HomeMy WebLinkAbout01-1735IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA o CUMBERLAND COUNTY
Donny L. Thomas,
Plaintiff
Civil Action - Law
No. AD 2001-
Household Automotive Finance
Corporation,
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 an appearance personally or by attorney and filing in
wdting with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Donny L. Thomas,
Plaintiff
Civil Action - Law
No. AD2001- /795' ~ ~
Household Automotive Finance
Corporation,
Defendant
COMPLAINT
Plaintiff, Donny L. Thomas, by and through his attorney, Joseph A. Macaluso, Esq.,
by way of Complaint, complains of defendant Household Automotive Finance
Corporation, a Delaware corporation, and for a cause of action alleges:
1. Plaintiff, Donny L. Thomas (hereinafter referred to as "Thomas"), is a sui juris
adult who resides at 28 Town Mills, Shippensburg, Cumberland County, PA 17257.
2. Defendant, Household Automotive Finance Corporation, (hereinafter referred to
as "HAF Corporation"), is a corporation organized and existing under the laws of the
State of Delaware.
3. Upon information and belief, HAF Corporation is authorized to do business in the
Commonwealth of Pennsylvania by way of Certificate of Authority filed on or about
December 19, 1995, with the Pennsylvania Department of State, and has a registered
address in Pennsylvania c/o CT Corporation Systems, 1515 Market Street, Suite 1210,
Philadelphia, PA 19102.
4. On or about November 24, 1999, Thomas entered into and executed a Motor
Vehicle Installment Contract (hereinafter called the "Contract"), for the purchase of a
1998 Ford F 150 Pick-up Truck, VIN 1FTZF17W3WNC37602 (hereinafter referred to as
the "Truck"), by him from Interstate Ford, 196 Walnut Bottom Road, Shippensburg,
Cumberland County, PA 17257. A copy of the Contract is attached hereto as Exhibit
5. The cash price for the Truck stated in the Contract is $21,692.05.
6. The total price of the Truck is $21,845.55, calculated as follows:
cash price for Truck $21,692.05
license, title, registration fee 108.50
documentary fee 40.00
PA tire tax 5.00
$21,845.55
7. Thomas made a cash down payment for this purchase in the amount of $500.00.
8. In addition, Thomas gave his vehicle, a 1986 Plymouth Caravelle, as a "trade-in",
for which he received an allowance of $500.00, per the Vehicle Order, a copy whereof is
attached hereto as Exhibit B.
9. Accordingly, the amount financed under the Contract is $20,845.55, (i.e.
$21,845.55 less the $500.00 cash downpayment and less the $500.00 trade-in)
10. The interest rate payable under the Contract is 17.95%.
11. The Payment Schedule under the Contract is: 72 payments, each in the
amount of $478.35, beginning January 8, 2000.
12. The Contract was assigned by Interstate Ford to HAF Corporation
simultaneously with execution of the Contract, and so HAF Corporation provided the
financing. A copy of the Assignment Agreement is attached hereto as Exhibit C.
13. Thomas did covenant and agree to pay the purchase pdce for the Truck in the
Contract as follows:
"PROMISE TO PAY: You agree to pay us the Total Sale Pdce for the
Vehicle by making the Total Downpayment and paying us the Amount
Financed plus interest. You promise to make payments in accordance
with the Payment Schedule. You promise to make payments on or before the
same day of each month as the first payment due date .... You agree to make
payments at the place or to send payments to the address which Assigneee
most recently specifies in the written notice to you."
14. Furthermore, the Contract provides that Thomas shall give a security interest in
the Truck, as follows:
"SECURITY AGREEMENT: To secure the payment of all sums due and
the performance of all required obligations under this Contract, you give a
security interest in the Vehicle, in all parts (called the "accessions")
attached to the Vehicle at any later time, and in any proceeds of the
Vehicle, including insurance proceeds."
15. According to Paragraph 13 of Additional Terms and Conditions on the reverse of
the Contract, on default by Thomas, HAF Corporation could repossess the Truck:
"13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are
in default of this Contract, we may enforce our rights according to law. We may
also do the things specifically mentioned in this Contract. We may do one of
these things and at the same time or later do another. Some of the things we
may do are the following: ...
"b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law."
16. Thomas immediately insured the Truck at the time of purchase, through Dymond
Insurance Agency, 2012 Lincoln Way East, Chambersburg, PA 17201, for a premium in
the amount of $347.00 (copy of Policy Endorsement is attached hereto as Exhibit D).
17. On or about January 10, 2000, Thomas made the first payment under the
Contract, which was due January 8, 2000, by way of mailing to HAF Corporation two
separate money orders payable to "Household Automotive", one in the amount of
$300.00, and the other in the amount of $179.00, for a total of amount of $479.00. The
reason Thomas used two money orders instead of one, was because the money orders
state on their face "NOT GOOD OVER $300". The loan account number is written on
the face of each money order. Copies of the money orders are attached hereto as
Exhibit E.
18. HAF Corporation deposited the aforesaid money orders on January 18, 2000, as
evidenced by the bank stamp on the reverse side of same.
19. However, at the end of January, 2000, HAF Corporation called Thomas at home
and informed him that he did not make his first payment. Thomas explained that he had
made the payment and described the time and manner of payment by way of mailing the
money orders. Thomas did not keep record of the date of this conversation, or the
name of the representative of HAF Corporation with whom he spoke.
20. In early February, 2000, despite having this information furnished by Thomas,
and despite having deposited the first payment, HAF Corporation again called Thomas,
this time at his place of employment, and again infomed him that he did not make his
first payment. Thomas again explained that he had made the payment and described
the time and manner of payment by way of mailing the money orders. Thomas did not
keep a record of the date of this conversation, or the name of the representative of HAF
Corporation to whom he spoke.
21. On or about February 17, 2000, Thomas made the second payment under the
Contract, which was due February 8, 2000, by way of mailing to HAF Corporation a
check payable to "Household Automotive" in the amount of $480.00. The check was
made by a friend of Thomas, however, Thomas wrote his full name and "Truck
Payment" on the face of the check. Moreover, Thomas°s full name and address were
set forth both on the window envelope and form for mailing provided by HAF
Corporation. A copy of the check is attached hereto as Exhibit F.
22. HAF Corporation deposited the aforesaid check on February 28, 2000, as
evidenced by the bank stamp on the reverse side of same.
23. In late February, 2000, Thomas received from HAF Corporation a statement that
his January, 2000, and February, 2000, payments were due. A copy of the statement is
attached hereto as Exhibit G.
24. Sometime late in February, 2000, about the same time Thomas received the
aforesaid statement, HAF Corporation called Thomas a third time and informed him that
he did not make the January, 2000, and February, 2000, payments. Thomas again
explained how he had made each payment, including the time and manner of payments~
Thomas did not keep a record of the date of this conversation, or the name of the
representative of HAF Corporation to whom he spoke.
25. On March 3, 2000, without good cause, HAF Corporation repossessed
the Truck.
26. Upon information and belief, HAF Corporation engaged Central Penn Recovery,
5203 Trindle Road, Mechanicsburg, PA 17055, to repossess the Truck.
27. In mid-March, 2000, Thomas received from HAF Corporation a Notice of Right to
Redeem and Notice of Sale advising him that the Truck would be sold March 28, 2000.
A copy of the notice is attached hereto as Exhibit H. Upon information and belief, HAF
Corporation sold the Truck.
28. HAF Corporation called Thomas a fourth time, in mid-March, 2000, regarding the
sale of the Truck, at which time Thomas once again explained how he had made the
payments. Thomas did not keep a record of the date of this conversation, or the name
of the representative of HAF Corporation to whom he spoke.
29. Thomas did not have the financial means to redeem the Truck, and so he
suffered the loss of the Truck.
30. Thomas also was required to pay Central Penn Recovery a fee of $30.00 in
order to obtain his personal belongings from the Truck after the repossession. Thomas
does not have a receipt for this expense.
31. Thomas did not own another operable vehicle, since he had traded his 1986
Plymouth Caravelle in order to acquire the Truck.
32. Nor did Thomas have any money with which to purchase a replacement vehicle,
since he had spent his savings as a down payment to pumhase the Truck.
33. From the time of repossession of the Truck until January 12, 2001, Thomas paid
friends and relatives $200.00 for reimbursement of gas for his private transportation.
34. The repossession and sale of the Truck has injured Thomas's credit history, and
so he was not able to purchase another used vehicle until January 12, 2001, when he
bought a 1987 Honda Excel from T&G Auto Sales, Shippensburg, PA 17257, for a
pumhase price of $227.50.
35. There is no other proceeding pending involving the subject matter of this
case, and there are no other parties in interest.
COUNT I
BREACH OF CONTRACT
36. Thomas repeats and realleges the allegations of Paragraphs 1 through 35,
inclusive, of the complaint above, as though the same were set forth in extenso.
37. Thomas fulfilled all his obligations under the Contract, including but not limited
to making the first and second payments as agreed pursuant to the financing terms of
HAF Corporation under the Contract, and therefore, Thomas was entitled to the full use,
possession, enjoyment and ownership of the Truck.
38. According to Paragraph 13 of Additional Terms and Conditions on the reverse of
the Contract, HAF Corporation agreed that "If you are in default of this Contract, we may
enforce our rights according to law" and "We can repossess the Vehicle, unless
prohibited by law."
39. However, HAF Corporation, without any basis under the Contract or obtaining
law, did wrongfully repossess and sell the Truck.
40. By its wrongful repossession and sale of the Truck, HAF Corporation has
breached the Contract.
41. As a result, Thomas has incurred the loss of the Truck, valued at $21,845.55,
and he has also suffered additional losses as follows: the $500.00 cash down payment;
the 1986 Plymouth Caravelle "trade-in"; the first and second payments made on the
Truck; the insurance premium; the fee paid to recover personal belongings; and injury to
his credit standing.
42. HAF Corporation is liable to Thomas for damages for breach of contract.
WHEREFORE, Thomas demands judgment in his favor and against HAF
Corporation for monetary damages, together with interest thereon, and costs of suit, in
an amount more than $25,000.00 and being more than the jurisdictional amount
requiring arbitration referral by local rule, and for such other relief as the Court may
deem proper.
COUNT II
CONVERSION
43. Thomas repeats and realleges the allegations of Paragraphs 1 through 35,
inclusive, of the complaint above, as though the same were set forth in extenso.
44. Despite Thomas's making his first and second payments to HAF Corporation,
and despite Thomas's explaining to HAF Corporation the manner and time he made the
payments, HAF Corporation still repossessed and sold the Truck.
45. The repossession and sale of the Truck by HAF Corporation constitutes an
unauthorized exercise of the right of ownership of the Truck, which was the lawful
personal property of Thomas.
46. HAF Corporation is liable to Thomas for conversion.
WHEREFORE, Thomas demands judgment in his favor and against HAF
Corporation for monetary damages, together with interest thereon, and costs of suit, in
an amount more than $25,000.00 and being more than the jurisdictional amount
requiring arbitration referral by local rule, and for such other relief as the Court may
deem proper.
COUNT III
VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
47. Thomas repeats and realleges the allegations of Paragraphs 1 through 35,
inclusive, of the complaint above, as though the same were set forth in extenso.
48. The sale of the Truck and financing arrangements by HAF Corporation set forth
in the Contract constitute trade and commerce within the meaning of 73 P. S. Section
201-2 (3).
49. Because HAF Corporation financed the sale of the Truck and then wrongfully
repossessed and sold the Truck even though Thomas made the required payments,
HAF Corporation engaged in "unfair or deceptive acts or practices", by "(a)dvertising
goods or services with intent not to sell them as advertised" within the meaning of 73 P.
S. Section 201-2 (4)(ix).
50. Because HAF Corporation financed the sale of the Truck and then wrongfully
repossessed and sold the Truck even though Thomas made the required payments,
HAF Corporation engaged in "fraudulent conduct which creates a likelihood of confusion
or of misunderstanding" within the meaning of 73 P. S. Section 201-2 (4)(xxi).
51. HAF Corporation is a creditor/debt collector as defined in 37 Pa. Code Section
303.2.
52. Because HAF Corporation made the four telephone calls to Thomas described
in Paragraphs 19, 20, 24 and 28 hereinabove, and because HAF Corporation mailed
to Thomas the written statements and notices described in Paragraphs 23 and 27
hereinabove, requiring him to make the first and second payments on the Truck, even
though Thomas had already done so and explained this to HAF Corporation, HAF
Corporation engaged in an "unfair or deceptive act or practice", by "abusing or
harassing a person in connection with the collection of a debt" within the meaning of 37
Pa. Code Section 303.3(27).
53. HAF Corporation is liable to Thomas for treble damages and reasonable
attorney fees pursuant to 73 P. S. Section 201-9.2.
WHEREFORE, Thomas demands judgment in his favor and against HAF
Corporation for treble damages, together with interest thereon, costs of suit, and
reasonable attorney's fees in an amount more than $25,000.00 and being more than the
jurisdictional amount requiring arbitration referral by local rule, and for such other relief
as the Court may deem proper.
COUNT IV
NEGLIGENT MISREPRESENTATION
54. Thomas repeats and realleges the allegations of Paragraphs t through 35,
inclusive, of the complaint above, as though the same were set forth in extenso.
55. Despite Thomas's making his first and second payments to HAF Corporation,
and despite Thomas's explaining to HAF Corporation the manner and time he made the
payments, HAF Corporation still informed Thomas that it would repossess and sell the
Truck.
56. HAF Corporation failed to inform Thomas until after the sale that it would
repossess the Truck even if he made the required payments.
57. This constituted a misrepresentation by way of omission of a material fact.
58. HAF Corporation knew or should have known that this omission would induce
Thomas to purchase the Truck and that Thomas would rely upon same.
59. Thomas justifiably relied upon this misrepresentation and purchased the Truck
with financing by HAF Corporation.
60. HAF Corporation's conduct constitutes negligent misrepresentation.
61. Thomas suffered injury as a direct and proximate cause of HAF Corporation's
conduct, i.e. loss of the Truck, valued at $21,845.55, and he has also suffered
additional losses as follows: the $500.00 cash down payment; the 1986 Plymouth
Caravelle "trade-in"; the first and second payments made on the Truck; the insurance
premium; the fee paid to recover personal belongings; and injury to his credit standing.
62. HAF Corporation is liable to Thomas for negligent misrepresentation.
WHEREFORE, Thomas demands judgment in his favor and against HAF Corporation
for monetary damages, together with interest thereon, and costs of suit, in an amount
mere than $25,000.00 and being mere than the jurisdictional ameunt requiring
arbitration referral by local rule, and for such other relief as the Court may deem proper.
COUNT V
FRAUD
63. Thomas repeats and realleges the allegations of Paragraphs 1 through 35,
inclusive, and of Paragraphs 55 through 57, inclusive, of the complaint above, as
though the same were set forth in extenso.
64. HAF Corporation intentionally made this misrepresentation with knowledge that
Thomas would rely upon same and with intent to induce Thomas to act upon same.
65. Thomas justifiably relied upon this misrepresentation and pumhased the Truck
with financing by HAF Corporation.
66. Thomas suffered injury as a direct and proximate cause of HAF Corporation's
conduct, i.e. loss of the Truck, valued at $21,845.55, and he has also suffered
additional losses as follows: the $500.00 cash down payment; the 1986 Plymeuth
Caravelle "trade-in"; the first and second payments made on the Truck; the insurance
premium; the fee paid to recover personal belongings; and injury to his credit standing.
67. HAF Corporation is liable to Thomas for damages for fraud.
WHEREFORE, Thomas demands judgment in his favor and against HAF Corporation
for monetary damages, together with interest thereon, and costs of suit, in an amount
mom than $25,000.00 and being more than the jurisdictional amount requiring
arbitration referral by local rule, and for such other relief as the Court may deem proper.
COUNT VI
PUNITIVE DAMAGES
68. Thomas repeats and realleges the allegations of Paragraphs 1 through 35,
inclusive, and of Paragraphs 63 through 67, inclusive, of the complaint above, as
though the same were set forth in extenso.
69. HAF Corporation's actions were outrageous and malicious, willful and wanton,
and were intended to harm Thomas.
70. HAF Corporation is liable to Thomas for punitive damages.
WHEREFORE, Thomas demands judgment in his favor and against HAF Corporation
for punitive damages, together with interest thereon, costs of suit, and reasonable
attorneys fees in an amount more than $25,000.00 and being mom than the
jurisdictional amount requiring arbitration referral by local rule, and for such other relief
as the Court may deem proper.
COUNT VII
NEGLIGENCE PER SE
71. Thomas repeats and realleges the allegations of Paragraphs 1 through 35,
inclusive, of the complaint above, as though the same were set forth in extenso.
72. 69 P.S. Section 623 A. mandates when repossession may be undertaken, and
provides:
"A. When the buyer shall be in default in the payment of any amount due
under a motor vehicle instalimont sale contract or when the buyer has
committed any other breach of the contract, which is by the contract
specifically made a ground for retaking the motor vehicle, the seller, or any
holder, who has lawfully acquired such contract, may retake possession
thereof. Unless the motor vehicle can be taken without breach of the
peace, it shall be taken by legal process, but nothing herein shall be
construed to authorize a violation of the cdminal law."
73. HAF Corporation repossessed and sold the Truck even though Thomas was not
in default of any payment due under the Contract and even though Thomas had not
committed any other default or breach of the Contract.
74. HAF Corporation violated 69 P.S. Section 623 A.
75. Thomas is within the class of persons protected by 69 P.S. Section 623 A.
76. Thomas suffered injury as a direct and proximate cause of HAF Corporation's
conduct, i.e. loss of the Truck, valued at $21,845.55, and he has also suffered
additional losses as follows: the $500.00 cash down payment; the 1986 Plymouth
Caravelle "trade-in"; the first and second payments made on the Truck; the insurance
premium; the fee paid to recover personal belongings; and injury to his credit standing.
77. HAF Corporation is liable to Thomas for negligence per se.
WHEREFORE, Thomas demands judgment in his favor and against HAF Corporation
for monetary damages, together with interest thereon, and costs of suit, in an amount
more than $25,000.00 and being more than the jurisdictional amount requiring
arbitration referral by local rule, and for such other relief as the Court may deem proper.
COUNT VIII
NEGLIGENCE
78. Thomas repeats and realleges the allegations of Paragraphs I through 35,
inclusive, of the complaint above, as though the same were set forth in ex, tenso.
79. HAF Corporation owed Thomas to refrain from interference with Thomas's use,
possession, enjoyment and ownership of the Truck.
80. Because HAF Corporation financed the sale of the Truck and then wrongfully
repossessed and sold the Truck even though Thomas made the required payments, and
even though Thomas explained to HAF Corporation the time and manner of his
payments, HAF Corporation breached its duty to Thomas.
81. Thomas suffered injury as a direct and proximate cause of HAF Corporation's
conduct, i.e. loss of the Truck, valued at $21,845.55, and he has also suffered
additional losses as follows; the $500.00 cash down payment; the 1986 Plymouth
Caravelle "trade-in"; the first and second payments made on the Truck; the insurance
premium; the fee paid to recover personal belongings; and injury to his credit standing.
82. HAF Corporation is liable to Thomas for negligence.
WHEREFORE, Thomas demands judgment in his favor and against HAF Corporation
for monetary damages, together with interest thereon, and costs of suit, in an amount
more than $25,000.00 and being more than the jurisdictional amount requiring
arbitration referral by local rule, and for such other relief as the Court may deem proper.
Re: ~3ectfully submitted,
Jo sq.
A~ re~3e Court I.D, No. 38262
~rn~y for Plaintiff
P.O.Box 83
Orrstown, PA 17244
VERIFICATION
I, Donny L. Thomas, vedfy that the statements made in the foregoing Complaint are true
and accurate to the best of my personal knowledge, information and belief. I
understand that my statements are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
onny [~'l~omas
Dated: ~ -o~ - O /
- IffiTOR VEHfCLE INSTALLMENT SALE CONTRAil,
'ANNUAl FINANCE
PERCENT~GERATE CHARGE
The cost ct ~ur credit as The d~r amount
z yu~ ~m. credH ~11 ~ ~
o~t~] 1/24~
Amount Financed
The amonnt of credit ~
to you or off your behalf,
Total of Payments,
The amount you will ham paid a~r you
haw nmde all scl~:luled payments.
17.95% $ 1369~.6~ ~ 20846.65 $ 3444].20
Total Sale Price
The toia~c~st of your pun:base on
-~ in~ng ~r ~p~enL
lO00.~
dS
~ ~441.20
Your Payment Schedule will ~e:
,,.., $ 473.35 Oj jarl,1900 ~.~y.~m Ifyoupaydlearly, youwillnotlmv~to~ayapoudly.-
lat~ CNa~ If a paym~t is la 2~ of tbe pod~o, of Ihe paR~.~t which is lato far ~cl~ mout~ or par~ of a mouth llreator tpan 10 da~ tbet it m~mi~s onp~id~ -.;
~,~ INTERSTATE FORO, INC.
menU. ER. ~196.~ ~ALNUT BOTTO~ RD Am~,.~ SHIPPENSBURC, PA ~7257
Zip C~de
um~ElqS). N~e~lNy L THOMAg 242~ LINOSA~&~i~P,D SHIPPENSBURG PA 17257~p~'
mf ~ ~s mom ~n ~ Buyer, ~ch pmm~ W~ a~ ~. ~ ~y a~ ~ due ~
~N:
I~n2h~IOUTH ~VELLE ~a~
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P~P~ INSU~ You mm) ch~ ~e ~n ~mugh w~ i~mn~ ~ ~ m~ ~ ~ ~ m ~ V~ a~ a~inm I~F~
a~g out of ~ ~ owne~hi~ of ~e V~ in ~ ~ ~u am ~ ~ ~ V~
~lT INSU~NCE IS N~ ~UI~D: C~ Utc I~m~e Cud ~it ~ I~
~ un~ y~ ~ b~ow and aE~ m ~) ~ ~ml ~, ~ ~ ~ ~ OF
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What are
your e~esf
By ~i~, ~ b~b ~t./~t Cmdi Wbetire~ ~
IF YOU DO NOT MEET YOUR*CONTRACT
OBUGATIONS. YOU I/,AY LOSETHE MOTOR
VEHICLE AND ~ 11'~T YOU
WITH THIS CONTRACT. A/iD/OR, MONEY ON
OEFOSIT WITH THE ASS~ffi~. '- '
dis~ have been ~ by SeI~. S~ler
in~ends ~ as~gn 6lis Coulract to tbe &~i~
Itemization of Amount Fins~l
c~ Price
Cash Downpaymen~
s SOO,CO
NC Trarie-ln
$
FoCal Dowu~¥mem
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Unoaid Cash Price Balance
~ Ta~ and ~ A
$
tie. Fve'
103. E;O
T~
PROMISE TO ~AY: You agree to pay us the Total SaM P~ for the Vehicle b~t making the Total
· Downpayment'afld payi~lg us the Amouflt lqeanced plea,ictere~ You I~omise to make pa.~ments
in accordance with the Payment Scheduts. You p~ to make payments on or before the same
day of each month as the first payment due date. You apse te pay all other amounts WhiCh may
became due under the terms of thle ~ You a~ee to pay the Seaor or kasigoue ~ et
soil You also agree to pay reasonalge attomey~ fees H Selk~ or k.~J~nou hires an attorney ts
collect amounts due under this Conlract or to p~ or get possassmfl of the VeMcle. You epee
to make payments at the place or to ~efld payments to the addreea which the ks~p~e most
recently specifie~ in the written flo~ca to ~
By dining below, we agree ts sop the VehicJe to you undor the terms of this Ca~tracC
SECURIIT AGREEMENT: To secure ~h~ paym~t of ell ~ due
required obligat o~ under this ~ ~ ~e'a ~ ~ ~n.t~ ~ehicl~ iff a
(~1~ ".acce~mn?},a~c~ ~.~e~.at ~fl~ ~ rfl'afly-~s oL~e
VehmM, ?~udmg mso?a~M ~e ~ ~.ouy
und~ ~ps Cou~ct age.ny ~ y~r ~ ~ de~ ~ ~ ~m ~ any m~ey
wh~ ~s ~w or may ~a~p mmm ~ d~ ~ ~ ~ ~u.
wi~ any prior ~d~ ~ you.
ADDITIONAL ~RMS AND ~NOmONS: THiS ~ ~ ON ~[ R~ SIO~
YOU ARE OBU~O TO A~E T~ OF THE ~ ~ ~ ~ ~E ~NT AND
R~E~E SID~. ' -
NOTICE TO BUYER~ NOT SIGN THIS ~CT IN 8~N~ YOU-ARE
ENTITLED TO AN ~ACT COPY OF THE CO~T YOU SIGN. KE~ IT TO
PROTECT YOUR LE~LRIGHTS.
SELLER gUY
BUY~
~ Coott~.
on ~ B~r or ~ o~ ~ ~ y~ ~ ~ow~ a ~ ~ of ~ ~t~
-
' - ' OF Ta~SCONT~CT
BUYER. ~SIGNER AND ~NER, ~ APPLI~B~KN~GE RECEI~ OF A COUPleD ~PY
ATTHETIME OF SIGNING. : - ~~' ' ., .~ . '-- .. ~ ~ - .
~ROW ~IGNER COPY
~_~'_ .................... ._
/ ' "L' HOW THE ToT~i['OF'F.~YMENTS IS COMPUTED: The Total of Payments is the sum of the
Amolfnt Financed and the Finance Charge. The Finance Charge consists solely of interest
scheduled due dates.
2. COMPUTING INTEREST: We will charge inlerest on e daily basis en the eutslonding balance
payment.
4. APPLICATION OF PAYMENTS'. We will apply payrnenls in the Iollewifig order of priority: first lo
b WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree lo meke alt Faylnents oo or
7. INTEREST AFTER MATURITY AND JUDGMENT: Interest et the rate provided R~ this Contract
8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone ether thou us
agree to repay the money advanced as we aloha may; sPecily: (il'immediately' dh demehdTdlr (ii)
along with your monthly payments. If We choose to allow, you to repay the money advanced along
with your monthly payments, we ceo choose the eme%t of these Faymeots And how leflR you
have fo repay, If any of our rights stsled in thio poroiraph Is not permitted by iaw,,,~ve itill have
the other righfs mentioned. Our payments on your bellelf will not cure ~u&l~pllUre to pedorm
yoorpromiaoa uthlsCootrocL : . . .:
Z2. DEFAULT: In Ibis paragraph "You" means thb Buyer, Co-Signer and Co-Ow _h~[,,er guy one uf
them. Yo~J will be in "Delaulr' of the Contract if any one or morn of the following ~ifip happen:
a. You de not make ooy Fayment oo or before U Is due; or ~-
b. You do not keep auy promise you made in this Contrict;'or
c. You do not keep any premise you made tn enother Contract, Note, Loan or Agreement wiih
,Seller or Assignee; ur
d. YoumedeanyuulruestatementiflthecreditapplloaUonlorthlscoflfruc~,or,
e You commifled any forgery in coqnocDeo with this Contract; or .,
f You die, are convicted of a crime involving fraud or dishonesty, orare found by e cou~t
with judsdiclloo to do so to be incapacitated: et
S. You file henkruplcy or insolvency proceedings, or anyone files ba~lkrul~l~y or Insolvency
h. Ym~ take the Vehicle outside the United States Or Canede without our w~JteN*lcoureot; or
I. You use the Vehicle or allow someone else to use it in a way that causes it pot TO be
covered by yom' insurance; or
j. You do somethipg that causes the Vehicle to be subject to cocliscstlo~n by government
authorities; ur
h Th~ Vehi[-P~ is In~t, stolen, destroyed or 8'~m~Oed berthed ecooorfl~al re~alri~end net ~lxed
L Soother cleditor fries to tske the Vehicle or your meooy on deposit with Asslgooe by legal
I3. OUR RIGHTS IF YOU ARE IN OEFAULT OF THIS CONTRACT: if you are in Default Of this
Contract, we may enlorce our rights according TO taw. We may else do the things InecUioally
mentioned in this CoolracL We may de one of these things end at the some time or liter do
another, Some of the things we ~ey do ore the Iollowin8:~.~ , ,,,
a. ACCELERATION: We can demand that you pay fo he the unbr~':~a~'T~lilnce ~wtng OU
the Contract and ell unpaid Finance Chergss end o~ renney due, You olrou theLyou,WIR pay
this money to us in one s~ngle Fay meqt In!ATlp~Jiot~y U~R roOtlet_nE Oi#
b REPOSSESSION: We can ~ep~s~ess the Vehicle, unless ~rohib~ted by/aw, We can do this
ourselves, have a quaidied person do il for us, Or have o government official (by replevln~ ~ it I~'
us. You agree that wa can peaceably eomp~ 1~ II~l~f-ll ~1 tu~
lhinRs found iff the Vehicle, but will r kTIJ~1~,% JV ,tiqRa~ ~ U'),Y~ ,~,~.
I)ack, you agree Io ask us Jrt a leDer sent to ua by cerllfied mail within 24 hours, U you do uot
send us this letto,', you give up Iffy clairq to these thitip. You glTne, that we may us~e,yout gp,ouse
plates in repossessing the Vehicle and taklo~ !( tql'Ptlce f 0 P ~li'l~ ~
VOLUNTARY DELIVERY: We can esli*~J~Ld iiVl'u~ t~ltrl
place. You agree to Rive us the Vehicle If we lelk,'~ ~ t.',~ i~ ~ia~',LL~¥
d. OELAY IN ENFORCEMENT: We can delay,enforcing ovY dams ~mde, i t ~,.~.~ et w~theut
losing any rights.
info.es, .o.ed on the Ce.fdicafe e, Tif,e lo fha Vehicle. Ye. wi,t .el set, e, Pave awe. the ,,. SO.E ,.lUgS YOU ,.OUEU .OW ,, .P...
Vehicle If someone puls a lien oD Ihe Vehicle. you will pay the obligation and clear Dm lien.
wIUioul using a ~vemment otlic~l (by replevin): ......
9. YOUR PROMISES ABOUT THE VEDICLE: You will keep the Vehicle in Seed condition and a NOTICE: We will ~end you a Notice of Re~ ~(~id~ we k~w a~ul.
fepeir. You wil} pay all taxes and cha~ off,the VehloM, Y~ wig ~y iii mts~ ~in~iqi~,~Tha ~b~,w~ Jp~ ~HaG&~'~
%'~1~i~:1~. Yuo will uot ab~Jse the Vehicle or permit anylhh~g TO be done TO the Vefilcl~h ~a[ ~ei[lslale [h~~ d~nHa~'JJ~ means'you will have ~
~educe ils value, other than for oormaf wear and use. You will nel use the Vehicle for ifleial other oolooflJs due, You may poi get the Veh~le back b~
perpesesorforhifeortease. You wig not move lhe Vehicle from your add~ess shown ofl U~e froot Nolice wi~l tell you other informetioo requir~&~ J
of h s Con act lo a new permanent place of aurae ng W thout noly nE us n advanoe, b REOEMPT ON You have h~ d~ t~'Ga~k (redeem} the Vehicle w~5 days of the
i0, YOUR PROMISES ABOUT INSURANCE: You wiR keep the Vehicle insured against fife, theft mailing of the Notice a~d at any later time before we sell the Vehicle. if you do eel redeem, you
and collision uutil all sums due us are paid in full, the insurance coverage must be satisfactory to
US and protect your inlerests and our intsrests at the time of any insured Ions. The insurenne
must name us as "loss-payee" on the policy. The insl,ence must be wdUen by afl insurance
company quafifled to do business in Pennsylvania and licensed to sell insurance in the stale
where the Vehicle is permanently garaged, The insurance policy musl provide us wilh at least lO
days' prior written notice of any cancellation or reduction in coverage. Off request, you shag
deliver the policy or other evidence of insurance coverage to us. Iff the event of any loss or
damage lo the Vehicle. you will immediately notify us in writing and file o proof of loss with ibp
fuehrer Wu mav file a proof of loss on your behalf if you fail or refuse to do so; We may e[ldorse
give up all claim to the Vehicle,
c SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will;be used
to pay co~ts and expenses you owe. and then TO pay the amount:you owe un the CePh'eof.
d SURPLUS OR DEFICIENCY: If there is money left, we will pey U to the Buyer. If there is not
enough money front the sale to pay what you owe, Buyer arid Ce. Signer agree TO Fay what is sLiR
owed to us. ~'~
e. EXPENSES: You agree to pay the costs of repossessing, stodol,~
~alo and seRing the Vehicle as may be allowed by law. These coots'~elli'_~l ~:'
!. _O?ault exc,,da fU~eou Et5! d~,ya'at the time o.f
[] N~:~N m* I-~EO ["J DEMO [] CAR [] TRUCK PRIOR
1998 FORD FI~O'PICKUP T~
1 F T Z fi 1 7 W 3 W N C 3 7 6 0 2
I~26 WILBERI HUOSO~ ~OV 24TH, 99
!786 PLYMOUTH
~GRAY I m'~GRAPH ITE
1 ? 3 B J
CARAVELLE'- SD '~'
C 0 5 9 8
DYMOND AUTO INSURANCE
2639063
Phone
532-8888
Chambersburg Toll Free
267-~0 ~'~'
196 Walnut Bottom Road
SHIPPENSBURG, PA 17~57 DEAL #
PRICE OF VEHICLE ~1 I
PROTECTION PLAN
L CASH PRICE
'~"~' .~ .-t/~.__ ..~ -// s. LICENSE, TITLE, REGISTRATION FEE
It ~ ~oel ~is p~ ~t or re~ ~ ~e d~ ol ~e ~e 6. O~UMENTARY FEE
This ordm' s~aJl ~ol ~ binding until ~
7. PA TIRE TAX
e. TOTAL PRICE OF VEHICLE (1
~O0.CO
20492, .~)~ :-_
600. ~
~. mAa~ ~N ^,, OWANCE
to. m,~.~CE OWED N/A
500.00
11. NET AI. LOWANCE Ig -10)
~z ~=msrr 500.00
14. TOTAL CREDITS (~ +~2-~3)
,N/A~
exectmon of this order/eenifiss that he is legaJ age or olclm and ackno~isdges mat 15. AMOUNT FINANCED OR BALANCE DUE
he has reacl its term d conditions and has received a true copy of this o~der. FIN.
, ~/atl¢ .~ ~ . iNS HOUSEHOLD AUTOMOTIVE FINANCE CORPORATIO
PURCHASER S ~ ~ ~ ~/ /// ~_/~J~ '
,.. /,/
6
Assignment
Agreement
Household Automo~ve
Rnance Corporation
This Assignment is attached to. aod expres, sl~,~.,d_e a part of that certain Motor Vehicle Retail Installment Contract
(the"contrect"l ted by and between - -.
It is expressly understood and agreed that Household Automotive Finance Corporation (HAFC) is substituted each
and every tim~ wherj~the name .
appears within the Contract.
For value received, Seller hereby expressly sells, assigns and transfers all of Seller's right, title and interest in the
Contract, in ail monies due and to become due thereunder, and in and to the vehicle and other property and security
interests described therein, to HAFC and/or its successors, assigns, subsidiaries and affiliates. All representations,
warrenties, indemnification's, guarellties and hold harmless provisions made by Seller in the Contract, and alt
other terms of the assignment contained therein, are hereby made in favor of FIAFC.
This Assignment specifically includes, but is not limited to, all right, title and interest of Seller in any insurance
policies and other products (and the proceeds thereot) purchased, endorsed or obtained by said Buyer(s) under
the terms of the Contract. This Assignment specifically includes all right, Uae and interest ot Seller in and to the
vehicle, any property, collateral or sacudty interest described or provided for in the Contract.
Notwithstanding anything to the contrary contained in the Contract, this Assignment, upon execution by Seller,
shall assign Seller's rights in the Contract to HAFC and not to any assignee(s) named in the Contract. This
Assignment shall not be deemed to relieve Seller from any liability for the breach of any warranties, representations
or agreements contained herein or in the Contract.
Seller-Dealersb,p leeae
Seller's Agent (please print):
SelleCs Signature:
Title of Agent:
Date of Assignment:
Policyholder:
2425 LINDSAY LOT RD
SRIPPENSBURG PA 17257
Policy Number: Policy Period:
US 197697279 05/14/1999 to
2ONTINENTAL INSURANCE COMPANY
P.O.BOX 16020 READING,PA 19612-6020
Agent:
ENGAY, INC. DBA DYMOND INSAGENCY
2012 LINCOLN WAY EAST
CHAMBERSBURG PA'17201
PHONE: 717-263-9053 470-021384-0000
05/14/2000 12:01 AM ~tandard Time
Policyholder since:
05/1999
24 HOUR cLAIM REPORTING 800-588-7400
YOUR POLICY HAS BEEN CHANGED
ADDED INTERESTED PARTY INFORMATION
~_,/1/24/1999 ADDED VEHICLE NUMBER 2
-Change to Annual Premium + $ 286.00
,~ Revised Annual Policy Premium $ 835.00
Additional Pmmium for Coverages From ~1/24/1999 to 05/14/2000 $ 133,00
ThiS..~lge ~ummery prevldea you with complete policy information, including the
your'~ cun'ent~y In ~
IMPORTANT INFORMATION ABOUT YOUR POLICY
We provide colllalen coverage for · non-owned private passenger motor vehicle rented by you, d,;rlng the term of this
policy, if at least one of your euto~ shown below has collision coverage. (The collision coverage we provide ia subject
to the leweat applicable deductible.) Pleeea review your policy for (=overage details.
MOTOR VEHICLE PROTECTION
Vehicle i
(Coverage applies only if a premium or Iim# le ehown)
V~hlcl~ 2
VIN:
Rated Driver:
Uae:
Claes Code:
BODILY INJURY
(per person/per accident)
PROPERTY~ DAMAGE
(per accident)~v
LIMITED TORT OPTION
FIRST PARTY BENE tFII{~(FPB
d;OVERAGE:
BASIC FPB COVERAGE
Medical Expe, nee Benefit
Work Los~!B~heflt
(per month/maximum)
Funeral Expense Benefit
[ Si> '~
US 19769727,,9,
1987 CHEV C~/43%RO 1998 FORD Fl50 PU
1GlFP21H2HN173516 1FTZ17W3WNC376020
DON-NY L THOMAS
W rk 02 miles Pleasure
884120 814120
$ ' 50,000/100,000!-$' 180.00~'$~''50,000/100';000' $ ' . 95;00
$ 50,000 $ 108.00 $ 50,000. $. 63.00
Applies Applies
$ 9.00' '
5,000 $
Excluded
Excluded i'
5,000
" Excluded
Excluded
$ ':. '7.00
Continued on Next Page ::.
~ , A 1220
Page 01 of 04
MOTOR VEHICLE PROTECTION
Vehicle 1
Ao~idental Death Benefit Excluded
COMPREHENSIVE (Comp) $ 250 Deductible
COLLISION (Coil) $ 500 Deductible
Premium Per Vehicle
(Coverage applle~ Only ff a premium or lira# is shown
Excluded
$ 29.00 $ 250 Deductible $ 19.00
$ 182.00 $ 500 Deductible $ 163.00
$ 488.00 $ 347.00
Gold Rate Level
Multiple Car Discount
Loss Free Discount
Anti-Lock Brake Discount
Passive Rsstraint Discount (Driver and
Pmenger side)
Anti-Theft Discount (Active Device)
Anti-Theft Dlsoount (Passive Device)
Applied
Applied
Applied
Applied
Applied
Applied
Applied
Applied
Applied
Applied
Your TotM Premium For All Vehicles
DRIVER INFORMATION
Name
01 DONNY L THOMAS
Years Lioan~ed
O8
Date of Birth
~5/01/75
$ 835.00
Drivers LIc~m~ Number
23764980
LIENHOLDER/OTHERINTERESTED PARTIESINFORMATION
Veh~ 2 Loan Number
HOUSEHOLD AUTOMOTIVE
FINANCE CORP
PO BOX I7902
SAN DIEGO CA 92177
Type of Interest
Lienholder
GENERAL POLICY INFORMATION
The covereg~ end Ilmit~ahown here ere subject to the restrictions, conditions, and oxoluelone of the polIw
"0 ' , ~
YOUR poLICY IS SUBdECT TO~'rHE FOLLOWING'FORMS AND ENDORSEMENTS
SPECIAL MOTOR VEHICLE
INTRODUCTION
GENERAL~>PROVISIONS
AMENDMENT OF MOTOR VEHICLE PROVISIONS -
PENNSYLVANIA
I ~FIRST PARTY~BE~,EFITS cov ,E~A~E -
PENNSYLVANIA
TRA~,SITION ENDORSEMENT -, SPECIAL
MOTOR VEHICLE SEGMENT
O0 ~O00O.f
~3,'Zl,'I~ ~: 44 :S9 -> ?17":33~5333 Page
................. FAX DELI%~RY ............. 917175325333
.~LLFIRST ~K
WADE FARI4ER 2I-SEP-O0
ATTACHED PLEASE FIND A PffOTOCOP¥ OF THE DOCU~I:NT(S) YOU REQUESTED.
IF YOU HAVE .aNY QUESTIONS, PLEASE CONTACT THE BANK REPRESENTATI%-E
'WHO INITIATED THIS REQUEST ON YOUR BEHALF, AND REFER TO REFERENCE
N~JStBER 1150-20SEP0~ ·
S I NCERELY, 01 -MAR-00
CENTP~AL RETRIEVAL DEPARTMENT 21303283
FAX
HOUSEHOLD AUTOMOTIVE FINANCE CORPORATION
Monthly Statement
NUMBER .T~= ~ DUE nY PAST hUE AA4OUNT DUE GHA~GES DUE CHARGES DUE THIS ~dOUNT
TRANSACTION DATE DESCRIPTION TRANSACTrON AMOUNT
ol/08/00 Scheduk~ ~ym~nt 478.35
02J08;00 Scheduled p~nt 478.35
03/08/00 Scheduled P&yment 478.35
Your account can be pedd in fu# on or bof(re 02/27/00 for $21,515.53
Please see Payment Intonn~Jcm be/mw b' mailing adc~oss.
Cu94omeg Sofl~c~ I-~00-418-18~8
General Co~a~q~rtc~flce: HOCIS~HOCD AUTOMOTIVE FINANCE COF!POIRAT~ON P.O.BOX 17904 SA~d DIEGO, CA g~177
Jd~d p~tmem m:
Sen ~ CA 92177-7903
W4~tmn Unkm Quk:k Cod~ct MO~ Ezp~m~ Paymdnt
AOefl! ! ~'~,~r Num0ef: 1-600-325-6000 AGent L(~:mm*~ I~Q0~0~6-9400
~ C,~y: Saf~g C~k:~r~ Rac~vo ~:x~: 1,403
NOTICE OF RIGHT TO-REDEeM
NOTIC~ OF $~LE
o3/13/2ooo
DONNY T~OMAS
2425 LINDSEYLOT ~D
S~IPPENSBUR~, FA 17257-0000
Acco%%nt Nt~er : 475170
Type of Vehicle: 98 FOR F!S0 1FTZF17W3WNC3~802
Your vehicle was repossessed on 03/04/2000 for failure to make paymexlts
under your credit agreement. In accordamce with state law, Household
Automotive Finance Corporation is giving you the opportunity to redeem your
vehicle.
Your ve~icle is located at: . Prior to recovering your vehicle, you must
make your payment by certified check or money order to Household Automotive
Finance Corporation; 11452 E1 Camino Real, Suite 400; San Di_e~o, CA. 92130.
Only upon satisfaction of payment will Household Automotive F=--~=e
Corpora=ion authorize the storage facility to release your vehicle. Please
do not contact the storage facility directly to recover your vehicle. You
will be responsible for payin~ the storage facility a~y storage fees which
have accrued since the date of this letter. You will be responsible for
working with the storage facility directly on the repayment of these fees.
ITEMIZATION OF REDEMPTION AMOONT
Accelerated Balance
(including earned interest):
Late Fees:
Approximate Repossession Costs and Fees:
Redemption Amount:
$21,119.76
$ 0
$ 385.00
$21,%84.76
*NOTE: The repossession costs and fees indicated are only an estimate. If
the actual costs exceed the approximate amount no=ed above, you will be
responsible for paying any outstanding costs. If your ~ayment exceeds the
actual costs, we will apply any excess you have pa~d to your accoumt
balance or, if there is no outstanding account balance, we will send you a
check for any excess amount.
Your right to redeem your vehicle shall ex~ire when we-enter into an
a~r~ement to dispose 9f you~ vehicle. A private sale wil~ take place on or
after 03~28/200D, The' pr~c%~eds
repossession and sales e:c~enses, then to the outstanding contract balance.
If the proceeds are insufficient to pay the expenses and outstanding
balance, you may be held responsible for the amount of the deficiency.
If you have any questions, telephone us promptly at 1-800-418-1888, x6525.
Sincerely,
Household Automotive Finance Corporation
11452 E1 Camino Real, Suite 400
Sen Diego, CA. 92130
1-800-418-1888, x6~25
Household Automotive Finance Corporation services auto loans and motor
vehicle sales finance contracts for Household Bank, f.s.b, and Household
Finance Corporation and its subsidiaries.
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Donny L, Thomas,
Plaintiff
Household Automotive Finance
Corporation,
Defendant
Civil Action - Law
No. AD 2001-1735
To the Prothonotary:
PRAECIPE
Please reinstate the complaint in the above-captioned action in order that same may
be served upon defendant, Household Automotive Finance Corporation, which could not
be served within 30 days from the filing of the complaint by the Philadelphia County
Sheriff's Department, which was deputized by the Cumberland County Sheriff's
Department for this purpose.
Dated: April 26, 2001
Respectfully submitted,
Supreme Court I.D. No. 38262
Attorney for Plaintiff
P.O. Box 83
Orrstown, PA 17244
SHEREFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-01735 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THOMAS DONNY L
VS
HOUSEHOLD AUTOMOTIVE FIN CORP
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT ,
HOUSEHOLD AUTOMOTIVE FINANCE CORPORATION
but was unable to locate Them in his bailiwick.
deputized the sheriff of PHILADELPHIA County,
serve the within COMPLAINT & NOTICE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On June 26th , 2001 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs:
Docketing 18.00
Out of County 6.00
Surcharge 10.00
Dep Philadelphia 116.00
.00
150.00
06/26/2001
~_So a f~~Count~
JOSEPH MACALUSO
Sworn and subscribed to before me
this ¢~ day of~
A.D.
Prothonotary ' '
in The Court of Common Pleas of Cumberland County, Pennsylvania
Donny L. Thomas
Household,Automotive Finance
Corporation ~0.01- 1735 Civil
Now, 4 / 17 / 01 ,20 O ~, I, SHERIFF OF CUMBEKLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, flais
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
]~0~,
within
upon
at
%y hm~ding to
and made known to
Affida¼t of Service
,20_ ,at
o'clock
cop), of the original
SO al2swers,
served the
the con~.ents thereof.
Sworn and subscribed before
me th/s __ day of
,2O
Sheriff of
COSTS
SERVICE
MILEAGE
AJrFIDAVIT
County, PA
SHERIFF'S RETURN -- SUMMONS/COMPLAINT
VERSUS
CIo C7- CaRP
SEBVED AND btADE KNOWN TO /q'~OV',~
COMMON PLEAS NO.
COUNTY COURT
TERM,
[] Defendant
~ Defendant Company
by handing a true and attested copy of the within Summons/Complaint, issued in the above captioned matter
on /X4 FO ~, I J~ ,ciO01 , at /O:O0 o'clock, /::} bt., E.$.T./O~IIF.
at / 5- /$ /'4 ~ ~q ~(& "f ~q-Yq. _/~ T~ ~c~. , in the County of Philadelphia,
State of Pennsylvania, to .q'/q/,2 D ~ Jq J- 0 L~ 0,'-40Aj
~ (~) the aforesaid defendant, personally;
~ (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that
his/her rela~onship to said defendant is that of ;
~ (3) an adult person in charge of defender's residence; the said adult person having reused, upon re-
quest, to give his/her name and relationship to said defendant;
~ (4) ~e manager/clerk of the place of lodging in which said defender resides;
~(5) agent or person for ~e time being in charge of defendant's office or usual place of business.
~ {6) the and officer of said defendant Company;
So Answers,
JOHN ID. GREEN, .Sheriff
1248 (R.'.'. 12~7)
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Donny L. Thomas,
Plaintiff
Household Automotive Finance
Corporation,
Defendant
Civil Action - Law
No. AD 2001-1735
PRAECIPE
TO: Cumberland County Prothonotary
Please discontinue the above-captioned action with prejudice.
Dated: July 16, 2001
Respectfully submitted,
oseph A. Macalus0, Esq.
orney for Plaintiff
preme Court I.D. # 38262
CC:
Household Automotive Finance
Attn.: Jeffrey B. Wood, Associate General Counsel