HomeMy WebLinkAbout02-0593MICHELLE C. KAHAN, ESQUIRE
Attorney I.D. No. 47118
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
VS.
NO. O~.-
CIVIL ACTION- AT LAW
COMPULSORY ARBITRATION
RANDY E. FINKEY,
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) 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 I4_~VE A LAWYER OR CANNOT AFFORD ONE, GO 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
Telephone:
(717) 249-3166
(soo) 990-9108
ADVISO
Le hah demandado a usted en la cone. Si usted quiere defenderse de estes demandas
expuestas en las paginas siguientes, usted fiene veinte (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado y
entregar a la cone en fo,ma escrita sus defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede continuar
la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a
favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda.
Usted puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR DEL
SERVISO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone:
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
VS.
RANDY E. FINKEY,
Defendant
NO. oa .Cq
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
COMPLAINT FOR RECOVERY OF DEFICIENCY AFTER RESALE OF VEHICLE
AND NOW, TO WIT, this 1st day of February, 2002, comes the Plaintiff, Provident Bank
of Maryland, by and through their Attorney, Michelle C. Kahan, Esquire, and files the
following Complaint:
1. The Plaintiff, PROVIDENT BANK OF MARYLAND (hereinafter referred to
as "Plaintiff'), is a financial institution qualified to conduct business within the Commonwealth
of Pennsylvania, with its principal place of business at 114 East Lexington Street, Baltimore,
Maryland 21202.
2. The Defendant, RANDY E. FINKEY (hereinafter referred to as "Defendant"),
is an adult individual residing at 242 Goodhart Road, Shippensburg, Cumberland County,
Pennsylvania 17257.
3. That on the 20th day of March, 1996 at Cumberland County, Pennsylvania, the
Plaintiff by an Installment Sales Agreement in writing, a copy of which is hereto annexed,
marked Exhibit "A", and made a part hereof, financed the Defendant' s purchase of a used
1990 Dodge Caravan SW from Cumberland Valley Motors, located at 6714/20 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania 17055, in the amount of Eight Thousand
Eight Hundred Sixty-One and 95/100 Dollars ($8,861.95). The Defendant agreed to pay the
Plaintift' forty-eight (48) monthly payments of Two Hundred Fifty-Six and 31/100 Dollars
($256.31) each, commencing May 4, 1996, for the vehicle.
4. The Plaintiff delivered the vehicle to the Defendant on the said 20th day of
March, 1996 and demanded monthly payments thereof, yet the Defendant became in default
when Defendant failed to pay the installment sums of $256.31 due on December 4, 1997.
5. Thereafter, and on the 16th day of January, 1998, the Plaintiffproceeded to
repossess the vehicle.
6. Thereafter, and on the 21st day of February 1998, at Car and Truck Auction of
Maryland, Inc., 803 Belair Road, Bel Air, Maryland 21014, the Plaintiff sold for and on
account of the Defendant, the said 1990 Dodge Caravan SW vehicle at public auction to the
highest bidder.
7. The said 1990 Dodge Caravan SW vehicle brought the sum of Three Thousand
One Hundred and 00/100 Dollars ($3,100.00) at the said sale. A copy of the Auction Bill of
Sale is hereto annexed, marked Exhibit "B", and made a part hereof.
8. The expenses attending upon such sale, including sums paid for repossessing
the vehicle, the auction fees, the transportation fees and the storage fees, copies of which are
hereto annexed, marked Exhibit "C", and made a pan hereof, amounted to the sum of Six
Hundred Twenty and 00/100 Dollars ($620.00), leaving a balance of Two Thousand Four
Hundred Eighty and 00/100 Dollars ($2,480.00) to be credited upon the said purchase price.
9. Therefore, by reason of the facts aforesaid, the Plaintiff has been damaged in
the sum of Four Thousand One Hundred Sixty-Two and 03/100 dollars ($4,162.03) plus
interest from June 16, 1998 at a daily interest rate of 67/100 dollars ($.67). These damages
being the difference between the purchase price of the vehicle financed by the Plaintiff, less the
amount realized on the resale of the vehicle, and adding expenses of sale and payments made
by Defendant.
10. The Defendant agreed, as per the terms of the Installment Sales Agreement,
that in the event the Agreement was placed for collection with an attorney, the Defendant will
pay attorney' s fees of 15 percent of the amount owed by the Defendant plus court costs and
disbursements. See the copy of the ternis of the Installment Sales Agreement is hereto
annexed, marked Exhibit "A", and made a part hereof.
11. The Plaintiff has incurred attorney' s fees and costs in pursuit of this action.
12. This Complaint is an attempt to collect a debt.
WHEREFORE, there is due and owing by the Defendant, RANDY E. FINKEY, to
the Plaintiff, PROVIDENT BANK OF MARYLAND, the sum of Four Thousand One
Hundred Sixty-Two and 03/100 dollars ($4,162.03) plus costs of this suit, interest from June
16, 1998 at a daily interest rate of 67/100 dollars ($.67) and reasonable attorneys' fees in the
amount of FiReen percent (15%).
Respectfully submitted,
l~fich~l~g{~. Kahan, ~uire
Attorney for the Plaintiff
2536 Eastern Boulevard, No. 152
York, Pennsylvania 17402
Telephone: (717) 846-2954
I.D. # 47118
VERIFICATION
I, Michelle C. Kahan, Esquire, do hereby certify and say that I am the attorney of
record in this matter for Provident Bank of Maryland, and that I am authorized to make this
Verification on its behalf, and that I do verify that the statements made in the foregoing
Complaint are tree and correct to the best of my knowledge, information and belief, upon
information supplied, as the Verification of the party cannot be obtained with the necessary
haste for filing of the pleading.
I understand that false statements made herein are subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unswom falsification to authorities.
Date:
eldim~nl 7210 AMBASSADOR ROAD POBOX1661 BALTIMORE, MD21203-1661
~""~'~ INSTALLMENT SALE AGREEMENT Dealer Number Contract Number
Bwer (and C°'~uYer) Full Name end Address / Seller (Dealer's Full Name and Address)
BOMN ~cl~_d.e C~p Code) RANDY E.FINKEY CUMBERLAND VALLEY MOTORS
I682 PINE ROAD 1682 PINE ROAD 6714/20 CARLISLE PIkE
CARLISLE PA 17013 CARLISLE PA 17013 MECHANICSBURG, PA 17056
In th s Agreement the words "1", "me" and 'mine' refer to the Buyer and Co-Buyer. The words "you" and 'your" refer to the Seller, and after
assignment of this Agreement, to Provident Bank of Mary and. 'Property' refers to the goods so d under this Agreement.
I may buy the Property described below for cash or on credit. The cash price is shown below in the 'Itemization of ..A~o. un.t R..nan._ced" ~
"Cash Pnca." The credit price is shown below as "Total Bale Price." By signing below, I elect to buy the Property on crann unaer me [arms o;
this Agreement.
I have paid you the Total Downpeymact shown below. I will ;dso pay you the Unpaid Balance of Cash Price plus my Other Cheryl .~. I .will also pay a
Fi~ ~ge at ~ ~mnual .Pementaoe Rate shown below. ~he fin.~, charge will am daily, beginning on the date o[ m,s ~og~befotw.On
the Unpaid Balance of Cash Pnca and Other Charges that remmn unpmd. I will pay you these amounts in monthly payments as set ore .
Property Description. I'agree to buy and you agree to sell the following property:
Now or
Used Year Make end Modal Style Ident~cetion No. Pmimar'/Use for Which Purchased
DODGE SN 1846KS4RSLX236656 jl~cermonai/family/household O buainesa
USEC 90 CARAVAN ~ agricultural
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL PERCENTAGE RA'rE FINANCE CHARGE Amount Ftsen~d Total of Payments Total Sale Price
2413.96
16.75 3440.9: 8861.96 12302.88 $ 14716.83
% s $ s s
My Pa)mm Schedule Witl
Number 4~ Paymests Amount of P~l~. I Wherkl~ay~it~l ,.~ 't ,' ~o]~e Due
purchased.
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price-Consisting of (A) Cash Price of Goods Bold
$
(B) Separate Charges, if ~ny, for DaiZve~/, Installation. Elifpeir (Zr~)ther Services $
Total Downpayment = Net Trade-in $ 1..q~_~ ~O~O~s Cash Downpayr~Yi¥.A,~
My Trade-th is a
Unpaid Balance of C~sh Price (1 minus 2)
Other Charges Inaiuding ~nlounts Paid to Others on My 8ehaif
(a) Cost of Required Insurance Paid to tho insurance Company Named Below $
Cost of Optional Mechanica~ Relpairr Protection or
Extended Wen-a~ly Paid to the Company Named Below $
(c) Cost of Optional Credit Insurance for the Term of the Agreement Paid to the Insurance
Compeny or Compenias Named Baiow. )Jfe$
Disat)ilit,/~ Accident and Health $ $
(d) Official Fees Paid to Government Agencies $
(e) Taxes Not Included in Cash Pflce $
(t) Government Ucense and/or Regiairst~en Fees (itemize) $
$
(g) Government Certificate of Title Fees $
(h)
Other Ch~l~eS (Seller must idenU('/who wi[I receive paymen~l~o~ANTY S
to for $
to for $
to for $
Total Other Cha~ges end Amounts Paid to Others on My Behalf $
5. Principal Amount Financed (3 plus 4)
Items 6, 7 end 8 are calcu- 6. Finence Charge
rated assuming I make ail 7. Total of Payments (5 plus 6)
payments on the dates a~d
th the amounts scheduled. 8. Payment Sched#~ One thstallment of $
and install~il~ifa~
19
in the payment schedule above.
N/A 9896.00
2413.96
s (2)
7481.06
$. (3)
N/A
N/A
N/A
20.00
~01.90
49.00
N/A
16~00
N/A
7qK~00
1380.90
$
~RR.~I
!99~ eech, month~.bogthning
. Installments am dua ~ tha date~ ~omm
Insurance, f any Insurance or extended warranty or mechanical repair protection is checked below, policies or certificates will be issued to me describing the terms
and policy limitations and exclusions.
Required Insurance. You require property insurance. I may obtain it from anyone I want who is 0p~eal Mecflanlcai Repair Prat~,~ or E~nded Wananty.
item 4('o) of ~e itemiza~n above shows the c~t of ~s k~s~rance~
~cceptable to you. Item 4(a) above shows the cost of this insurance, if purchased through you.
Insurance Company Term: months Company
Descrfption of Coverage: Term:
~ $25 Oeductfble -- $50 Deductible
*- $ Deductible
Optional Credit Insurance. YOU DO NOT REQUIRE THAT I BUY CREDIT LJFE INSURANCE AND CREDrI' DIRABILIT¥ INSURANCE IN ORDER TO OBTAIN CREDIT.
YOU WILL NOT PROVIDE THESE COVERAGES UNLES~ I SIGN FOR THEM AND AGREE TO PAY THE ADDITIONAL COST. If I want this insurance I will check the
insurance desired and sign below, if I have chosen this insurance, the cost is shown in 4(c) of the Itemization above.
Check the insurance deaJred: '- IJfe (Buyer ~_ Co-Buyer ~ Both r-)
~Disability, Acc[dent and Health (Buyer -- Co-Buyer~ Both;-)
(Name of Insurer) (Home Office Address)
Und~ the policy of the ~ns.urar named above, the maximum amc unt of insurance under this Agreement is $ . The totaJ amount of insurance
under this aid any other installment agreement of the Buyer under Seller's group policy, is limited to $
Buyer's Signature Data Co-Buyeris Signature Cate
NO LIABILITY INSURANCE INCLUDED. THIS COVERAGE IS NOT AVAILABLE THROUGH YOU.
IF YOU DO NOT MEET YOUR CONTRACT OBUGATIONS, YOU MAY LOSE THE PROPERTY YOU BOUGHT WiTH THIS AGREEMEhT.
This is a simple interest contract. The amount of Finance Chugs shown above may differ from the amount I actuaity pay. You credit each payment ifrst to credit
insurance premiums, If any, then to late charges, if any, then to earned Finance Charge, and then to the unpaid balance of the Amount Financed. You compute my
Finance Charge on the unpaid balance of the Amount Financed each day using the simple interest rate that applies to this Agreement. The earlier I make payments
before their due dates (and the la~ger the payments) the les~ Finance Charge I will pay. You will send me a refund check if I have pa~d you more than I OWe a.ffer I make
my last payment. On the other hand, the tatar I make payments after they are due (or the smail~ the peymanta) the gmster the Finance Charge. If the amount I ov~ on
the date my final payment is due is 125% or less of he scheduled amount of my Ifnai Peyment, I will pay my entire b~lance due. if the amount I owe on th ea~d aotuer ~laysfl mnaJv
payment is due is more than 125% of the scheduled amount of my itnai payment, I agree to make one or more addibonai men.fy peymmlta In the same y
scheduled payments until the amount I owe o~ a payment date is 125% or less of a scheduled payment. At that time f wffi pay the entire amount t owe. You wirl tell me
before my last payment is due of any additional amount I owe you if it is $1.00 or more.
I agree to the provisions set forth on bo~h sides of this Agreement. I acknowledge that this Agreement is contingent upon Provident Bank of Maryland's acceptance of
its terms, which terms are satlofactory to you and me.
NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK, YOU ARE ENTITLED TO AN EXACT COPY
OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
Bu,'er Signs Dete C~-B~yer S~ T J Dats
I ACKNOWLEDGE THATA COPY OF THIS CONTRACT WAS I~,JVE4~ED TO ME._m-'
Buyer Signs ~ Dat~ C~'~B~yer Sig~~'~ ~""-~ ~' Date
Co-Buyers and Other Owners-- a co-buyer Is a person resbonelbis for paying the entire debt. An 'other owner" is a person whose name is On the title to the Property
but who does not have to pay the debt, By signing below, the other owner grants you a security interest in the Property. This permits you to repossess the Property if
the Buyer (or Co-Buyer, if any) defaults as described on the back of this Agreement. An 'other owner" can lose his or her interest In the Properly if the Property is
repossessed.
Other owner's signature Date Address
hereof, is hereby assigned t° Pr°vident Bank °f Maryland in acc°rdance with ~4.~'isi°ns °f the D"tar's Assignment en the reverse side
Dealer's Signature Date
PA S0031A (Z/SS) WHITE: Original Bank Copy YELLOW: Dealer's Copy PINK: Buyer's Copy GOLDENROD: Bank File Copy
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS
SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF THE
GOODS OR SERWC, r~ft~:TAtfir-~R~t!,~.r~J!~8 ~O OR
WITH THE PROCEED~-.R !~ O.~ RE [C,.~. I~ I:{~~ E ~ E~NDER
BY THE DF~T, DR SHA.Lt~=~ '~=XCE~O~, S~ID BY
THE DEBTOr-HEREUNDER. ~' ~ ~. '~ .......
1. My Re~x)nolbgfty al to the Property. I will keep the Property free of all taxes,
liens end encumbrances. I will repay to you when you ask for ~t any money you
pay to re essa or discharge an.,. such taxes,.liens or encumbrances. Until I repay
you, such sum~ shatl be part of the obligation secured under this Agreement. i
wi not usa the Property illegally or improperly. I will not without your wrthen
perraission, uss the Proped~ for hire. I will not without yo~r written permission,
remove the Property from this state or the location designated above as my a~
dress, or b-anefer or sell any interest in the Prope~y. I will not do any act or oink
to do any act that would bermif[ the property to be seized in any civil or criminal
forfeiture ixoceadlng or by any toderai, state Or ~cai government body for
reason. I will not lose possession Of or hide the Property. I will not lease or
the Properly or any interest I may have in the Property or attempt to do so, without
your phor express written permission,
2. Insurance. I will keep the Property insured at my expense against the risk of
damage or destruction and such other risks es you may reduire. I will keep such
insurance for as long es I owe any amoun under th s~.e~e, nt. I~ce~l
such insurance aba~ be payable to you end me as ou~'ifl-~e~ts ~a~ A~tpear.'The~
policy insuring the Property must name me as the policyholder. Such insurance
must provide that it may not be cancelled without 15 days' notice to you. The
maximum deductible I may maintain concerning such insurance is $500. I will
payment or send notices. Your notice will aJen set fo~ the time and place of the
proposed ssie of the Property. I am liable for your actual, .nocesal~/end reason-
able costs in retaking, storing and repairing the Property when i have been in
default more than 15 days at the time of repossession. You must have evidence
of such costs ss required by law. The Pennsylvania Degaitment of Ranking may
disell~W~l~e' c.o~s ~llrtatn circumstenc~ ~ I :~ . , i~ ~ ~
A~t er,~ss~j~,q/ow at ~'!rathstata the Agralt~r~ p~ld :~t~rrl th~_~ ~l~per~ to
yq.e _oy~y~le~l~ [~' .~( ~.~J~.inat ailments du~ i~dpr t I~?~g r~e~nl, e~'i~, ~, ~ mit tad
cb~'{~*~. I~1~ ~k ~tHl(~oalession ex~ 115 ~}a~/a?/~lUnt al~ ~ay ex-
bealas of retaking, repairing and storage permitted by law.
You will atore the Property for 15 days in the county in which it was repossessed,
However, if repossession occurred out of state, you will store it for 15 days near
the pisce of repossession or in the county in Pe~alyivmfla in which it was sold.
Dudng this 15-day period I may redeem the Property and terminate the Agrse-
mont. To do so, I must pay you the amount of the unpaid time halenco, the amount
of any accrued default efiergea permitted by law, and any other amounts due
under the Agreef~en~ less any rebate of unearned Ifr~ance charges. I am not
required to pay costs of retaking repairing and storing the Property unisss my
default exceeded 15 days at the time of rapesseaNou, am entitled to have the
reasonable value of the Property determined in any action you bring fo recover a
deficiency. You will credit me ~ the reasoAat31e value so determined or ~e sale
price you receive when the Propee~'/is said after repossession, whichever is more.
5. My Additional Obligations. t will algn financing statements or other pocu-
mania you require to perfect your security interesL I will obtain and deliver to you
a ce~ficats of title under applicable state law. The certificate of tffie will show a
en or encumbrance in your favor, { will ~z.~/,~ea or taxes resulting from
obtain ng such =~ificats or any suppism~l~(~t'r~ic~fo ~}e tsrminat~'l~ docu-
rnont. If I make payments by rr~il, t ma~'~'l~bd to issue a receipt for such
payments only if I provide you with a sslf-addressad, stamped envelope. If I make
any payment by a check that is returned to you unpaid attar the second present-
ment for any reason, you may impose a returned check fee of $10, if such foe is
daliver all such insurance policies to you. I will obtain at your request from any parmittefi by law.
Insurance company insuring the property, any certificates, wffften ~ssurance ~r 6. Mtscaitaneou~. You and I agree that commercial reasonableness requires no
proof of thsorence you require. YOU may apply the proceeds from insurance, !n more than 15 days' notice of public or private disposition of the Property after
your sole discretion to replace the Prope~y or to pay sums I owe under th~s repossession. Your hghts and remedie~ are cumulative. Your recourse to a right
Agreement. I hereby ~ssign to you any monies, not In excess of ai amounts I owe
' nd of un or remedy does not mean you waive others, No wNver of any default shait COhen-
you, that may become payable under such insurance proceeds or refu .' tuto a waiver of en other or later def~ulL Acc tance of any Overdue payment
earned premiums. Upon cancellation or termination ?! any !neural, c~e; you will and/or en delln ~Yency charge shall not oo~u~e a waiver of, nor shall h cure
c~ndi~,ej~ .... ~a~tium refund you receive to my outstanalng r-nnclpa; es;anco, or . ....m~ ............... ."l=f~. fY n n~tq m=k~ ..... nn ..nh ._...._nt when <].Ua.nasa d y.ou ma¥__oroceed wflh ail of
pay ~to ~ it ~ty outstanding pdecppal ~arl~?)~as been pard. '~ ~' [ -I ~- ~our ri.hts and ren~t~ such accepts~f~e · l~ur acceptance of a check
3. Ca{~;~-~t~edefldCoflenSouCo~ts.Clegre~topayalatecharge(ais°Catisd ~rdraf~'porperflngby~tsrme, orbythetermsofenyendoralmentif¢ontema, to
a default charge) of 2% on the amount of the payment or payments in arrears for be tn fuji payrr~t of the ~rnount I owe will not prevent you from cditsc~ng (or
more than 10 days. You may ~oltsot a !ate charge only once on each payment In asserting the right to Collect), eddlitonai 8mouAts I owe, unless such check or
arrears You may collect such late charges as you earn them, or you may accu- draft is accompanied by a separate WrittsA agreement to that effect, and you sign
mulataandcollectthemwtththeflnal paymentunder thisAgreement. Ifyou place such separate agreement and accept such check or draft. If you remedy my
this Agreement for cchent~ctl witt~ab attorney who is not your saladad ,e~. p!~pe,
r will pay you attomey~ fo~ Of 'lS'percent of the amount I owe you, plus churt
costa artd disbursements.
4. Default. Time [s of the essence of this Agreement. I will be in default if I fail to
make any payment when due. I wirl be in default if I fa~l to pay any other amount
I am obligated to pay you under this AgreemenL ] witI be in defauh if I fail to
pedorm any of my obrigaitons under this Agreement. I wiff ba in default if I breach
any promise or condition contained or referred to in this Agreement. I will be in
defodit if I made any false statements in applying for the credit extended under
this Agreement.
If I default, you sbe0 have th~.~ri~.t~.~'~l~you r election, to declare the then outstand*
ing Principa~ B~lance, together .,~h-aCC~ed ftnence charge and any other amount
I o~a~ yo,~ t~n~r this Agree~ar~ to be immediately due and payable. Finance
charge sbalt continue to accrue until the entire Principal Balance bas been paid in
~11 or until · judgment is entsred. Any Judgm~ot'shail bear interest at the highest
rate-silo b law Further you may take immediate possss~j~., ~f,~e I~=roperly
wig*or ~'~YC~u~ procee~inga. You may, lawfully and ~th~ ~i;itae~ ~f Peace,
enter upon any premises with free right of entry where the Property may be, and
take po~al-~slo n of and remove the Property. Repeesalsio~ of the Proparty shall
no~ ~ffo~ ~ur right to retain all pdor payments. You may then sell the Proberty at
publtc or private sale. You may apply the proceeds of any resale of the Property
first, to the actual and reasonob]e c(~t Qf the repossession and sale, including
costs of atodeg and reconditioning fie Property, next to aftomay's tees, and ti-
natty to tbs outstanding PrincJpai Balance plus accrued ftnance charge and Other
charges ~owe. You are eotifled to contsL~apresenfing act~Jai, neceaear~ and rea-
sonable expenses you incur in rataklr~g, storing and rabairing the Property when
you repossess the property w~hout legal process. You will not be entitled to such
costs however unless you have met the state law rer~uirements entitling you to
s~ch costs. You will pay me a~y pa anco rems n ng or pay t es otherw se pro-
default in order to protect your interest, such remed}A shalt not cure the default.
You may proceed to enfOrce ail your rights available upon dafadit. NO transfer,
renewal, extension, or assignment of this Agreement, or any interest in it, and no
loss, damage or destruction of the Properly shall release me from my obligation
under this Agreement.
7. Rules of Inter~rstetion. ~is Agreement Is made in the State Of PennsyNania.
Pennsylvania law and federal law shall govern this Agreement. This Agreement
constitutes our entire agreement. You and we can change this Agreement only in
a wr~ng we sign. If applicable law prohibits any part of this Agreement, such
pa~ shall be ineffective to the extent ct such prohibition without invalidating any
other paK of this Agreement. All words in this Agreement shaft be conatmed to be
of such number or gender as the circumstances require. Headings Of the num-
bered paragraphs of thio Agreement are for convenience only. They shall not be
deemed part of this Agreement.
NO REPRE-~I~i]0N, PROMISE OR WARRANTY, EXPRESS OR IMPLIED,
HAS BEEi+'~I~E WITH REJECT TO THE MERCHANTASIUTY, SUITABILITY
OR FITNESS[iOnIA PARTICULAR PURPOSE OF THE GOODS OR OTHERWISE
UNLESS TH[= SAMS IS ENDORSED HEREON IN WRITING OR IS CONTAINED
ON A SEPARATE WRITI'EN INSTRUMENT SIGNED BY THE DEALER.
The following two sentences appiy only if the agreement is for the sale of a used
vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS
VEHICLE IS PART OF THIS CONTRACt. INFORMATION ON THE WINDOW
FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF
SALE.
GUARANTY
In consideration of the making and acceptance of this installment Sale Agree-
ment 'Agreement" by the Ruyer and Dealer, respectively, Guarantor (jointly and
severally, if more than one) unconditionally gua~mtals to the ho der of the Agree-
vided by taw. I am lisble for,.eny deficiency. You may take possession of any ment "Holder"} the payment of ail sums due or to become due under the Agree-
other property of mine, or Of ~r~y ~ler parson, icceted in or on the Property at the merit, and the foil par~ormence by Buyer of ail promisal and covenants in he
ltmeof repossession, if pe~m~ ~J~w, you may r~ta[n or di~pose,.ot any nther Agreement. Guarantoragrees despltaanythingintheAgrsementtothecontra~/)
property belouging fo me or.~<~,ar[~, gmer parson that m so acqu;red, n goods thst upon any defauh by Buyer, to pay upen request to Hdidor the entire unpaid Pfin-
are personal pro[?er[y no~ ce~r~ ~y the securdy ;nters. st gran!.ed ~n th~s A~?? cipet Balance, together with all lawful cha~gas. The discharge or raieale of Buy~'
ment are so acquired, r will ab~le y?u of the presence eT such omar goo~ls w~mtn by oparefion of tsw or otharwlse will not affect the liability of the Guarantor. This
five days of the data of re[?~,~n of the Property. When you rece~v~ such Guaranty shall be fully binding despite any lack of capacity or liability on Buyer's
notice, you will search the pro?~rt~. If you I<~.~te such other goods, y~u wdl hold part. The Holder's failure to Perfect its lien on the Property will not effect the
them for five business days~ '~uring such t~rne I may take pessaes~on of such ability gf .the Guarantor Any transfer or assignment of Holder's interest in this
other goods, if I Iai to n~/~o~a~lth the required pened and ~Jk~ ~e~:)~: _ ~jtrearn~t m I not affect the I abi lty of the Guarantor. ,
of the other goods after I not,y you, you may dispose of such other goods in a A =. ~ ~+~, =~ ~ ~'~e nf ~im. ~nr fha m;k nn nf =nv nr =il navmants
co....mme .r?aity reasonabl~.~nner~ If you ai ~ect to.SS s _g~o_...~_, f ...... ..y.~ by Buyer end torther guarentses ~e payment of ail sums due by reason of such
othar gdeds appear to you to be of nominal value, you may abandon them. extensions. Guarantor expr~ waives notice of acceptance of this Guaranty,
fize~ by this )~greament to take.
I shell have such fights~reneive such notices, and be liable for ~ o~it '~ I~
~ndiud~egraalooabic~r~,'t--, asth,ourtmeydat~ico. ,~,~,~ Gu:~?r ~
my right ('if any) fo reinstate this Agreement and redeem the Prepare. The state-
also give me notice of your Intef~ th rese~ the Property at the end of 15 days from
DEALER'S ASSIGNMENT untruth, and (3) out-of-pocket eAeenees paid or incurred by Assignee in con
nection with the cofiantion of any amount due under the Agreement, in ciudin~.
Seller sells and assigns to the Assignee named below all of its dght, title and attorney's fees and costs of I~gatiou, whether by or egaip~t Assignee, and
interest in this Installment Sale Agreement ('Agreement'*). expenses with respect to repossessing, storing, repairing and selling the Prop-
Seller represents, warrants and.covenants to Assignee that: (a)(I) [~o ~at.e- ere/. In addition, Seller shcil indemnify Assignee in the manner and to the
merits mede or furnished to Assignee by Buyer or any Co-Buyor (COllecevely extant specified in the preceding sentence if,Assignee suffers aldss o.r ex-
"Buyer"), Saile~ or any other person are untrue or incomplete; (il) Buyer has panes in any judicial or adminisfrai~ve pi'oceed~g beceuee of any claim or
not financed the down poymant of the Propaffy; (iii) Buyer is a bona fide epptl- dofanse asseded against Aastgnee eea rasuit of any scl or omission on Sailor's
cant havfog legal capacity to enter into the Agreement; (iv) Buyer's signature part. if this Agreement is rescinded by court m'dor, Seller shcil pay Assignee
on ail documents is genuine; and (v) the amount stated in the Agreement ~o the amount specified in this paragraph.
be due will in fact be due and payable at the time or ames provided there~n
Seller shall be liable even if a waiver, Conlpromise, settlement or variation of
free of any claims, defenses, setoffs or counterclaims; ('o) S?ler.has verifi~l the terms of the Agreement releases Suyer.
Buyer's ldsn fiflcetion; c) the down poyment for the Property ~s pa~d In full w~th
negotiable funds; (d) Sailer has so d the Property described in the Agreement ~'his assignment shall bind Seller's haim, representatives, successors and as-
and the proceeds of the Agreement ate to co used to pay for such Property signs and shall inure to the benefit oftbe succaseem and assigns of Aas/gnee.
and related items; (e) Seller had indefeasible title to the PropaAy immediately Seller waives notice of acceptance of this guarantee and assignment, notices
prior to the purchase by Buyer, and the right and acthotity to sail the Properly of non.payment and non-performance and ail other notices that may be waived
to Buyer, flee and clear of all liens and encumbrances; (0 Seller has the au- in connection with a transaction of this kind.
thedty to assign the Agreement to Asatgnee free and clear of ail liens end This assignment is without recourse egainst Seller except as provided in this
encumbrances (g) Sailer will secure and perfect for Assignee a sanuifty inter- Agreement or in another agreement, if any, between Seller and Assignee
est in the Property free and clear of all liens or enctJmbrances, and deliver to relating to the financing or purchase of retail installment conEacts.
Assignee evidence eedsfocfory to Askignee of such security interest within six
monthsofthedatooftheAgreernent; (h)thedescriptionofthePropartyistrue Assigned to Provident Bank of Maryland, unless another name appears
and complete in the Agreement and the Property will be or has been duly here
daiivernd to and accepted without revocation by Buyer;, (i} insurance or Other , and then to such other
coverage provided or arranged by Seller does not violate any applicable law named assignee.
or regulation and insurance documentation and rebates of unearned premi-
urns, if any, will be delivered to Buyer by Sailer within the time required by law; DEALER'S GUARANTY
(I~) the Prop~ is insu{ed by a company acceptable to Assignee against fire,
thettandcolllston, Asslg~ee[slo~p&yeeandwnt~:enevldencestsuchinsur Check '- initial ____ DealeruncondltJo~allyguaranteesthepaymentof
anco has been or will prampfly be provided to Assignee; (k) all optiouai credit alt monies due or to become due under the Agreement. Dealer agrees, upon
insurance sold by Seller to Buyer is for the full term of the Agreement and is default by Buyer, to pay Sank upon demand the unpaid portion of the Princi-
limited to coverase of Buyer, (i) Seller ha~ provided Buyer with a completed pat Balance and all amounts owing under the Agreement.
Agreement and any o~er document required by appticeble law, and the i~for-
marion filled in thereon by Seller is accurate and complete; (m) Seller rs ii- DEALER'S REPURCHASE AGREEMENT
caneed to the ex~nt required by law; (n) Seller has complied with all eppll- Check O Initial In the event Bank shall elect to repossess the Prop-
cable transacBon reporting requirements including, without limitsti~n, the m- arty, Dealer will, upon request, repurchase the Agreement fTom Bank for. an
quirement under Section 60501 of the Internal Revenue Code and its impie- amount equal to: (i) the unpaid Pdncipst Balance, plus (~i).? amounts owng
manting reguistion as they may be amended from fime t~ dme}.to re.,p_o_ ~t cash under the Agreernent on the date of the repurchase plus .(i~) a~ amount edual
rece~ptsofmorethan $10,000; (o) Se erhascomp edw~th Assignee sproce- toall teases and expenses incurred by Sank th conneellon wrth such repo~-
duras regarding the Fair Credit Reporting Act (FCRA) including, but not llm- session that ere not included within items (i) and (ii), Dealer shall bear cole
itod to, the following: (i) Sailer has only submitted to A~ignee c~edif informs- responsibility for resale of the Property, sending all notices to Buyer and to
lion on Buyer attar Buyer's Signatures were obtained on a credit appiicatio~ others required by law, and disbursement of any surplus received from such
accel~ ~tab~e to Ascignee ("Application"}; (ii) Se~ler has not submittod any cred t sais ts~[r~er as-j-~lu red by law.
)nfon-~l~n on any iedlvidue whose s gnature does not appear on the .i~opl~- -
cation (except to the extent permitted ~y law, information on a nonapplicent
spouse pursuant to applicable community property or similar laws); (itl) Seller DEALER'S EMITED REPURCHASE AGREEMENT
hasedvisedRuyerthathis/herApplicationhasbeensubmittodtoAsalg~eeat Check ~ Initial The above Dealer's Repurchase Agreement Is
Assignee's current address; and (iv) Seller has advised Buyer that c. redlt was hereby assumed and incorporated herein by reference, as it fully sst forth
~oprqved by Assignee (p Seller has complied with all requirements of the herci~,~r~i~thst Dealer's obligation shallterminate upon payment to Bank
FRCA ~1~ ECOA and ail other federal, state and ocal aws, tu es and reguis- by Buyer of the first regular monthly instsllments if made
lions that apply to the e~ensior~ of credit and consumer protection or that within 30 days of their respective due dates.
othe~se apply to the sale of the Property; (q) Seller will promptly forward to
the proper authorities all federal, sts~e and local fees and taxes due in connec- PARTIAL RECOURSE
itou with the sale of the Propo~y; r Seller does not che~je Buyer for filing Check --_ initial Dealer unconditionally guarantees that if Buyer is
fees or other costs paid by Seller to public officials to perfect Aasignee's secu- in default in the payment of any amount remaining to be paid under the Agree-
rity interest in the Property, except where allowed by law, nor does Seller
make any type of cha~ge, including documentary or processing charges, which merit, Dealer will pay, upon demand by Bank, any amount up to the sum of
Seller does not make in a cash transaction; and (s) ali charges that Seller = $ ............
required by law to disclose in the Agreement are accurately disclosed. WITHOUT RECOURSE
Each of these warranties representations and covenants is material to
Asaignee's acceptance of this Agreement. If any of them is breached.or, s Check :TL/' Initial ~ The Assignment of the Agreement shall be with-
erroneous, Seller uncondltiona ly promises to accept reassignment o tn s out recourse against Dealer, except as provided in Dee~r's Assignment and
Agreement, withoot recourse against Assignee, and to pa~' Asaignee~ upon as provided in the Dealer Agreement. However, Dealer unconditionally guar-
de~j~d. (1 ~ tb~-pnpatd bata~ce of the Agreement as detsrm~ned by Assignee, anteee ~e payment of any irregular or "pickup" payment, except the I1nci ashed-
(2),~it ipa.~e~ ahd expenses recurred by Assignee as a result of such breach or uleq payment, due or to became due under the Agreement.
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Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0 ! 09
(717) 761-4540
Attorneys for Randy E. Finkcy
PROVIDENT BANK OF MARYLAND,
Plaintiff
V.
RANDY E. FINKEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-00593 Civil Term
CIVIL ACTION - LAW
COMPULSORY ARBITRATION
NOTICE TO PLEAD
TO:
Provident Bank of Maryland
c/o Michelle C. Kahan, Esquire
2536 Eastern Boulevard, No. 152
Yod(, Pennsylvania 17402
AND NOW, this I'~'" day of April 2002, you are hereby notified to plead responsively within twenty
(20) days of the date of service hereof, or judgment may be entered against you.
JOHNSON, DUFFLE, STEWART & ~/,EIDNER
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Randy E. Finkey
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906
301 Market Street
P. O. Box 109
Lcmoync, Pennsylvania 17043-0109
(717) 761-4540
Attomeys for Randy E. Finkey
PROVIDENT BANK Of MARYLAND,
Plaintiff
V.
RANDY E. FINKEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-00593 Civil Term
CIVIL ACTION - LAW
COMPULSORY ARBITRATION
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
AND NEW MA TTER
AND NOW, this *~'" day of April 2002, comes the Defendant, RANDY E. FINKEY, by and through
his attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter to
Plaintiff's Complaint, and in support thereof avers as follows:
1. Denied. The allegations set forth in paragraph I are outside the scope of knowledge of
the Defendant and therefore, strict proof thereof is demanded at trial.
2. Admitted.
3. Admitted in part. Denied in part. It is admitted that on March 20, 1996, the Plaintiff, by
Installment Sales Agreement (a true and correct copy of which is attached to the Plaintiff's Complaint as
Exhibit "A"), financed the Defendant's purchase of a 1990 Dodge Caravan SW from Cumberland Valley
Motors in Mechanicsburg, Pennsylvania. The amount of the financing was Eight Thousand Eight Hundred
Sixty-one and 95/100 Dollars ($8,861.95). It is denied in that both Defendant and Bonnie L. Finkey, the
Defendant's ex-wife, promised to pay forty-eight (48) monthly payments of Two Hundred Fifty-six and 31/100
Dollars ($256.31) commencing May 4, 1996. It is further denied in that Defendant purchased the Dodge
Caravan with his ex-wife, Bonnie L. Finkey.
4. Admitted in part. Denied in part. It is admitted that Plaintiff delivered the vehicle on March
20, 1996. It is denied in that the Plaintiff delivered the vehicle to the Defendant and Bonnie L. Finkey. The
Defendant is unaware of the exact date on which the obligation fell into default or when the monthly
payments of $256.31 stopped. Only sometime later did the Defendant have knowledge of the default. By
way of further response, the Defendant's ex-wife, Bonnie L. Finkey, was in possession of the vehicle and
made the payments on the obligation pursuant to a Separation and Divorce Settlement Agreement.
5. Denied. The averments set forth ~n paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
6. Denied. The averments set forth ~n paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
7. Denied. The averments set forth ~n paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
8. Denied. The averments set forth ~n paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
9. Denied. The averments set forth in paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
10. Denied. The averments set forth ~n paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
11. Denied. The averments set forth ~n paragraph 5 are beyond the scope and knowledge
the Defendant, and therefore strict proof thereof is demanded at trial.
12. Denied. The averments set forth in paragraph 12 constitute a legal conclusion, and
therefore the same is denied.
WHEREFORE, the Defendant, Randy E. Finkey, respectfully requests this Honorable Court enter
judgment in his favor and against the Plaintiff, Provident Bank of Maryland.
NEW MA TTER
13, The averments set forth in paragraphs one (1) through twelve (12) are incorporated herein as
if set forth fully.
14. The action commenced by the Plaintiff was not done in a timely fashion, and is therefore
barred by the applicable statute of limitations.
15. Plaintiff's cause of action is barred by the doctrine of laches.
16. Plaintiff failed to adhere to the provisions and requirements of the Motor Vehicle Sales
Finance Act (MVSFA).
17. Defendant was not given notice required under the MVSFA.
18. Defendant desires to have the reasonable value obtained upon reslae and the
reasonableness of expense of retaking and storing determined under the MVSFA.
15. The obligation upon which the Plaintiff relies in bringing this action, the Installment Sales
Agreement (ISA) attached to Plaintiff's Complaint as Exhibit "A," as well as the possessory interest of the
1990 Dodge Caravan SW, was one that was assumed by Bonnie L. Finkey pursuant to a Divorce Settlement
Agreement and eventual divorce in 2001. Therefore, the obligation under the ISA was Bonnie L. Finkey's,
and not the responsibility of the Defendant.
WHEREFORE, the Defendant, Randy E. Finkey, respectfully requests this Honorable Court to
dismiss all counts set forth against Defendant by Plaintiff herein.
:155351
Respectfully submitted,
JOHNSON, DUFFLE, STEW~WEIDNER
~t~or~nCe~/iD. UDff. i~4 o.I 5 )06
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Randy E. Finkey
I, RANDY E FINKEY, veri~ that the statements made in this ANSWER and NEW MATTER are true
and correct to the best of my knowledge, information and belief. I understand that false statements made
herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unsworn falsification to authorities.
Date: Z,/_! 7- o~~'-
CERTIFICATE OF SERVICE
AND NOW, this 18th day of April 2002, the undersigned does hereby certify that he did this date serve
a copy of the foregoing Reply and Answer upon the other parties of record by causing same to be deposited in
Jnited States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Michelle C. Kahan, Esquire
2536 Eastern Boulevard, No. 152
York, PA 17402
· Ma~: C. Du'-ff~e
MICI-I~LL~ C. KAI-tAlq,
Attorney LD. ~o. 4VllB
N~r 152
Yor~ PA ~7402
(7~7) g46-2954
~ ~ CO~T OF CO~ON pLEAS OF C~E~ CO~Y'
pE~S~V~A
PRO · ,~-~ plaintiff,
VS.
RANDY E. FIIqKEY, Defendant
NO. 02-00593
CIVIL ACTION - AT LAW
coMPULSORY ARBITRATION
L¥ TO DEFENDANT'S
and through its attorneY,
plaintiff, PROVIDENT BANK OF MARYLAND, by of Defendant,
MICHELLE C. KAHAN. ESQ., counter-reply to the Answer and New Matter ' E. FINKEY, as follows:
1-12. The averments contained in paragraphs 1 through 12 are answers to Plaintiff s
Complaint and therefore no answer is required by Plaintiff. If a responsive pleading is
required, paragraphs 1 through 12 are denied.
REPLY TO NEW MATTER
13.
Denied. The averments set forth in paragraphs 1 through 12 are incorporat{
herein as if set forth fully.
14. Denied. Paragraph 14 states a legal conclusion to which no responsive
pleadings are required. In the event responsive pleadings are required, paragraph 14 is denied
in its entirety.
15. Denied. paragraph 15 states a legal conclusion to which no responsive
pleadings are required. In the event responsive pleadings are required, Paragraph 15 is denied
in its entirety.
16. Denied. Paragraph 16 states a legal conclusion to which no responsive
pleadings are required. In the event responsive pleadings are required, Paragraph 16 is denied
in its entirety.
17. Denied. Paragraph 17 states a legal conclusion to which no responsive
pleadings are required. In the event responsive pleadings are requked, Paragraph 17 is denied
in its entirety.
18. Denied. Plaintiff avers that reasonable value was obtained upon the resale of
the vehicle which was sold at auction, plaintiff further avers that the expenses incurred by the
plaintiffwere reasonable.
19. Although this paragraph is numbered by Defendant as Paragraph 15, Plaintiff
will address it as Paragraph 19. This Paragraph is denied, plaintiff avers that Defendant
remains liable to Plaintiff under the Installment Sales Agreement attached to Plaintiff's
Complaint as Exhibit "A." plaintiff further avers that the Defendant's obligations to it under the
Installment Sales Agreement were not affected by the Divorce Settlement Agreement entered
into by the Defendant and Bonnie Sue Finkey.
WHlV~REFORE, Plaintiff, PROVIDENT BANK OF MARYLAND, demands
dismissal of Defendant's New Matter, and entry of judgment against Defendant, RANDY E.
FINKEY, as set forth in Plaintiff's Complaint, plus costs of this suit, interest from June 16,
1998 at a daily interest rate of 67/100 dollars ($.67) and reasonable attorneys' fees in the
amount of Fifteen percent (15%).
Respectfully submitted,
Micl~elle C. Kahan, Esquire
2536 Eastern Boulevard
No. 152
York, Pennsylvania 17402
Telephone: (717) 846-2954
I.D. #47118
Attorney for the Plaimiff
VERIFICATION
The undersigned, MICHELLE C. KAHAN, ESQ., hereby verifies and states that:
1. She is attorney for Plaintiff herein;
2. She is authorized to make this Verification;
3. She makes this verification because the Defendant's verification cannot
be obtained within the time allowed for filing the Reply to Defendant's Answer to Complaint
and New Matter;
4. The Facts set forth in the foregoing Reply to Defendant's Answer to
Complaint and New Matter are true and correct to the best of her knowledge, or information
and belief based upon the information comained in her file and provided by Plaintiff, and
5. She is aware that false statemems herein are made subject to the
penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities.
Dated: May 3, 2002
MICHELLE C. KAHAN, ESQUIRE
Attorney I.D. No. 47118
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846-2954
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff,
VS. :
NO. 02-00593
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
RANDY E. FINKEY,
Defendant
CERTIFICATE OF SERVICE
I, MICHELLE C. KAHAN, ESQUIRE, do hereby certify that I served a copy of the
Plaintiff's Reply to Defendant's Answer to Complaint and New Matter upon the Defendant's
attorney of record, Mark C. Duffle, Esq., by mailing the same by regular first class mail to the
Defendant's attorney of record on May 3, 2002 at:
MARK E. DUFFIE, ESQ,
JOHNSON, DUFFIE, STEWART & WEIDN'ER
301 MARKET STREET
P.O. BOX 109
LEMOYNE, PA 19043-0109
Date: May 3, 2002
MIC~LLE C. KAHAN, ~SQLIIRE
2536 Eastern Boulevard, Number 152
York, PA 17402
(717) 846-2954
Attorney ID No. 47118
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff
VS.
RANDY E. F1NKEY
Defendant
NO. 02-00593
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
CERTIFICATE OF SERVICE
I, Michelle C. Kahan, Esquire, hereby certify tlm~t I served a copy of Plaintiff's
Petition for Appointment of Arbitrators upon the Defendant in the above matter, by mailing
a copy thereof by first class mail on this ,zo,~~-~'-~ day of July 2004, to counsel for the
Defendant:
Mark E. Duffle, Esquire
Johnson Duffle Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
-Mi~h~le C. Kaha~Esquir¢
2536 Easmm Boulevard
Number 152
York, PA 17402
(717) 846-2954
I.D. #47], 18
Attorney for the Plaintiff
IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROVIDENT BANK OF MARYLAND
Plaintiff
VS.
RANDY E. FINKEY
Defendant
NO. 02-00593
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Micbelle C. Kahan, Esquire, counsel for plaintiffin the above action, respectfully
represents that:
1. The above captioned action is at issue.
2. The claim of the plaintiff in the action is ~4,162.03. plus interest, attorneys fees
and court costs.
The following attorneys arc interested in the case as cotmsel or are otherwise disqualified
to sit as arbitrators: All attorneys of Johnson Duffle Stewart & Weidncr.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Iv~CI-~ELLE ~.'I~t3,~, EgQUIRE
AND NOW ~-' ~*. aT~ ,2004, in cons~rati.on, o,f the f~r.~_oin~g. ~pe~tit~o~n,
~2,-x,~. ~.~r~'',~-~.t ~ ~*~'~7~ ~ -' _. "/ Eso are appointed arbitrators in tlae
Es and
above captioned action as prayed for.
By the Court,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANL~
PROVIDENT BANK OF MARYLAND
Plaintiff,
VS.
RANDY E. FINKEY
Defendant
NO. 02-00593 CIVIL TERM
CIVIL ACTION - AT LAW
COMPULSORY ARBITRATION
PRAECIPE TO DISCONTINUE ACTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the within action settled, discontinued and ended pursuant to
Pennsylvania Rule of Civil Procedure 229.
Respectfully submitted,
M'i~l~ll~ ~. ~hah~ t~squire
2536 Eastern Boulevard
No. 152
York, Pennsylvania 17402
Telephone: (717) 846-2954
I.D. # 47118
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANL~_
PROVIDENT BANK OF MARYLAND
Plaintiff,
VS.
RANDY E. FINKEY
Defendant
NO. 02-00593 CIVIL TERM
CFVIL ACTION - AT LAW
COMPULSORY ARBITRATION
CERTIFICATE OF SERVICE
I, MICHELLE C. KAHAN, ESQUIRE, do hereby certify that I served Plaintiff's
Praecipe to Discontinue Action upon the Defendant, by forwarding the same by regular first
class mail on November 11, 2004 to the Defendant's attorney at:
Mark E. Duffle, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 19043-0109
Date: November 11, 2004
M~"-iflELI_~E C. ~, ESQUIRE
2536 Eastern Boulevard
No. 152
York, PA 17402
(717) 846-2954
Attorney ID No. 47118
Attorney for Plaintiff
PROVIDENT BANK Of
MARYLAND
IN THE COURT ,OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O2-0593 CIVIL TERM
RANDY E. FINKEY
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, November 18, 2004, the Court having been informed
that the above-captioned case has settled prior to hearing, the panel of
arbitrators previously appointed is vacated, and
Esquire, Chairman of the Arbitration Panel, shall
$50.00.
George Failer, Jr.,
be paid the sum of
,,/'George Failer, Jr., Esquire
10 East High Street
Carlisle, PA 17013
Court Administrator
By the Court,