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HomeMy WebLinkAbout11-5955IV/ , CAF04213 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS NOT 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 m c z ?D ...I r- --tom COURT OF COMMON PLEA CUMBERLAND COUNTY C%Vll Ierm DOCKET NO.: NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A 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 0160 PQ Arr/ C-° 7037 P?ta& a.3sa 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 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(s), MICHELE A MORROW , is (are) an adult individual(s) residing at the address(es) above captioned. 3. Plaintiff and Defendant(s) 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(s) 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 12, 2011 remains on the subject account having account :number 10608216052900 in the amount of $9,025.84 plus interest accruing at the rate of 10.9% from December 6, 2007 in the amount of $2,598.38 for a total current amount due of $11,624.22. 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(s) has(have) refused, and still refuse(s) to tender payment on this outstanding obligation. 8. The retail installment sales contract provides at paragraph 24 that defendant will pay plaintiff's reasonable attorney's fees in collecting what defendant owes. 9. Defendant's last payment on account was made on May 13, 2008. WHEREFORE, plaintiff claims of the defendant the sum of $11,624.22 plus applicable court costs, interest and reasonable attorney's fees as determined by the court. Goldman & Warshaw, P.C. BY: BARRY A. R N, 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, Paul P. Taylor hereby state that I am employed by Plaintiff herein as a Trial Manager; that I am authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have reviewed plaintiffs business records related to defendant's account described 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 based on my review of the aforementioned business records of plaintiff. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: Prin/amgg?e: Paul P. Taylor Title: Trial Manager OfiFo?-El3 SUBARU RETAIL INSTALLMENT CONTRACT Date 0'41'2512006 WITH BALLOON PAYMENT OPTIONS MOTORS "rl NAN CE 1. p it 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 simple interest contract WITHOUT a "Balloon Payment" as the last scheduled payment. 2. Buyer (and Co-Buyer) Name and Address (Include County and Zip Code) Michele A Morrow Michael B Reneker 106 Grant St Enola, PA 17025 Seller (Creditor) Name and Business Address Cumberland Valley Motors 6714/20 Carlisle Pike Mechanicsburg, PA 170550000 3. WHO IS BOUND: You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. By signing on page 5, you choose to buy the vehicle on credit under the terms of this Contract and are individually liable (jointly and severally H both a Buyer and Co-Bu r sign below} for any amount due. In this Contract, *we,* "us," and "our" mean the Seller named above and, after assignment and acceptance, the Sellers assignee, =organ 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: w 0 New, Used Weight d l M Body e T Vehicle Identification No. Key No. Use for Which Purchased or Demo Year lbs. e o Make and yp New 2006 Subaru Legacy Awd 4S3BL626867214738 - persona) _ business agricultural If truck - Describe body, gross vehide weight and major items of equipment sold: ?• I -4 -§ )hie 5. NOTICE TO BUYERS OF USED OR DEMONSTRATION VEHICLES: The information you see on the window, form for this v cc a is F t 1 f anon on the window form overrides any contrary provisions in the contract of sale. 19 ':6. U a b c V a Ia 3 0 u f°- Contrac .norm FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL PERCENTAGE FINANCE 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 credit pro- our r on d t id The amount you will have aid after you have made all The total cost of your pur- chase on credit, including yeariy rate. will cost you. y o you o v e behalf. p payments as scheduled. your downpayment of $ 252 DD . 10.90 % $ 7.922.82 $ 24.940.50 $ 32 863.32 $ 33.115.32 YOUR PAYMENT SCHEDULE WILL BE: Number Of Pa rnents 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 to pay a penalty. SECURITY: You are giving us a security interest in the vehide being purchased. LATE FEE: If a payment is more than 10 days late, you may be charged 2% of the unpaid amount 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 h- A-n 7. PROMISE TO PAY: You promise to pay us the Amount Financed shown above, pus a Finance Charge applied lo nie uilmly WWI- - •„o -- Financed each day. The daily rate Finance Charge is equal to 1/385th 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 premium. Because the Finance Charge is being charged and collected on the outstanding balance of the Amount Financed and is not preoomputed, there will be no rebate of the Finance Charge in the event of prepayment. You will not have the right to reinstate this Agreement after repossession unless we allow it. 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 will owe. The laity you make payments after they are due, the greater the Finance Charge- f u pay on time, you will not owe a late fee and we will apply your payment first 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 appy, 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 till w4MF-PENNSYLVANW Rev. SW COPYRIGHTO 20015 JPMorgan Chase Bank, N.A. Ail Rights Reserved. 179552-T2111995-DP2111996-V2111997 This is a written paps' 5 21860 contract previously held in electronic form. - Sat Mar 25 12:19:37 EST 2006 IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS CONTRACT YOU MAY 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 (Ill) Certificate of Title Fee (Ili) License and Registration Fee (iv) Other Govt Fees (v) Taxes (not in Cash Price above) '(b) To Insurance Companies for: (i) Vendors Single Interest Insurance (IQ Credit Life Insurance (iii) Credit Disability Insurance E YOUR VEH $ 24,022.50 (1) $ 252.00 $ NSA $ N/A $ 252.00 (2) $ 23,770.50 (3) $ 5.00 1 request optional Gap $ 27.50 coverage under the terms in Section ig $ 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 insurance policy, there is no Gap coverage. $ N/A I% . $ N/A tniriI X (c) Other Charges 'TO Subaru Added Security FOrE_xtended Warranty :$ 600.00 •TO Sm&a Grou For Gap :$ 420.00 'TO Cumberland Valley Motors For Doc Fee 'To N/A For N/A `TO N/A For N/A 'To ALA- For Total Amounts Paid to Others on Your Behalf (a plus b plus c). 5. Amount Financed (3 plus 4) • Seller may retain or receive a portion of these amounts $ 24,940.50 (5) 11. Additional Disclosures 6. Finance Charge 7. Time Balance *(Total of Payments) (5 plus 6) $ 32, 8fi3.32 - Required by Stale Law S. 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 per 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 will not be provided under this Contract unless you sign for them and agree to pay the addWonal 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: r_f1APremium $ N/A Name of Insurer:-N/A []Credit Disability ([]Buyer Only []Joint) Term:SIAPremium $N/A Name of Insurer: NIA Buyers Signature Date Co-Buyers Signature Date LIXDILI I i uvavrvavvc w.?• •r•?+? • ?----•_ • •• ---- - -- -- - - - - - 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 Njy,%fAk?*ft§%111997 'This is a written paper orio? ij 1rPf1YeD??AQOt+atflt?lyl?'Ji9FRT awed' 060821605290 55.00 N/A N/A $ N/A $ 1,170,00 (4) 15. BALLOON PAYMENT OPTIONS: If this Contract has a balloon payment as the last scheduled payment, you have the option to either refinance the balloon payment as described below or sell the vehicle to us as described below. If you want to "refinance" your last scheduled payment, you must first pay all amounts you owe under this Contract (inducting the accrued Finance Charge) due as of the date of your last scheduled payment. but not including your last scheduled payment). If you meet our credit requirements, and if you refinance your last scheduled payment, the finance charge wiAA accrue on the unpaid balance at a new annual _percentage rate. The new annual percentage rate will be a fixed rate equal to the lesser of the highest rate permitted by law or the "prime rate' published in The Wall Street Journal on the last publication date of the month before your last scheduled payment becomes due, plus 4 percentage points. If The Wall Street Journal no longer publishes a ' rime rate' at that time, we may select a comparable publicly available rate, and add 4 ?rcentaga points to that rate. The term of payment for the refinanced balloon pa mem will be the amounts new annual percentage gere rate t either tthe original tens of this Conttract or, at your request, ashorter ferrThe length of the term you choose determine your monthly payment. You will then continue to make your new monthly payment until you pay a you owe. y require you to sign a new ban agreement setting forth the terms of the refinanced balloon payment. Instead of refinancing the balloon payment, you may return and sell the vehicle to us. This is, "the Sale Option." To exercise the Sale Option, you must satisfy each of the folbwmg oonditions by the date the last scheduled payment is due: (1) you hm us at least 30 days' advance written notice of your intention to exercise the Safe Option; (2) you pay us the disposition fee, if any, shown in Paragraph 12, and all amounts owing under this Contract (including accrued Finance Charge) through the date you deliver the vehicle to us, except for the amount of the Iasi scheduled payment; (3) you deliver the vehicle to us within five days before the last scheduled payment is due, at a place we designate, together with the vehicle title, which shows no liens other than ours, and other papers we need signed by you in order to transfer vehicle ownership; (4) 9, when you deliver the vehicle to us, the odometer reading is greater than the allowable mileage stated in Paragraph 12, you pay us the charge shown in Paragraph 12 for each such excess mile; and (5) it 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: e 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 tire at its lowest point; e The owner's manual or maintenance schedule is missing; e The vehicle is not returned with the same or comparable equipment and accessories (including jack and wheel wrench) in working order, as installed at time of delivery; e There are rips, tears, bums, soiling or excessive wear to the carpet, seats, doors, headliner or dashboard or in the trunk area; e There are scratches, dents, pits, rust areas, mismatches of paint or cracks in the fenders, bumpers, grill, roof, hood, trunk or doors, other body i damage or improper repairs, any of which would cost more than $25 to repair; o e Damage has resulted from flood water, hail, sand, excessive use, abuse, misuse, negligence or accident. e The vehicle has been repainted in other than its original color; e The engine, drive train or other mechanical, safety and electrical parts do not operate properly; e There are any special identifications, markings or modifications anywhere on or in the vehicle; e The windows, lenses or lights are cracked or broken; b e The manufacturer's maintenance schedule has not been met; g e 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 good 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 u 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. RI6. 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 written permission. You agree to maintain the vehicle in il: good condition and repair, except wear and tear caused by ordinary use, and to permit 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 rent the vehicle to others or to carry passengers for hire. If we pay any repair bills, storage bills, taxes, fines, or other charges on the vehicle, you agree to reQay the amount when we ask for rt. You agree to keep the vehicle at your address listed onpag e 1 of this Contrail unless you notify us in writing that the vehicle will be kept at a different location. You will immediately ratify us of any change ?c in your addross or the address where the vehicle is regularly located. Arty amount we pay wit be added to the amount you owe us and will be due immediately. This amount will cam finance dtarges from the dale we paid k at the Annual Percentage Rate in this Contrail umif payment in full. 17. SECURITY INTEREST: You are giving us a seariry interest in the vehicle being purchased, arty proceeds of the vehicle, and any accessories, equipment and replacement parts installed in the vehicle. The security interest also covers: (1) insurance premiums or other products financed in this Contract; (2} proceeds of insurance policies on ifte vehicle, and (3) proceeds of any insurance policies on your h1e or fkealth which are financed in this Contract. These secure payment of all amounts you owe in this Contrail and in any transfer, renewal, extension modification, refinancing, or as nment of this Contract. H also secures your other agreements in this Contract. You will cause or cooperate in causing our security interest (lien) on the vehicle to be shown on the Idle. You will riot allow any subordinate or other liens to be placed on the vehicle. 18. REQUIRED PHYSICAL DAMAGE INSURANCE: You agree to have physical damage insurance covering less or damage to the vehicle for the term 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 rot required to obtain credit and you may purchase h 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 m? r this Cdontract, 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 F page 2 of this Contract. The contract issued by the GAP company will describe the terms 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 Contrad is returned to us (for example, a refund on credit life insurance), it will be credited to your account or returned to you. 21. DEFAULT: It will be a default if any of the following events occur: (1) you fail 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 tries to take any of your property by legal proceedings while it is in your ppoossession or control, (5) you made materially false statements in applying for this credit, or (6) you file for bankruptcy or insolvency proceedings are initiated by or against you. FORM NO. eSMF-PEliN1SYLVANUI Rev, V05 COPYRIGHTO 2005 JPMorgan Chase Bank, N.A. All Rights Reserved. 179552-n 111995-DP2111996-V2111997 This is a written paper on ' lpoN o?agL?t?revl°usly held is electronic form. - Sat Mar 25 1219:37 EST 2006 22. REMEDIES FOR DEFAULT: Upon the occurrence of any event of default, our rights include: (a) the right to declare all sums due on this Contract to be immediately due and payable; (b) the right to require you to deliver the vehicle to us at a place reasons Ib y convenient to you and us; (c) the right to obtain possession of the vehicle, with or without process of law, if you do not deliver it to us. You authorize us to peaceably enter upon any premises where the vehicle may be kept in order 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 where the property is being stored. If you do not claim such property within 30 days after the mailing of the notice, we may sell or otherwise dispose of such property in a reasonable manner and distribute the proceeds according to applicable law. 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, you must pay our actual, necessary and reasonable cost of retaking storing and repairing the vehicle. Our costs must be supported by receipts or other satisfactory 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 sate or other disposition to defray the reasonable expenses of sale, the lawful expense of retaking and storing the vehicle, then to any other costs permitted by law, and then to the balance of what you owe under this Contract. You will be entitled to any surplus, but will be liable for any deficiency, to the extent permitted by law. You may redeem the vehicle at any time up to 15 days after we mail you a 'Notice of Repossession'. The redemption price will be all sums due under this Agreement (not just past due payments) and, if default was no longer than 15 days when we took possession of the vehicle, our costs of retaking, repairing and storing the vehicle. 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 bylaw, you will be liable for interest on it at the highest lawful rate until il is paid in full. 24. COLLECTION COSTS: If we hire an attorney who is not our salaried employee to collect what you owe to the extent permitted by law, you will pay the attorneys reasonable fees, and any court costs. 25. 26. 8 t7. zz? 0 u fb 0 a 0 DELAY IN ENFORCING RIGHTS AND CHANGES OF THIS CONTRACT: We can delay or refrain from enforcing any of our rights under this Contract without losing them. For example, we can extend the time for making some payments without extending others. Any change in terns 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 of fitness for a particular purpose. RIGHT TO OFFSET: To the extent provided by operation of law, if you are in default, we can upon written notice to you and subject to your right to cure the default, pay all or part of the amounts owed under this Contract from any deposits or funds that you have with us without telling you ahead of time. CREDIT REPORTIHG: 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. GOVERNING LAW: This Contract is ovemed by the applicable laws of the Commonwealth of Pennsylvania, to the extent that such laws are not oreamoted by the laws of the United States. 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 GLASS 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 (inducting 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 shall 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 get 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 arbitralon hearing shall be conducted in the federal district in which you reside. The arbitrator's decision shall be in writing and either party may appeal the arbitrators decision through the arbitration organization you chose. We will pay your Sling, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $1,500. We will also pay any additional amount of such fees 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 attorney, 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. § of. seq.) and not by any state law concerning arbitration. You and we relain 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 tight to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrators award. This agreement shall 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.9W.PENNSYLVAMA Rev. 3105 COPYRIGHTO 2005 JPMorgan Chase Bank, N.A. All Rights Reserved. Page 4 of 5 179552-T2111995-DP2111996-V2111997 This is a written paper *COW itl sa n1fiftt previously held in electronic faro. -Sat Mar 25 12:19:37 EST 2006 30. 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 b You usin your electronic l nature. 13 u In our electronic signature, ou signify Your intent to enter into His Contr cyt and that this N.ntract,ls I8 a y ?anid and enforceable to the lame xtent as If you had executed this Contract using your written slgnat 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. 5 Buyer Signs ?+? awt Go-Buyer Signs C u By signing here, the Seller agrees to the terms of this Contract and assigns this Contract to Seller's assignee under the terns agreed to by Seller and Seller's assignee. 0 z;,V1 4b) Seller (Creditor) Signs X Undersigned hereby acknowledges receipt from Seller of a true, correct and complete copy of this Contract at tt/iim?,e of execution Buyer Signs )bb Co-Buyer Signs 42 5 0 M u c 3 0 C [This space intentionally left blank.] FORM NO.OW-PENNSYLVAMA Rev. 3105 COPYRIGHTO 2oo5 JPMorgan Chase Bank, N.A. All Rights Reserved. Page 5 of 5 179552-T2111995-r)P2111996-V2111997 This is a written pape9r iiAP2&9a9act previously held in electronic form. -Sat Mar 25 12:19:37 EST 2006 CHASE O REPRESENTATION OF PRINTED DOCUMENT C AFOLVJ3 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 11130/2007 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: 0 $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 JPMORGAN CHASE BANK, N.A. MICHELE A MORROW 10608216052900 AFFIDAVIT CAF04213 The undersigned, being duly sworn according to law, depose and say that: 1.1 am employed by the Plaintiff as a Trial Manager, and I am familiar with the Plaintiffs business records relating to Defendant's account at issue in this matter (the "Account"); 2. Plaintiffs business records are maintained in the usual and ordinary course of business; . 3. Plaintiff's business records reflect that Defendant failed to make payments due on the Account; 4. Plaintiffs business records reflect that Defendant owes a balance, as of 11/20/2009, on the Account, having account number 10608216052900, in the amount of $9,590.14, including interest which continues to accrue from said date at an annual rate of 10.9% ; 5. If called upon, I can testify at trial as to the contents of Plaintiff's business records related to defendant's account. The above facts are true and correct to the best of my knowledge, information and belief. gnature Paul P. Taylor Name Sworn to and Subscribed before me this 0 day L,2011 Nota u lic CONSTANCE SOVIERO NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN NASSAU COUNTY REG. #01 S06053851 MY COMM. EXP. MAR. 17, 2015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff }F9 . THI Jody S Smith Chief Deputy Richard W Stewart Solicitor S L14iY.1 Y v ?1 f'1te "? JP Morgan Chase Bank, NA vs. Michele A. Morrow Case Number 2011-5955 SHERIFF'S RETURN OF SERVICE 08/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michele A. Morrow, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michele A. Morrow. Request for service at 221 Chester Road, Enola, Pennsylvania 17025 the Defendant was not found. Deputies were advised, Michele A. Morrow currently resides at 400 Pine Street, Reading, Pennsylvania 19611. SHERIFF COST: $48.00 SO ANSWERS, August 11, 2011 RbNWY- RANDERSON, SHERIFF (C) Ccun!ySAO Shen. 7eiasoft. lit;;.