HomeMy WebLinkAbout10-5854CAF04213
THIS IS AN ARBITRATION MATTER.
ASSESSMENT OF DAMAGES HEARING REQUIRED.
Goldman & Warshaw, P.C.
BY: Barry A. Rosen, Esquire
PA Identification No: 42951
GOLDMAN & WARSHAW, P.C.
312 W. Broad Street
Quakertown, PA 18951
267-373-9730
Counsel for Plaintiff
JPMORGAN CHASE BANK, N.A.
1111 Polaris Parkway
Columbus, OH 43240
vs.
MICHELE A MORROW
106 GRANT ST
ENOLA PA 17025-2528
COURT OF COMMON PLEAS C-
CUMBERLAND COUNTY IL..) a3
cxs
DOCKET NO.: 10 - 5
NOTICE
CiviLTent
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH
IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS
COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU.
YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND
A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR
ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY
THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD STREET
CARLISLE, PA 17013
717-249-3166 c s?
-0a.00 PA ATW
at 31 +a
k' - a ors gas
Goldman & Warshaw, P.C.
BY:Barry A. Rosen, Esquire
PA Identification No: 42951
GOLDMAN & WARSHAW, P.C.
312 W. Broad Street
Quakertown, PA 18951
267-373-9730
Counsel for Plaintiff
JPMORGAN CHASE BANK, N.A.
1111 Polaris Parkway
Columbus, OH 43240
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
MICHELE A MORROW
106 GRANT ST
ENOLA PA 17025-2528
DOCKET NO.
COMPLAINT IN CIVIL ACTION
!U - 5-j 1 c,V1
1. Plaintiff, JPMORGAN CHASE BANK, N.A.,is a federally
chartered bank or other business entity with its principal place
of business at the above captioned address.
2. Defendant, MICHELE A MORROW, is an adult individual
residing at the address above captioned.
3. Plaintiff and Defendant entered into a retail installment
sales contract to finance defendant's purchase of a motor vehicle
which required Defendant to make monthly payments to plaintiff.
4. Defendant defaulted under the terms of the agreement by
failing to tender monthly payments as required.
,` ; 5. After allowing for all offsets and credits, a balance as
of July 7, 2010 remains on the subject account having account
number 10608216052900 in the amount of $9,025.84 plus interest
accruing at the rate of 10.90% from December 6, 2007 in the
amount of $2,393.53 for a total current amount due of $11,419.37.
6. Attached hereto and incorporated herein by reference as
Exhibit "A" is a copy of the retail installment sales contract
and deficiency balance documentation.
7. Despite repeated demand Defendant has refused, and still
refuses to tender payment on this outstanding obligation.
8. The retail installment sales contract provides at
paragraph 25 that defendant shall be responsible for plaintiff's
reasonable attorney's fees in collecting what defendant owes.
9. Plaintiff's reasonable attorney's fees, equal to 25% of
the outstanding balance, total $2,854.84.
10. Defendant's last payment on account was made on May 13,
2008.
WHEREFORE, plaintiff claims of the defendant the sum of
$14,274.21 plus applicable court costs and interest.
Goldman & Warshaw, P.C.
BY: 176?Kl?
BARRY A. SEN, ESQUIRE
Attorney for Plaintiff
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR
PAAUTO
JPMORGAN CHASE BANK, N.A.
VERIFICATION
CAF04213
I, Mike Konrath, hereby state that I am the Assistant Vice President of Plaintiff herein; that I am
authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have personal
knowledge of the statements made in the foregoing Complaint; and that the statements made in
Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief.
I understand that the statements in this verification are made subject to the penalties of 18
Pa.C.S. §4904 relating to unswom falsification to authorities.
l1
By:_
Print Name; Mike Konrath
Title: Assistant Vice President,
Chase Auto Finance
EXHIBIT "A"
0WOqE13
SUBA;RU, RETAIL INSTALLMENT CONTRACT Date 03125/2006
M a 7 0 h s F I N A N C E WITH BALLOON PAYMENT OPTIONS
1. ? If this box is checked, this is a simple interest contract WITH a 'Balloon Payment" as the Last scheduled payment. If this box is not checked, this
Is a si mple interest contract WITHOUT a "Balloon Payment" as the last scheduled payment.
2.
Buyer (and Co-Buyer) Seller (Creditor)
Name and Address Name and Business Address
(Include County and Zip Code)
Michele A Morrow Cumberland Valley Motors
Michael B Reneker 6714/20 Carlisle Pike
106 Grant St Mechanicsburg, PA 170550000
Enola, PA 17025
3. WHO IS BOUND: You, the Buyer (arc Co Buyer if any), may buy the vehicle described below for cash or on credit. By signing on page o, ou moose to
buy the vehicle on credit under the terms of this 6ontract and are Individually liable (jointly and severally If both a Buyer and Co-Buyer sign below for any
amount due. In this Contract, 'we,' 'us," and "our' mean the Seller named above and, a4x assignment and acceptance, the Sellers assignee, JPMorgan
Chase Bank N.A., acting on its own or as agent for an affiliated entity (and any subsequent assignee).
4. DESCRIPTION OF VEHICLE: You agree to buy and we agree to sell the following vehicle:
New, Used
or Demo
Year Weigh
lbs.
Make and Model Body
Type
Vehicle Identification No. Key
No. Use for Which
Purchased
New 2006 Subaru Legacy Awd 4S3BL626867214738 personal
_ business
agricultural
If truck - Describe body, gross vehicle weight and major hems of equipment sold:
S
ti
.L@
w
S
5. NOTICE TO BUYERS OF USED OR DEMONSTRATION VEHICLES: The information you see on the window form for this vehicle is part of this
Contract. Information on the window form overrides any contrary provisions in the contract of sale.
6.
`s
u
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE
PERCENTAGE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE
RATE
The cost of your credit as a The dollar amount the credit The amount of credA pro- The amount you will have The total cost of your pur-
yearly rate. will cost you. vided to you or on your paid after you have made all chase on credit, including
behalf. payments as scheduled. your downpayment of
$ 7sp.00?
10.90 % $ 7-922-82 $ 24.940.50 $ 32, 963.32 $ 33- 115.32
YOUR PAYMENT SCHEDULE WILL BE:
Number Of Payments Amount Of Payments When Payments Are Due
63 521.64 Monthly, beginning 04/24/2006
N/A N/A N/A
PREPAYMENT: You have the right to pay off this Contract early. If you do so, you will not have W pay a penalty.
SECURITY: You are giving us a security interest in the vehicle being purchased.
LATE FEE: If a payment is more than 10 days late, you may be charged 2% of the unpaid mount of that payment.
OTHER TERMS: Please read this entire contract, for additional information on security interests, nonpayment, default, and our right to require repayment
in full before the scheduled maturity date.
4
7. PROMISE TO PAY: You promise to pay us the Amount Financed shown above, plus a Finance Charge applied 10 the unpaid balance or the Amount
Financed each day. The daily rate Finance Charge is equal to 1/365th of the Annual Percentage Rate shown above. SUMMARY NOTICE: You have the
right to-prepay all or any part of the balance of the Amount Financed at any time without penalty or premwm. Because the Finance Charge is being charged
and collected on the outstanding balance of the Amount Financed and is not p -onmputed, them will be no rebale of the Finance Charge in the event of
prepayment. You will not have the tight to reinstate this Agreement after repossession unless we allow iL
8. PAYMENTS BEFORE OR AFTER DUE DATE: This is a simple interest contract. This means that since we compute your Finance Charge each day
on the unpaid balance of the Amount Financed, the amount of the Finance Charge shown above may vary depending upon when your payments
are received, Therefore, the earlier you make payments before their due dates, the less Finance Charge you wit owe. The later you make payments after
they are due, the greater the Finance Charge. It yyoouu pay on time, you will not owe a late fee and we will apply yoke payment fuel to accrued Finance Charge
and then to the unpaid balance of the Amount Financed. If you pay late, you will owe a late fee and we will apply your payment first to accrued Finance
Charge, then to the scheduled unpaid balance of the Amount Financed, then to unpaid late fee, and then to the remaining unpaid balance of the Amount
Financed. If you make any payments after they are due, including payments due because we allow you to extend the term of this Contract, your final
payment will be larger than originally scheduled. We will advise you of any additional amount you owe us after you make your last payment (if his $1.00 or
more). We will send you a check for any amount owed you (if it is $1.00 or more).
The tradename "Subaru Motors Finance" and the Subaru logo are owned by Subaru of America, Inc., and are licensed to JPMorgan Chase
Bank, N.A. ('Chase"). Retail accounts are owned by Chase.
FORM NO. eS11F.PENNSYLVAMA Rev. 3105 lFaapd COPYRIGHTO 2005 JPMorgan Chase Bank, N.A. All Rights Reserved.
179552-T2111995-DP2111996-V2111997 This is & written papery oriBin2a11o?i5g4 rax previously held is electronic form. -Sal Mar 2.5 12:19:37 EST 2006
06
DO NOT MEET YOUR OBLIGATIONS UNDER THIS CONTRACT, YOU MAY LOSE YUUH VtHlctt.
10. ITEMIZATION OF THE AMOUNT FINANCED
1. Cash Price (including sales tax of $1.417.50 any accessories, their installation, and taxes)
2. Down Payment:
Cash Down Payment:
Net Trade-in:
Your Trade-in is a N/A N/A N/A
Year Make Model
Rebate Applied to Down payment
Total Downpayment
3. Unpaid Balance of Cash Price (1 minus 2)
4. Amounts Paid to Others on Your Behalf
(a) To Public Officials
(i) Lien Filing Fee
(11) Certificate of Title Fee
(iii) License and Registration Fee
(iv) Other Govt Fees
(v) Taxes (not in Cash Price above)
'(b) To Insurance Companies for:
(i) Vendor's Single Interest Insurance
(li) Credit Life Insurance
(iii) Credit Disability Insurance
$ 24,022.50 (1)
$ 252.00
$ N/A
$ N/A
$ 252.00 (2)
$ 23,770.50 (3)
$ 5.00 1 request Optional Gap
$ 27.50 coverage under the
terms in Section 19
$ 62.50 and for the amount
$ N/A shown in Section 4(c).
If no amount is shown
$ N/A and you have not
received a copy of a
Gap waiver or
N A
$ 1
- Insurance policy, there
- is no Gap coverage.
$ N/A
$ N/A a
(c) Other Charges
'To Subaru Added Security For Extended Warranty :$ 600.00
'To Jm&a Groun For Gap :$ 420.00
-TO Cumberland Valley Motors For Doc Fee :$ 55.00
'TO NL_ For N/A : $ N/A
'TO N/A For NIA :$ N/A
'TO N/A For N/A : $ N/A
Total Amounts Paid to Others on Your Behalf (a plus b plus c). $ 1,170.00 (4)
5. Amount Financed (3 plus 4) $ 24, 940.50 (5)
• Seller may retain or receive a portion of these amounts
11. Addtional Disclosures 6. Finance Charge $ 7. 922.62
7. Time Balance *(Total of Payments) (5 plus 6) $39 863 - 32
Required by Stale Law B. Payment Schedule: See Federal Truth-In-Lending Disclosures on page 1.
12. BALLOON PAYMENT: IF THIS CONTRACT IS CHECKED WITH 'BALLOON PAYMENT' ON PAGE 1, THIS PARAGRAPH APPLIES. THIS
CONTRACT IS NOT PAYABLE IN INSTALLMENTS OF EQUAL AMOUNTS. THE LAST SCHEDULED PAYMENT IS SUBSTANTIALLY LARGER THAN
EACH OF THE OTHER SCHEDULED PAYMENTS. The due date and amount of this last scheduled payment are shown on page 1. Paragraph 15 applies;
and the following are the readings and/or charges referred to in Paragraph 15: the (1) maximum allowable odometer reading is N/A
(2) charge par each excess mile over the maximum allowable mileage is N/A ; and (3) disposition fee is N/A
13. OPTIONAL CREDIT INSURANCE: Credit life and credit disability, accident and health insurance are not required to obtain credit
and wig not be provided under this Contract unless you sign for them and agree to pay the additional cost. The policies or certificates
Issued by the Insurer will describe the terms and conditions in further detail.
If you want the following insurance, sign below:
[]Credit Life ( ? Buyer Only []Joint) Term: VIA Premium $ N/A Name of Insurer: -N/A
?Credk Disability ([]Buyer Only []Joint) Term:NIAPremium $N/A Name of Insurer:Na
Buyer's Signature Date Co-Buyers Signature Date
14. REQUIRED PROPERTY INSURANCE: Insurance coverage for loss or damage to the vehicle (collision, fire and theft) is required. You
have the option of furnishing the required insurance either through your existing policies or by purchasing equivalent insurance coverage
through anyone you wish who is acceptable to the Seller.
FORM N1Y?fl?£tfiAir?A9?al 111997 This is a written paper ori?? b?nt?lli0o51pgt?}??io?Oha?f1R?6.3i? ?19tT ?Af?rved.
060821605290
15. BALLOON ? d below ? If thes vecle Con two sass de cubed below t as the last scheduled payment, you have the option to either refinance the balloon
If you want to "refinance' your last scheduled payment, you must first pay all amounts you owe under this Contract (including the accrued Finance Charge)
due as of the date of your last scheduled payment ((but not inducing your last scheduled payment). If you meet our etedt regUrements, and if you refinance
your last scheduled payment, the finance charge will accrue on the unpaid balance al a new enrxwI WaftStreet Jo ge rate The new annual percentage rate will be
a feed rate equal to the lessor of the highest raw permitted by law or the 'pri;:41 pubpshed in umat on the last publication date of the
month before your last scheduled payrtenI becomes due, plus 4 percentageM The Wall Street Journal no longer publishes a urns rate' at that time,
we n+ayy select a comparable pubGd?yy avetlabls rate, and add 4 pence pomis to that rats. The term of Qayment for the refinanced balloon art will be
eHfier ftte original term of this Confrail or, at your regwst, a shhorte rm. The length of the rm you so until l il you pay c all the and now owe. e maMa e you to
determine your monthly payment. You will then continue to make your new monthly payment t may reqAre
sign a new loan agreement setting forth the terms of the refinanced balloon payment.
Instead of refinancMa the balloon payment, You may return and sell the whiele to us. This Is called 'the Sale Option." To exercise the Sale Option, you must
satisfy each ot the fotbwing conditions by the date the last schedted Payment is due: (1) you give us at least 30 days' advance written notice of your
interiticn fo exorcise 1M Safe Option; (2 Pay us the disposltion fee, if any, st?own in Paragraph 12, and ail amounts owing under this Contract (inducing
accrued Finonce Cherga) through the date you deNvor the vehids to us, except for the amount of the last scheduled payment; (3) you deliver the vehicle to
us within In days before the last scheduled payment is due, at a place we designate, together with the vehicle title, which shows no Hens other than ours,
and other papers we need signed by you in order to transfer vehicle ownership; (4) d, when you deliver the vehicle to us, the odometer reading is greater
than the alkw able mileage slated in Paragraph 12, you pay us the charge shown In Paragraph 12 for each such excess mile; and (5) if the vehicle Is not in
'good running order and condition" when you deliver it to us, you pay us the amount it costs us or would cost us to put the vehicle in good running order and
condition.
The vehicle will not be in good running order and condition if one or more of the following applies:
• The vehicle does not have 4 undamaged matching tires (no retreads), plus a spare tire, all comparable in quality to original equipment, with at least
118th Inch tread on each fire at its lowest point;
e The owners manual or maintenance schedule is missing;
• The vehicle is not returned with the same or comparable equipment and accessories (including jade and wheel wrench) in working order, as
installed at time of delivery;
• There are rips, tears, bums, soiling or excessive wear to the carpet, seats, doors, headliner or dashboard or in the trunk area;
• There are scratches, dents, pHs, rust areas, mismatches of paint or cracks in the lenders, bumpers, grill, roof, hood, trunk or doors, other body
ii damage or improper repairs, any of which would cost more than $25 to repair;
• Damage has resulted from flood water, hail, sand, excessive use, abuse, misuse, negligence or accident.
0
e The vehicle has been repainted in other than its original color;
. The engine, drive train or other machankA, safety and electrical parts do not operate properly;
• Thera are any special identifications, markings or modifications anywhere on or in the vehicle;
• The windows, lenses or fights are cracked or broken;
y • The manufacturers maintenance schedule has not been met;
• The vehicle will not pass any inspection to which it is or will be subject;
If you disagree with the amount we determine to be necessary to restore the vehicle to flood running order and condition, you may obtain, at your expense,
and within 10 days of our determination, a written estimate of such amount from an independent appraiser acceptable to us e.g., a factory authorized
dealer). If you do so, the amount you must pay us will be the lesser of (a) the charge we determine to be necessary to restore the vehicle to good running
order and condition; or (b) the charge determined by the appraiser to be necessary to restore the vehicle to good running order and condition. Delivery of
the vehicle to us pursuant to all of the terms of the Sale Option above will satisfy all our obligations under this Contract.
8. OWNERSHIP AND RISK OF LOSS: You agree to pay us all you owe under this Contract even if the vehicle is damaged, destroyed or missing. You agree
not to sell, transfer, or remove the vehicle from the United States for more than (30) days without our wrilwn permission. You agree to maintain the vehicle in
3 good condition and repair, except wear and tear caused by ordinary use, and to po us to inspect the vehicle at any reasonable time. You agree not to
° expose the vehicle to misuse or confiscation or to permit anyone to use the vehicle for any unlawful purpose. You agree to keep the vehicle free of any
claims and seizures by any governmental authority. You agree not to rant the vehicle to others or to carry passengers for hie. If we pay any repair bills,
storage bills, taxes, fines, or other charges on the vehicle, you agree to repay the amount when we ask for d. You agree b keep the vehicle at your address
3 p s on page 1 of this Contract unless you notify us in writing that the vehicle will be kept at a different location. You Will immediately notify us of am change
in your address or the address where the vehicle is regularly located: Any amount we pay will be added to the amount you owe us and wi I be due
immediately. This amount will earn finance charges from the date we paid it at the Annual Percentage Raw in this Contract unit payment in full.
17. SECURITY INTEREST: You are giving us a security interest in the vehicle being purchased, any proceeds of the vehicle, and any accessories, equipment
proand replacement parts installed in the vehicle. The security interest also coursrs: (1).inauranoa premntrns or When products financed M this Contract; (2)
ceeds of insurance polities on the vehicle, and (3) proceeds ot any insurance pokdes on your liw or health which are financed M this Contract. These
secure payment of ail amounts you owe in this Contrail and m any transfer, renewal, extension modification, refinancing, or assiggnment of this Contrail. It
also secures otter agreements in this Contrail. You will cause or cooperate In causing our security interest (lien) on the vehiefi fo be shown on the title.
You will not low any subordnate or other liens to be placed on the vehicle.
18. REQUIRED PHYSICAL DAMAGE INSURANCE: You agree to have physical damage insurance covering loss or damage to the vehicle for the tern of this
Contract. You will make us loss payee and provide evidence of insurance. If the vehicle is lost or damaged, you agree that we can use any insurance
settlement either to repair the vehicle or to apply to your debt.
19. OPTIONAL GUARANTEED AUTO PROTECTION (GAP) COVERAGE: GAP coverage Is not required to obtain credit and you may purchase it from any
company you want which is authorized to sell such coverage and is acceptable to the Seller. If you elect to purchase GAP coverage under this Contrail, it
will be furnished by the GAP company and at the cost stated in Paragraph 10 Subparagraph 4(c) of the Itemization of the Amount Financed located on page
2 of this Contract. The contract issued by the GAP company will describe the terns and conditions of this coverage. To purchase GAP coverage under this
Contract initial the space provided in Paragraph 10 Subparagraph 4(c) of the Itemization of the Amount Financed located on page 2 of this Contract. This
coverage will not be provided if you do not initial in the appropriate space provided.
20. INSURANCE CHARGES RETURNED TO US: If any charge for required insurance is returned to us, it may be credited to your account or used to buy
similar insurance or insurance which covers only our interest in the vehicle. If any charge for optional Insurance or other products financed in this Contract is
returned to us (for example, a refund on credit life insurance), It will be cradled to your account or returned to you.
21. DEFAULT: It will be a default if any of the following events occur: (1) you IM to pay any regular monthly payment when due, (2) you break any other promise
to us, (3) you die or cannot pay your debts as they become due, (4) any person tnes to take any of yCur property by legal proeeadngs while h is in your
possession or control, (5) you made materially false statements in applying for this credit, or (8) you fife for bankruptcy or insolvency proceedings are initiated
by or against you.
FORM NO. eSNF-PEfNSYLVAfNA Rev. 3105 ?? o?f? SCOPYRIGHTO 2005 JPMorgan Chase Bank, N.A. All Rights Reserved.
179552-12111995-DP2111996-V2111997 This is a written paper''gin0ii8P 0is5a t?reviously hid fa electronic form. - Sat Mar 25 12:19:37 EST 2006
22. REMEDIES FOR DEFAULT: Upon the occurrence of any evert of default, our rights include: (a) the o declare all sums due on this Contract to be
immediately due and payable; (b) the right to require you to deliver the vehicle b us at a place reason cornvenlord to you and us; (c) the right to obtain
possession of the vehicle, with or without process of law, it you do not deliver it to us. You authorize us peaceably ender upon any premises where the
vehicle may be kept In ceder to take possession of the vehicle and anything found in the vehicle. If there is any personal property in the vehicle at the time of
repossession, we will give you notice of our possession of such property at your last known address as shown by our records. You can retrieve your
personal property during normal business hours at the place to tie properly is beang stored. If you do not claim such property within 30 days after the
matting of the notice, we may sell or othewise dispose of such property in a reasonable mariner and distribute the proceeds according to applicable a
You authorize us to use your license plates for the vehicle in moving the vehicle to the place of storage.
If you were in default more than 15 days before we took possession of the vehicle, yyou must pay our actual, necessary and reasonable cost of retaking
storing and repairing the vehicle. Our costs must be supported by receipts or other salWadory proofs of payment.
We will sell the vehicle at private sale after the 15 day redemption period referred to below and we will send you reasonable notice of the sale. We will
apply the proceeds of any sale or other disposition to defray the reasonable expenses of sale, the lawful expense of retaking and storing the vehicle, then
to an other costs ppermitted by law, and then to the balance of what you owe under this Contract. You will be entitled to any surplus, but wig be liable for
any deficiency, to 1M extent permitted by law. all You may (not ve due apamentime up to dsndff default waafter we s o long mail
er than a 'Notice of Repossession'. 5 ays whenwe look possession of the vehicle, our costs of _retaking repairing
aannd storing henot vjust
ehic? ) a
23. POST-JUDGEMENT INTEREST: If the full unpaid balance of this Contract becomes due for any reason and judgment is entered thereon, to the extent
permitted by law, you will be liable for interest on it at the highest lawful rate until it is paid in full.
24. COLLECTION COSTS: it we hire an attorney who is riot our salaried employee to collect what you owe to the extent permitted by law, you will pay the
attorney's reasonable fees, and any court costs.
25. DELAY IN ENFORCING RIGHTS AND CHANGES OF THIS CONTRACT: We can delay or refrain from enforcing arty of our rights under this Contract
without losing them. For example, we can extend the time for making some paymumis without extending others. Any chance in terms of this Contract must
be in writing and signed by us. No oral changes are binding. If any provision of this Contract conflicts with applicable law, It will be considered modified to
comply with that law and the remaining provisions shall continue.
WARRANTIES SELLER DISCLAIMS: Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date
?' of this Contract, the Seller makes no warranties, express or implied on the vehicle, and there will be no implied warranties of merchantability or
8§7. of fitness for a particular purpose. and
sub RIGHT TO f ult : all or part of the amounts owed underthis you
Contract from any deposits or funds that you have wi h us without till ngryou
Pay ali part
ahead cure t
w to of time.
CREDIT REPORTING: We may obtain a consumer credit report from one or more consumer credit reporting agencies (credit bureaus) in connection with
your application and as otherwise allowed by applicable law. You agree that we may also verify your employment, income, assets and debts.
is). GOVERNING LAW: This Contract is governed by the applicable laws of the Commonwealth of Pennsylvania, to the extent that such laws are not
0 oreamoted by the laws of the United Slates.
AGREEMENT TO ARBITRATE DISPUTES
The following Arbitration Agreement can significantly affect your rights in any dispute with us. Please read it carefully before signing this
Contract.
1. IF EITHER OF US CHOOSES, ANY CLAIM OR DISPUTE BETWEEN US (AS DEFINED BELOW) WILL BE DECIDED BY ARBITRATION AND NOT
IN COURT OR BY A JURY TRIAL.
2. IF EITHER OF US CHOOSES TO ARBITRATE, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS OR OTHER
REPRESENTATIVE
ON BEHALF OF OTHER PERSONS OR AS A CLASS MEMBER OR OTHER REPRESENTED PERSON ON ANY CLASS CLAIM OR OTHER
REPRESENTATIVE TYPE OF CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS OR OTHER REPRESENTATIVE
ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT
YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this clause, and the arbitrability of the claim or
dispute), between you and us or our employees, agents, successors or assigns, which arise out of or relate to your credit application, this Contract or any
resulting transaction or relationship (including any such relationship with third parties who do not sign this Contract) shall, at your or our election, be
resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and
not as a class or other representative type of action. You expressly waive any right you may have to arbitrate a class or other representative type of
action. You may choose any one of the following arbitration Organizations: the American Arbitration Association, 335 Madison Ave., Floor 10, New York,
NY 10017.4605 (www.adr.org) or the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com). The arbitration shah
be conducted in accordance with this Agreement to Arbitrate Disputes and, unless otherwise provided for in this Agreement to Arbitrate Disputes, the
rules of the arbitration organization you chose (the "Arbitration Rules"). You may gat a copy of the Arbitration Rules by contacting the arbitration
organization or visiting its website.
The arbitrator shall be an attorney or retired judge selected in accordance with the Arbitration Rules. The arbitrator shall apply governing substantive law
in making an award. The arbitration hearing shall be conducted in the fed" district in which you reside. The arbitrator's decision shall be in writing and
either party may appeal the arbitrator's decision though the arbitration organization you chose. We wig pay your filing, administration, service or case
management fee and your arbitrator or hearing tee all up to a maximum of $1,500. We will also pay any additional amount of such tees that the arbitrator
determines we must pay in order to make this Agreement to Arbitrate Disputes enforceable. Each party shall be responsible for its own alomey, expert
and other fees, unless awarded by the arbitrator under applicable law. The arbitrator's award shall be final and binding on all parties, except that the
losing party may request a new arbitration if allowed by the Arbitration Rules. This Agreement to Arbitrate Disputes, and any arbitration conducted
hereunder, shall be governed by the Federal Arbitration Act (9 U.S.C. § at. seq.) and not by any state law concerning arbitration.
You and we retain any rights to self-help remedies, such as repossession. You and we retain the right to seek individual remedies in small claims court
for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive
the right to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment an the arbitrators award. This agreement
shat survive any termination, payoff or transfer of this Contract. If any part of this Agreement to Arbitrate Disputes, other than waivers of class action
FORM NO. eW.PENNSYLVANIA Rev. 3105 COPYRIGh1TO 2005 JPMorgan Chase Bank, N.A. All Rights Reserved.
Page 4 of 5
179552-T2111995-DP2111996-V2111997 This is a written paper O?AfQlltl?t previously held in electronic farm. -Sat Mar 25 12:19:37 EST 2006
3o. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use.
In all other cases, Buyer will not assert against any subsequent holder or assignee of this Contract any claims or
defenses the Buyer (debtor) may have against the Seiler, or against the manufacturer of the vehicle or equipment
obtained under this Contract.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this Contract and retain its
right to receive a part of the Finance Charge.
Electronic lgnature Acknowledgment: You agree that this Contract is executed by you using your electr iris
l nature,. y u In our electronic sl nature, ou Sic Iour ntent to enter into this contr c-t and that i is
CntractISle(a0 ?alid and enforceable to the ame t?n as Ill you had executed this Contract using your
written s I gna re.
IMPORTANT: PLEASE READ THE ENTIRE CONTRACT BEFORE SIGNING BELOW.
BY SIGNING THIS CONTRACT, YOU ACKNOWLEDGE THAT IT CONTAINS AN "AGREEMENT TO ARBITRATE
DISPUTES" ON PAGE 4, THAT YOU HAVE READ IT AND AGREE TO ITS TERMS.
NOTICE TO BUYER: Do not sign this contract if blank. You are entitled to an exact copy of the
contract you sign. Keep it to protect your legal rights.
w
g
42
0
lio
L
u
c
3
0
t
Buyer Signs r /s 004. co-Buyer signs oud 01
By signingg here, the Seller agrees to the terms of this Contract and assigns this Contract to Seller's assignee under the terms agreed to by
Seller andSoller's assignee. Seller (Creditor) Signs X 6*_ 1?
Undersigned hereby acknowledges receipt from Seller of a true, correct and complete copy of
this Contract at time of execution
Buyer Signs !/I/60& Co-Buyer Signs Wad iotikl
[This space intentionally left blank.)
FORMNM*W.PENNMVANIA Rev. 3105 COPYRIGHTO200t5JPMorgan Chase Bank, N.A. All Rights Reserved.
Page 5 of 5
179552-72111995-I)P2111996-V2111997 This is a written pageg? ojRJ1%PUb%L1 previously held in electronic form. -Sat Mar 25 12:19:37 EST 2006
CAF04213
JPMORGAN CHASE BANK, N.A.
MICHELE A MORROW and
MICHAEL B RENEKER
10608216052900
AFFIDAVIT
I, Mike Konrath, being duly sworn according to law, depose and say that:
11 am the agent for the Plaintiff herein and I am familiar with the files relating to this account;
21 have personal knowledge of the facts and circumstances in connection with this case;
3.Plaintiff s files are maintained in the usual and ordinary course of business;
4.This action is based on a claim for breach of contract and that damages are sought as a direct result of
said breach;
5.After allowing for all offsets and credits, a balance as of November 25, 2009 remains on the subject
account having account number 10608216052900 in the amount of $11,419.37 including interest which
continues to accrue from said date at an annual rate of 0% ;
6.If called upon, affiant can testify at trial as to the facts pertaining to this matter.
The above facts are true and correct to the best of my knowledge, infonnation and belief.
?J?-
Mike Konrath
Swom to and Subscribed
before me this __z day
of 2009 s>aF Vx
TINA L. RIVEM
K L,t 19?4?. WTARraueuc-AMW
maCMACOUM
Notary Public *CW".E*0ii4-
• CHASE O REPRESENTATION OF PRINTED DOCUMENT
Chase Auto Finance
National Recovery Group
P.O. Box 29505
Phoenix, AZ 85038-9505
December 19, 2007
Explanation of Calculation of Surplus or Deficiency
51810 0000053 001 L900
MORROW,MICHELE A
106 GRANT ST
ENOLA PA 17025-2528
Subject: Account No. 10608216052900
Retail Installment Dated: March 25, 2006
JPMorgan Chase Bank, N.A.
Dear Morrow,Michele A:
On 11/3012007 we sold the vehicle securing the above loan in accordance with the Notice of Our Plan to Sell
Property, which we had previously sent to you. We received $11,800.00 on the sale. We applied this
amount to your account as follows:
(1) Aggregate amount of obligations secured by the security
interest, less unearned finance charge and, if known, insurance
premiums and other credits, as of December 19, 2007: $21,455.44
(2) The amount of proceeds of the disposition (gross): (-) $11,800.00
(3) The aggregate amount of the obligations after deducting the
amount of proceeds: (_) $9,655.44
(4) The amount of expenses, including:
Expenses of retaking: $470.00
Expenses of holding: $0.00
Expenses of preparing for disposition: $80.00
Expenses of disposition of the collateral: $100.00
Amount of attorneys fees (if any): $0.00
Total: N $650.00
(5) (a) The amount of the deficiency (if applicable)`. (_) $10,305.44
(b) The amount of the surplus (if applicable)': (_) $0.00
'This amount may be subject to change due to the accrual of interest or the dishonor of any checks or other
items, or due to the posting of rebatable items, credits, and payments we receive after the date of this notice.
L900
INTERNET REPRINT
REPRESENTATION OF PRINTED DOCUMENT
THE CHECKED SECTION APPLIES TO YOU
X The amount stated on line 5 (a) is the Deficiency Balance. Please make payment of this
amount to our office within ten (10) days of the date of this notice.
Enclosed is our check in the amount stated on line 5 (b) as a Surplus.
Additional information concerning the transaction is available by calling us at the telephone number shown
below or writing us at the address shown above.
Thank you for your attention to this matter.
Very Truly Yours,
Chase Auto Finance
National Recovery Department
800-592-9861
Payment mailing address: Chase Auto Finance, PO Box 901079, Fort Worth, TX 76101-2079
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
L900
INTERNET REPRINT
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
F11 ED-O'tFIC-
r r T!.!' p'' r v` oNOTARY
`1
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
JP Morgan Chase Bank
vs. Case Number
Michele A. Morrow 2010-5854
SHERIFF'S RETURN OF SERVICE
09/21/2010 04:24 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on
September 21, 2010 at 1624 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Michele A. Morrow, by making known unto herself personally, at 221
Chester Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing
to her personally the said true and correct copy of the same.
TIM K, DEPUTY
SHERIFF COST: $55.00
September 23, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySulte Sherff. Teleosott. Inc
Goldman & Warshaw, P.C.
Barry A. Rosen, Esquire
PA Identification No: 42951
GOLDMAN & WARSHAW, P.C.
312 W. Broad Street
Quakertown, PA 18951
267-373-9730
Counsel for Plaintiff
FILED-OFFICE
OF THE PROTNOUOTARy
2010 DEC -3 AM 11-'20
CUMBERLAND COUN Y
PENNSYLVANIA,
CAF04213
JPMORGAN CHASE BANK, N.A.
VS.
MICHELE A MORROW
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 10-5854
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Kindly withdraw the above-captioned action, without prejudice.
Goldman & Warshaw, P.C.
BY:
Barry A. Ro n, ESQUIRE
Attorney f Plaintiff
P006
CERTIFICATION OF SERVICE
I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date
below, served a copy of Plaintiff's Praecipe to Withdraw Complaint
Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-
paid, to all other parties or their counsel of record.
Barry sen, ESQUIRE
Dated: / Z // 11r