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HomeMy WebLinkAbout11-3255 THE SINDAco LAW FIRM BY: Beth L. Sindaco, Esquire IDENTIFICATION NO. 65988 Law Offices at: 17 CAREY AVENUE WILKES-BARRE PA 18702-2213 ;570) 822-7550 ?q11 p n4 PM I..:60 ATTORNE?.bl„?141 CoU' TY Pt' SYLVANIA COMMUNITY BANK N.A. Plaintiff VS. RONALD SISTI II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendant :NO. 1 I -3oZ-8 5 Cj J/{ f NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Pz? Ralph N. Jachimiak, Esquire was-7 650 THE SINDAco LAW FIRM BY: Beth L. Sindaco, Esquire IDENTIFICATION NO. 65988 Law Offices at: 17 CAREY AVENUE WILKES-BARRE PA 18702-2213 1570)822-7550 COMMUNITY BANK N.A. Plaintiff vs. ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW RONALD SISTI II Defendant :NO. COMPLAINT COUNTI 1. Plaintiff is Community Bank, N.A., a New York State business operating at PO Box 509, Canton, NY 13617. 2. At all relevant times, Plaintiff was in the business of extending credit. 3. Defendant is Ronald Sisti II, an adult individual whose last known residence address is 202 Bridge Street, Floor 1, New Cumberland, PA 17070-2197. 4. On July 1, 2004, Defendant entered into a written Agreement with Plaintiff for a purchase money loan for a 2001 Chevy Blazer in the amount of $10,302.75. A copy of said Agreement is attached hereto as Exhibit A. 5. Exhibit A is intended to be used at trial of this matter pursuant to PA. RCP 1305. 6. The terms of the Agreement required the Defendant to repay the loan in 60 monthly installments of $232.30 at an annual interest rate of 12.59%. 7. Subsequent to receiving the loan proceeds, Defendant defaulted on the loan. 8. The loan was charged off by Plaintiff on September 27, 2007. 9. Defendant's total deficiency, including late fees and interest as of August 20, 2009 was $7,182.49. 10. Defendant has not made any further payments on the loan, in violation of the terms of the Agreement. 11. Pursuant to the terms of the Agreement, Plaintiff is entitled to recover reasonable attorney's fees and all costs of collection from Defendant upon Defendant's default. 12. The Defendant has received all credits to which Defendant is entitled. 13. Although Plaintiff has often demanded payment of the sum in question, Defendant has refused to pay. 14. As a direct and proximate result of Defendant's breach, Plaintiff has been forced to expend sums of money in an attempt to recover its property. 15. As a direct and proximate result of Defendant's breach, Plaintiff has suffered economic damage in the form of expenses to recover Plaintiff's property. Wherefore Plaintiff now demands judgment in the amount of $10,896.84 including interest, attorneys' fees and costs. COUNT II UNJUST ENRICHMENT 16. Plaintiff incorporates the allegations of paragraphs 1 through 15 inclusive as if fully set forth at length. 17. Defendant has had the benefit and use of money obtained solely and directly through Plaintiff's extension of credit. 18. As a result, Defendant has become unjustly enriched at Plaintiff's expense by the amount set forth in Plaintiff's attached Exhibit. 19. Defendant utilized funds from Plaintiff for his benefit. 20. As a direct and proximate result of Defendant's actions, Plaintiff has been forced to expend sums of money in an attempt to recover its property. 21. As a direct and proximate result of Defendant's actions, Plaintiff has suffered economic damage in the form of expenses to recover Plaintiff's property. 22. Plaintiff has relied to its detriment on Defendant's promise to repay the loan obtained from Plaintiff. Wherefore Plaintiff now demands judgment in the amount of $10,896.84 including interest, attorney's fees and costs. Ar RALPH N. JACHIMIAK, ESQ. ATTORNEY FOR PLAINTIFF VERIFICATION I, Pamela S. Dent, hereby verify that I am an officer of Community Bank, N.A., the Plaintiff in the above matter and that as such I am empowered and authorized to make this verification pursuant to the Pennsylvania Rules of Civil Procedure. I further verify that the statements made in the foregoing Complaint 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 unworn falsification to authorities. Date: 11? `PAMErA"S. DENT ? --K,- ASSISTANT VICE PRESIDENT EXHIBIT A FORM NYS23SLC-IOAAA (Rev. 4/03) RETAIL INSTALMENT CONTRACT Meaning, Of Some Words: isCoi words "you" and "your" m the Se ANNUAL FINANCE Amount Fi ed I PERCENTAGE RATE CHARGE The amount of The cost of my credit The dollar amount the provided to me o as a yearly rate. credit will cost me. behalf. 12,5q pro $ 305..215 $ 103021 My Payment Schedule will be: 4-56 ? v Zo°? ?a r t, th m e," and "my" mean anyone signing this Cont ct as Bu r. T or Odl?Q!r tr rs its rights under this Contract, anyone ha ng 'iNo-Ar Is. " tal of ents Total Sale Price fir" The am ill have paid after The total cost of my purchase on I hay all scheduled credit, including my downpayment !ZO of $ Z4190.? . $ t393?•0? $ v..o3o.to e means estimate No. f Payments Amount of Pa ments When Payments Are Due (at $ Monthly, beginnii g AlkAL" $ Security: l am givinga security interest in the motor vehicle being purchased. Filing Fees: $ LA Late Charge: If a payment is late more than 10 days, I will be charged the lesser of 10% of the payment or $45.00. Prepayment: If I pay off early, l will not have to pay a penalty. My Contract documents will have additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties In this Contract, S ?5I1W2a I,(•6 . Z• ?N7- 3 This Contract is between Seller and Buyer. All disclosures you are have been made by Seller. Seller intends to assign this the Seller. Gpft.L4V(A 134A (o Contract to the Assignee named below. Name t$r1 Address Zip Code We are KAA t?P If there is more than one Buyer, each of us will be obligated, separately and together, for all sums due you and the the Buyer(s). ?? b ( (n 0-.4 13O0 2, performance of all agreements as provided in this Contract. of Vehicle: (See "Insurance Requirements" section) Mess(es) N/U Year and Make Model Body Style No. Cyl. Truck Ton Capacity Serial Number Equipped A.T. PLR [a Anti lock brakes ? PWR Sunroof . PWiiya, with A.C. ® 44 Anti-theft device Other LUZA 114If,V,. I have traded in ij ? a the following vehicle: Year and Make Description Property Insurance:I am required to obtain and maintain insurance on the Collateral, endorsed to protect you as loss-payee, BUT I MAY CHOOSE THE AGENT OR BROKER OF MY CHOICE. (? if owner other than buyer, sign below) 941440 / ?+ ? TITLEHOLDER OF COLLATERAL: D#jtjTIjj ? REGISTRANT: D. 46n i+? PHYSICAL DAMAGE: Compre'hgnsiv (deductible) $ 49040 -_ Collision deductible) $ .Q) INSURANCE COMPANY: IJ Policy N-umber: 01'9'77 1OZ747101 DEffective Date: 711 AGENT: Name: Address. A?0'11/r0 Telephone Number 0 1 guarantee that the required insurance coverage as shown in the "Insurance Requirements" section was obtained from the agent named above. Liability insurance coverage for bodily injury and property damage is not included or provided for in this Contract Vendors Single Interest Insurance: You require Vendor's Single Interest Insurance. I may choose the person through whom Vendor's Single Interest Insurance is to be obtained. This insurance is for the sole protection of the Assignee and my interest is not covered. If obtained through you, the cost of such insurance is shown in the Itemization of Amount Financed. Promise to Pay: I agree to pay you the Total Sale Price for the Vehicle by making the Cash Downpayment, assigning the Trade-In, if shown above, on or before the date of this Contract and paying you the Amount Financed, plus credit service charge (called "interest" in this Contract), in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same day of each month as the first payment date. Payments must be made at any office of: COMMUNI I Y BANK, NAI ZONAL ASSOCIATION (the "Assignee") REQUEST AND SCHEDULE OF GROUP INSURANCE ii I understand tha Credit Life Insurance and Group Credit Accid nt and Health Insurance are vol 0 ary and a ©t required to obtain this loan. I further uncle d that I may select another insurer to provi is coverage. If I choose to become insure derstand that insurance will be provided m dance with the certificate of group ins ce that will be -4m. Th. Nl?? ?c Date Itemization of Amount Financed Cash Price 13 7,6* Cash Downpapt Trade-In Value of Trade-In -$ 0. c9° Lien Payoff to : N +$ O &D Unpaid BalTcg CasI1,Pr c7. To Credit Insurance Company 2 +$ 0.00 To VSI Insurance. 00 3 +$ To Public Officials 4 +$ D leo To 5 +$ 0,0() To s +$ Q , ?a To 7 +$ (y r V Amount Financed (1 thru 7)=$ 10-302.74 F7 I WANT optional Group Credit Life Insurance` WE WANT optional Group Credit Joint Life Insurance. 0 I WANT optional Group Accident and Health Insurance. Signature of Insured Insurer: e = estimated insurance premium re of Insured (for Joint of Ins.: Collateral: As Collateral for this Contract (to protect you if I don't pay), I give you a security interest in the Vehicle being purchased. A security interest means that, if one of the events of default occurs, you can take the Vehicle and under certain circumstances sell it, as is more fully explained in the "Right to Demand Payment in Full" and the "Right to Repossess" sections on the back of this Contract. "Vehicle" shall include tires, parts, equipment, replacement parts or additions to the Vehicle or any vehicle insurance refunds or any proceeds resulting from loss or damage to the Vehicle. If I default (see "Right to Demand Payment in Full" section), you have the right to apply any sums that I have on deposit with you and any group insurance refunds which you receive against any balance that I owe. The Vehicle also secures any advances made to protect your interest in the Vehicle. I AGREE THAT THE PROVISIONS ON THE BACK ARE PART OF THIS CONTRACT. (Continued on reverse side.) NOTICE TO THE BUYER: 1. Do not sign this Agreement before you read it or if it contains any blank space. 2. You are entitled to a completely filled-in copy of this Agreement. 3. Under the law, you have the right to ay off in advance the full amount due. If you do so, you may, depending on the nature of the credit service charge, either: (a) prepay without penalty, or (b) under certain circumstances, obtain a rebate of the credit service charge. 4. According to law, you have the privilege of purchasing insurance on the motor vehicle provided for in this Contract from an agent or broker of your own selection. Seller agrees to this Contract, including terms and conditions on back, and assigns it to the Assignee named above in accordance with the first Assignment printed onr the reverse side, unless otherwise marked. Seller C.`^""? ?J ` ame) By (Au o A Signature/Title) I HAVE RECEIVED A COPY OF THIS CONTRACT SIGNED BY THE SELLER. RETAIL INSTALMENT CONTRACT. Buyer Co-Signer ? Owner other than buyer: Anyone signing below is obligated only under the terms of the security agreement and is not personally responsible under the terms of the Contract. Name (Print) Address Signature Date CO-SIGNER NOTICE I agree to pay the debt identified above, although I may not personally receive any property, services or money. I may be sued for payment, although the person who receives the property, services or money is capable of paying the debt. This notice is not the writing that obligates me to pay the debt. I should know that the Total of Payments listed above does not include Finance Charges resulting from delinquency, late charges, repossession or foreclosure costs, court costs or attorneys' fees, or-other charges that are stated in the Contract. I will also have to pay some or all of these costs and charges as required by the terms of the Contract. I have read the Retail Instalment Contract, which contains the exact terms of my obligation, and the Co-Signer(s) Notice. I have been given a completed copy of this Notice and each writing that obligates me or the Buyer on this Contract. Co-Signer Name (Print) Co-Signer Name (Print) Address Date Address Date Signature of Co-Signer Signature of Co-Signer UNIVbUMUMLn FUKM NTSZSSLGIUAAA (Rev. 4/03) (L-313ny) NUI ICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. «v 2003 BANCONSUMER SERVICE, INC. ORIGINAL i= kntire How The Finance Charge Is Figured: The Finance Charge, w onsists only of inferest, balance of my loan be paid at once, without prior notice or demand, if: has been computed upon the basis that I will pay all instal its on t edule?/??yye y amount owing under this Contract or any other amount I owe you now or in the future dates N any instalment is received later than the scheduled ate; i t80rto i paid by the day it becomes due; or pay such additional amounts as may become payable by rea of th 4 reak one of my promises under this Contract; or calculated daily upon the unpaid balance of the Amount Fin d. In a have made any false or misleading statement on this Contract and/or credit application; or instalment is made in advance of the scheduled due date, terest c our name does not appear as the only "lienholder" (claim) on any certificate of title reduced accordingly. The amount of this decrease or increase le reflected in final- •? ed now or in the future; or payment. I shaffhave the dgbt.Jo prepay the unpaid principal ba , ?r full or in part?al-a The Vehicle is lost or damaged without adequate insurance coverage; or sold, or given any time providbd lhaffi*mertts are first applied to accrued inte s'? ry f?~ away, or seized; or prepaynent t ` 'A . s" r .. rtr ti i, fite.,bar*auptcy or if any. pIroc0 .1g,is instituted to seek relief from my debts or Now Paymeiit to neep ' relit Insurance Is Figured: If i y cell mounts owing under 4. f`die`or Yiecome legally unStlle to-merfage.my affairs; or , .. this Contract in advance, I will receive an allowance, if applicable, for Group Credit Insurance S. You, in good faith, believe that the prospects of payment or other performance under premiums from you, as specified on the front of this. Contract calculated by a formula this Contract is impaired; or approved by the Insurance Department. 9. The Vehicle is seized by a third party (including, without limitation, a municipality or Lola Chargt If 1 fad in pay any instalment for more than 10 days from the date it is due I wtll other governmental or quasi-governmental entity) because of the Vehicle's alleged or actual pay a late charge of the lesser of 10% or $45.00. lni!blvelnent`iQ , qak alleged criminal or unla?rftif ?G:Git1LX and/or where a forfeiture Collection Costs: If you hire an attorney to bring a lawsuit to collect an amount owing . proceedingVas Tieen instituted in/before any federal, state or local court or any any g administrative body. under this Contract, I will pay you attorney's fees up to 15% of the amount then due, plus Right to Repossess: You can repossess (take) the Vehicle if one of the events of default court costs, or such lesser amounts as the court allows. (listed in the "Right to Demand Payment in Full" section) occurs. After my default, I will Payniat After All Amounts Owing Become Immediately Due: Under certain circumstances, deliver the Vehicle, upon your request, or yp coq ester; tire; remift where it is kept and you can declare all amounts owing under this Contract immediately due. If you do and all take it yourself (as permitted by law); A.n4_Jc `n ep hot`trot1j before you do this. You amounts owing are paid or you sue for them and obtain a judgment, you, till calculate what I can sell the Vehicle after repossession and t?'pply d`proceWik64hetalance of what I owe owe as if 1 were going to pay in advance. + after deducting your reasonable reposiiessibr, storage, te.pafj.prjparation for sale and Care of Vehicle: I agree: to keep the Vehicle in good condition and repair, not to remove it selling expenses. You will ?d me, r asonable; tice?y mail of any sale of the Vehicle. I from the address at which it is presently kept without your prior written consent; not to sell or can still recover the Vehi efdr# sill it W pa'Ah a `•' iMphrits past due under this transfer it or use it as collateral in another transaction; not to use tqe Vehjcie_for hire, livery Contract and'?anyti (aargb?-,to.wNcityoetrrt'tagAty a fl or lease; or permit its use in any illegal manner; not to allow someone. %lse- seize the Vehicle To recover any articles I claim ara not part•ot the Cpllaleraf Wt,?vete tontained in the Vehicle, I or create a lien (claim) on it, and to give you immediate written notice of loss or damage to must notify you in writing within 10 dayl after repossession: Failure to claim and take the Vehicle. possession of these items promptly will be an abandonment of them. .Requirementsc,.I agiieint.all times to keep the Vehicle insured with comprehensive, If the sale does not cover all that I owe, I will be responsible for the amount still owed. If there is fire theft lndi a, mirfir6m amount of deductible,ppIlis0 insiLran satjsf tGlory o ; you,. any surplus money it will be refunded to me endorsed to protect you with a licensed insurance ` n'." Iria) tur rr Y Pr Y jr8rppa It Q i YOU, Trade In and Downpayment;..l,grprahtpe that 0 wr-0eve icte r3?ep in, rf a?i1ltNid that; is may do so and 1 agree to pay the cost. I agree that any msi#ra ce mogeyy??papble,by reason f free from any lien Or seeuritti interest not shown in Rfd "T dd-in section of the Itemization of damage fo Dirbss of the Y hale shall be paid directly andt5etre?y to yfib' an'd mad tie dsed to " r `Arfrount,F,(nairT also represent that I have made the dowrCoayment add have rigt borrowed it my debUto 'MA "tfie Yetucfe is lost or damaged, you can use the insurance proceeds (money) Title aat(:,Seoriiy . %t: If the Vehicle is already titled of is to ba4itled, I gparantee that I to replace or repair it, or to repay any amounts I owe you, and I agree that, if necessary, you can am or will be the r stered owner and your security interest shall appear as the only security settle any inlu?1inCe_Gaifis or sign any insurance checks on my behalf. I agree that loss, on any certificate of title now or iip the future issued. I agree that you can apply for certificates damage to or desffoiclrotr-of the Vehicle shall not affect my duty to make the payments under of title to show your sect. siEyInte(est and I agree to assist you in doing so. I also give you this ContracL permission to file a financing statement (notice of your security interest filed for public record) Further Advances Secured: If.1 fail to pay fees, taxes or the costs necessary to keep the Vehicle covering your security interest without my signature on it. in good conditidn Ad jelpair, you may, if you alone choose, advance any sums necessary to Waivers and Releases: You can waive or delay enforcing any of your rights without losing protect your,interest in the Vehicle. Any such advances will bp secured by thl Vehicle anp'vlill them. You can waive oi, delay enfarciffg a right as to, one of us without waiving it as to the Al: ?Z be subject fingh a Charge at the AnnuaLPercentage Ra yff fhts'EbRtiaet` 1 A " } other. You need not g" apyorie obfioo oftti -er; delay or release. Your failure to file a P Q property Y Y 40 If I fail to maintar `fe ui?ed insurance, you may, if ou-elioos obtain equivalent, limits security interest, failuK*tq k "the Vehicle insured, release of a security interest or granting of replacement insurance. This replacement insuranpe',viill prat6et your interests,btyt"yr Yr - ?jxtgnsions.. tiige of payment shall not affect my obligaf?n under this Contract. under no Obligatiowto,obtairf replacement insurance.which? 4algo protect my interests THE _ A plfcame'Law.`This Contract shall be governed by New York LaW?except for its conflict of law INSURATII E Y6U 12URBHASE MAY BE SIGNIFICAt3TLY 1016RE`XRENSIYE AND PROVIDE ME 'f?ustOn9:?fT $1a'13rb8iskifis found to be ineffective uncle€r Iat.yr regulation, the remainder LESS COVERAGE THAN INSURANCE I COULD PURCHASE MYSELF. Any amount you advance will will still be binding and effective. be secured by the Vehicle and will be subject to a Finance Charge at the Annual Percentage (The following notice shall not apply to any sale for other than personal, family, or household use.) Rate this Contrast. At the time of the advance, l will be notified in writing of my options to . , repay the a)virice: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS n infuilwithigt?ri,,'daysofthe notice; SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD n abngwdhmy monthly payment; ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED (u) if available, as,a single monthly payment, one month. following payment of all other PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY amounts dueAdertCieContract; HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY Cry) if available, as additional monthly payments, not exceeding the monthly payments due THE DEBTOR HEREUNDER. under the Contract.., Your paymentsonm}-behalf will not cure my failure to perform my promises in this Contract. Warranties and Representations: I warrant and represent that the funds (Collateral) are Optional Insurance or Service Contracts: This Contract may contain charges for optional obtained and will be used in connection with lawful activities, pursuits, endeavors, ventures or insurance or serviEeeontracts. If the Vehicle is repossessed, I agree that you may claim benefits businesses, and I will not use the funds (Collateral) to violate any law that could result in under these contracts and terminate them to obtain refunds for unearned charges. forfeiture proceedings being instituted. I agree to promptly inform you of any proposed proceengs or vernmental body actual proceeding which would subject the funds (Collateral) to forfeiture to any QWto Demand Payment in Full: Upon the following, events of default, you can require that go WARRANTIES If this Contract involves the sale pf a new Vehicle, the Seller makes,no warranty, either expressed or imp-he'd, including any impliOd warranty-of merchantability or fitness fora particular purpose, except for any warranty set forth in the Buyer's Guftfe for Used Cars. renal rurs 11-113 VrHIULt IJ rAKI OF IRIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PRO'J " Fir- VISIONSVIN Ihii CONTRACT OF SALE. Guarantee: In consideration of your entering into this Contract with Buyer, l guarantee to you prompt payment of all sums due under this Contract if Buyer fails to pay them promptly I understand that you can extend the terms of payment without notice-to me, release any security which you may have, fail to keep the Vehicle insured, or fail to have your security interes recorded, and that this will not affect my duty to make the payments under this Contract if the Buyer defaults. Name and Address of Guarantor (Print) Name and Address of Guarantor (Print) signature of Guarantor Date Signature of Guarantor Date ASSIGNMENT FOR VALUE RECEIVED, receipt whereof is hereby acknowledged, the Seller hereby sells, transfers, assigns and sets over to the Assignee named on the face hereof, its successors and assigns, or any subsequent assignee, all right, title and interest in and to this Contract and to the Vehicle described in this Contract, and to all monies due and to become due under this Contract, any guaranty made in connection with this Contract, and all rights and remedies under said Contract, with power in the Assignee to assign the same, either in Assignee's own name, or in the name of the Seller, for the Assignee's exclusive benefit, and to take all such legal or other proceeding as the Seller might have taken, except for this Assignment. Seller, to induce the Assignee to purchase this Contract, warrants that this Contract is genuine, unamended and enforceable without defense or counterclaim and the Contract accurately reflects the transaction in all respects, that all parties to the Contract are over eighteen years of age, have the legal capacity to execute the Contract and that all signatures are genuine, that the Buyer (or Go-Buyer) has accepted delivery of the Vehicle and it is titled to the Buyer (or Co-Buyer), that the Vehicle is properly described in the Contract, that the downpayment has been paid to Seller in cash, and not its equivalent (except as specifically shown in the Contract) and has not been borrowed from the Seller or a loan arranged for or procured on behalf of the Buyer by the Seller or anyone connected with the Seller, that the amount allowed by the Seller for any property taken in trade is correctly stated, that the Assignee is acquiring a purchase money security interest in the Vehicle free and clear of any lien, claim and encumbrance, and that the Seller has the power to assign the Contract to the Assignee. Seller covenants and warrants that the Buyer was informed, prior to the submission of an application to the Assignee, of Assignee's name and address. The Seller will immediately cause the Assignee's name to appear on the Certificate of Title as the first and only lienhokfer. If the Buyer has voluntarily indicated that the Buyer wishes any Group Credit Insurance and has met all criteria for obtaining such insurance, the Seller warrants that such coverage has been obtained and paid for and agrees to hold the Assignee harmless from ar':,claims with respect to such insurance, and promptly to make,tt?e ii ipropriate,refunds #,such insurance is cancelled and/or the Contract is prepaid. Upon breach of any of the provisions in ums Assignment or if the Buyer, Co-Buyer or Guarantor notify We'4signee (erally or in wrding) that they have any claim or defense arising out of this Contract or under Sections 198-a or 198-b of the New York General Business Law, or 16 CFR 433 et seq. or 16T FR 455 et segr'- whe er or not there is a default in payment - Seller agrees, on demand, immediately to repurchase this Contract for the unpaid balance, including earned Finance Charges as of the .date olrrepdtth%e. Seller has fully complied with all applicable laws and regulations, including, without limitations, the Fair Credit Reporting Act, the Truth-in-Lending Act and the Equal Credit-Oppoifunity Agt. Seller agrees to hold harmless and indemnify Assignee for any loss sustained as a result of any claim or defense Buyer, Co-Buyer or Guarantor may have against Seller, whether or not this loss is sustained as a result of a judicial determination. Seller hereby consents to any extensions of time for payment; modification of terms; release or substitution of parties or Vehicle; and agrees that the Assignee's failure to perfect its lien on the Vehicle will not affect this Assignment. The Vehicle described as the subject of this Contract is new and unused (unless stated otherwise in the Contract). The Vehicle's Certificate of Title is not a branded title as specified in 15 N.Y.C.R.R. §20.20. To the best of Seller's knowledge and belief, the representations on the Buyer's credit application are true and the Buyer will not use or permit the use of the Vehicle in violation of any law. Seller agrees that if any of the warranties, covenants or guarantees be breached, or if any representation be untrue, the Seller will, upon demand, repurchase the Contract from the Assignee and pay for the Contract, in cash an amount equal to the entire unpaid balance due on the Contract, with accrued interest, together with the accrued attorneys' fees. The Seller agrees that the repossession of the Vehicle from the Buyer for any cause shall not release the Seller from the obligations of this Assignment The Assignee is authorized to correct any and all patent errors in the Contract. FULL RECOURSE ASSIGNMENT Seller agrees, in addition to the warranties above, that in the event of default by Buyer in the full payment on the due date thereof of any instalment payable under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, upon demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price in cash equal to the full unpaid balance of the Contract as of the date of such repurchase, including any earned Finance Charges then due. Seller (Firm Name) By Authorized Signature/Title Date FULLREPURCHASE Seller agrees, in addition to the warranties stated in the first Assignment section set forth above, that in the event of default by Buyer under this Contract and provided that Assignee shall take possession of the Vehicle and tender delivery of same to Seller, Seller will, upon demand by Assignee, forthwith repurchase the Contract and/or Vehicle (regardless of condition) from Assignee for a repurchase price in cash equal to the full unpaid balance of the Contract as of the date of such repurchase, including any earned Finance Charges then due and expenses incurred in such taking and delivery of the Vehicle. Seller (Firm Name) By Authorized Signature/Title Date OTHER ASSIGNMENTS Seller agrees, in addition to the warranties stated in the first Assignment section set forth above, that, if the Buyer defaults in any manner under this Contract, the following additional covenants shall apply, such covenants being more specifically defined in an agreement between Seller and Assignee. Seller By Irirm Name) Auinonzeo Signature/Title i ype of Assignment Vate BANCONSUMER FORM NYS23SLC-IOAAA (Rev. 4/03) NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED CF Flt f. I 2011 2? PM 2: 0 CLIMBERL Ai,ID CMX1 s ,' f ;ins= PP4,4:)Y1- r°,!' IA Community Bank, NA vs. Ronald Sisti, II SHERIFF'S RETURN OF SERVICE Case Number 2011-3255 04/25/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on April 25, 2011 at 1335 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald Sisti II. After several attempts the Complaint and Notice has expired. SHERIFF COST: $79.00 SO ANSWERS, April 25, 2011 RON R ANDERSON, SHERIFF (C; Countysuite shenft Teieosoft inc. DavidD. Biwa Prothonotary Office of the Prothonotary Cum5er[ancf County, (Pennsylvania xirkS. Sofionage, ESQ solicitor 1/ — 3.2_Ss CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® CarCisCe, TA 0 2' -hone 717 240-6195 0 'Ta2c 717 240-6573