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HomeMy WebLinkAbout11-7176 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -Feo ALLIANCE CAPITAL 11- 71'?(a Ci il v MANAGEMENT, Plaintiff No. 2011-CV- -CV CZ vs . CIVIL ACTION'' ALLYSON ACRI and, r , CARLOS THOMAS Defendants NOTICE _ r..? 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 ATTORNEYS 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 Attorney ID No 1288 Attorney for aintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016 *q, j. 00 Pp ATT'Y ?'? 1408 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLIANCE CAPITAL MANAGEMENT, Plaintiff vs. ALLYSON ACRI and, CARLOS THOMAS Defendants No. 2011-CV- CIVIL ACTION COMPLAINT -CV 1. The Plaintiff is Alliance Capital Management ("ACM"), a corporation with an address of 1597 Washington Pk., B14, Bridgeville, PA 15017 2. The Defendants are Allyson Acri ("Acri"), an individual with an address of 165 Hunters Ridge Drive, Harrisburg, PA 17110, and Carlos Thomas ("Thomas") an individual with an address of 2200 A Cedar Run Dr., Camp Hill, PA 17011. Count I - Breach of Contract 3. Defendants applied for and received a PNC Bank auto loan account number 0400200008111037877. A true and correct copy of the PNC Bank auto loan is attached hereto, made a part hererof and marked as Exhibit "A". 4. Defendants were issued a PNC Bank auto loan subject to the terms and conditions set forth in the written agreement, a true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendants accepted the terms of the written account agreement accepting the auto loan account number 0400200008111037877, in the amount of $47,368.08. 6. Defendants were mailed account statements relative to Defendants' auto loan. 7. The Defendants have defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The last payment of the Defendants was received and credited on February 25, 2008. 9. The within account was sold by PNC Bank, National Association to RazOR Capital LLC, ("RAzOR") for valuable consideration and all rights under said account were assigned to RAzOR, whereupon RAzOR sold the within account for valuable consideration to Plaintiff ACM and all rights under said account were assigned to ACM. A true and correct copy of the Bill Of Sale And Assignment Of Assets and Assignment And Bill Of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". 10. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 11. Pursuant to the terms of the Agreement, Defendants, are liable for interest on the unpaid balance. 12. As of February 25, 2008, the balance due and owing to Plaintiff from Defendants was $16,277.73. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendants, in the amount of $16,277.73 plus costs and interest from February 25, 2008 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 2 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendants are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendants, in the amount of $16,277.73 plus costs and interest from February 25, 2008 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendants, and the Defendants received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid services to Defendants and expected to be paid for such. 20. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendants were unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 3 22. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendants, and the Defendants are obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $16,277.73 plus costs and interest from February 25, 2008. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendants, in the amount of $16,277.73 plus costs and interest from February 25, 2008 and such other and further relief as the Court may deem just and appropriate. By: Alan R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 vv-olurlm; Ally Nersuu srgu,ug use w-arguer s Agreement-wow promises separately-and together with all C0-Signer(s) and Buyer(s), to pay all sums due and to perform all agreements in this Contract: Co-Sitner will not. bean Owner of the Vehicle. CO-OWN& Any Co-Owner signing below.eves us a security interest in the Vehicle and agrees separately and together with all Co-Owner(s} and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the 'Promise to Pay" section. PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment, assigning the trade-in; if shown above, 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 pay all other amounts which may become due under the terms of this Contract. You agree to pay the Seller or-Assignee costs of suit You also agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this Contract or to•proteci or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most recently specifies in the written notice to you. 10 To S For Amount Financed S 3-T_GS +S9 SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all includes any-money which is now or may in the future be deposited with Assignee by you. required obligations under this Contract, you give a security interest in the Vehicle, in all Assignee may do this without an prior notice to you. parts (called "accessions') attached to the Vehicle at any later time, and in any proceeds of ADDITIONAL TERMS AND -CONDITIONS:..THIS CONTRACT CONTINUES ON THE REVERSE the Vehicle, including insurance proceeds. The Assignee may set-off-any amounts due and SIDE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE unpaid under this Contract against any of your money on deposit with Assignee, This FRONT AND REVERSE SIDES. 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. By signing below, we agree to sell the vehicle to you under the terms of this Contract. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CANT CT YOU SIGN. KEEP IT TO PROTEC OU LEG R G TS. SELLER BUYER {h'L(SEAL) - 't% 6, Date BY: BUYER ' 59 - Dale (SEAL) ' Date Cilk-liGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. 0-SIGNER'S AGREEMENT: You, the person (or persons) signing below as 'Co-Signer," promise to pay to us all sums due.on this Contract and to perform all agreements in this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with tbe,Buyer. You are making this-promise to induce-us to make this Contract with the Buyer, even though we will use the proceeds ontyfor the Buyer's benefit You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Co- Signers Signature Address Date. (SEAL) Co-Signer's Signature Address Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as 'Co-Owner,' together with the Buyer or otherwise being all of-the Owners of the Vehicle, give us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the 'Promise To Pay' section..You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due on this Contract You will not be responsible for airy deficiency which might be due after repossession and safe of the Vehicle. ,_ (S EAII Co-Owner's Signature Address Date BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT A H IME OF SIG ING Buy ER BUY O-SIGNER CO-SIGNER OR CO-OWNER ASSIGNMENT. he Seller assigns this Contract to the Assignee, in accordance with the terms stated on the reverse side. The assignment is ( ) without recourse; ( I with full recourse', ( I with repurchase. If no box is checked it is without recourse. Seller PA 1032{59?031l4 BY X (SEALI Title NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. ORIGINAL Date .. ,. ..-.- ,.-....... .,.rv- ..,. •,r ,-.,'•. ?icA+=.r,.?,1' Win.-m:rsfu,fL-r;7 ?-?•::^!.::.Y'1rt'?.'-qp.`+?•?+-7?r .i.+",r"e..mwc??ts. 1. HOW THE TOIAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the Amount Financed and the Finance Charge. The Finance Charge consists solely of interest computed daily on the outstanding balance of the Amount Financed. The Finance Charge shown on the front side has been computed on the assumption that we wiR receive all payments on their scheduled due dates. 2. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding balance subject to interest on each day of the loan term, including airy Deriod for which a late charge is also imposed. The daily interest irk is equal to the Annual Percentage Rate divided by the number of days hi that calen32r yexr- Buyer agrees that because interest is zlculawr! rr, a daily basis, !ate payments w N restrit in additional 4*l rest (and, if applicable, r• ial P. Early rvl meat: will resul: i:: : tcreai beiK chFrgRd '-.crlj ands or tote pzyinents veil! cause t4amount of the final payni ::t in Change. 3 01.7, E 1141ARGE- 6!ryer agrees to }:a;' a :;Ir for any imymn itt net mad, within 10 tiayf ?.her If5'vl!E 6a1e. Thr late chargr, iYl'• i•r' r•Lr month o:i the unpaid 1rnGUnt DI the ,1F' Enf. Vie wit; consider any part of a iw)r.,, ' in excess of 10 days to be a lull m .nth-1 he clarv ,11 d;c yr%er, eanicd. No •a- rF;ryi: will be due it the reason that the ,.a•,•Inent 'S fate is because. 212Cr detau!l, lheren:lre a;;tstanding balance on this Contract is dupe. No 13;e cha! ge nil be clue it the only rcasn : brat the payment is ra't; is t}ecattise of a let., charge assessed on an earlier paymeni. G; °1.ICA`'10N OF PAY -1EN1S; ;','e will ,;ppl ;,ayrne:rts In the falt:,cring Grier of priority: r ntr:res!, late charges, fees and then principal. PREPAYMENT: You may prepay, in full or it! part, the amount owed on this Contract at any time without penalty, if you prepay the Contract in part, you agree to continue to make regularly scheduled payments until you pay all amounts due under [his Contract. This will reduce the number of payments you will make. If you prepay in full, we will refund to you any unearned credit insurance premium you paid. 6. WAIVERS: (a) WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any property as security for the repayment of thii Contract; except for the Vehicle and the other security specifically mentioned in This Contract. (b) WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on or before they are dire without our having to ask. If you don't we may enforce our rights without notifying you in advance. You give up any right you may have to require that we enforce our rights against some other person or property before we enforce our rights against you., You agree that we may give up our rights against some other person but not against you. You waive due diligence in collection and all defenses based on suretyship and impairment of collateral or security. 7. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the late provided in this Contract shall continue to accrue on the unpaid;balance until-.paid.in-full,.•even-,after maturity. and/or after.we.get a judgment.agalk'you for•'tiie`amftrnts due.-This-All apply evert if the-maturity occurs.because, of acceleration. If at any time interest as provided for in this paragraph is not permitted by law, interest shall accrue af•the highest rate allowed by applicable taw beginning at that time. 8. YOUR PROMISES ABOUT OUR, SECURITY INTEREST: You will not permit anyone other. than us to obtaima security•interest or other rights in the Vehicle. You will pay all filing fees necessaryfor us to obtain and maintain our security interest in the Vehicle. You will assist us in having our securityinterest noted on the Certificate of Title to the Vehicle. You will not sell or give away (he Vehicle. If someone puts a lien on the-Vehicle, you will pay the obligation and clear the lien 9. YOUR PROMISES ABOUT THE VEHICLE:'You•will'keep the Vehicle in good condition and repair. You will pay all-taxes and charges on the Vehicle. You will pay all casts of maintaining the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which will reduce its value, other than for normal wear and use. You will not use the'Vehicle for illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on the front of this Contract to.a new permanent place of garaging without noUfymg Ain advance. 10. 00 P.111towSh AEOUT'.INStIRANCE:. Ydui:wilf`keep`thi'Vehicle••ir Ndrid gafe3t:fiie;- theft and collision until all sums due us are.pafd'in: full. The. ibsuranbe-.coverage must be` salisfactoiy to us and protect your interests and our interests atlht time of any insured toss. The insurance must name us as 'loss-payee' on the policy. The insurance must be. written by an insurance company qualified to do business in Pennsylvania •and,licensed to sell insurance in the state where the Vehicle is permanently garaged. The insurance policy must provide us with at least 10 days' prior-written notice of any cancellation or reduction in coverage. On request, you shall deliver the policyar other evidence of Insurance coverage to us. In the event of any loss or damage to-the Vehicle, you will immediately notify us in writing and, file.a.proof-of loss with the.insurer.We may five proof of-loss on your.behalf if you fail or refuse to do so. We may endorse your name to any check, draft-or other instrument we receive in.payment of an insured loss or return insurance premiums. We may apply any insurance proceeds we receive to repair or replace-the Vehicle if, in our opinion, it is economically feasible and you are.not•then in default :under this Contract Otherwise; we will apply4he insuranceip'roceEds to r'educilhe'unpaid-bafance'due us. 1J. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST,' VEHICLE CR T•NIURANCE:.It you-fail to payfiling fees, taxes, or amounts necessary1o keep the Vehicle in good'condition4nd repair; we may, if we.cheose, advance the.sum5-ne&Wty to protect our interest. It you fail to keep in force the required,insurance and/or fail to provide evidence of such insurance to us, we may notify you that you should purchase the required insurance at your expense. It.you fail to purchase the insurance within the time stated in the notice and/or fail.to provide evidence-of -such.Insuraace.to us,4e..may- purchase coverage tinder a Lender's Collateral Protection •Policy.to.Pfotwt-Duf,.idterest•in the- balance due under this Contract, to the extent permitted -bar applicable fivr; and•charge rrou the cost of the premiums-and any other amounts wp incur in-purchising the insurince.-THE INSURANCE WE.PURCHASE=MAY BE SIGNIFICAN•TL•Y..MORE EXPENSIVE AND-PROVIDE YOU LESS COVERAGE THAN.INSURANCE YOU-COULD PURCHASE YOURSELF, if permitted -b-y applicable law, any sums.-we advance on your-behalf may be-added to the balance on which :_...-. •. __.. ._ _....: •_J :_ at.:. n..,._., r...l. .......... .... .J.,...... ..»R F,...:....I.1,. ADDITIONAL TERMS AND CONDITIONS accordingly; (c), at the end of the Contract term; or (d) as provided for in a separate note or other credit instrument. If we advance any amounts on your behalf, if will not cure your default. The rights stated i this paragraph are in addition to our rights stated in other paragraphs for your failure I keep your promises to us. We may receive reasonable compensation for the services which we provide in obtainin any required insurance on your behalf. In certain slates, the required insurance may b obtained through a licensed insurance agency r.ffiliaied with us. This agency will receive fee far providing the required insurance. In addition, an affiliate may be responsible fc sume ur all of the underlyir!g imuraoce r-sks and may receive compensation for assumin such:risks. 12. DEFAULT: In Phis paragraph, "Yor•' means tf.e Buyer, Co-Signer and Co-Oviner, or an one of them. You will be rri "Ocfauii" of Mis'Cenlract if any one or more of the followin things happen: (a) 7ou de n0i rnshe any payment air or before A is due; or (b) you rin nol k:e4 :,n;' p!onti :1. ynr; made in his Contract; or (c) you db no! :.oy pmmisn you made in another Contract, Note, Loan or Agreemer eaith $e lei ni As:,;gre?: or (d) you -ioade any untrue sib!einenl io the credit application far this Contract; or (e) 1, rW committed any im-gwy in connection with this Contract; or (f) you die, are convicted of a -nine involving fraud or dishonesty, or are lound by a cow with jurisdiction to do so to be incapacitated; or (g) you file bankruptcy or insolvency proceedings, or anyone•file$ bankruptcy o insolvency proceedings against you; or (h) you take the Vehicle outside the United States or Canada without our written consent; of (i) you use Abe Vehicle or allow someone else to use it in a way that causes it not to b covered by your insurance; or 0) you ido 'something that causes the Vehicle to be subject to Confiscation by governmer authorities; or (k) the Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and nc fixed or found within a reasonable time;•or 41) another creditor tries to take the Vehicle or your money on deposit with Assignee b legal process. 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of thi Contract, we may enforce our rights according to law. We may also do the things spednicall mentioned in-this Contract. We may-do-one of these-things and.-at thesaint e:tirriblvtlater di another. Some -of-the -things we may clo:are the following (a):ACGEt E RATJO,N :We gairdeina•nd:thstY. pi to ifs tfie;eiitire-unpafd.bafaiice.ourint on the Contract--and'all:rinpaid Finance Charges and:dther:;moneydue. You agree that yoc will pay this money to as in one single.payment immediately upon receiving our demand., (b) REPOSSESSION: Wi can repossess the Vehicle, unless prohibited by law. We cad d( this ourselves, have a qualified person do it for us, or have a government official (b, replevin) do it for us. You'agree that we can peaceably come on to your, property to do thi; We may take any other things found in the Vehicle, but will. return these things to,you if yol ask, If -you want these things-back,•.y.ou may reclaim them•witfGn thirty. (30) days of ou mailing.Xou.a Notice of. Repossession. If you do not,.reclaimlhe.things.fouhd..i6,the:Vehich within•tl*t Vme,,we may dispose.of'Jhese things in.the,•Iamermannar6s_Y6"i'I?lotoa Vehicle You igree,that we m!y utryodrlicense plati s. in.iepossessing'•thi;)V Iiicl ghd.Nd'kiifg=ii:'to a plade'fot storage: .:• .• .:• . _._• .. - :::,:. ?.,: tit; i-:t^. r-. (c)' VOLUNTARY- D£LIVERI': We Bait'ask 'ydli to givi=tls th'e "Vetricli4f,,i'Wi6hitly convenient.place. You agree to give us the Vehicle it we ask. (d) DELAY IN ENFORCEMENT: We can delayIn doing•any't ftlheie'thfts' withoutloatnf any rights, 14. SOME THINGS'YOU SHOULD KflOW IF WE REPOSSESS THE VEHICLE: If we reposses without psingg a;go'vernmental,off (by.re evrn . ,, ?._ _ . i?):IdOTICE;xlhfe?wilttp,id?. ou a' fdri2to'J arrJaatltdls€iire=k7liK YN about TWd Notiee•wilf'teN ydu howtb;buyti1icU (redeem)1heVphietb:You"wiitNOT'havethe right to reidState the Contract This means you will have to pay1he total, balance on this Contract and other amounts due. You may not get the Vehicle back by paying delinquen installments. This Notice will tell you other information required bylaw. • (b) REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days o the mailing of the Notice and at any'latir time before we sell the Vehicle. If you redeem this Vellicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is reasonably possible, but in not more than ten (10) business days of our receipt of the fund: required: If-you do not redeem, you give upr all°claimlorthe Vehicle. (c) SALE: -11 you don't redeem, we will sell the Vehicle, The money received at sale wr7f Ix used to pay costs and expenses you owe, and then to pay the amount you owe on the Contract (d) SURPLUS OR DEFICIENCY: Wtfiere,is.money,.left„we.,wilf;payiit.to.th? Bull!!?:3 -there Is not enough money from. the.sale:to,pay`w? ai yrlu:uvpa;'Sdye?_and'CaSignei agree to';pat, what is still owed to us (e) EXPENSES: •You-sgree.to:pay the-costs of repossessing, storing,:repairing. preparing for ssle'and selling the-Veh[cle as may be allowed by taw: THese costs will only be due fF. •(1) default exceeds 15 days at the time of repossession; (2) the amount of the costs are.actual, necessary and reasonable; and (3) we can prove the costs were paid. • 15: HEIRS -AND; PERr50NAl•REPRESENTATIVES BOUND.;--After your death, this Contrac shtilibi:entoYccciiVi'4iaigl:Yourfi 64dVdrMhWr'fe0*fn't?tic%eiiof?buri'st4.A ":,?1 1.6.:GOVEFeWlNGAAW:;':Lhii.Cofitract i"s.to be interpretediiccording:to"the•:law-a Pennsylvania. 17.4EVERABILITY OF.PROVISIONS:.If for-anyreason any part of this Contract shall become illegal;?roid or-64enfoiceable lhit,pats•shall.ndt•be a.part,of this ContracL I Z." isNM(of 0-'BOf0.taitiidfassi¢nrtlriis Trade Commissiop Used Car Trade Regulation Rule, the following. notice applies: The information you see on the window form for this Vehicle is'part.of'this Contract. Information on the window form overrides an contrary provisions in the-contract of sale. NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COUL ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAlfiED PURSUANT HERETO 0'R WITH THE PROCEEDS HEREOF. RECOVER HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. - - NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) of this Contract hereby take(s) notice that Group Credit Lde Insurance coverage or Group Credit Life.and Disability Insurance coverage will be applicable to this Contract i so marked-on the front of this Contract, and-each such type of-coverage will be-written by the insurance company named. This insurance, subject to acceptance by the.insurer, cover only the person or persons signing the request for -such insurance. The amount of charge is indicated foveach type of Credit Insurance to be purchased. The term of insurance wi commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance by-the insurer and within 3, days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the•indebtedness, a refund of insuranc charges will be made when due. N071CE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE-INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. ASSIGNMENT To induce you, the "Assignee" identified on the face of this Contractor as follows, (Nan to purchase the within Contract, the Seller hereby warrants and-represents, and continues to warrant and represent that: the sale has been made in strict conformity with all applicat federal, state and local laws and regulations, including; but.not limited to,.A'rticle 2 of the Pennsylvania Uniform Coinmercial Code] 13 -Pa.C.S.A. §§2101 et seq); our title to the Contracts the Vehicle covered thereby is absolute, free of alt lidr>tt, encumbrances end security interests, and is subject only to the rights of the Buyer as set'forth therein; the Contract is genuine, I signatures thereon are not forgeries, arose frarmthiljsale of the Nehicle.therein-described; and all,parliesitheCeto are of full age and had capacity to contract; the description of the Vehi( and extra equipment is complete and correct; the cash dowhj iyment and/or trade-in allowance were actually received and no part thereof consisted of qotes, post=dated checks, Ott. credit advanced by us to Buyer or rebatevor. similar-payments rem us to'the.Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all warranties a statements therein are true; there is owing thereon-the Amount-financed-plus interest at the Annual-Percentage Rate of the-Contract set forth therein; we are duty licensed under t Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to tbe-transaction and with the federal Truth- in-Lending Act and with a other federal or state law, rule or regulation applicable to.this Contract; a motor vehicle title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied promptly; the registration of the Vehicle has not been suspended and the Seller knows of no facts which may result-in the suspension of said registration under the Pennsylvania Ma Vehicle Financial Responsibility Act; the Buyer(s) named in the within Contract is (are) personally known to the.Seller to be the•same.identical person(s) whose signature(s) is (are) affix to this Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract. It any such warranties or representations sbould'be breached at any time, Seller sh repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below, and said remedy shall be cumulative and r exclusive, and stall not affect any other right or remedy that Assignee might have at law or In equity against Seller. In the event that Buyer lails or refuses to make any payment d hereunder on the assertion, either oral or written, that the Vehidle is defective, not as represented to.the Buyer by Seller, or that Seller refuses to honor any warranty or-service agreemr of Seller or manufacturer, Seller agrees that, on being advised by Assignee of such claim of Buyer, Seller will repurchase the Contract from 'Assignee and pay Assignee for sai immediately in accordance with the repurchase terms set forth below, and Seller further agrees to hold Assignee harmless from any other claims of Buyer, including attorneys' fees, co and expenses incurred in defending against claims asserted by Buyer and including claims for refund of payments made by Buyer to Assignee. If the Seller contracts to purchase prope insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior to-its scheduled expiration date, Seller will attempt to place comparable coverage w another insurance company on behalf of the Buyer. If Seller is unable to do so, Seller will notify Buyer and pay to Buyer any additional costs incurred by the-Buyer in obtaini replacement insurance for the unexpired period-ol the original insurance policy. By delivering this Contract to the Assignee and. accepting payment for it, Seller authorizes the Assignee complete or correct the identification of the Assignee-in this Assignment to reflect the true Assignee who purchased this Contract, and/or to sign Seller's name to this Assignment, with( recourse, if the Assignment has been delivered without Seller's signature. In the event that Seger is required-by this Assignment to repurchase the Contract. and/or Vehicle. Seller shall pay to Assignee, in cash, th'e full unpaid balance of the Contract as of I date of repurchase, plus any then earned Finance Charge and any and all costs and ixpenses.paid or incurred b Assignee in respect thereto, including reasonable attorneys' tees, connection with claims by or against any Buyer, Owner or persons in possession of the Vehicle and/or by or against Seller, For value received, Seller, by signing the Assignment on the front side, hereby sells, assigns andAransfers unto the Assignee, its successors and assigns, the within Contract, all moor due and to become due thereunder, and all right, title and Interest in and to the Vehicle therein described, with full power in the Assignee in its or our name to take such legal or otl action which we might have taken save for this Assignment. IF WITHOUT RECOURSE IS APPLICABLE-Sellers assignment shall, except for the provisions of the Assignment, above, be without recourse. IF WITH FULL RECOURSE is APPLICABLE-Seller agrees that, in addition to the paragraph above titled "Assignment," in the.event of default-by Buyer in the full payment on the due d: thereof of any installment payable under the Contract or in the prompt performance of any other, obligation to be performed under. the Cdntract by.Buyer, Seller will, on demand Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash ;_camputitl inset fdrth-above. - IF WITH REPURCHASE IS APPLICABLE-Seller agrees that, in addition.to the provisions of the paragraph above titled "Assignment," in the event of any default by-Buyer which shall ent Assignee to repossess the Vehicle, Seller will, if the Vehicle is repossessed by.Assignee and delivered to Seller, and without regard to the then condition of the Vehicle, forthwith repurch; the Contract and the Vehicle from Assignee for a repurchase price, in cash, computed as set forth above. PA 503259-0301 .•.. .. ... ._ .. .. ., -'. a-rr...<•_:..a::.. .. . EXHIBIT B BILL OF SAU AND ASSIGNMENT OF ASSETS The undersigned Assignor ("Assigner") hereby absolutely sells, trausfexa, assigns, sets_ over, quitclaims and conveys to RAzOR Capital, LLC, a LLC organized undcr the laws of the State of MN ("Assignee") without recoursc and without representations or warranties of any type, kind, character or nature, express or implied, except as specifically provided in Section 8.1 of the Asset We Agreement ("Agreement") between Assignor and Assignee and to which this Exhibit B is attached, all of Assignee. right, title and interest in and to each of the assets identified in the Asset Schedule (as defined in the Agreement) excluding the Retained Claims (as defined in the Agreement), together with the right to collect all principal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof (including, butnot limited to, proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without 11mitation,.insurence proceeds and condemnation awards), from and after the date of this Bill of Sale and Assignment of Assets. DATED: •J 1 Z6 '1 u ASSIGNOR PNC HANK, NATIONAL ASSOCIATION Z rn #(Prlni?, ?oN.r J. ?RAuc.i -? Title; Jf!W,-j d r ' o 4Anot k? QM EXHIBIT C ASSIGNMENT AND BILL OF SALE LOT "RzACMPAPNC2-11" RAzOR Capital, LLC. (hereinafter called "Seller") has entered into a Receivable Purchase Agreement dated February 18, 2011 ("Agreement") for the sale of Accounts on Exhibit "A", hereof to Alliance Capital Management, (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 2 and Exhibit B of this Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on February 18, 2011. 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Verifier understand' that hlss 9314Ments hett:in are made subject to the potultiea of 18 Pa.C.S.A. ¢4904, relating th unwmm falsifications to authorities. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor P- "f;_? v` f iv C U M B : "GNU I?0Utrt-ry Alliance Capital Management Case Number vs. Carlos Thomas 2011-7176 SHERIFF'S RETURN OF SERVICE 09/26/2011 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: Carlos Thomas, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Carlos Thomas. Request for service at 2200A Cedar Run Drive, Camp Hill, Pennsylvania 17011 the Defendant was not found. Defendant's Mother and current resident advised Deputies, Carlos Thomas moved out. However, The Camp Hill Postmaster is still delivering his mail to this address. SHERIFF COST: $48.00 SO ANSWERS, September 26, 2011 RON R ANDERSON, SHERIFF !C) GOU, ItySIA0 Shet!-f, i ;::eG=Otl. I: -I;: vs AE19k icy; ± Curios-tQ►io s Case No. 1/ — 7116 C:L,t t -row( C) r11 STATEMENT OF INTENTION TO PROCEED= -,o :-.7 r rn r ._: z -,, mc To the Court: 'rE ca plU1L.i t,.c(; A. 11,1/4 C ui'i IniimkNe yintends to proceed with the above captio�natt -7'! N.) Print Name Date: R..f tele 1-4 Sign Name Attorney for IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.