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HomeMy WebLinkAbout13-2467 Supreme Court 6AXennsylvania Cour "t - -6 C leas For Prothonotary Use Only: t�l, Civitc beer .Sheet � ,, L t Docket No C 1 t u %0iand` County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S x. Complaint 0 Writ of Summons Petition Q Transfer from Another Jurisdiction D Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: SUN MOTOR CARS, INC. RAFFAELE ARENA T Dollar Amount Requested: Swithin arbitration limits I Are money damages requested? ix_ Yes 0 No (check one) I outside arbitration limits O N Is this a Class Action Suit? [I Yes El No Is this an MDJAppeal? 0 Yes Ix No A Name of Plaintiff /Appellant's Attorney: Stephen Moniak/Karen A. Salvemini Check here if you have no attorney (are a Self- Represented 1Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution l- Debt Collection: Credit Card E3 Board of Assessment Motor Vehicle x'. Debt Collection: Other Board of Elections 0 Nuisance Breach of Installment f l Dept. of Transportation E] Premises Liability Contract l Statutory Appeal: Other S In Product Liability (does not include fort) I ! Employment Dispute: E mass ass t f Slander/Libel/ Defamation Discrimination _i Employment Dispute: Other 0' Zoning Board C Other: Q Other: T I Other: O MASS TORT Asbestos N -_i Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste El Ejectment 0 Common Law /Statutory Arbitration Other: B (� E] Eminent Domain /Condemnation � Declaratory Judgment -i Ground Rent p, Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial Quo Warranto 0 Dental I© Partition a Replevin Legal F] Quiet Title Other: 0 Medical Other: E] Other Professional: Updated 1/1/2011 orric Stephen Moniak, Esquire " (~ 1° PI C TH v N ,�,, Attorney I.D. No. 80035 r Karen A. Salvemini, Esquire MA Y 6 Api Attorney I.D. No. 307174 �� . RHOADS & SINON LLP CUMBERL COUNT y One South Market Square FN��S P ENN SYLV A NIA P.O. Box 1146 Harrisburg, PA 17108 -1146 (717) 233 -5731 Email: smoniak @rhoads- sinon.com kaavvemini @rhoads - sinon.com Attorneys for Plaintiff SUN MOTOR CARS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION —LAW V. NO. 13. dyb) cjy RAFFAELE ARENA, Defendant. JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE AND PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Q- On 882370.2 Stephen Moniak, Esquire Attorney I.D. No. 80035 Karen A. Salvemini, Esquire Attorney I.D. No. 307174 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108 -1146 (717) 233 -5731 Email: smoniak @rhoads- sinon.com ksalvemini @rhoads - sinon.com Attorneys for Plaintiff SUN MOTOR CARS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION —LAW V. NO. RAFFAELE ARENA, Defendant. JURY TRIAL DEMANDED COMPLAINT NOW COMES, Plaintiff, Sun Motor Cars, Inc., by and through its attorneys, Rhoads & Sinon LLP, and files the within Complaint and avers as follows: 1. Plaintiff, Sun Motor Cars, Inc. ( "Sun Motor "), is a Pennsylvania corporation organized and existing under the laws of the Commonwealth of Pennsylvania, maintaining its principal place of business at 6677 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Raffaele Arena ( "Arena "), is an adult individual residing at 21 W. North Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 3. Sun Motor is an authorized car dealership for Mercedes -Benz, among others, and sells, leases, and services new and used vehicles. NATURE OF THE ACTION 4. This is a civil action for Breach of Contract (Count I) arising out of Arena's default under that certain Installment Contract by and between Sun Motor and Arena. JURISDICTION AND VENUE 5. This action arises under the laws of the Commonwealth of Pennsylvania and is within the subject matter of this Court. Venue is proper in this judicial district under Pennsylvania Rule of Civil Procedure 1006 as Mr. Arena may be served in Cumberland County the cause of action arose here, and a transaction or occurrence took place here out of which the cause of action arose. FACTUAL BACKGROUND 6. On July 12, 2012, Arena entered into a sales agreement with Sun Motor in order to purchase a 2012 silver C20OW Mercedes -Benz sedan with a Serial Number of WDDGF8BB6CR229721 (hereinafter referred to as the "Financed Vehicle "). A true and correct copy of the July 12, 2012 sales agreement is attached hereto as Exhibit "A." 7. In order to purchase the Financed Vehicle, Arena agreed to the financing of a certain amount of the purchase price by Sun Motor. 8. Therefore, on July 12, 2012, Arena also entered into a certain Pennsylvania Motor Vehicle Installment Sale Contract ( "Installment Contract ") with Sun Motor to finance a portion of the purchase price of the Financed Vehicle. A true and correct copy of the July 12, 2012 Pennsylvania Motor Vehicle Installment Sale Contract is attached hereto as Exhibit "B." 9. Pursuant to the terms of the Installment Contract, Arena financed $18,283.54 ( "Financed Amount ") through Sun Motor for the purchase of the Financed Vehicle. See Exhibit B. -2- 10. The Installment Contract provided for a finance charge of $2,951.78 as well as an annual percentage rate of 9.9 percent. See id. 11. The payment schedule pursuant to the Installment Contract was for a period of thirty -six (36) months, with payments of $589.87 per month due to begin on August 11, 2012. See id. 12. Arena agreed to make payments in accordance with the payment schedule, to make payments on or before the same day of each month as the first payment due date, and to pay all other amounts which may become due under the terms of the Installment Contract. See id. 13. From August 2012 through December 2012, Arena fulfilled his obligations under the Installment Contract and properly sent timely payments to Plaintiff for the financing of the Financed Vehicle. 14. Arena's last payment to Sun Motor to date was made on or about December 19, 2012, in conjunction with the Installment Contract, 15. The outstanding balance pursuant to the Installment Contract as of December 2012 was $16,007.00. 16. Arena has failed to remit payment as required under the Installment Contract in January, February, March, and April 2013. 17. Therefore, Arena has defaulted and is in material breach of the Installment Contract. 18. Since January 2013, interest has been accruing at a rate of $133.26 per month (or approximately $4.44 per day). 19. As of the filing of this Complaint, the total outstanding balance, including interest accrued through April 12, 2013, pursuant to the terms of the Installment Contract is $16,540.04. -3- 20. The Installment Contract also provides for the payment of costs of suit and of reasonable attorney's fees if Sun Motor hires an attorney to collect amounts due under the Installment Contract or to protect or get possession of the Financed Vehicle. See Exhibit B. COUNT Breach of Contract 21. The averments of paragraphs 1 through 20 are incorporated herein by reference. 22. Sun Motor and Arena entered into a contract for the financing of a motor vehicle, the terms of which are memorialized in the Installment Contract. See Exhibit B. 23. Pursuant to the Installment Contract, Arena is obligated to make the required monthly installment payments on or before the 12 day of each month. 24. In violation of his obligations under the Installment Contract, since January 2013, Arena failed and refused to remit payment as required by the Installment Contract, plus accrued interest. 25. Sun Motor has complied with all obligations in connection with the Installment Contract. 26. Arena has been and continues to be in default of the Installment Contract. 27. Arena has not, at any time, disputed the fact that it is legally obligated to Sun Motor for such outstanding amounts. 28. Arena has, however, failed to pay the full amount due and owing each month, plus accrued interest, as set forth in the Installment Contract. 29. Arena's failure to remit payment in accordance with the terms of the Installment Contract constitutes a material breach of the contract for which Arena is liable to Sun Motor for the current balance of $16,007.00, plus accrued interest to date of $533.04, and accruing interest, attorney's fees, and costs of suit, for the financing of the motor vehicle sold by Sun Motor to -4 Arena. Sun Motor reserves the right to amend its damage calculation as damages continue to accrue. WHEREFORE, Plaintiff, Sun Motor Cars, Inc., respectfully requests that judgment be entered in its favor, and against Defendant Raffaele Arena, in an amount of not less than $16,540.04, which is less than the jurisdictional limits for compulsory arbitration, together with pre judgment and post judgment interest, attorney's fees, costs, and any other such relief that the Court deems appropriate. JURY DEMAND Plaintiff Sun Motor Cars, Inc. requests a Trial by Jury on all issues so triable. Respectfully submitted, RHOADS & S1NON LLP By: ' Stephe niak, Esquire Attorney I.D. No. 80035 Karen A. Salvemini, Esquire Attorney I.D. No. 307174 One South Market Square P. O. Box 1146 Harrisburg, PA 17108 -1146 (717) 233 -5731 Attorneys for Plaintiff Sun Motor Cars, Inc. -5- VERIFICATION Daniel K. Sunderland, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the Vice President and Treasurer of Sun Motor Cars, Inc., that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. z�? Date Daniel K. Sunderland EXHIBIT A RES PHONE SUN MOTOR CARS, INC DATE 12 JUL 20 12 (717)799-9238 Mercedes -Benz 6677 CARLISLE PIKE • MECHANICSBURG, PA 17050 STOCK# 117383 BUS PHONE (717) 691 -3333 PURCHASER'S NAME RAFFAELE ARPAA SOC SEC # STREETADDRESS 21 W NIOR i ST APT 2 CITY CARLISLE MILEAGE STATE PA ZIP 17013 PLEASE ENTER MY ORDER FOR: i I NEW C] USED \10 CAR ❑ TRUCK DELIVERY DATE 07 1 121 1.2 BO Y TYPE YE , Fi OR TRIM TOP �c:rcedes -Bonz ° C; �t ll /[Matic ON 7. T_ r �_.SIL,U E , IAL 4 SALESMAN l G1.?-B8fC:R ?.29721 {.Ii0C7E;> l f�IA� TRADE IN VEHICLE •. • s INFORM • YEAR MA.ilMER MILEAGE CASH DELIVERED PRICE OF UNIT SOLO $ 42 , 1 1 E J . 0 MODEL11�2 SERIES COLOR ACCESSORIES i $ TITLE # TAG p EXPIR. DATE SERIAL # BALANCE OWED TO ' ADDRESS ALLOWANCE ON TRADE -IN 19000. BAL, OWED ON TRADE -IN A NET ALLOWANCE 19000 1AINTERANCE 769.(0 DEPOSIT OR CREDIT BAL. CIA i TOTAL CREDIT (TRANSFER TO RIGHT COLUMN) 000 The above described vehicle may be reappraised If It has suffered damage or serious mechanical deterioration since the date of the original valuation and prior to Its delivery to the dealer, or if part or accessories or both, including tires have been removed or replaced with parts and accessorles o1 inferior quality. 1 . •� • .� ❑ DISCLAIMER OF WARRANTIES I understand that you (the Dealer) expressly disclaim all warranties, either express or Implied, Including any Implied warranty of merchantability or fitness for a particular purpose, Q and that you neither assume nor authorize any other person to assume for you any liability SUBTOTAL $ in connection with the sale of the vehicle, except as otherwise provided In writing by you In an attachment to this contract or In a document delivered to me when the vehicle Is LOCAL TAXES (H anyp % O $ delivered, $ ? ` DOCUMENTARY FEES ❑ "AS IS" The motor vehicle Is sold "as Is' without any warranty either express or Implied. The LUXURY TAX (if any) % OF $ d s / purchaser will bear the entire expense of repairing or correcting any that present exist or that may occur in the vehicle. PA TRANSPORTATION le. AS SISTANCE TAX $ ` ^ JO CUSTOMER SIGNATURE LICENSE LICENSE TRANSFER. $ 33 0 TITLE, REGISTRATION FEE iF I CANCEL THIS CONTRACT OR REFUSE TO ACCEPT DELIVERY NOTARY FEE $ OF THE VEHICLE ORDERED, EXCEPT AS PERMITTED BY LAW, I WILL, AT YOUR OPTION, FORFEIT AS DAMAGES $ TOTAL OF ABOVE ITEMS $ 41.233 • �4 (TRANSFERRED FRCM $ 19000. )0 I ACCEPT THE ABOVE CONDITIONS X TOTAL CREDITS t,EFrCOWMN CUSTOMER SIGNATURE) BALANCE DUE ON DELIVERY $ REMARKS CASH DUE ON DELIVERY $ 4000 • 0 AMOUNT FINANCED $ 1 8283. D 4 WARRANTY DRIVERS LICENSE k ENCUMBRANCE AMOUNT INSURANCE I , 1 TO: The contract price of the motor vehicle cannot be increased after this contract has been accepted by the dealer or the authorized dealer representative unless the increase is due to the ppassage of a law or regulation of the United States or the Commonwealth which: requires addition of new equipment to certain vehicles: changes in transportation or existing tax rates: or i In the case of foreign made vehicles, is due to a re- evaluation of the Untted Slate dollar vis -a - the currency of the country of manufacture. This contract is not binding upon either the dealer or the purchaser until by an authorzed representative. You, the buyer may cancel this contract and receive a full refund dealer represe any time before receipt of a copy of this contract signed by an authorized al representative by giving written notice of cancellation to the dealer, I have read the matter on the back hereof and agree to it Aarlo ' order the same as It it were printed above my signature. The front and back hereof comprise the entire agreement affecting this order and no other agreement or understan g of conceUping- s ame- haa•be made or entered Into. I CERTIFY THAT I AM OF LEGAL AGE OR OLDER CEIPT OF A COPY OCF HIS CONTRACT. 07/ Signature of Vehicle Purchaser X �Y — Date i X Date L Signature of Authorized Dealer Representative X Date 1 FOR OFFICE USE ONLY i COMMISSION BONUS ; TRADE ACV DATE i F & I SFU - 0/7 ENCUMBRANCE ❑ ❑ YES NO ACCT 301 SALES CARD INV NO ADDITIONAL TERMS AND CONDITIONS 1. In the event that the transaction referred to in this order is not a cash transaction. the purchaser herein, before or at the time of delivery of the car ordered, and in accordance with the amount to be financed as indicated on the front of this order. will execute a motor vehicle installment sales contract, and such other documents as are required by law. If financing is not arranged as indicated for purchaser, any deposit will be immediately refunded. If any purchaser, on a cash sale or sale to be financed, refuses to complete sale, any refund may be made after ninety days at seller's option, providing purchaser has not purchased a motor vehicle from another dealer. 2. As used in this Order the terms (a) "Seller" shall mean the authorized Dealer to whom this Order is addressed and who shall become a party hereto by its acceptance hereof (b) "Purchaser" shall mean the party executing this Order as such on the face hereof, and (c) "IVianufacturer" shall mean Mercedes -Benz that manufactured the vehicle or chassis, it being understood by Purchaser and Seller that Seller is in no respect the agent of Manufacturer, that Seller and Purchaser are the sole parties to this Order and that reference to Manufacturer herein. -is. for the purpose of explaining generally certain contractual .relationships existing between Seller and Manufacturer with respect to new motor vehicles: 3. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice. In the event the price to Dealer of new motor vehicles of the series and body type ordered hereunder is changed by prior to delivery of the new motor vehicle ordered hereunder to Purchaser, Dealer reserves the right to change the cash delivered price of such motor vehicle to Purchaser accordingly, if such cash delivered price is increased by Dealer, Purchaser may, if dissatisfied therewith, cancel this Order, in which event if a used motor vehicle has been traded in as a part of the consideration for such new motor vehicle, such used motor vehicle shall be returned to Purchaser upon payment of a reasonable charge for storage and repairs (if any) or, if'such used motor vehicle has been previously sold by Dealer, the amount received therefor, less a selling commission of 15% end any expense incurred in storing, insuring, conditioning or advertising said used motor.vehicle for. sale, shall be. returned to Purchaser. 4. if the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle ordered hereunder is not to be delivered to r until delivery to Purchaser of such motor vehicle, the used motor vehicle shall be reappraised at that time and such reappraised value shall determine the allowance made for such used motor vehicle. If such reappraised value is lower than the. original allowance therefor shown on the front of this Order, Purchaser may, if dissatisfied therewith, cancel this Order, provided, however, that such right to cancel is exercised prior to the delivery of the motor vehicle ordered hereunder to the Purchaser and surrender of the used motor vehicle to Dealer. 5. Purchaser agrees to deliver to Dealer .satisfactory evidence of title to any used motor vehicle traded in as a part of the consideration, for the motor vehicle ordered hereunder at the time of delivery of such used motor vehicle to Dealer. Purchaser warrants any such used motor vehicle to be his property free and clear of all liens and encumbrances except as otherwise noted herein. 6. Unless this Order shall have been cancelled by Purchaser under and in accordance with the provisions of paragraph 2 or 3 above, Dealer shall have the right, upon failure or refusal of Purchaser to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Order, to retain as liquidated damages any cash deposit made by Purchaser, and, in the event a used a motor vehicle has been traded in as a part of the consideration for the motor vehicle ordered hereunder, to sell such used motor vehicle and reimburse himself . out of the proceeds of such sale for the expenses specified in paragraph 2 above and for such other expenses and losses as Dealer may incur a suffer as a result of such failure or refusal by Purchaser. 7. Manufacturer has reserved the right to change the design of any new motor vehicle, chassis, accessories or parts thereof at any time without notice and without obligation, to make the same or any similar change upon any motor vehicle, chassis, accessories or parts thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealer's orders. Correspondingly, in the event of any such change by Manufacturer, Dealer shall have no obligation to Purchaser to snake the same or any similar change in any motor vehicle, chassis, accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Purchaser. 8. Dealer shall not be liable for failure to deliver or delay in delivering the motor vehicle covered by this Order where such failure or delay is due, in whole or in part, to any cause beyond the control or without the fault or negligence of Dealer. 9. The price for the motor vehicle specified on the face of this Order includes reimbursement for Federal Excise taxes. but does not include sales taxes, use taxes or occupational taxes based on sales volume, (Federal, State or Local) unless expressly so stated. Purchaser assumes and agrees to pay, unless prohibited by law any such sales, use or occupational taxes imposed on or applicable to the transaction covered by this Order, regardless of which party may have primary tax liability therefor. 10. There are no warranties, expressed or implied, made by the seller herein, or the manufacturer, on the vehicle or chassis described on the face hereof except that in the case of a new vehicle or chassis the printed Mercedes -Benz new vehicle warranty delivered to purchaser with such vehicle or chassis shall apply and the same is hereby made a part hereof as though fully set forth herein- The new vehicle warranty is the only warranty applicable to such new vehicle or chassis and is expressly in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particualr purpose. in the case of a used vehicle or chassis. the applicability of an exisiting manufacturer's warranty thereon, if any, shall be determined solely by the terms of such warranty. t 1. Any used motor vehicle sold to Purchaser by Dealer under this Order is sold at the time of delivery by Dealer without any guarantee or warranty. expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, as to its condition or the condition of any part thereof except as may be otherwise specifically provided in writing o: the.face of this Order or in a separate writing furnishing to Purchaser by Dealer. 12 The Purchaser, before or at any time of delivery of the motor vehicle covered by this Order will execute such other forms of agreement or documents as may be required by the terms and conditions of payment indicated on the front of this Order. EXHIBIT B IF DEBT CANCELLATION IS SOLD, A SEPARATE DISCLOSURE AND AGREEMENT FOR DEBT CANCELLATION MUST ACCOMPANY THIS CONTRACT. PENNSYLVANIA 0711212012 SIMPLE INTEREST MOTOR VEHICLE INSTALLMENT SALE CONTRACT, bated ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, i2ctgy�%yoarjfownpayment a yearly rate. credit will cost you. of $ 9.94 2951,703 18283.54 21235.32 44235.32 $ $ $ $ Your Payment Schedule will be: Security: You are giving a security interest in the motor vehicle being No. of Pa ents Amount of ep87 When Payments Are D purchased. $ 591 .19 1 NIL Monthly, beginning Prepayment: If you pay off early, you will not have to pay a penalty. Filing Fees: $ Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties, a means estimate SUN MOTOR CARS, INC. IF YOU DO NOT MEET YOUR CONTRACT In thisContract6677 CARLISLE PIKE MEC'HANICSBURG, PA 17050 OBLIGATIONS, YOU MAY LOSE THE MOTOR we are VEHICLE AND PROPERTY THAT YOU the SELLER. BOUGHT WITH THIS CONTRACT, AND /OR Name Address Zip Code MONEY ON DEPOSIT WITH THE ASSIGNEE. RAFFAELE ARENA County This Contract is between Seller and Buyer. All 21 W NORTH ST APT 2 CARLISLE PA 17013 disclosures have been made by Seller, Seller You are intends to assign this Contract to the Assignee. the BUYER(S). I Name(s) Address(es) Zip code(s) Itemization of Amount Financed Cash Price inc udin a ti I er rice County contract and /or warranties t to amount of $ - " If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract. paid to 1 253 TRADE-IN: 2007 -HUMMER H2 &sales tax of$ ): You have traded in the following vehicle: Cash Price Year and Make Description $ Cash Dov4118140t, 04 If a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that $ any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "Lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against Trade -In 4000.00 liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. Value of Trade -In DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE $ CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and Lien Payc1f1t0 . 00 agreement page, which is part of this Contract. This agreement will apply during the entire term of the Contract. This agreement may not cover $ N/A your entire indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement. Unpaid Cash Price Na(afice Type of Debt Cancellation Agreement Charge Signature $ Guaranteed auto protection (GAP) $ By signing, you select guaranteed auto protection Optional 6 660CMeffi n (GAP) N/A Signature of Buyer Document PreparaV e SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. The service contract $ or warranty agreement will not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named Paid tDaldrsEWnur Behalf above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate To Public Officials for: charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain License, Tags and Registration $ credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT � INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance Lien Fee purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance. $ By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is your Taxes Not Included in Cash Price which costs $ age? Years Health Insurance, which costs $��� age? Years $ To Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident & Health Insurance $ hi By signing, you both select Joint What are By signing, you both select Joint Credit What are percentage For Messenger Se4h A c d't L c c Accident & ealth Insurance which costs S , To i mstiYed��. $ 11�A 1. 1, % For To Credit Insurance Company 2. 2. % Signatures of both Buyers to be insured for Joint Credit Signatures of both Buyers to be insured for Joint For �` A Life Insurance Credit Accident & Health Insurance t To r Insurer: $ N�A VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called For the "Vehicle" in this Contract. To N/U Year and Male Series Body Style No QyL Truck IM Capacity Serial Number $ N/A NEW 2012 Merceiie C30OW 411 SON WDOGF88E36CR 2277 1. For Equipped _ A.T., P.S. _ AM -FM Stereo — 5 Sod, Other To with — A.C. P.W. _ AM -FM Tape — Vinyl Top $ N/A ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If the Assignee assigns For NIA the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the To Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify YOU when $ and if Seiler makes an assignment. for N/A To $ CO- SIGNER: Any person signing the Co- Signer's Agreement below promises separately and together with all Co- Signers) and Buyer(s), to pay For IN /A all sums due and to perform all agreements in this Contract. Co- Signer will not be an Owner of the Vehicle. Amount Financed CO- OWNER: Any person signing the Co- Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and $ together with all Co- Owners) and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the "Promise to Pay" section. We may retain a portion of amounts marked* TERMS: The terms shown in the b oxes above are part of this Contract. PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Vehicle, including insurance proceeds. The Assignee may set -off any amounts due and unpaid Downpayment and assigning the Trade -In, if shown above, on or before the date of this Contract, under this Contract against any of your money on deposit with Assignee. This includes any and paying us the Amount Financed plus interest. You promise to make payments in accordance money which is now or may in the future be deposited with Assignee by you. Assignee may do with the Payment Schedule. You promise to make payments on or before the same day of each this without any prior notice to you. month as the first payment due date. You agree to pay all other amounts which may become due ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: under the terms of this Contract. You agree to pay the Seller or Assignee costs of suit. You also Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to agree to pay reasonable attorneys' fees if Seiler or Assignee hires an attorney to collect amounts Buyer. due under this Contract or to protect 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 Terms and Conditions: Before signing this Contract, be sure you receive and read the specifies in the written notice to you. following, if marked X, which are additional pages to and part of this Contract. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all IM This Contract continues on the reverse side. required obligations under this Contract, you give a security interest in the Vehicle, in all parts (called "accessions ") attached to the Vehicle at any later time, and in any proceeds of the ❑ Debt Cancellation (guaranteed auto protection) separate disclosure and agreement. By signing below, we agree to sell the Vehicle to you under the terms of this Contract. NOTICE TO BUYER- 20 TS11 THIS CONTR ACT IN BLANK. YOU ARE ENTITLED TO AN X T HE COONT�I ACTa'-0�J $IGN. KEEP IT TO PROTECT YOUR L SELLER -- UILJ I e .07blt .7 BY' BUYER tee Date CO- SIGNER: YOU SHOUL6 READ THE NOTICE TO CO- SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO- SIGNER'S AGREEMENT. CO- 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 the Buyer. You are making this promise to induce us to make this Contract with the Buyer, even though we will use the proceeds only for 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. Co- Signer's Signature Address Date 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 any deficiency which might be due after repossession and sale of the Vehicle. Co- Owner's Signature Address Date BUYER, C -SIG R AND CO- OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE I SI CLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CALLED ADDITI OSURES, TERM AND CONDITIONS. BUYER BUYER CO- SIGNER CO-SIGNER OR CO.OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMA'T'ION. Wolters Kluwer Financial Services 0 2003, 2008 To Reorder Form: 1.800- 552 -9410 PA 23DC•SLC 3/28/2008 ADDITIONAL TERMS AND CONDITIONS 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the choice of whether or not to advance any money for these purposes. Such insurance will be Amount Financed and the Finance Charge. The Finance Charge consists solely of interest limited to an amount not greater than you owe on this Contract. THE INSURANCE WE computed daily on the outstanding balance of the Amount Financed. The Finance Charge PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE shown on the front side has been computed on the assumption that we will receive all THAN INSURANCE YOU COULD PURCHASE YOURSELF. payments on their scheduled due dates. We will add any money we advance on your behalf to the balance on which we impose 2. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay the balance subject to interest on each day of the loan term, including any period for which a late money advanced as we alone may specify: (i) immediately on demand, or (ii) along with your charge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided monthly payments. If we choose to allow you to repay the money advanced along with your by the number of days in that calendar year. Buyer agrees that because interest is calculated monthly payments, we can choose the amount of these payments and how long you have to on a daily basis, late payments will result in additional interest (and, if applicable, a late repay. If any of our rights stated in this paragraph are not permitted by law, we still have the charge). Early payments will result in less interest being charged. Early and /or late payments other rights mentioned. Our payments on your behalf will not cure your failure to perform will cause the amount of the final payment to change. your promises in this Contract. 3. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 12. DEFAULT: In this paragraph "You" means the Buyer, Co- Signer and Co- Owner, or any one days after its due date. The late charge will be 2% per month on the unpaid amount of the of them. You will be in "Default" of the Contract if any one or more of the following things payment. We will consider any part of a month in excess of 10 days to be a full month. The happen: late charge will be due when earned. No late charge will be due if the reason that the a. You do not make any payment on or before it is due; or payment is late is because, after default, the entire outstanding balance on this Contract is b. You do not keep any promise you made in this Contract; or due. No late charge will be due if the only reason that the payment is late is because of a late c. You do not keep any promise you made in another Contract, Note, Loan or Agreement charge assessed on an earlier payment. with Seller or Assignee; or 4. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority: d. You made any untrue statement in the credit application for this Contract; or first to interest; and then to late charges, fees, principal and any other amounts you owe in e. You committed any forgery in connection with this Contract; or the order that we choose. f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court 5. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any with jurisdiction to do so to be incapacitated; or time without penalty. If you prepay the Contract in part, you agree to continue to make p regularly scheduled payments until you pay all amounts due under this Contract. This will reduce the number of payments you will make. ins proceedings against you; or g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or 6. WAIVERS. h. You take the Vehicle outside the United States or Canada without our written consent; or a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any i. You use the Vehicle or allow someone else to use it in a way that causes it not to be property as security for the repayment of this Contract, except for the Vehicle and the other covered by your insurance; or security specifically mentioned in this Contract. I j. You do something that causes the Vehicle to be subject to confiscation by government b. WAIVERS BY BUYER, CO- SIGNER AND CO- OWNER: You agree to make all payments on authorities; or or before they are due without our having to ask. If you don't, we may enforce our rights k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not without notifying you in advance. You give up any right you may have to require that we fixed or found within a reasonable time; or enforce our rights against some other person or property before we enforce our rights against I. Another creditor tries to take the Vehicle or your money on deposit with Assignee by you. You agree that we may give up our rights against some other person but not against you. legal process. You waive due diligence in collection and all defenses based on suretyship and impairment of 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of this collateral or security. Contract, we may enforce our rights according to law. We may also do the things specifically 7. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this mentioned in this Contract. We may do one of these things and at the same time or later do Contract shall continue to accrue on the unpaid balance until paid in full, even after maturity another. Some of the things we may do are the following: and /or after we get a judgment against you for the amounts due. This will apply even if the a. ACCELERATION: We can demand that you pay to us the entire unpaid balance owing maturity occurs because of acceleration. If at any time interest as provided for in this on the Contract and all unpaid Finance Charges and other money due. You agree that you will paragraph is not permitted by law, interest shall accrue at the highest rate allowed by pay this money to us in one single payment immediately upon receiving our demand. applicable law beginning at that time. b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other this ourselves, have a qualified person do it for us, or have a government official (by replevin) than us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees do it for us. You agree that we can peaceably come on to your property to do this. We may necessary for us to obtain and maintain our security interest in the Vehicle. You will assist us take any other things found in the Vehicle, but will return these things to you if you ask. If you in having our security interest noted on the Certificate of Title to the Vehicle. You will not sell want these things back, you may reclaim them within thirty (30) days of our mailing you a or give away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and Notice of Repossession. If you do not reclaim the things found in the Vehicle within that time, clear the lien. we may dispose of those things in the same manner as the motor vehicle. You agree that we 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and may use your license plates in repossessing the Vehicle and taking it to a place for storage. repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which convenient place. You agree to give us the Vehicle if we ask. will reduce its value, other than for normal wear and use. You will not use the Vehicle for d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contraci illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on without losing any rights. the front of this Contract to a new permanent place of garaging without notifying us in 14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we reposses.- advance. without using a government official (by replevin): 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, a. NOTICE: We will send you a Notice of Repossession to your last address we know about theft and collision until all sums due us are paid in full. The insurance coverage must be This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right t(_ satisfactory to us and protect your interests and our interests at the time of any insured loss. reinstate the Contract. This means you will have to pay the total balance on the Contract am The insurance must name us as "loss- payee" on the policy. The insurance must be written by other amounts due. You may not get the Vehicle back by paying delinquent installments. Thi: an insurance company qualified to do business in Pennsylvania and licensed to sell insurance Notice will tell you other information required by law. in the state where the Vehicle is permanently garaged. The insurance policy must provide us b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days o with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On request, you shall deliver the policy or other evidence of insurance coverage to us. In the the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is proof of loss with the insurer. reasonably possible, but in not more than ten (10) business days of our receipt of the fund: a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the required. If you do not redeem, you give up all claim to the Vehicle. Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will b: agree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any used to pay costs and expenses you owe, and then to pay the amount you owe on the of them ( "we ") may file a proof of loss with the insurance company, in your name and acting Contract. as your agent, with respect to the insured claim. You agree that you do not have the right to d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there i and will not revoke the power you have given us to file a proof of loss. You agree that we may not enough money from the sale to pay what you owe, Buyer and Co- Signer agree to pay wha exercise this power for our benefit and not for your benefit, except as provided in this is still owed to us. Contract and by law. e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing fo b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, sale and selling the Vehicle as may be allowed by law. These costs will only be due if: any subsequent assignee, or an authorized employee of any of them ( "we ") may endorse your 1. Default exceeds fifteen (15) days at the time of repossession; name, acting as your agent, to any check, draft or other instrument we receive in payment of 2. The amount of costs are actual, necessary and reasonable; and an insured loss or return of insurance premiums. You agree that you do not have the right to 3. We can prove the costs'were paid. and will not revoke the power you have given us to make your endorsement. You agree that 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract sha we may exercise this power for our benefit and not for your benefit, except as provided in this be enforceable against your heirs and personal representatives of your estate. Contract and by law. . c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair or 16. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania. :l :_ , „ 17. SEVERABILITY OF PROVISIONS: If for any reason a art of this Contract shall becom r - 1 — rtin V..t,;,.i., ;a ... ,,.,..._..,.__ ___.._......,, i f,,.,,;tii„ ,.,�I ..n.. oro not than in n . y p, . _ . c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair or 16. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania. replace the Vehicle if, in our opinion, it is economically feasible and you are not then in 17. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become default of this Contract. Otherwise, we will apply the insurance proceeds to reduce the unpaid illegal, void or unenforceable, that part shall not be a part of this Contract. balance due us. After the balance due us is paid, any excess will belong to you. 18. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract. 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, 19. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, the costs necessary to keep the Vehicle in good condition and repair, we may advance any UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER money you promised to pay. If you fail to keep your promises about required insurance, we ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the THIS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal Trade Commission 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 any 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 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. NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) of this Contract hereby take(s) notice that Group Credit Life Insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable to this Contract if 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, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit Insurance to be purchased. The term of insurance will 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 30 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 insurance charges will be made when due. NOTICE: 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. To induce you, the "Assignee" identified on the face of this Contract or as follows, ASSIGNMENT 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 ap (Name) plicable federal, state and local laws and regulations, including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. § §2101 et seq); our title to the Contract and the Vehicle covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract i genuine, the signatures thereon are not forgeries, arose from the sale of the Vehicle therein described, and all parties thereto are of full age and had capacity to contract; the descr the Vehicle and extra equipment is complete and correct; the cash downpayment and /or trade in allowance were actually received and no part thereof consisted of notes, post -dated iption of checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all warranties and 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 duly licensed under the Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth -in- Lending Act and with any 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 for 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 Motor 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) affixed to this Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract. If any such warranties or representations should be breached at any time, Seller shall 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 not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seller. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as represented to the Buyer by Seller, or that Seller refuses to honor any warranty or service agreement 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 same 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, costs 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 property 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 with 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 obtaining replacement insurance for the unexpired period of the original insurance policy. By signing and dating the Contract, as Seller, delivering the Contract to the Assignee and accepting payment for it, Seller authorizes the Assignee to act as the Seller's agent for the purpose of completing or correcting the identification of the Assignee in this Assignment to reflect the true Assignee who purchased the Contract and /or for the purpose of signing Seller's name to this Assignment, without recourse, if the Assignment is delivered without the Seller's signature. Assignee may exercise the power given in this paragraph for the benefit of the Assignee and not for the benefit of the Seller. Seller does not have the right to and agrees not to revoke the power given in this paragraph. In the event that Seller is required by this Assignment to repurchase the Contract and /or Vehicle, Seller shall pay to Assignee, in cash, the full unpaid balance of the Contract as of the date of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in 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 hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys 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 other action which we might have taken save for this Assignment. Unless Seller marks either of the endorsements below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the provisions of the paragraph titled "Assignment," be without recourse. ❑ WITH FULL RECOURSE — 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 date thereof of any installment payable under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, on demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above. ❑ WITH REPURCHASE — Seller agrees that, in addition to the provisions of the paragraph above titled "Assignment," in the event of any default by Buyer which shall entitle 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 repurchase the Contract and the Vehicle from Assignee for a repurchase price, in cash, computed as set forth above. By signing below, we agree to the terms of the Assignment. Seller By Date Wolters Kluwer Financial Services © 2003, 2008 To Reorder Form: 1- 800 -552 -9410 PA 23DC -SLC 3128/2008 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith i� i PP ? "1 +'t` fifi rrtrrtrc �xs Chief Deputy 2 i f4AY 15 PM 1; 1 Richard W Stewart CUMBERLAND C0W fl Y Solicitor r l OF SHE$PEPIr<r PENNSYLVANIA Sun Motors Cars, Inc. vs. Case Number Raffaele Arena 2013-2467 SHERIFF'S RETURN OF SERVICE 05/06/2013 07:00 PM-Deputy Shawn Harrison, being duly sworn according to law, served a equested Complaint &Notice by"personally"handing a true copy to a person representing s es o be the Defendant, to wit: Raffaele Arena at 21 W. North Street,Apt. 2, Carlisle Borough, Ii PA 7013. S A R ON, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, rJ May 08,2013 RONNY R ANDERSON, SHERIFF i (c)CaumySulte Sheriff,Toleosoft Inc, SUN MOTOR CARS, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—LAW V. NO. 13-2467-CIVIL RAFFAELE ARENA, Defendant, : JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO THE CLERK OF COURTS: Please enter my appearance in the above captioned matter. Respectfully Submitted, c ABELN LAW OFFICYS DATE: Gregory Barton Abeln, Esquire ID # 35960 Attorney for Defendant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 tai w c _ r y- -<> SUN MOTOR CARS, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—LAW V. C-) NO. 13-2467-CIVIL C= f2 RAFFAELE ARENA, M w C- M 2-a 2C Defendant, : JURY TRIAL DEMANDED cn r-- ! IN RE: CIVIL COMPLAINT ANSWER OF DEFENDANT c TO THE HONORABLE, THE JUDGE OF THE SAID COURT: AND NOW, comes the defendant, Raffaele Arena by and through his counsel, Gregory Barton Abeln, Esquire, who files his answet to the within complaint and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that this is a civil action for breach of contract(Count 1). It is denied that the defendant had defaulted under the certain Installment Contract by and between plaintiff and the defendant. Strict proof is demanded at trial. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. By way further answer, on or about March 22, 2013 the 2012 Silver C30OW Mercedes-Benz sedan (the vehicle in question) was confiscated by the Drug Enforcement Administration for forfeiture. This action by the government is without merit and has been appealed by the defendant who is awaiting a hearing on the illegal seizure. Furthermore, this is a conclusion of law to which no answer is required. 18. Neither admitted nor denied. After reasonable investigation, defendant is unable to determine the veracity of this allegation and therefore strict proof is demanded at trial. 19. Neither admitted nor denied. After reasonable investigation, defendant is unable to determine the veracity of this allegation and therefore strict proof is demanded at trial. 20. This is a conclusion of law to which no answer is required. 21. The answers by the defendant to the averments of paragraphs 1 through 20 are incorporated herein by reference. 22. Admitted. 23. Admitted. 24. Neither admitted nor denied. The vehicle was seized by the U.S. government which action is being appealed by the defendant. The defendant has informed the plaintiff of this a situation and has indicated to the plaintiff that when the vehicle is lawfully returned to him, both parties will sit down and negotiate a resolve. 25. This is a conclusion of law to which no answer is required. 26. This is a conclusion of law to which no answer is required. 27. Admitted. 28. Neither admitted nor denied. After reasonable investigation the defendant is unable to determine the veracity of this allegation and therefore strict proof is demanded at trial. 29. Neither admitted nor denied. After reasonable investigation the defendant is unable to determine the veracity of this allegation and therefore strict proof is demanded at trial. WHEREFORE, the defendant, Raffaele Arena, that this civil complaint be dismissed without prejudice to plaintiff reopening the case once the vehicle in question is lawfully returned to the defendant. Respectfully submitted, ABELN AW OFFICES Date Gregory Barton Abeln, Esquire Atty. ID# 35960 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 VERIFICATION Raffaela Arena hereby deposes and says, subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the answers set forth in this document are true and correct to the best of his knowledge, information, and belief. 3 C3 Dak Raffaele Arena 21 W. North Street Carlisle, PA 17013 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing response to the government's petition for forfeiture and condemnation, by U.S. Mail, a true and exact copy addressed to the following: Stephen Moniak, Esquire Rhoads and Sinon, LLP PO Box 1146 Harrisburg, PA 17108-1146 Attorney for Plaintiff, Sun Motor Cars, Inc. Respectfully Submitted, ABELN LAW FI S Date Gregory Barton Abeln, Esquire Atty Id#: 35960 37 East Pomfret Street Carlisle, PA 17013 Stephen Moniak, Esquire Attorney I.D. No. 80035 Karen A. Salvemini, Esquire Attorney I.D. No. 307174 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Email: smoniak@rhoads-sinon.com ksalvemini@rhoads-sinon.com Attorneys for Plaintiff SUN MOTOR CARS, INC., v. RAFFAELE ARENA, Plaintiff, Defendant. 20/4• 11027 '0173 Qt 8 P� /: /s : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW NO. 13-2467 - CIVIL : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO: PROTHONOTARY Kindly mark the above -captioned matter discontinued. Respectfully submitted, RHOADS & SINON LLP Date: August 25, 2014 962309.1 By: en Moniak Attorney I.D. No. 80035 Karen A. Salvemini Attorney I.D. No. 307174 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Sun Motor Cars, Inc. CERTIFICATE OF SERVICE I hereby certify that on this a Gam' day of August 2014, a true and correct copy of the foregoing Praecipe to Discontinue was served by means of United States mail, first class, postage prepaid, upon the following: Raffaele Arena 21 W. North Street, Apt. 2. Carlisle, PA 17013 Gregory Barton Abeln, Esquire Abeln Law Offices 37 E. Pomfret Street Carlisle, PA 17013 Teresa H. Laughead