doe vA prepayment refunds, And W411K' ON Commit 4 Newman S.A. ant OMM AN diabeeae Ire bm moos by Sell.. Bob imanh to R., Ihii Call W FlwwT Ivan., Co. Inc nerd Maw. . 10 this Crrrw were 4,b Adm. SPAS UIS. A11T0 CAI F[ TNf 701 F I Of lIST_ST MECHARTCSRURG• Pffp-W 17055 110 P You 4,1 Th. BmrbL T RRY A N IOI6H 200 FVFRFRFFN nR MARYSV TIIF.P Eedr NN rem is If there is man dun MR Buyer. each of vm will be aaliesmA anpraley ant IUpr1,r,INOil jams due N and die performance of ill Memo provided In thk Cmtrmt. The terms champ in the booms am W of thisCMlnm. You have read He prebend undo, thrums of this CmN , des following TO"whkle and he 111000 CIIEVR01 F CTI VCRAD Sr $ 1 fPFN1911YF121.6RC Equipped ? A.T. ? PA 4 Judi Sono 0 5 $mJ. Other ,vier ? A.C. ? P.W.? AM-FM Tm. ? virg Tap You have low*" 3 S Y/Aaf N/A the fell.ydng vehicle ?- below. Join CmM fife Imuesnm r Come stmemenNN Is sigoed by the 1144,0110 CREDIT INSURANCE M the nvrm eEa.l By eianim, ym rend single Credit Ufa Imrarwa. Dy eM1D you or Sngle Credit Aecilem A He" whkh Come 1 777.13 In mm, wmeh Core e 197q 29 'pmeun a esh m. 4, r 10 Credit lid - =01 O &Ner ro be b=4, r e we rd 17 kwraRU Ym MAW kWUr egg??O- re . I. ay urar Mo whr NraM?40-Ron t. The, imwrwe Net Trorlon $ NIA Fthenm Nmis Cash DownpsYment mgfminmrame +f NIA- the aparmor"No ED Total Downpayment i OF PROPOSED •f By signima you both want Jdm Gvdlt Ull lm.Nce, .Mier amts 1 MIA .. Who re Your ages?. Year 7, _ Year 9ipmmes N ba Sure" r Roved 1r,hiM Gehl Lit, IRrvhmo! PAYMENT SCHEDULE You sPw Is on m the Tone 3110 Prim f. the YYwt, b/ maeiE ON TOW OewmaymamW Pwft N do kw IT pion kwon Is the gamble and mwM o1 Oaynwr dm .in the PeNmmlt Sch lok PaYrdeek n be me& at .FACTORY FINANCE CO., INC. 701 E. LOON Snort Mmhemkaburg, PA 17055 Imr-A.Nge" p" Annum EkmmdrWth, Finance .lb Fkrwa Chrp,mhrM,seeYeilttnr chmpeed sae daiMmtbmrmmdiMblameeMMemttWm.d.Toe Ylnaw Chaw shrm above Am 'MR of the Inemme . diseases, wed b mllected k the 1.0 PW NK which along with del TOW of PWmemA will be medified maurd'nlh. Yea pay props, el ar any PM at Use balga Mr4,w Hma without pMNy m pnrn6N. SECIMY AORPENRRT: To mmm and psymem W AM ewes, due and RN Pdmmgae of all 00 Iw ply, rem M debate me ON 15 does where c m tmk Small or the Y1mre. nor came a MOW FORM FOR THIS VEHICLE IS PART OF THR ON THE WINDOW FORM OVERRIDES AN1 MRC MUM' THIS CWMCT CONTINUES ON THE TO R LTHE TERMS OF THIS CONTRACT WHICH APPEAR By sloeng bow me a" m anllvr While m Yea rem ON 1 .a or this COWS We ego rigs two Comae m d4, "Angmes" named dare M vaNd.O:ddh 4,b AOaipment n 0. "Cone side ? WITHOUT RECOURSE ? WITg FULL RECOURSE ? WITH REPURCHASE IN BLANK SELLER yeA ?? (SEAL) BUYER - ?g1 ISEAI SY: (SEAL) BUYER IBEX 1 BU ACK ES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING. BUYER ` Re! t6rn DOWN NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. "in: FAMAY 111JUICE CO. m RIOtr CUSTOM Every M11111 Plm' MMAR PddpERT'f INSURANCE: You w mquhed Is almain and mektais the 1044. 19 imranma an the vehicle. AutWW I Neeeal D,maga liner: ? CrPnleanev, S 1111A ? nmaga 1, Collision s_ N! A ? Towing and bbM ?Omar IDdwibel _ 07/21/2004 14:05 7176913418 SPANKEY'S AUTO SALES PAGE 02 AODRIONAL 1. Your least night, i rmw the Fiats b pill all w pal N as er .W due an this Copl in drama of IhM due doles without penally of Pfondtwc old. wilt our eon W, to ref s?etthe Contra" and wind. b rein. at the Vehicle 11 It lake p wsaesian M it benefits of Your 2. You win not pl.mh m other the" us to ehtom s setwtty interim oe "Mr itilharls the Vehicle, YOU will pay ell filing lees emn um, for us Ip ablate and mhmal, our m.My Intense its Whitle. YOU will "list w M having aF vweiM Internal noted on the Cenilicale of T"la to tie Vehicle. 3. You will kelp da Vehicle in trod widihae N "Pain You won pay sly Islas and chilies ern the VehiC11. You win Pay all calls of maimwning a. Vehicle . YOU wig ml abuse il. VINCIe err actual onvOluno w be &a- to Ike Vdi"e whichwlll lesson mvalue, aMrthonlwnmmalm ll.nd uld. Yamfll NI we till Vehicle Ill 11149.1 Purposes eI let Mn.Ya will W mow fill Vehicle Imam your address shown an IM From lit a eNJ permanent 01xe of Nrtginp withmi n1iMlm us in advance. 4. yauaill kxplh4 Vehicle lnwld e9•wY fiff, her, and collision net all wma it., us are said IOWA . The f.edronce saerage mil be owifin m, to a ad poop your inbnsls sad tot Interests el roe time of ary inumtl bas. The inewame most be mines by an imwa.ee territory malilled to the business " Perwykaeis mad Ikamsd IF sag ending to lM pate whore the with I W IO drys' prior PROVISIONS e. Any at NO meanes m1ohns se bankrupt or I. iM1e YMitll{dud, IlYled Ypm Or thmatend wkM wsWUnmeademnerfenwhdallY g. 0m riowl upon or alter IM KWA N my Ertnl at Default orduds: a. The right to decline ell Sums awMI on this CNYe" W be immoderate due and pmkl Finonce Chwge3 at the rate pmyided k We COnMCt, will comm.. I. accrue an NI sums due ..,it w ceseiv. ptammi .lull. A The Fight re rpuirs you m deliver the vWudcfe to 910 elate rtasldabN g Mel my, and to w. c. The nghl to omaio paseeWan al the Vehicle, with vw IN"' of hew,it you don deliver it to us. YOU aethaka us fa PaceeehM erm.t upon arty Nemiua while ma Vehice may kept a order to take pnnoiN N the Vehicle ON anpMng found m the Vehkle. YOU swal giw prompt "mire eh" yon Clam am articles in the Vehicle not Nvend by our security amount. Nwi mum be given by ldglsurtd nail, sew wimin 241wun Nynr 11WAil al Nr Obtaining $NN W PIitsaP IIyon norawemgrail native.Mwin mlbe eyantlbla NCrywellofI sedate,s art gilt or gMot lea xCol read fnf. You NtMIk" at to we your linma patld far I Vehicle in moving the Vehkle m the Plies N samge. tlo v er a d. Ilya were in dafaWl m_ weak d 15 days hotels welmkmw uien of thevolicls, you as ld - m .. r Y.Nsk IF plrmwanlMpngd, The klsmeme sake, Fault prow alwa N any mundatbm Be rmu"kn lit 9-MV. yen &Will at N Vale A 'Wait in me to pay OYr MINI, ldw awe at" NPpm .derv NYcladrterah drewnbyarCrew MMe ks.axe cmamy.Ya W9nte tea Cry 4. Wa"alay, in ter ..turd ors nenrrod lnwnntepmewpns. Theprmodsotkwmxe wseium iplwannpmmium kwplhrVehkl.laM maybe•WliedbVestompaliarnpacath•VMkbmlemdM[heunpaidbakNaduaus.a3w• wi giw pu 15 dayi .has. ma liar m era NAw 5. If you tail to honor am produce. 1. rte maininsurer. I. affect. or la WY filing hot, tarn. ell thevehftlk Mvlaw law cost, monwy to bey ad Vabkie in pond Cqualtian and repair, we may. It we'tons .hask 20% .1 in, amount 4 advance Ny Nm. Vau promised b pay old obtain r#OMUMNI insurance. Hawavw, my Pry it a you. ll than lotimmmant welcome era amain to ewe, lose or der.agd to the Vehicle may be limited to on ou awe Cold- CmuNt Any mutant n advome Npwbohall will h hp ape lpiSdsp ilea wwtnil Themdlt S. yampndamme Vehicle er dm Theredwn 11 nw y amount sum pepxl be added 1o the bslmpl an whpl vat itnpse. Fbtalna Ch egos p the Adael Percentage Son of h he 11 than 1 Reyonmiead and at row l .. t his C bets wt selll l mcanwxt te x rkswillhsallumininemo MlsCmkMt and. Alelaeh wmlonger than S "11 don. h this Caneert on may ha npwable: lit immediately OPOR demad: fill along with That mom Our paynlemaonyour behalf in le. WoNscily C n f h P mad-1110A of the Vehicle. per Falls of re" '"Amng and"arinethe yehku . anaa n t e payments: mlliil ache and o will sum cure your adorn to Dada"" nor "wri m is this Cerdap. 10. TIME IS OF THE ESSENCE. If YOU wake onY nillht Of Ewnl Of Default, that waiver is S. Thwpmagmph MPkGSGmY it wwbasl CWFxledtOPUrchax lirt.belr m ceYielowiniunnce n included N de AewerN Rnamd. It dC.mN&NM te k k w biding an unit a later Eve. N O.fiull pecan m it in laic Chance to saeNice lher right I .niceNan.. nwtdgam shop ml caws urea Was arpmxrghn. Rely Nn ulthus Carer m e a er You np~ad lM prem Cmul Insurance. if you Diane lM wma due ill this LNIVxl. ldleal YOU Wcg-bllY leaeal unit menaln in eme" to he echdWwd't3PIMII- lli i k i isbeld to be illegal. slide, ...Afarraable.lull W"$holimrke a peal this Contract w KII31 be and se it it non not I. this caNCas. TM ism of PennryMnl. ABU apply to this Collins,I rou on r u, Co s cancellation am lhk the gam. II the Itwurerme we obtained lot no s ceregU.d by the o .to ammNV Prier as ha an d i CwdVan Mall bamm tea and row MC.eanm and Ill -1, and half hind you. Vim Min and 1 eriod Is hem era melgn ills C"Iwlact bell ill. all of our Ill A i ce ter nsur scheduled aryhNOn dole. ",Fill weemp to plate wma his inwnm. out am II me an unable la do it m de readily ym that you moil ablate, r behalf .now ,p nt slw ny p it remedies ad be subject to W sN Rd1mnw . Company an you mpbgmant aawance I" sat opera a, broker of your choke. H NPBgment C Flge MIURS in in will leimbune f IN Ygin41 instance policy l d i d I1 COLLECTION C115T6. II n OsfNX of ilk Apxmem ed von have m {wyew n Yuuroe m . o o m per additional axis Is you ton the Meep a. Nate min t• pay out mmaneble almnmVn held: N11edon rnu and Court .. y.. Ion IM coon. 7 The INloweng AN "Enid of Dalauie' al Rude Contuse a. rya hail to poky any Palmer promptly on in mlare the dot it IS due: b. You tot M ptapm my addr of Tour p i... I4IN. Contract a, YOU pnwe awlh fax tnkmatkn Us WNamrld a airy ow THERE ARE NO WAER4 10 BY SELIAL NXPMSS ON IMPUFO. INCLUBING T FFMESS FOR PAIMCUlAR PURPO MERCMARTABIUTY ARNART11111 OF W d. Me of Van diem W"N itmnpeam, er ii .twined N a elhne laddq flood w W MTEEN HAVE GIVEN YOU UNLESS diehanNK. NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COU NED GOODS T THE ASSERT AGAIN L S ITH THE PROCEEDS HEREOF. RECOYE HERETO PURSUANT BY THE DEBTOR HEREUNDER. UNTS PA ID TNE DE TOR SHALL NOT EXCEED AMO HEREUNDER BY NOTICE OF PROPOSED CUIbIT IBSURMCE The Sign [sl N Iha LOmresherebynktel.tits lhotgralp eimitlirtinrmance yang and/orgrcN cmdHatddem and Mahimmang Nldngewnl be appmeld.la Ibis Canbaelit 1. mast an the hand at*2CNVacl and Rican atwhlslt a eomragswillN Nillanhy the imurnce CWPNVnamad. This I n. mhjeel loame bylheiseurer, eaan only RapanNlaisiningO m rued lar.uch agents, The amount of Marge itiadkeled far tub MN N audit aewmm. tube paldaanA TAR amt of the innocent willNmmanm m of fan date fill 'pdehledn4mietrap. and .11 s*m an the arigmal scheduled nlslar m dale at tla ideblidNle, Subject to aCmpU m4 be the Income ad wiYdn 30 dry& them will be daliyomd is the imwd d6w(.1 a canifiWe MNmn. more fully dmcmim Me kmtnnce. M the aNs of pleNymem of the installations, a nrwrd al inculame anarleslull k mde when due. ASSIGNNNRT To issue. yet, Ibe"Assigne'nmed..the flitot We C..Ma 19 purchase am" lie CNflMI. see Seller hills, Ill adlsprsem., and eantMrn lawwmN m7row.ldrlt that. the sale been a ax m std".Afof,4 whh All applicable laWal, will and IoW law and mAdmiaw inch lidR but net limited, to ArHel. R N Ile Pamrykxa Uniform Ce iaf Cape (13 Pa. P.S.A. 2101 el tag l: row tail, to der La Fie aW thi gaMNe Nmred MmNYis aboom tee Napfimq eoumhranxa Nd Nm1MYim MMI. and k Nbfectoo0o fill dgha Nllw Etryal n •m IMII Ow the Contract I. genuine. nose Dam Iha vie of Inc Vacant dMMn damaged and roe parties tknlo ere of lull age and hot tipxhy, a e MCt the damipda N and Vessel, ill ware washing compkle and ma IM cash dam "monad and/w trade in mowane were acluolM received and we W tklnf candid of own. pldlAated thxk a other Credit adldwad by m to owe war.anlies and statements IMmin am tie: than is owim tkvan dm Tonal of Paymemc say IMh lhaWm am am Maly r.a Nd mdpiM P.MoneloM w Vehicle Song theme Act oil have M ante ie Incurred k bitndmne ntcl nppWce b netfand tlawing Seler LerMvapNala held eldense{ intend In mlentsp agaainst claims aexNd by y Surer and Mtludkp claim sew refund of prymemi For.alua nc...ad. Seller herby sells. anion$ and tlenfeaunm roe Multiple. its WCoeldsa and aseiapl, kr the prMatma of the the Pawlowski about gm Ir wee. it rail What. is a mpYrchlde prise in I atpel a Iha kA Npafd balama al tla to L b sddilim m The FVA%iMtil(dl Ransil In the e to hired all"erases me and to became due thmu tt. mad all dyes. titan dell won might ban token sad far Due x.irMidt, Seller by giw N and agmdswith Aso ne as am fUtahwsad Imorsomtm an sea data of veh alatpdelauhby the vow fine of any loelm mpmfes I Valid. NSTICE: SEE OTHER SIOE FOR IWOATANT IRFOm:IUTION. 07/21/2004 10:53 7176913418 SPANKEY'S AUTO SALES PAGE 04 FACTORY FINANCE COMPANY 701 EAST LOCUST STREET MECHANICSBURG, PA 17055 717-691-0882 01/19/04 NEIDIGH, TERRY 200 EERGREEN DR MARYSVI'LLE, 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 OO CHEVY SILVERADO, VIN#1GCEK19T1YE12168E 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 ill 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__,2?SS I REPO FEE 3(X) ' 010 LATE CHARGES AMOUNT TO REDEEM??6?j ADDITIONAL FIIMICINO x W d the gra ds due on du Cob in a Any at wan bmantee Insolvent or bnkngC or "UK Ind. With our corowL to ate the I. She VeNd• it cold, kmled open a Oveatead with or subject to a lommi¦n a forfokm aka possession of it betnee at datsuN. paeeangs. obtain a meteby Wow a ode dghte In the G. One rights upon or After the Morn of say Eve d at 0eteult Include: t ro ak¦ir and midnight our sam a moult in a. The right to declare ad semi awing on this Canted in be lewiedtaedly der and payable. r interest acted an on Certificate Tile to the Find= Charges It [be mid provided in this Contract, east ramfoue to save an NI sour due an an" we muter payment in full, W repair. Yom sell only all P? it charges an b. 1Ve light to martin you to deliver the Vehicle to a it a plea memorably faaadm to you the Valved. You will net above i Us Vehicle or and to a. lelsan Its slue, ogwrthn fat ""I's and s. The lip to obidn permission of the Vehicle, with at without Freoy of WK R you do net rata ben-Yen edllaetnm Vebiele hum derives it b ad. You V"Ztak Peamebtl enter wee S"Prpnucawbem dam Vehicle may be ram One of ganegimp mrfthwt ymganin kept inadamtalon pdmamlabdtbe Vehkkaad errrdolMhrelsFaVdhhea You maerghwas prompt nodcee the yen:ktmatq anlduinilm VINCI@ not cwsred by eapmaM Ieerest Retail thNfWamdone influmd examined mutt be glees berealNer•dwaiL eat evithht 24boum ofyourkomhtg daro6ldninp Panamanian silly to a and paced yprm ime a and cur of the Vehicle. N wan do met on a Ptomain notice, we will net be tespommVp if may wall of the -amp must be wrht¦nby n game Canmmy adder ate lad at Cdnd be mm mad for. Yen adhwhe a to use our Num piping fan the coed to amp hwaaw0 is tM wA the Vebkdo to mpvatl the Vekcla to the place at metope, hg' main provide a nlhh at Ind 0 dWe prior _ P. You appow a a Imes Fed. to y the im m eompwq. Yen a fadatlmManpuMYm pu m a pay thumbs o W my, hi ttmrlaane ankh kw lllseN+M VaHda n pehlle espdmn nk a (6) p opanto !¦prmredoeiM wipaidb wuLawY keep the Yddd¦in hdlsmidactionefyowob"wsondwthk Camamasseevaael nie. we odHpnym 150n'nnewstls noduddy thno widplaeedaale. Wedllmoplythe pyme•dod aide fast to oneopeures in selling the Vablick than to aeemu dnuNgF rMdrm9 and atakp kumraeo in effee4 pro pmyfd' FaeL tans 1 0. ead atter h the Yehid4lhenw owidbctW case. imludkg nett cow and over in= fndman red repair. we came. Nana a " 1, 0. we 2" of Has amounts doe end diem the balance to file balance still do. R them le a wrplw. wan Ohldm tePlsmenl Iaawip. I, pay it to van. A toes Is 30 a Indiana era a yam eat Pat' N to a. or de¦mg• to the Vehicle may M 1mm AneambntYroaWahn an Hulled is on behalf sell[ 9. You mile re0um due Vdficla at any three mb lo' i5 does after w mil you a "Notice d me Ouryu at Ran Aananl pe ape Rdeof AMmuossion,"and at pry laludme statue we sell wamonm soil tMV¦hicle. The redemption late pre devout Rol ?q Yates eam1ny perm will he all swiwdaan an this Colorado and. Ndefault was longer times 15 doing when via took :aided ¦my grmlfy. OespeYmwik Your behse peseadn of the Vehicle. our mete d wekht9, mpsklnp &it sorted the Vehicle. pr is INS Psnlrat 10. TIME IS OF THE ESSENCE V We Oda aq right or Evied of Gaeult that watwr k add feed itpr•eMa gin, that or mil ' - Mormwe bidding an a N a later Emend of Oeladt earn e S any offer dupe m eaaMeo that right. Oa fed In oil Amoam Fincetit cot goody to aaaein at an a inn rights else tan pogo uselot awaoherdghteif any part of this Germans a IN; Contract Cetain you a pad mile Is hold an be lOepal, maid aanoNmable, that wmsohnd he a Walibis Contract which eholl h will metals Is stood to in schadit ill rnialbut in mad a if it wall eat kthk ComVmLThe oneofposkykenksbpApply foible Comet. nit decades by the hlmramJ OM F prior To its Comm skid Medan an ardour asmigws and aeaipnb and shall bind Tau. your hoha and yaw to comparable behaviour with am Ioff issuance persuaded, praantalives. Any puma to when we align this Cashed dug have aft Clear rights 10 It we will andfy You that TO mat 0111'atn and remedies and he nlbleal to wan ONOaiOL wanes dmia- commands III to apoky. rove we A the original d iR pr nmraullgMme to I1 COLLECTION COSTS N wan main Default dfhkAgrnnent andwan Ignitor rue You, Yan ' e fees: collection cove and mum pens aku ayhhe to per our waanhk atlomey Cdnhai: is f or before 1M dry it is da; tiara in IN$ Contract, Allubmm at my time., THERE ARE RD WARRMTMS BY SELLEM, EXPRESS OR WPLN:D, INCLUDING THE on it laadtive of a aim kno wing hood w WARRANTIES OF MERCHARTAHLLDY AN FITNESS FOR A PARTICULAR PURPOSE. URLERS WE RAVE GIVER YOU A SEPARATE WRITTEN WARRAIM. •ONSUNIER CREDIT CD CT FS SUBJECT TO ALL CLAIMS ANO DEFENSES WHICH THE DEBTOR COULD F GOODS OR SERVICES 68TAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY J. NOT EXCEED AMOUNT S PAID BY THE DEBTOR HEREUNDER. ROTIC OF PNOPOsED CREDIT INSURANCE Uce thttgraupa al's lesinturence cage end/.grow m& accident and health lnsunnce euvemgowR heapgpblewOds Cntmct 0 n marked dcawmge will beminmhy ern' trance roetpotgnghyd. This became mldmn assignment by pan leteset fawn alyfM ponon(s) cloning the gekkdimtedioreadutyp¦ofane insurance tube Wrehesed.The term alto Inmrusewill mmmeceu lithe date the Indebtedness is incurred dq fete at Ijw ledg1fmdxvu. Suhj d to acceptance by the Insurer all within 19 dap, tlwne will be delivered to the hmwrd dd,mr(aj a pdi0cate of m the ought of prapaymm of tee Indebtedness, a rofand of Ineurwxe chugs will be made whom due. AR910NMERT rats of NdsCMtroct to pumhaes withn Contract, the Sellp hemhyWamnu mod represents, and continues to aWnentand repremm that: the sale his e (curd, date and local taws Chad febuktiens, indulges. but met gmisd, to Article 2 of the Penavkade Uniform Commuckl Code 11 S Pa. CSA S I Rebels tamed thmby k abexkw, d AHda,eaciA meo poll security Indonesia, will to mbtol only to the d*W of the Buyer as set fort¢ therein: Ail Vehid¦ then a dovergtad aid I he thuato aril Was age and had capacty to eaenCC the description if dam Vehicle eM wire equipment is td/a adWm alawanm we d m HY mmleed sM lye Pan thermf gandetad d adaL polWoods meat s w odtertmdt advanced by an w Buyer! an ¦ Is owing therso tM TMai a P sm Ianh thmle; em inn dui gmeded eratesdw PenmYlvwiia Motor Vehicle Rates Firm Ad and have duty ad mike Ma tim avdwlthtly aumtraane in terminal Aakman, dkral TPAWnu anOnpAntand with ehysba Fedad ClBMe had, rate w regndakn sppgteble, to thisAgremasta Min of WIN be aeeaed fa mmataetha noktrationatm Whisk ben not benonneded had era S•llaknpwd eMom 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 112004 CERTIFICATE OF SERVICE; AND NOW, on this' day 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'?2:11-N-11 Lawrence R. VVieder, 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. rl N [.::? ?, y= 1'i `} C ? - T I'a ? ? r., ! ? ?. ?.. _: ;; , __ :` - t_ `). tl .. ?. / FACTORY FINANCE CO., INC., Plaintiff V. TERRY A. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 04-3074 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATIONS 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 Lir Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pire Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Factory Finance Co., Inc. Dated: July V 2004 VERIFICATION 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 Xq , 2004 CERTIFICATE OF SERVICE AND NOW, on this 2,7 day 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 ?1_ 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 C> c. -n ' ? b? fJ T L T7 j 7] ? ? rn ? W J FACTORY FINANCE CO., INC.. Plaintiff V. TERRY A. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 04-3074 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 ANSWER WITH NEW MATTER AND COUNTERCLAIMS within twenty (20) days from service hereof or a judgment may be entered against you. Date: Stephe 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. TERRY A. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 04-3074 Civil Term 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. Denied. To the contrary, the document marked Exhibit "A" and attached to Plaintiffs Complaint does not show Defendant's signature, does not contain complete or accurate terms and does not contain the same figure for the amount financed as shown on Exhibit "B" attached to Plaintiffs complaint. 4. Denied. Defendant denies the allegations contained in paragraph 4 of Plaintiffs Complaint except that on August 6, 2003, Defendant bought a 2000 Chevrolet Silverado 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, the alleged contract does not require monthly payments. By way of further answer, Defendant made all required payments and Plaintiff accepted all payments made by Defendant without ever declaring that any of the payments were late or constituted an event of default. 6. Denied. On the contrary, on January 9, 2004, without prior notice and without the existence of any default, Plaintiff unlawfully repossessed the Vehicle. By way of further answer, the notice attached as Exhibit "C" is dated 1/19/04 but was actually sent by certified mail 3 days later, on January 22, 2004. 7. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments. 8. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments. 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 August 6, 2003, Defendant Terry A. Neidigh (hereinafter referred to as "Consumer") purchased and financed a used 2000 Chevrolet Silverado, Serial No. 1GCEK19T1YE121685 (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 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 iin the repossession of the Vehicle is/are the same officer or officers of Dealer who sold the Vehicle to Consumer. 18. Consumer was an employee of Dealer when he purchased the vehicle in August of 2003. 19. On or about January 1, 2004, Consumer voluntarily terminated his employment with Dealer to go work for a different employer. 20. On or about January 9, 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, using words to the effect that the repossession of Consumer's Vehicle was made in retaliation for Consumer leaving Dealer's employment. Another vehicle financed with Factory Finance but owned by Consumer's wife was also repossessed about the same time. 22. As a result of the illegal repossession, Consumer suffered the loss of his vehicle and its use and incurred expense to acquire another vehicle. 23. At no time did Factory Finance inform Consumer that he was in default on his obligations, or that the time and manner in which Consumer had made his Contract payments would lead to default. 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 his payments on certain dates. 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 was dated 1/19/04 and informed Consumer that his 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 $25,212.69" and "repo fee $300" for a total "amount to redeem $25,512.69". 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 was 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 deliberate and willful noncompliance with the requirements for repossession and disposition under state law. 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. & 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 the untimely delivery of the notice of repossession; 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. The timing of payment is ambiguous because the Contract does not provide a certain date for each payment, but contains reference to both "monthly" and "semimonthly" terms in the Truth In Lending disclosure box. 45. By failing to provide Consumer with a payment schedule that is unambiguous, Factory Finance has not supplied Consumer with reasonable notice of the due date or sufficient information to avoid the event of default. 46. By accepting the time and manner of payments made by Consumer, Factory Finance has amended the Contract, has waived its rights to demand strict compliance with the Contract, or is estopped from declaring default, so that it may not accelerate the payments and declare Consumer in default without first supplying Consumer with reasonable notice of its future intention to require strict compliance with a "date specific" payment schedule. 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 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 he 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 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 he 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. Defend ant/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. § 9102(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 was not in default; e. Misleading Consumer regarding his 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%) 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 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. Defendant/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 falith by repossessing the Vehicle without notice or warning after permitting Consumer to believe that his time and manner of payment had been proper. 72. Factory Finance breached its duty to act in good faith by repossessing the Vehicle in retaliation for Consumer 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 he 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 his 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 terms of the financing, including the timing of payments; b. the contents of contract and disclosure requirements of the Pennsylvania MVFSA; c. that Consumer only had a limited time to redeem the Vehicle and that the Vehicle could only be redeemed for $25,512.69. 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 and without having waited 15 days after sending a notice; 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 he 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 his personal property; and infliction of severe emotional and psychological distress as well as humiliation in front of his 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. c d e. That Defendant/counter-plaintiff be awarded treble damages to his 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, That Defend ant/counter-plaintiff be awarded all previous payments paid to plaintiff. That Defend ant/counter-plaintiff be released from any alleged obligation to Plaintiff/counter-defendant pursuant to violations of simple contract and state law. That Defendant/counter-plaintiff be awarded any other relief as the court may deem just, proper and fair. DATE: ?.. Portko, Esquire Stephen K I.D. No. 34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Defendant FACTORY FINANCE COMPANY 701 EAST LOCUSTF?TRET 17055 MECHA ICS URG0832 71, 01/22/04 IEi^IGH, NANO: E GREEN DR AN Cy l'' D v essed the mc e"- t tb auue t 1 stallment ec that we he rePOss contracec of Y ation. you re 1:erebY not f* led our sales in ic: 's the sub] oblig wh - to maintain yo aa'.'e -ailed VIN#1G3NF52E3iC0525 P as a 00 OLDS ALERO, .4cchaa_ sbnr"„ iden at tified 200 N Walnut St, w within ; The vehicle, Leggett Motors, es listed be.o ofry._ being storeu by satisfying the char9 Kindly call cu' r this notice. It nay be redeemed -rem t'..e date of all char -fl- due. ?en aYz nts o pay a fif`- t t,,,day to make arrangeme period, we :nay be The -lot Paid within the alloted+tlo imethe glance. ? If the mount i for credit Bureau. cr e tc take further actiadedto the thce olHlaercrisburg fd e forty ?_,>>emed ' hi . a be ' yul` all personal belongings may aA, our . rA plate and Mechanicsburg, at On'"ay t;Y.--• u :T Y ote: rt, 701 East Locust: and 5:00 P•m M calling our o? ca of 3:00 a.m. for rc.µ to rr ,. P at enot accept P.:-scn°_ y705- betwewill We 'leuthe necessary arran9ei nzak ound lot. e wil `ifiad idaY ' We the imp ou must bring cash or car voubeJOngipngos y essed vehicles, y , h ect to sale after the _xp ra Your vehicles. check to reclaim Y be sub7 will Tk;e above veh-c-e of this letter. f 1 days from the date o GSS COLLECTION DEPT. AMOUNT DUE y ^?O • UCJ REPO FEE LATE CHARGES C U AMOUNT TO REDEEPI a 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 unsworn falsification to authorities. Dated: 08/17/04 Terr} eidigh '1danc;y J. J e# gh 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: f7 Ste n K. Portko FACTORY FINANCE CO., INC.. Plaintiff V. TERRY A. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 04-3074 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: 8(z3/0se ?< ' Q A2 Step en 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. 04-3074 Civil Term TERRY A. NEIDIGH, Defendant 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. Denied. To the contrary, the document marked Exhibit "A" and attached to Plaintiffs Complaint does not show Defendant's signature, does not contain complete or accurate terms and does not contain the same figure for the amount financed as shown on Exhibit "B" attached to Plaintiffs complaint. 4. Denied. Defendant denies the allegations contained in paragraph 4 of Plaintiffs Complaint except that on August 6, 2003, Defendant bought a 2000 Chevrolet Silverado 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, the alleged contract does not require monthly payments. By way of further answer, Defendant made all required payments and Plaintiff accepted all payments made by Defendant without ever declaring that any of the payments were late or constituted an event of default. 6. Denied. On the contrary, on January 9, 2004, without prior notice and without the existence of any default, Plaintiff unlawfully repossessed the Vehicle. By way of further answer, the notice attached as Exhibit "C" is dated 1/19/04 but was actually sent by certified mail 3 days later, on January 22, 2004. 7. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments. 8. Denied as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments. 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 August 6, 2003, Defendant Terry A. Neidigh (hereinafter referred to as "Consumer") purchased and financed a used 2000 Chevrolet Silverado, Serial No. 1GCEK19T1YE121685 (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 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 was an employee of Dealer when he purchased the vehicle in August of 2003. 19. On or about January 1, 2004, Consumer voluntarily terminated his employment with Dealer to go work for a different employer. 20. On or about January 9, 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, using words to the effect that the repossession of Consumer's Vehicle was made in retaliation for Consumer leaving Dealer's employment. Another vehicle financed with Factory Finance but owned by Consumer's wife was also repossessed about the same time. 22.As a result of the illegal repossession, Consumer suffered the loss of his vehicle and its use and incurred expense to acquire another vehicle. 23. At no time did Factory Finance inform Consumer that he was in default on his obligations, or that the time and manner in which Consumer had made his Contract payments would lead to default. 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 his payments on certain dates. 25. Factory Finance did not inform Consumer that it was accelerating the debt nor did it send the consumer a notice of Consumerr'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 was dated 1/19/04 and informed Consumer that his 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 $25,212.69" and "repo fee $300" for a total "amount to redeem $25,512.69". 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 was 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 deliberate and willful noncompliance with the requirements for repossession and disposition under state law. 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. § 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 the untimely delivery of the notice of repossession; 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. The timing of payment is ambiguous because the Contract does not provide a certain date for each payment, but contains reference to both "monthly" and "semimonthly" terms in the Truth In Lending disclosure box. 45. By failing to provide Consumer with a payment schedule that is unambiguous, Factory Finance has not supplied Consumer with reasonable notice of the due date or sufficient information to avoid the event of default. 46. By accepting the time and manner of payments made by Consumer, Factory Finance has amended the Contract, has waived its rights to demand strict compliance with the Contract, or is estopped from declaring default, so that it may not accelerate the payments and declare Consumer in default without first supplying Consumer with reasonable notice of its future intention to require strict compliance with a "date specific" payment schedule. 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 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 he 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 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 he 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. § 9102(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 was not in default; e. Misleading Consumer regarding his 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%) of the cash price of the Vehicle, against plaintiff/counter-defendant. COUNT III - STATUTORY DAMAGES PURSUANT TO UCC 59-625(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. Defendant/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 after permitting Consumer to believe that his time and manner of payment had been proper. 72. Factory Finance breached its duty to act in good faith by repossessing the Vehicle in retaliation for Consumer 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 he 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 his 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 terms of the financing, including the timing of payments; b. the contents of contract and disclosure requirements of the Pennsylvania MVFSA; c. that Consumer only had a limited time to redeem the Vehicle and that the Vehicle could only be redeemed for $25,512.69. 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 and without having waited 15 days after sending a notice; 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 he 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 his personal property; and infliction of severe emotional and psychological distress as well as humiliation in front of his 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 his 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 Defendant/counter-plaintiff be awarded all previous payments paid to plaintiff. d. That Defendant/counter-plaintiff be released from any alleged obligation to Plaintiff/counter-defendant pursuant to violations of simple contract and state law. e. That Defend ant/counter-plaintiff be awarded any other relief as the court may deem just, proper and fair. DATE: kzloy Steph k:. Portko, Esquire I.D. No. 3,1538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432.9706 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/Neidi-gh Nancy J. e' igh 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 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 c210,6 g _ REPO FEE 3W • cu LATE CHARGES AMOUNT TO REDEEMC,)S: ':7 2. 69 EXHIBIT 66 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: 9z3.6Y Ste P hiss K. Portko FACTORY FINANCE CO., INC., Plaintiff V. TERRY A. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 04-3074 Civil Term REPLY OF THE PLAINTIFF, FACTORY FINANCE CO. INC. TO THE DEFENDANT, TERRY A. 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. Denied as stated. The purchase occurred on August 5, 2003 and the financing was through Factory Finance Co. Inc. By way of further answer, Plaintiff states that he does not know the use that Defendant intended to make of the vehicle. 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. Denied. Factory Finance and Spankey's did not communicate to Defendant that the vehicle was being repossessed in retaliation for Defendant 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 he 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 in part. It is denied that Factory Finance failed to send Defendant a notice of his 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. Accordingly, the averment is denied. 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. The averment is a conclusion of law to which no responsive pleading is required. 45. The averment is a conclusion of law to which no responsive pleading is required. 46. The averment is a conclusion of law to which no responsive pleading is required. 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 Right 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 enterjudgment 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 rio 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 enterjudgment 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 enterjudgment in its favor and against Defendant. Count III - Statutory Damages Pursuant to UCC 4p-625fe)f51 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 enterjudgment in its favor and against Defendant. 6 Count IV - Breach of Duty of Good 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 CPL 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 whichi no responsive pleading is required. 82. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff requests the Court enterjudgment 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: 717237-5229 Attorneys for Factory Finance Co., Inc. Dated: September 'LS 2004 8 09/28/2004 16:23 7176913418 09/28/2004 13'38 FAR 717 237 53oo SPANKEY'S AUTO SALES NCNEES SWALLAEE PANKS & NURICK PAGE 12 100111020 VERIFICATION 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 1$ Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: September LP , 2004 CERTIFICATE OF SERVICE AND NOW, on this %5 day of September, 2004, I hereby certify that I have served a true and correct copy of the within document, via first class rnail 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 WALLA,CE & NURICK LLC Lawrence R. VVieder, 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. r3 ? .r v? W U Q rn ; -n -u` v, < 7 C> ? =t Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary (office, fit (jCumberlanb tlLountp John E. Slike Solicitor 3 CIVIL TERM F TERMIA'TION OF COURT CASES ORDER O F ER 2007 AFTER MAILIN HE ABOVE Tx DAy OF NOVEMB SPONSE T SCE WITH PA AND NOW THIS RECEI PREI IN ACCORD INTENTION TO' TERMINATED WITH CASE IS HEREBY R C P 230.2• BY THE CO L NG CURTIS R. PROTHONOTARY n.,P ?.ourthouse Square 'Carlisle, Pennsylvania 17013 • (717) 2`0-6195 • Fax (717) 240-6573