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JUN /20 /2013 /THU 12:08 PM Richard Squire Assoc FAX No.215 886 8791 P.002/002 Supreme Co nnsylvania Cou f "36, m leas For Prothonotary Use Only! C •� t Docket No: Cil County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefi ling and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S E Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: United Auto Credit Corporation Philadelphia Auto superstore et al I Are move damages re quested? Yes No Dollar Amount Requested: Owitbin arbitration limits Y g 9 (check one) outside arbitration limits O N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? 0 Yes E No A Name of Plaintiff /Appellant's Attorney: M. Troy Freedman, Esquire Check here if ,you have no attorney (:area Self - Represented [Pro Se] Litigant) .Nature of the Case Place an _T' 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 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include E mass tort] 0 Ernploymcal Dispute; ass t r/LibeL m ' Defaation Discrimination 0 C Other: 0 Employment Dispute: Other 7,oning Board T _ 0 Other: I Other: O MASS TORT 0 asbestos N 0 Tobacco 0 Toxic Tort -DES © Toxic Tort - Tmplant REAL, PROPERTY MISCELLANEOUS Toxic Waste Other: [2 Ejectment El Common Law /Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: Medical 0 Other: 0 Other Professional: Updated 11111011 ! Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire `;, 2 Craig Oppenheimer, Esquire ��� �O��T`� ID. Nos. 04267 / 85165 / 313264;q �dNSYLVfiNI A One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215- 886 -8790 Fax: 215-886-8791 United Auto Credit Corporation IN THE COURT OF COMMON PLEAS 1071 Camelback Suite 100, CUMBERLAND COUNTY, PENNSYLVANIA Newport Beach, CA 92660 -3046 PLAINTIFF, V. DOCKET NO.: I � � � S � d 3 0 1 Philadelphia Auto Superstore CIVIL ACTION- EQUITY- DECLARATORY 1571 East Erie Avenue, JUDGMENT Philadelphia, PA 19124 Allan Menaker 1571 East Erie Avenue, Philadelphia, PA 19124 Department of Transportation of the Commonwealth of Pennsylvania Keystone Building, 400 North Street, Harrisburg, PA 17120 Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16' Floor, Strawberry Square, Harrisburg, PA 17120 Harrisburg Auto Auction, Inc. 900 Market Street, Lemoyne, PA 17043 Dolly M. Dodd 4912 Knorr Street, Philadelphia, PA 19135 Shawn M. Willis 2061 Kingston Street, Philadelphia, PA 19134 �.S alb C a g& Of a0/ 91 do COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of 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 CAN 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 717- 249 -3166 and 800 - 990 -9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de ]a fecha de la demanda y ]a notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte 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 provisioner de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 717- 249 -3166 and 800 - 990 -9108 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire 1D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215- 886 -8790 Fax: 215-886-8791 United Auto Credit Corporation IN THE COURT OF COMMON .PLEAS 1071 Camelback Suite 100, CUMBERLAND COUNTY, PENNSYLVANIA Newport Beach, CA 92660 -3046 PLAINTIFF, V • DOCKET NO.: Philadelphia Auto Superstore CIVIL ACTION - EQUITY - DECLARATORY 1571 East Erie Avenue, JUDGMENT Philadelphia, PA 19124 Allan Menaker 1571 East Erie Avenue, Philadelphia, PA 19124 Department of Transportation of the Commonwealth of Pennsylvania Keystone Building, . 400 North Street, Harrisburg, PA 17120 Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16`" Floor, Strawberry Square, Harrisburg, PA 17120 Harrisburg Auto Auction, Inc. 900 Market Street, Lemoyne, PA 17043 Dolly M. Dodd 4912 Knorr Street, Philadelphia, PA 19135 Shawn M. Willis 2061 Kingston Street, Philadelphia, PA 19134 t COMPLAINT Plaintiff, United Auto Credit Corporation, by and through its undersigned attorney, M. Troy Freedman, Esquire, hereby submits the within Complaint. In support thereof, Plaintiff avers as follows: A. Background Facts and Parties 1. Plaintiff, United Auto Credit Corporation (hereinafter referred to as "UACC "), is a corporation validly existing under the laws of the.Commonwealth of Pennsylvania with an address at 1071 Camelback Suite 100, Newport Beach, CA 92660 -3046. 2. Defendant, Philadelphia Auto Superstore, Inc. (hereinafter referred to as' Defendant Superstore ") is a .Pennsylvania corporation which conducts business in the Commonwealth of Pennsylvania and, upon information and belief, maintains its principal place of business at: 1571 East Erie Avenue, Philadelphia, PA 19134 3. Defendant, Alan Menaker (hereinafter referred to as "Defendant Menaker") is an adult individual with an address at: 1571 East Erie Avenue, Philadelphia, PA 19134 4. Defendant, Department of Transportation of the Commonwealth of Pennsylvania (hereinafter referred to as "PENDOT "), is a governmental agency of the Commonwealth of Pennsylvania, which maintains an address at: Keystone Building, 400 North Street, Harrisburg, PA 17120 And via the Office of the Attorney General of the Commonwealth of Pennsylvania, who maintains an address at: 16` Floor, Strawberry Square, Harrisburg, PA 17120 5. Defendant, Harrisburg Auto Auction, Inc. (hereinafter referred to as "Defendant Harrisburg Auto "), is a Pennsylvania corporation which conducts business in the Commonwealth of Pennsylvania and, upon information and belief, maintains its principal place of business at: 900 Market Street, Lemoyne, PA 17043 and /or I 100 S. York Street, Mechanicsburg, PA 17055 6. Defendant Shawn M. Willis (hereinafter referred to as "Defendant Willis ") is an adult individual residing at or maintaining a residence at: 2061 Kingston Street, Apt. 11 Philadelphia, PA 19134 7. Defendant Dolly Dodd (hereinafter referred to as "Defendant Dodd ") is an adult individual residing at or maintaining a residence at: 4912 Knorr Street, Philadelphia, PA 19135 8. At all material times hereto, Defendant Menaker is and was the sole owner and sole corporate officer of Defendant Superstore. 9. At all material times hereto, the parties acted through their duly authorized agents, representatives, officers, directors, employees, and /or independent contractors, who all acted within the scope of their employment and /or authority. 10. Defendant Menaker, by and through Defendant Superstore, is in the business of selling new and /or used automobiles to customers (hereinafter referred to as "Customers "). 11. Defendant Menaker, by and through Defendant Superstore, engages in the sale of automobiles to . its Customers through the use of Retail Instalment Sale Contracts (hereinafter referred to as "Retail Contracts "). 12. On occasion, Plaintiff and Defendant Menaker, by and through Defendant Superstore, have agreed upon the conveyance of certain of these Retail Contracts from Defendant Superstore to Plaintiff. 13. Plaintiff and Defendant Superstore's mutual arrangement for the conveyance of these Retail Contracts has been reduced to writing in the form of a Dealer Agreement. A true and correct copy of the Dealer Agreement between Plaintiff and Defendant Superstore is attached hereto as Exhibit "A" and made a part hereof. 14. Defendant Superstore is the "Dealer" under and pursuant to the Dealer Agreement. 15. Section 7. of the Dealer Agreement, pertaining to Defendant Superstore's obligation to repurchase Retail Contracts from Plaintiff, states the following: If any of the events enumerated in (a) through ,(f) below occur in connection with a Contract purchased pursuant to this Agreement, Dealer unconditionally agrees to repurchase from UACC, within ten (10) days of written notice to Dealer by UACC, any such Contract at the price set forth in this Section 7. (a) Dealer either fails to perform any of its obligations under this Agreement or breaches any representation, warranty or covenant with respect to the Contract. (b) Dealer breaches any express or implied warranty related to the Vehicle or the Contract. (c) The Customer fails to pay any remaining or deferred down payment specified in the Contract. (d) The Customer defaults in the payment of the first regularly scheduled monthly payment under the Contract for any reason whatsoever. (e) Dealer either backdates the Contract or fails to disclose to UACC the existence of a "straw purchase" in which the Customer purchases the Vehicle on behalf of a third party. (f) The Customer files a lawsuit or demand for arbitration naming UACC as a defendant and seeking or praying for rescission of the Customer's contract or any other legal or equitable relief against UACC, arising in any manner or to any extent from any alleged violation of law, breach of contract, breach of warranty, or other act or omission by Dealer, regardless of the merits or lack of merits of such allegations. Any default under the preceding clauses (a) through (f), and UACC's rights with respect thereto, shall not be subject to any notice or cure period. 16. Section 4(m). of the Dealer Agreement, pertaining to Defendant Superstore's express warranty to perfect a valid and enforceable first priority security interest in and to each automobile which is the subject of a Retail Contract, states the following: At the time of [Retail] Contract signing, Dealer completed all forms and documents necessary to perfect a valid and enforceable first priority security interest of UACC in the Vehicle as required by applicable law, and Dealer took all actions and forwarded such signed documents (together with the appropriate fees) to those public officials responsible for issuing the certificate of title or registration within the earlier of (i) the time required under applicable state law for perfection or (ii) 30 days from the date of Contract. Dealer has taken all other steps required to perfect such lien or security interest in UACC's name. Dealer further warrants, and is responsible to ensure, that UACC's perfected first priority lien will not be voidable by any person or entity, including, without limitation, a trustee in a bankruptcy proceeding; 17. In addition to the aforementioned Agreement, Defendant Menaker executed a Personal and Continuing Guarantee Agreement (hereinafter referred to as "Guarantee Agreement ") in which Defendant Menaker has agreed to be personally liable to Plaintiff for all of Defendant Superstore's obligations under the terms and conditions of the Dealer Agreement. A true and correct copy of the Guarantee Agreement between Plaintiff and Defendant Menaker is attached hereto as Exhibit "B" and made a part hereof. B. The Dodd Retail Contract 18. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 19. On or about August 14, 2012, Defendant Superstore entered into a Retail Installment Sale Contract (hereinafter referred to as "Dodd Retail Contract ") with Defendant Dodd, for the sale of a used 2003 TOYOTA Sequoia -V8 SR5 4WD, Vehicle Identification Number 5TDBT44AX3S138592 (hereinafter referred to as "Dodd Vehicle "). A true and correct copy of the executed Dodd Retail Contract is attached hereto as Exhibit "C" and made a part hereof. 20. The Dodd Retail Contract was sold to Plaintiff pursuant to the terms of the Dealer Agreement and C' an Assignment of Retail Installment Contract (hereinafter referred to as "Dodd Assignment "). A true and correct copy of the executed Dodd Assignment is attached hereto as Exhibit "D" and made a part hereof. 21. Furthermore, in connection with the Dodd Retail Contract, Defendant Superstore executed a Dealer's Guarantee of Title (hereinafter referred to as "Dodd Guarantee ") certifying that Defendant Superstore would take all necessary steps to perfect a valid and enforceable first priority security interest in favor of UACC in the vehicle. A true and correct copy of the Dodd Guarantee is attached hereto as Exhibit `B" and made a part hereof. 22. The Dodd Retail Contract requires Defendant Dodd to make monthly payments of $320.16 to Defendant Superstore, its successors and /or assigns, with payments commencing on 9/13/2012. 23. Pursuant to the terms of the Dealer Agreement and the Dodd Guarantee, Defendant Superstore had an ongoing contractual obligation to perfect a valid and enforceable first priority security interest in favor of UACC in the Dodd vehicle by causing an original Certificate of Title to be issued in favor of Dolly Dodd by the Pennsylvania Department of Transportation (hereinafter referred to as "PENDOT "). Defendant Superstore also had an ongoing contractual obligation for that Certificate of Title to reflect a first priority lien in the vehicle in favor of UACC. 24. Pursuant to the terms of the Guarantee Agreement, Defendant Menaker had an ongoing contractual obligation to ensure the performance of the obligations of Defendant Superstore under and pursuant to the Dealer Agreement. 25. Based on copies of N W -38L (5 -05) forms, Defendant Superstore appears to have initiated the process of applying for an original Certificate of Title from PENDOT, but for reasons unknown to Plaintiff, Defendant Superstore failed to complete the process, by, inter alia, submitting these forms or otherwise, and failed to perfect a valid and enforceable first priority security interest in favor of UACC in the Dodd vehicle. 26. A search of PENDOT vehicle records indicates that a Certificate of Title is issued in the name of Defendant Harrisburg Auto with no secured lien in favor of UACC. A true and correct copy of 8 t the Vehicle Record Abstract ofPENDOT for VIN # 5 TDBT44AX3S138592 is attached hereto as Exhibit "F" and made a part hereof. 27. Due to Defendant Superstore's failure to perfect a valid and enforceable first priority security interest in the Dodd vehicle, UACC timely provided Defendant Superstore with written notice that it was exercising its contractual right to require Defendant Superstore to repurchase the Dodd Retail Contract within ten (10) days. True and correct copies of the written notices to Defendant Superstore are attached hereto as Exhibit "G" and made a part hereof. 28. To date, Defendant Superstore has failed to respond to these notices and has failed to comply with its contractual duty to repurchase the Dodd Retail Contract and reimburse UACC for the contractual purchase price and outstanding costs. 29. Upon information and belief, the Dodd Vehicle remains in the physical possession of Defendant Dodd and Defendant Dodd continues to make monthly payments to Plaintiff pursuant to the terms of the Dodd Retail Contract. C. The Willis Retail Contract 30. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 31. On or about September 17, 2012, Defendant Superstore entered into a Retail Installment Sale Contract (hereinafter referred to as "Willis Retail Contract ") with Defendant Willis, for the sale of a used 2002 CHEVROLET Suburban V -8, Vehicle Identification Number 3GNFKI6Z12G191997 (hereinafter referred to as "Willis Vehicle "). A true and correct copy of the executed Willis Retail Contract is attached hereto as Exhibit "H" and made a part hereof. 32. The Willis Retail Contract was sold to Plaintiff pursuant to the terms of the Dealer Agreement and an Assignment of Retail Installment Contract (hereinafter referred to as "Willis 9 Assignment "). A true and correct copy of the executed Willis Assignment is attached hereto as Exhibit "I" and made a part hereof. 33. Furthermore, in connection with the Willis Retail Contract, Defendant Superstore executed a Dealer's Guarantee of Title (hereinafter referred to as "Willis Guarantee ") certifying that Defendant Superstore would take all necessary steps to perfect a valid and enforceable first priority security interest in favor of UACC in the vehicle. A true and correct copy of the Willis Guarantee is attached hereto as Exhibit "J" and made a part hereof. 34. The Willis Retail Contract requires Shawn M. Willis to make monthly payments of $301.14 to Defendant Superstore, its successors and /or assigns, with payments commencing on 10/17/2012. See Ex. "I." 35. Pursuant to the terms of the Dealer Agreement and the Willis Guarantee, Defendant Superstore had an ongoing contractual obligation to perfect a valid and enforceable first priority security interest in favor of UACC in the Willis Vehicle by causing an original Certificate of Title to be issued in favor of Shawn M. Willis by the Pennsylvania Department of Transportation (hereinafter referred to as "PENDOT "). Defendant Superstore also had an ongoing contractual obligation for that Certificate of Title to reflect a first priority lien in the vehicle in favor of UACC. 36. Pursuant to the terms of the Guarantee Agreement, Defendant Menaker had an ongoing contractual obligation to ensure the performance of the obligations of Defendant Superstore under and pursuant to the Dealer Agreement. 37. Defendant Superstore appears to have initiated the process of applying for an original Certificate of Title from PENDOT, but for reasons unknown to Plaintiff, Defendant Superstore failed to complete the process and failed to perfect a valid and enforceable first priority security interest in favor of UACC in the Willis Vehicle. 38. A search of PENDOT vehicle records indicates that a Certificate of Title is issued in the name of Defendant Harrisburg Auto with no secured lien in favor of UACC. A true and correct copy of 10 K the Vehicle Record Abstract of PENDOT for VIN # 3 GNFK16Z12G191997 is attached hereto as Exhibit "K" and made a part hereof. 39. Due to Defendant Superstore's failure to perfect a valid and enforceable first priority security interest in the vehicle, UACC timely provided Defendant Superstore with written notice that it was exercising its contractual right to require Defendant Superstore to repurchase the Willis Retail Contract within ten (10) days. True and correct copies of the written notices to Defendant Superstore are attached hereto as Exhibit "L" and made a part hereof. 40. To date, Defendant Superstore has failed to respond to these notices and has failed to comply with its contractual duty to repurchase the Willis Retail Contract and reimburse UACC for the contractual purchase price and outstanding costs. 41. Upon information and belief, the Willis Vehicle remains in the physical possession of Defendant Willis and Defendant Willis continues to make monthly payments to Plaintiff pursuant to the terms of the Willis Retail Contract. D. Applications for Duplicate Certificate of Title . 42. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 43. Plaintiff has contacted Defendant PENDOT and requested the issuance of a duplicate Certificate of Title for both the Dodd Vehicle and Willis Vehicle, for the purpose of perfecting valid and enforceable first priority security interests in favor of UACC in and to the Dodd Vehicle and Willis Vehicle. Plaintiff has submitted these request to Defendant PENDOT on Form MV -38L (5 -05), promulgated by Defendant PENDOT, entitled "Application for Duplicate Title or to Record, Renew, Remove a Lien, Or To Correct Lien Information By Lienholder." True and correct copies of the Form MV -38L (5 -05) for both the Dodd and Willis vehicles are collectively ]1 K attached hereto as Exhibit "M" and made a part hereof. 44. Undersigned Counsel for Plaintiff has been advised by Defendant PENDOT that it is unable to issue a Duplicate Certificate of Title for either the Dodd or Willis vehicles because " PENDOT records indicate that the vehicle described on your application[s] are not titled in [Customer's] name." True and correct copies of the undersigned law firm's applications for issuance of a Duplicate Certificate of Title and the rejection notices of these applications from Defendant PENNDOT are collectively attached hereto as Exhibit "N" and made a part hereof. E. Harrisbure Auto Auction Inc 's Role As Financier 45. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 46. Upon information and belief, Defendant Harrisburg Auto engaged in the practice of lending money to Defendant Menaker and Defendant Superstore, through one or more lines of commercial credit (upon information and belief), for the purpose of acquiring vehicles for re -sale to Defendant Superstore's Customers. 47. Upon information and belief, Defendant Harrisburg Auto would provide further financing to Defendant Menaker and Defendant Superstore, while the vehicles remained on the Defendant Superstore's showroom floor prior to re -sale to Defendant Superstore's Customers. 48. As part of Defendant Harrisburg Auto and Defendant Superstore's financing arrangement, Defendant Harrisburg Auto would retain possession of the original Certificate of Title for each of the vehicles purchased by Defendant Menaker and /or Defendant Superstore, including the Dodd Vehicle and Willis Vehicle, as collateral for Defendant Harrisburg Auto's loan. 49. Upon information and belief, Defendant Harrisburg Auto has refused to release the original Certificate of Title for both the Dodd Vehicle and Willis Vehicle to Plaintiff, despite demand for same, due to outstanding monies owed to Defendant Harrisburg Auto by Defendant Menaker and 12 Defendant Superstore. True and correct copies of the Demand Letters served upon Defendant Harrisburg Auto and proof of service thereof are collectively attached hereto as Exhibit "O" and made a part hereof. 50. Joseph Congdon of Defendant Harrisburg Auto has represented to the undersigned law firm that Defendant Harrisburg Auto is holding on to the original Certificates of Title for the Dodd Vehicle and Willis Vehicle. COUNT I — DECLARATORY RELIEF 51. Plaintiff incorporates all foregoing paragraphs by reference as though the same were more fully set forth herein. 52. An actual controversy exists between/among the parties regarding the issuance of duplicate Certificates of Title to the Dodd Vehicle and Willis Vehicle in favor of UACC. 53. The original Certificate of Title to the Dodd Vehicle and Willis Vehicle presently remain in the possession of Defendant Harrisburg Auto. 54. Defendant Harrisburg Auto has unjustly refused to tender, release, and/or relinquish possession of the original Certificate of Title for the Dodd Vehicle and Willis Vehicle to Plaintiff, despite due demand for same. WHEREFORE, Plaintiff respectfully requests the Court to: (1) declare that the Assignment of Dodd Retail Contract from Defendant Superstore to Plaintiff is conclusive evidence of the transfer of contract, lien, and /or security interest in and or to the Dodd Vehicle, which supersedes any and all other recorded, or unrecorded liens; and 13 (2) declare that the Assignment of Willis Retail Contract from Defendant Superstore to Plaintiff is conclusive evidence of the transfer of contract, lien, and /or security interest in and /or to the Willis Vehicle, which supersedes any and all other recorded or unrecorded liens; and (3) declare that UACC has a valid and enforceable security interest in the Dodd Vehicle and is a first priority lienholder thereto; and (4) declare that UACC has a valid and enforceable security interest in the Willis Vehicle and is a first priority lienholder thereto; and (5) declare that the original Certificate of Title for the Dodd Vehicle issued in favor of Harrisburg Auto is irredeemably misplaced, lost, destroyed, or stolen (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Dodd Vehicle); and (6) declare that the original Certificate of Title for the Willis Vehicle issued in favor of Harrisburg Auto is irredeemably misplaced, lost, destroyed, or stolen (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis Vehicle); and (7) bar Defendant Harrisburg Auto from asserting any right, title, claim, and /or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and 14 (8) bar Defendant Superstore from Tasserting any right, title, claim, and /or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and (9) bar Defendant Menaker from asserting any right, title, claim and /or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and (10) bar Defendant Dodd from asserting any right, title, claim and/or interest in the Dodd Vehicle inconsistent with that of UACC; and (11) bar Defendant Willis from asserting any right, title, claim and /or interest in the Willis Vehicle inconsistent with that of UACC; and (12) direct Defendant PENDOT to issue a duplicate original Certificate of Title to Defendant Dodd and evidencing a valid and enforceable first priority security interest in favor of UACC in and to the Dodd Vehicle (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis Vehicle), or, in the alternative, compel Harrisburg Auto to immediately tender, release, and /or relinquish possession of the original Certificate of Title to the Dodd Vehicle; and (13) direct Defendant PENDOT to issue a duplicate original Certificate of Title to Defendant Willis evidencing a valid and enforceable first priority security interest in favor of UACC in and to the Willis Vehicle (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis 15 Vehicle), or, in the alternative, compel Harrisburg Auto to immediately tender, release, and /or relinquish possession of the original Certificate of Title to the Willis Vehicle; and (14) grant such other relief as the Court deems just and appropriate. COUNT II — EQUITABLE RELIEF 55. Plaintiff incorporates all foregoing paragraphs by reference as though the same were more fully set forth herein. 56. As averred above, an actual controversy exists between/among the parties regarding the issuance of duplicate Certificates of Title to the Dodd Vehicle and Willis Vehicle in favor of UACC. 57. As averred above, the original Certificate of Title to the Dodd Vehicle and Willis Vehicle presently remain in the possession of Defendant Harrisburg Auto. 58. As averred above, Defendant Harrisburg Auto has unjustly refused to tender, release, and /or relinquish possession of the original Certificate of Title for the Dodd Vehicle and Willis Vehicle to Plaintiff, despite due demand for same. 59. Plaintiff requests equitable relief, as there does not appear to be an adequate remedy at law. WHEREFORE, Plaintiff respectfully requests the Court to: (1) declare that the Assignment of Dodd Retail Contract from Defendant Superstore to Plaintiff is conclusive evidence of the transfer of 16 contract, lien, and /or security interest in and or to the Dodd Vehicle, which supersedes any and all other recorded or unrecorded liens; and (2) declare that the Assignment of Willis Retail Contract from Defendant Superstore to Plaintiff is conclusive evidence of the transfer of contract, lien, and /or security interest in and /or to the Willis Vehicle, which supersedes any and all other recorded or unrecorded liens; and (3) declare that UACC has a valid and enforceable security interest in the Dodd Vehicle and is a first priority lienholder thereto; and (4) declare that UACC has a valid and enforceable security interest in the Willis Vehicle and is a first priority lienholder thereto; and (5) declare that the original Certificate of Title for the Dodd Vehicle issued in favor of Harrisburg Auto is irredeemably misplaced, lost, destroyed, or stolen (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Dodd Vehicle); and (6) declare that the original Certificate of Title for the Willis Vehicle issued in favor of Harrisburg Auto is irredeemably misplaced, lost, destroyed, or stolen (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis Vehicle); and (7) bar Defendant Harrisburg Auto from asserting any right, title, claim, and /or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and 17 (8) bar Defendant Superstore from asserting any right, title, claim, and /or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and (9) bar Defendant Menaker from asserting any right, title, claim and /or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and (10) bar Defendant Dodd from asserting any right, title, claim and /or interest in the Dodd Vehicle inconsistent with that of UACC; and (11) bar Defendant Willis from asserting any right, title, claim and /or interest in the Willis Vehicle inconsistent with that of UACC; and (12) direct Defendant PENDOT to issue a duplicate original Certificate of Title to Defendant Dodd and evidencing a valid and enforceable first priority security interest in favor of UACC in and to the Dodd Vehicle (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis Vehicle), or, in the alternative, compel Harrisburg Auto to immediately tender, release, and/or relinquish possession of the original Certificate of Title to the Dodd Vehicle; and (13) direct Defendant PENDOT to issue a duplicate original Certificate of Title to Defendant Willis evidencing a valid and enforceable first priority security interest in favor of UACC in and to the Willis Vehicle (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis 18 Vehicle), or, in the alternative, compel Harrisburg Auto to immediately tender, release, and /or relinquish possession of the original Certificate of Title to the Willis Vehicle; and (14) grant such other relief'as the Court deems just and appropriate. COUNT III — SPECIFIC PERFORMANCE 60. Plaintiff incorporates all foregoing paragraphs by reference as though the same were more fully set forth herein. 61. As averred above, an actual controversy exists between/among the parties regarding the issuance of duplicate Certificates of Title to the Dodd Vehicle and Willis Vehicle in favor of UACC. 62. As averred above, the original Certificate of Title to the Dodd Vehicle and Willis Vehicle presently remain in the possession of Defendant Harrisburg Auto. 63. As averred above, Defendant Harrisburg Auto has unjustly refused to tender, release, and /or relinquish possession of the original Certificate of Title for the Dodd Vehicle and Willis Vehicle to Plaintiff, despite due demand for same. WHEREFORE, Plaintiff respectfully requests the Court to: (1) declare that the Assignment of Dodd Retail Contract from Defendant Superstore to Plaintiff is conclusive evidence of the transfer of contract, lien, and /or security interest in and or to the Dodd Vehicle, which supersedes any and all other recorded or unrecorded liens; and 19 (2) declare that the Assignment of Willis Retail Contract from Defendant Superstore to Plaintiff is conclusive evidence of the transfer of contract, lien, and/or security interest in and/or to the Willis Vehicle, which supersedes any and all other recorded or unrecorded liens; and (3) declare that UACC has a valid and enforceable security interest in the Dodd Vehicle and is a first priority lienholder thereto; and (4) declare that UACC has a valid and enforceable security interest in the Willis Vehicle and is a first priority lienholder thereto; and (5) declare that the original Certificate of Title for the Dodd Vehicle issued in favor of Harrisburg Auto is irredeemably misplaced, lost, destroyed, or stolen (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Dodd Vehicle); and (6) declare that the original Certificate of Title for the Willis Vehicle issued in favor of Harrisburg Auto is irredeemably misplaced, lost, destroyed, or stolen(to the extent it is determined that Harrisburg Auto is not, in fact,holding onto the said original Certificate of Title for the Willis Vehicle); and (7) bar Defendant Harrisburg Auto from asserting any right, title, claim, and/or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and w 20 (8) bar Defendant Superstore from asserting any right, title, claim, and/or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and (9) bar Defendant Menaker from asserting any right, title, claim and/or interest in the Dodd Vehicle and Willis Vehicle inconsistent with that of UACC; and (10) bar Defendant Dodd from asserting any right, title, claim and/or interest in the Dodd Vehicle inconsistent with that of UACC; and (11) bar Defendant Willis from asserting any right, title, claim and/or interest in the Willis Vehicle inconsistent with that of UACC; and (12) direct Defendant PENDOT to issue a duplicate original Certificate of Title to Defendant Dodd and evidencing a valid and enforceable first priority security interest in favor of UACC in and to the Dodd Vehicle (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis Vehicle), or, in the alternative, compel Harrisburg Auto to immediately tender, release, and/or relinquish possession of the original Certificate of Title to the,Dodd Vehicle; and (13) direct Defendant PENDOT to issue a duplicate original Certificate of Title to Defendant Willis evidencing a valid and enforceable first priority security interest in favor of UACC in and to the Willis Vehicle (to the extent it is determined that Harrisburg Auto is not, in fact, holding onto the said original Certificate of Title for the Willis 21 Vehicle), or, in the alternative, compel Harrisburg Auto to immediately tender, release, and/or relinquish possession of the original Certificate of Title to the Willis Vehicle; and (14) 'grant such other relief as the Court deems just and appropriate. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES,LLC By: ,Richard M. uire, Esq. (PA I.D.# 04267) jZ M. Tro. reedman,Esq. (PA I.D.# 85165) Crai Oppenheimer, Esq. (PA I.D/. #313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 . 215-886-8790 215-886-8791 (fax) rsquiregsquirelaw.com tfreedman@squirelaw.com Attorneys for Plaintiff Date: 61NI13 22 United Auto Credit Corporation IN THE COURT OF COMMON PLEAS 1071 Camelback Suite 100, CUMBERLAND COUNTY,PENNSYLVANIA Newport Beach,CA 92660-3046 PLAINTIFF, V. DOCKET NO:: Philadelphia Auto Superstore CIVIL ACTION-EQUITY-DECLARATORY 1571 East Erie Avenue, JUDGMENT Philadelphia,PA 19124 Allan Menaker 1571 East Erie Avenue, Philadelphia,PA 19124 Department of Transportation of the Commonwealth of Pennsylvania Keystone Building, 400 North Street, Harrisburg,PA 17120 Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16"Floor, Strawberry Square, Harrisburg,PA 17120 Harrisburg Auto Auction,Inc. 900 Market Street, Lemoyne,PA 17043 Dolly M.Dodd 4912 Knorr Street, Philadelphia,PA 19135 Shawn M. Willis 2061 Kingston Street, Philadelphia,PA 19134 VERIFICATION Roc hereby states that s/he is an employee, agent, and/or representative of ainttff a eorp:grattpn unless designated otherwise;that s/he is authorized to make this Verification;that s/he has personal knowledge of the facts averred in the foregoing Complaint; and that the statements made in the foregoing Complaint are true and correct to the best of her/his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.. Date: May ,2013 _ t , [signature]" Title: .b t1Lo,—cT132 Exhibit "A" UNITED AUTO ' CREDIT CORPORATION United Auto Credit Corporation Dealer Agreement This Dealer Agreement("Aereement")is executed as of the Effective Date below by and between UNITED AUTO CREDIT CORPORATION("UACC'),18191 Von Karman Avenue,Suite 300,Irvine CA 92612 and the undersigned motor vehicle dealer(s)whose name(s)and address(es)are set forth below(each such dealer is referred to herein as"Dealer").UACC and Dealer are from time-to-time referred to herein as a"La or the"Parties."This Agreement sets forth the terms under which UACC may purchase Contracts (as defined below) from Dealer and the rights and obligations between UACC and Dealer with regard to such Contracts.The terms of this Agreement shall apply to each individual Dealer with full force and effect with respect to each such Dealer,and the representations,warranties and agreements set forth herein shall bind and obligate each individual Dealer as if it were the only Dealer party to this Agreement. Recitals UACC will have no obligation to purchase a Contract if, after conditional approval but before funds are forwarded to Dealer, Dealer is in the business of selling new and/or used automobiles (1)the Customer dies,(ii)the Customer is involved in a dispute (the"Vehicles")to Dealer's customers,including co-buyers,co-signors or with Dealer about any aspect of the purchase transaction, guarantors (the"Customers"). From time-to-time, Dealer may desire to (iii)the Customer files for bankruptcy protection, (iv) the sell, and UACC may desire to purchase, certain retail installment sale Vehicle is lost, stolen, damaged or Impounded by any contracts (each, a "Contract" and collectively, the "Contracts") entered governmental agency for any reason or(v)any material change Into by Dealer and a Customer. in circumstances occurs, as determined by UACC in Its sole discretion, that affects or impairs in any manner UACC's UACC and Dealer agree that this Agreement will cover any Contract security interest in the Vehicle or its ability to collect on the offered for sale by Dealer to UACC and any Contract accepted for Contract. purchase by UACC after the Effective Date of this Agreement.The Parties agree that except as otherwise provided herein and subject to the 2. Purchase Price and Payment. Contract buy-back events set forth in Section 7 below (collectively, the"Repurchase Events"), this Agreement shall be considered (a) The purchase price for a Contract shall be an amount agreed "nonrecourse" as the term is generally understood in the automobile upon by UACC and Dealer. UACC reserves the right to issue a finance industry. check or draft jointly to Dealer and any third-party that UACC determines has a security interest in the Vehicle or the In consideration of the mutual promises contained herein and for other Contract, if such interest is not extinguished by sale of the good and valuable consideration, the sufficiency of which the Parties Contract to UACC. hereby acknowledge,UACC and Dealer agree as follows: (b) Subject to the provisions of Section 1 above, UACC will be 1. Sale and Purchase of Contracts. obligated to pay the Contract purchase price within 30 days of conditional approval only upon receipt, verification and (a) UACC will not be under any obligation to purchase Contracts approval, in UACC's sole discretion, of all documentation and from Dealer, and Dealer is not under any obligation to sell information required by UACC,including,but not limited to,the Contracts to UACC. The Parties agree that the purchase of a following: Contract shall occur as of the time UACC forwards funds to (1) The original executed Contract, the original executed Dealer after UACCs receipt,verification and approval,in Its sole credit application(the"Application"),a copy of the invoice discretion, of the information and documents set forth In listing all Dealer-supplied accessories and the retail price Sections 2.3,g,5 and 6(el 6(e below and of any other information of such accessories, the Used Car Buyer's Guide and or documents either specified in UACCs then-effective program accurate copies of all documents executed by the guidelines or otherwise requested by UACC. Customer; (b) Ail Contracts must be on forms satisfactory to UACC,in its sole (ii) An assignment of the Contract in a form acceptable to discretion. The purchase of Contracts from Dealer shall be UACC and, if required by law, a notice to the Customer subject to UACCs right to require Dealer to repurchase the that Dealer has assigned the Contract to UACC; Contract upon the occurrence of any Repurchase Event (iii) Evidence satisfactory to UACC that the Customer has pursuant to Section 7 below.The purchase of a Contract shall insurance covering the Vehicle that complies with all of include, without further action by either Party,an assignment UACC's requirements and that is not scheduled to expire by Dealer to UACC of Dealer's security interest in the Vehicle for at least ninety (90) days from the date of UACC's and any guaranties or other documents executed in connection purchase of the Contract; with the Contract. Dealer agrees to execute an assignment of (Iv) A copy of any mechanical breakdown protection contract Contract("Assirnment")in a form acceptable to UACC for each or service contract sold in connection with financing of the Contract purchased by UACC. Vehicle; (c) The Parties agree that UACC may reject any Contract for any (v) A guarantee of title form acceptable to UACC,a copy of the application for title and a copy of registration to the reason In its sole discretion. The Parties further agree that Vehicle including all documents submitted by Dealer to the UACC Form 607—11110—Previous editions MAY NOT be used Page 1 of 8 appropriate governmental agency reflecting UACCs rules and regulations and the Fair Debt Collection Practices Act Interests In the Vehicle;and (collectively,the"Federal Lending Regulation (A) All other documents and information requested by UACC in connection with the Contract, the Vehicle or the S. Dealer's Specific Representations and Warranties. Customer. Dealer hereby represents and warrants to UACC that, with respect to 3. Perfection of Security Interest. each Contract purchased by UACC hereunder as of the time of assignment of each such Contract: (a) For each Contract purchased by UACC, Dealer shall, within thirty(30)calendar days of the date of the Contract or within a (a) Dealer furnished to UACC all Information received by Dealer lesser time If required by law, complete, file and record all relative to the Contract and related Application;all Information forms and documents required by applicable law to properly in the Contract and Application is true,complete and accurate, perfect the valid and enforceable first priority security interest and no statements or information made or furnished to UACC of UACC in the Vehicle and shall send UACC evidence that by Dealer, the Customer or any other person are untrue, UACC's security interest is noted on the certificate of title or inaccurate or incomplete; Dealer knows of no fact or registration and/or other evidence that UACC has a properly circumstance that might Impair the validity or enforceability of perfected,valid and enforceable first priority security interest the Contract or render it less valuable than it appears on Its In the Vehicle according to applicable law. face to be; (b) It is expressly acknowledged,understood and agreed by Dealer (b) The Contract Is not in default and has not been backdated; and UACC that Dealer is ultimately responsible for the lien perfection required hereunder Without regard to where the (c) Dealer has obtained permission from the Customer to forward vehicle will be registered and without regard to whether the Customer's credit Information to UACC and permission for Customer has the ability to perfect the lien by him or herself. UACC to verify the Customer's credit, including obtaining the Failure to properly perfect a valid first priority security interest Customer's credit report; any credit Information supplied to In favor of UACC constitutes a Repurchase Event pursuant to UACC by Dealer as to the Customer Is true, complete and Section 71a)below. accurate; 4. Dealer's General Representations and Warranties. (d) The Vehicle described In the Contract and all optional equipment, goods and services to be delivered, or otherwise As of the Effective Date of this Agreement and continuing during the life associated, with the Vehicle have been delivered to and of this Agreement,Dealer hereby represents and warrants as follows: accepted by the Customer, and title to the Vehicle has never been branded (including, without limitation, salvage, rebuilt, (a) Dealer Is duly organized and Is currently (and will remain) in manufacturer's buy-back,junk, grey market or lemon law) or good standing In the state of Its Incorporation or organization, subject to any laws regarding the same, nor has the Vehicle and Dealer is a duly qualified foreign corporation or been used for commercial transportation or by law organization In all jurisdictions in which it is required to be so; enforcement agencies; (b) Dealer has taken all necessary steps to enter into this (e) The down payment was paid In full, either in cash, check or Agreement;if Dealer Is a corporation, limited liability company certified funds from the Customer prior to UACCs purchase of or other legal entity,It has obtained all necessary approvals and the Contract(except for a manufacturer's rebate,if applicable) consents of Its Board of Directors and/or Its members,as well or In trade equity,In each case exactly as reflected In the down as all other consents or approvals legally necessary to enter payment section of the Contract; no part of such payment was into and execute the terms of this Agreement and carry out the loaned by Dealer or any other person or entity and no part was transactions contemplated hereby; otherwise provided directly or indirectly by,or is the result of any other assistance of, Dealer, Dealer properly handled or (c) Dealer is properly licensed to finance and sell motor vehicles disposed of any down payment or trade-in or the proceeds and any additional products or services sold with the Vehicle.if thereof as agreed with the Customer, but no part was paid or Dealer conducts business under a fictitious tradename,d/b/a or rebated to the Customer. It Is expressly acknowledged, partnership,It Is and will remain In good standing In the state of understood and agreed by Dealer and UACC that a credit card, its formation,it has obtained all required authorizations of its check drawn on a credit card account or any other credit partners and will remain In compliance with all applicable laws transaction Is not a valid form of down payment hereunder. relating to conducting business under a fictitious tradename or Except for the down payment, Dealer has not received any d/b/a or as a partnership; monies that Dealer has not transferred to UACC with the Contract.The Customer has not agreed to make any payment (d) Dealer's business practices and operations comply with all to Dealer that Is not disclosed In the Contract,and Dealer has applicable federal, state and local laws, regulations and not entered Into an oral or written hold check or similar ordinances, Including, but not limited to, the Fair Credit agreement with the Customer; Reporting Act, Fair and Accurate Credit Transactions Act (including Red Flag Rules) ("FACIA"), the Gramm-Leach-Bliley (f) Dealer has not entered into any agreement(written or oral)or Act (the the Equal Credit Opportunity Act and arrangement with the Customer,made any entries on the face Regulation B,the Truth-in-Lending Act and Regulation Z, FTC of the Contract, taken any other action that has the effect of UACC Form 607-ii/10-Previous ediffons MAY NOT be used Page 2 of 8 inflating the value of any trade-In reflected in the Contract nor with respect to any matter relating to the Contract,the Vehicle has Dealer agreed to a trade-in value which is greater than the or the related transactions; actual cash value(the"ACV")of the trade-in vehicle; (1) Commencing with the date on which the Vehicle is delivered to (g) There is only one Contract in connection with the sale of the the Customer,the Vehicle was insured pursuant to a policy on Vehicle to the Customer and an exact, completely filled-in which UACC is named as loss payee and with a carrier and upon legible copy of the contract was delivered to the Customer prior terms, including, among others, amount,deductibles,scope of to the time of its execution. Dealer has, prior to execution of coverage,as are in full compliance with Section 2(b)(iii) above the Contract, provided Customer with a completely filled-in and with all other UACC requirements. All other conditions unexecuted translation of the Contract in the language in which established by UACC for purchase of the Contract have been negotiations were conducted. To the extent a Contract has satisfied, and Dealer has timely paid any premiums or charges been negotiated in a language other than English, Dealer shall to any insurance or other companies for any Products; inform UACC of such fact and shall provide UACC with a copy of the translated version of the Contract and copies of all other (m) At the time of Contract signing,Dealer completed all forms and agreements or documents related to the Contract that were documents necessary to perfect a valid and enforceable first given to the Customer; priority security interest of UACC in the Vehicle as required by applicable law,and Dealer took all actions and forwarded such (h) All types of insurance,warranty,service contracts,gap waivers, signed documents(together with the appropriate fees)to those GPS devices and other products and services provided or public officials responsible for issuing the certificate of title or arranged by Dealer for the Customer as reflected in the registration within the earlier of (1) the time required under Contract (collectively, the"Products") comply with all applicable state law for perfection or(ii)30 days from the date applicable laws and regulations,and the purchase price of such of Contract.Dealer has taken all other steps required to perfect Products represents the fair retail market value of such such lien or security interest in UACCs name. Dealer further Product, has not been overstated or inflated In any way, and warrants, and is responsible to ensure, that UACC's perfected represents the price for such Product imposed by Dealer in cash first priority lien will not be voidable by any person or entity, sales of such Products. Dealer and/or its applicable employees including, without limitation, a trustee in a bankruptcy have all required licenses concerning the foregoing Products. proceeding; Dealer has performed all obligations and services including,but not limited to, submitting the required funds and completed (n) Dealer did not charge Customer for filing fees or other costs applications to the provider of such Product; furthermore, paid by Dealer to public officials to perfect UACCs security payment for any third-party warranty or service contract must interest in the Vehicle,except where allowed by law;Dealer did be remitted by Dealer within 30 days of the Contract date; not charge the Customer for any other fees, including documentary or processing fees,that Dealer does not charge in (i) The Contract and each other instrument executed in comparable cash transactions, other than disclosed amounts connection with the sale of the Vehicle to the Customer and all consistentwith Section 5(i)above; signatures thereunder are genuine, each such instrument has been duly authorized and executed, all parties thereto have (o) The Customer has no legal or equitable defenses,rights of set- majority status with full legal capacity and competency to off or counterclaims with respect to the enforcement of the contract and such instrument is valid, binding and enforceable Contract arising in any manner or to any extent from any act or in accordance with its terms against all parties thereto, except omission of Dealer, as enforcement may be limited by bankruptcy and similar laws affecting creditor's rights generally. The signatures of the (p) Dealer is not aware of any fact or circumstance that would Customer(s) on the Contract have not been procured or indicate that the Contract is not valid, enforceable or induced by duress or undue Influence; collectible; (j) Dealer has fully and timely complied with all laws governing or (q) Dealer neither (i)obtained possession of the Vehicle nor applicable to the Contract,the Application,all other documents (ii)effected the sale of the Contract to UACC through the use of signed by the Customer or submitted to UACC, as well as the any fraudulent scheme,trick or device. Vehicle and all aspects of the sale of the Vehicle to the Customer, including, without limitation, the Federal Lending (r) The cash price of the Vehicle as shown on the Contract is the Regulations, the Magnuson Moss Warranty Act, any and all "cash price"as defined by applicable federal and state law;the applicable laws of the state wherein the Contract was executed purchase price of the Vehicle is equal to the price charged by and any and all other applicable federal, state and local laws, Dealer for substantially similar vehicles in cash transactions and rules and regulations, Including, among others, lending and was not increased because (1)the Vehicle was sold in a credit privacy laws; transaction, (ii)the Vehicle was sold to a member of a protected class as defined under state or federal law, (Iii)the (k) Dealer has made no false, inaccurate, untrue or misleading Contract was to be purchased by UACC at a discount (an representations, warranties, statements, claims or comments amount which is less than the Amount Financed reflected in the to the Customer regarding the finance charge, the price, Contract), (iv)a fee is required to be paid by Dealer to UACC, quality, manufacturer's warranty, Dealer's warranty, any (v)there was negative equity on any trade-in vehicle reflected Product or any other misleading statements to the Customer in the Contract or(vi)the trade-in value given for any trade-in vehicle was greater than the ACV for such vehicle;and UACC Form 607—11110—Previous editions MAY NOT be used Page 3 of 8 may be obtained from anyone of the Customer's choice.Dealer (s) Dealer's sale of the Vehicle to the Customer was not induced or agrees to comply with UACC's policies and procedures caused to any extent by any fraudulent,deceptive,dishonest or regarding the administrator, underwriter and price of any misleading statement,act,omission,scheme,trick or device by extended warranty, mechanical breakdown protection or the Customer,whether acting alone,in concert with or with the service contract. Dealer further agrees to cancel any such knowledge of Dealer's employees and was not the result of any contracts on the Customer's written request and to remit or identity theft, identity misrepresentation or use of an alias by cause the administrator or underwriter thereof to remit and the Customer,whether acting alone or in concert with or the refund the purchase price of such contract to UACC within 30 knowledge of any of Dealer's employees. days of cancellation. Any extended warranty, mechanical breakdown protections or service contract will also provide that Each of the general and specific warranties, representations and UACC shall also have a security interest in any refund, which covenants in both this Agreement and in the Assignment(i)are material security interest will be superior to the interest of any other to the purchase of any Contract which presently has been or will be person.Dealer agrees that it will act in good faith to resolve any purchased in the future by UACC or its subsidiaries or affiliates, (ii)shall customer disputes concerning any Products sold, financed or be deemed restated each time UACC or its subsidiaries or affiliates discussed in connection with a Contract. acquires a Contract from Dealer and (ill)are cumulative. If there Is any inconsistency between this Agreement and the Assignment, then this (e) insurance.At the time the Contract is purchased by UACC or a Agreement shall control. Such warranties, representations, agreements subsidiary or affiliate, Dealer will provide UACC written and covenants will not be considered waived if UACC or its subsidiaries or evidence (i)of physical damage insurance (with deductibles) affiliates purchase any Contract with knowledge that the warranty, covering the Vehicle against comprehensive, fire, theft and representation or covenant is breached. collision losses and which is fully compliant with all requirements of UACC (including Section 2(b)(iill above) and 6. Continuing Dealer Obligations (1i)that UACC is the secured party and loss payee. (a) Licenses & Records. Dealer and each of Dealer's employees (f) Authority.Dealer represents and warrants as of the date of this currently have, and will continue to maintain, all licenses, Agreement and as of the date of each sale of a Contract to business permits and other operating authorizations required UACC or a subsidiary or affiliate that: (i) this Agreement and by law.Dealer shall retain all records required by applicable law each Contract and Assignment and each other document signed for the periods required by applicable law. by Dealer have been duly authorized, executed and delivered by Dealer and are binding upon and enforceable against Dealer (b) Advertising and Promotion. Without UACC's prior written in accordance with their respective terms;the signature of one consent, Dealer will not (1) issue any external announcement, duly authorized officer is sufficient to bind Dealer to this press release,communication or advertising,whether verbal or Agreement and any assignments of Contracts and other written, in any way pertaining to UACC or its affiliates or the documents;(ii)all required actions necessary to enter into this subject matter of this Agreement; or (ii) use or refer to any Agreement have been taken; (iii) Dealer is duly organized, name, mark or other trade identity of UACC or any of its validly existing and in good standing under the laws of the state subsidiaries or affiliates in any advertisement,promotion,press of its organization;(iv)Dealer is qualified to do business and is release or other communication of any type. in good standing in each state where it does business; and (v)Dealer is not subject to any consent decree or regulatory (c) Fees and Taxes. Dealer will promptly forward to the proper restrictions that are not applicable to dealers generally.Dealer authorities all federal, state and local fees and taxes due In further agrees that, regardless of any resolution or signature connection with the sate and/or registration of each Vehicle. authorization, UACC may rely on any action, signature or Dealer acknowledges and agrees that when assigning Contracts endorsement,whether or not by a representative,employee or to UACC, Dealer is also selling, assigning and transferring to agent of Dealer, that UACC has no obligation to confirm any UACC Dealer's entire right, title and interest In and to all bad person's authority to act on Dealer's behalf and each purchase debt sales or use,gross receipts,transaction privilege or other of a Contract by UACC or its subsidiary or affiliate constitutes tax refunds,deductions or credits with respect to any Contract Dealer's ratification of the actions,signature or endorsement of balances that are charged off, and Dealer authorizes UACC to any person.Dealer agrees to indemnify and hold UACC and its take any and all necessary action to collect tax refunds, affiliates and subsidiaries harmless from and against any and all deductions or credits with respect to any Contracts purchased actions, claims, losses, liabilities, damages and expenses, hereunder. including,without limitation,attorneys'fees,arising out of the foregoing. (d) Goods.Services or Ancillary Products.Dealer agrees that Dealer shall be solely responsible for(i)the quality and condition of (g) Anti-Money Laundering and Suspicious Activitv. Dealer the Vehicle and any Products sold in connection with any acknowledges and understands that UACC is obligated to Contract and(ii)any statements,promises,actions or omissions comply with the provisions of the USA Patriot Act of 2001 concerning the sale or attempted sale of any Products sold, (the"Patriot Act")and the regulations enacted by the Office of financed or discussed in connection with any Contract. Dealer Foreign Assets Control ("OFAC"), which include, but are not will inform the Customer that no insurance coverage or gap limited to, filing Suspicious Activity Reports and establishing a waiver coverage or other products or coverage are required to Customer Identification Program. Dealer agrees to cooperate obtain credit, other than comprehensive and collision with UACC in this regard by providing appropriate notices to insurance,and that any Insurance,gap waiver or other product applicants as required under the Patriot Act and OFAC UACC Form 607-11/10—Previous editions MAY NOT be used Page 4 of 8 regulations and such other information reasonably requested and shall utilize Dealer's best efforts to resolve any dispute by UACC so as to comply with the Patriot Act and OFAC regarding claims covered by such warranty or service contract. regulations.Additionally,Dealer agrees to use its best efforts to detect and prevent money laundering, the financing of (m) Assigned Contracts: Receipt of Monies. With respect to any terrorism schemes and other suspicious activity and to report Contract previously assigned to UACC, Dealer will not(i)make any such activities to UACC and the appropriate agencies, payments on such Contracts, (ii)repossess or consent to the including detected or attempted fraud and identity theft. return of any property which Is the subject of any such Contract and/or(iii)modify the terms of any such Contract.Additionally, (h) Notice of Dealership Changes. Dealer shall give notice to UACC Dealer will relinquish,in any manner or form required by UACC, of any material or significant change In the ownership, any monies paid by the Customer to Dealer under such structure or business of Dealer, including, without limitation: Contracts,unless Dealer has already repurchased the Contract. (i)the death of a principal, whether a shareholder, general partner, member or owner; (ti)a dissolution, insolvency, 7. Dealer's Obligation to Repurchase bankruptcy,reorganization, merger or consolidation;(iii)a sale of assets or stock;(iv)a conversion to another legal structure or If any of the events enumerated in (a) through (f) below occur in type of business;(v)a change of any fictitious name or d/b/a; connection with a Contract purchased pursuant to this Agreement, or (A)cessation of business for any reason whatsoever. Such Dealer unconditionally agrees to repurchase from UACC,within ten notice shall be provided thirty(30)days prior to such change or, (30)days of written notice to Dealer by UACC,any such Contract at If unknown to Dealer prior to the change,then within five (5) the price set forth in this Section 7. days after knowledge of such change. In accordance with Sections 11.4 and 12.6 below,the terms of this Agreement and (a) Dealer either fails to perform any of its obligations under this the obligations and liabilities related hereto will survive any of Agreement or breaches any representation, warranty or the events listed above and, without further action, will covenant with respect to the Contract. become binding upon any Dealer successor, assignee or (b) Dealer breaches any express or Implied warranty related to the surviving entity,as applicable. Vehicle or the Contract. (1) Privacy nd Information Security. Dealer shall not make any (c) The Customer fails to pay any remaining or deferred down unauthorized disclosure of or use any non-pubilc personal payment specified in the Contract. Information of Individual consumers which it receives from (d) The Customer defaults in the payment of the first regularly UACC (or on UACCs behalf) other than to carry out the scheduled monthly payment under the Contract for any reason purposes for which such information Is received; Dealer shall whatsoever. implement reasonable security measures to safeguard such non-public personal information. Dealer shall comply in all (e) Dealer either backdates the Contract or fails to disclose to respects with the applicable requirements of the GLB and with UACC the existence of a "straw purchase" in which the the privacy laws and regulations of the state in which it is Customer purchases the Vehicle on behalf of a third party. located.Without limiting the foregoing,UACC and Dealer agree (f) The Customer files a lawsuit or demand for arbitration naming that neither is engaged in a joint marketing relationship under UACC as a defendant and seeking or praying for rescission of the GLB and that the services, if any, provided under this the Customer's Contract or any other legal or equitable relief Agreement are provided solely In connection with the against UACC,arising in any manner or to any extent from any processing of transactions at the Customer's request. Dealer alleged violation of law,breach of contract,breach of warranty also agrees to comply with the Red Flag Rules contained in or other act or omission by Dealer,regardless of the merits or sections 114 and 315 of FACTA by maintaining an effective lack of merits of such allegations. Identity Theft Protection Program for all covered accounts. Any default under the preceding clauses(a)through(f),and UACCs (j} Notices_to Applicants. Dealer shall notify each applicant in any rights wl espect thereto,shall not be subject to any notice or cure proposed transaction that such applicant's credit application is period. being submitted for credit review to UACC at: 18191 Von Karman Avenue,Suite 300,Irvine,CA 92612,or any other office (Dealer Initials) designated by UACC,and Dealer shall inform each applicant of in the event UACC demands repurchase of any Contract purchased UACCs credit decision. from Dealer pursuant to this Agreement,the repurchase price shall (k) Agency.Dealer is not UACC's agent and will not represent that be the Customer's outstanding liability in the event of prepayment It is an actual or ostensible agent or representative of UACC for of the Contract,including,but not limited to,late fees,repossession expenses and/or storage fees, less any unearned portion of the any purpose whatsoever. finance charge specified in the Contract.The repurchase price shall (1) Vehicle Service. Dealer will provide complete and adequate assume no recovery from disposition of the Vehicle after repossession and shall not be affected by the physical condition of service at commercially reasonable prices, including warranty the Vehicle. All Contracts repurchased by Dealer under this wean, for each Vehicle, In conformity with any express Agreement shall be reassigned to Dealer,without recourse to UACC warranty given to the Customer, all applicable_ consumer and without warranties or representations from UACC, neither warranty laws, the standard practices in the industry, any express nor implied. Dealer agrees not to delay paying the extended warranty or service contract sold to the Customer repurchase price on any Contract for any reason, including a legal dispute that may have been commenced by the Customer or a UACC Form 607-t MO-Previous editions MAY NOT be used Page 5 of 8 pending insurance claim.UACC shall have no obligation to repossess their respective facsimile number, as the case may be, or such other the Vehicle referenced in a Contract In default as a condition to address or facsimile number provided by the other Party.Dealer agrees requiring Dealer to repurchase the Contract under this Section 7. to receive announcements, written Instructions, guidelines, bulletins, Dealer further agrees that repossession and sale of the Vehicle by program sheets, notices, advisories, letters and any other UACC shall not be deemed an election of remedies and that Dealer communications from UACC (collectively, the "Administrative shall pay any resulting deficiency balance. Communications") via (1)facsimile transmission at the facsimile number set forth below Dealer's signature hereto,(11)any other facsimile number 8. UACCs Right to Offset provided by Dealer to UACC for this purpose,(III)posting at a website or (iv)transmission through other internet or electronic connection. Dealer agrees that, without any notice or demand to Dealer, UACC has the ongoing right to deduct from any funds or proceeds due to Dealer for 11.2 Termination. UACC or Dealer may terminate this Agreement upon any Contract purchased or to be purchased hereunder,or otherwise,any written notice to the other Party.The termination of this Agreement will and all amount(s) owed by Dealer to UACC, whether under this not release UACC or Dealer from any obligations Incurred with regard to Agreement or otherwise,including,without limitation,any repurchase or a Contract purchased prior to receipt of such notice.This Agreement shall charge-back amounts payable to UACC upon the occurrence of a automatically terminate upon Dealer's Insolvency, the filing of a Repurchase Event pursuant to Section 7 above, refunds of fees paid for bankruptcy petition, an assignment for the benefit of creditors, the any Products, overpayments or other amounts or any obligations of appointment of a receiver,the attachment,execution or court-ordered Dealer pursuant to this Agreement.The Parties agree that UACC is not sale of the assets of Dealer,the sale of all or substantially all of Dealer's obligated to pursue other available remedies prior to exercising Its right stock or assets or any other proceeding that impairs the credit or of offset under this Section 8 and that UACCs rights pursuant to this business of Dealer and/or creates uncertainty with respect to UACCs Section 8 are cumulative of UACCs other rights under this Agreement. commitments to Dealer. 9. Dealer's Compliance with UACC Policies 11.3 Entire Agreement. The term "Agreement" means this Dealer Agreement, any addenda, supplements, amendments and any Dealer agrees to abide by the terms and conditions of UACCs policies, Administrative Communications issued from time-to-time. This procedures and guidelines regarding its Contract purchase methodology, Agreement constitutes the entire agreement between Dealer and UACC including required stipulations, documentation and other Information with respect to the subject matter hereof, supersedes all prior oral or required by UACC for the purchase of Contracts from Dealer. Dealer written negotiations and agreements and shall affect and apply to all agrees that UACC may, from time-to-time, amend such policies, Applications,Contracts,vehicles and related transactions covered by any procedures and guidelines. Such modification or amendment shall be other such agreements. effective upon UACCs compliance with the notice provision of this Agreement. 11.4 Survival. Each Parry agrees that any and all of such Party's agreements,warranties,representations,liabilities and obligations under 10. indemnification this Agreement or under any Contract or Assignment,including,without limitation,those concerning indemnification, repurchase,charge-back or Dealer agrees to defend, Indemnify and hold harmless UACC and Its payment, shall survive the purchase of any Contract by UACC or its directors, officers, employees and agents from and against any and all subsidiary or affiliate, the repurchase of any Contract by Dealer and/or Customer or third-party actions, claims, lawsuits, arbitrations, the termination of this Agreement. administrative claims, losses, liabilities, costs, expenses, obligations, settlements, judgments and damages (including, but not limited to, 11.5 Governing Law/Severability.This Agreement is governed by the laws Interest, penalties, punitive damages If permitted by law, reasonable of the State of California, without giving effect to its conflicts of laws attorney fees and other costs) UACC incurs in connection with the principles. Any action or proceeding arising out this Agreement, Contract,Vehicle,any of the Repurchase Events enumerated In Section 7 Including, but not limited to, actions related to the formation,validity, above and/or any other act or omission of Dealer. If UACC so chooses, interpretation or alleged breach of this Agreement shall be brought UACC may employ attorneys of its selection, without the approval of against the Parties in the State of California, County of Orange. The Dealer,to represent and defend UACC with respect to any of the above Parties consent to the jurisdiction of such courts In any such action or events, and Dealer shall be responsible for payment of the reasonable proceeding and waive any objection to venue laid therein.Any provision fees and expenses of such attorneys. Dealer's obligation to Indemnify of this Agreement that may be prohibited by law or found to be UACC under this Section 10 will apply regardless of whether the third- unenforceable shall be Ineffective to the extent of such prohibition or party claim arises in tort,contract,negligence,strict liability or any other unenforceability without invalidating the remaining provisions hereof. theory of liability,except for those Customer or third-party claims that allege wrongdoing, fault or negligence solely by UACC. Dealer's 11.6 Successors and Assignment. This Agreement shall inure to the obligations under this Section 10 shall survive the termination of this benefit of and be binding upon the respective successors, legal Agreement. representatives and assigns of the Parties. However, Dealer shall not assign the rights and obligations of Dealer under this Agreement without 11. Miscellaneous the prior written consent of UACC.UACC may assign this Agreement,and may assign or refer any or all applications and/or Contracts(or Dealer's 11.1 Notices and Other Communications. All notices required or offer to sell any or all Contracts)to any subsidiary or affiliate of UACC or permitted under this Agreement shall be In writing and will be deemed to any third-party (" si nee"). Any such assignment or referral may given(i)when sent,whether by regular mail,postage prepaid or(ii)when occur at any time,including,without limitation,after UACC purchases a delivered or transmitted by overnight carrier or facsimile transmission,to Contract or at the time Dealer submits a credit application to UACC,in the address of each Party set forth below their respective signatures or to which case the Assignee may review the application and purchase the UACC Form 607—11110—Previous ediYons MAY NOT be used Page 6 of 8 Contract.Dealer might not receive notice of any such assignment.Dealer 11.13 Modification of Agreement.The terms of this Agreement shall not agrees that all of UACCs rights (and Dealer's obligations) under this be waived, altered, modified, amended or supplemented except by a Agreement, including, without limitation, Dealer's obligations and written instrument signed by a duly authorized representative of UACC liabilities with respect to Indemnification, repurchase and breaches of (except any Administrative Communications).if Dealer,after notification representations,warranties and covenants, will inure to the benefit of, of a change in terms via any such Administrative Communication, and may be enforced by, any such Assignee with regard to any such thereafter submits an Application or a Contract to UACC(or an affiliate) referred or assigned Contract or application. Any obligation of, or any for purchase, such submission shall constitute Dealer's agreement to function.to be performed by, UACC under this Agreement may, at the such terms. Notwithstanding the foregoing, this Section 11.13 shall not sole option of UACC, be delegated to and performed by an agent, limit Section 11.11 above. assignee, subsidiary, affiliate or delegate of UACC (which shall not be Dealer). 11.14 Attorney's Fees.The prevailing Party in any action or proceeding arising out of the formation, validity, interpretation, alleged breach or 11.7 Remedies.The remedies under this Agreement are cumulative and enforcement of this Agreement shall be entitled to recover all costs and are in addition to any remedies at law or in equity. No course of dealing reasonable attorneys'fees from the other Party. between Dealer and UACC or any delay or failure on the part of UACC in exercising any rights under this Agreement shall operate as a waiver of 11.15 Books Records and Additional Documents. Upon notice to Dealer, any of UACCs rights hereunder,except to the extent expressly waived in UACC may inspect from time-to-time during normal business hours writing by UACC. Dealer's books, records and files with respect to Customers, proposed Customers,the Vehicles and the Contracts.In addition,Dealer agrees to 11.8 Further Assurances. Upon UACCs request, Dealer shall promptly provide UACC with all information and documentation that UACC may correct,sign or deliver any inaccurate,incomplete or missing Contracts or reasonably require from time-to-time, including, without limitation, other documents required by UACC,and Dealer shall also deliver to.UACC evidence of Dealer's compliance with its representations, warranties, such other assurances or instruments as UACC deems necessary to agreements and obligations under this Agreement.',he authorizations set confirm or perfect the interest of UACC in the Vehicle, any Contract forth in this Section 11.15 and in Section 11.17 below extend until all purchased by UACC and/or other Products described in the Contractor to: obligations subject to this Agreement are extinguished. otherwise carry out the intentions of this Agreement: 11.I6 Jury Trial Waiver. UACC and Dealer herebyi waive, to the fullest 11.9 Counsel and Interoretation. Each Party hereto acknowledges and extent permitted by law,any right to a Jury trial In any legal proceeding agrees that it has had the opportunity to be represented by independent or litigation arising out of,under,relating to,or in;connection with,this counsel of its own choosing throughout the negotiation of this Agreement or the transactions contemplated hereby. Agreement; each such Party hereby confirms that it has executed this Agreement with the consent and upon the advice of said independent .11.17 Dealer Consent. Dealer acknowledges that UACC may investigate counsel.Accordingly,It is agreed that any legal rule of construction to the Dealer's credit worthiness, and in connection with such review, Dealer effect that ambiguities are to be resolved against the drafting Party shall authorizes UACC to review Dealer's credit history` and to contact any not apply to the interpretation of this Agreement or any addenda, third-party (including, without limitation, banking;and flooring finance amendments,additions or supplements hereto. references)it deems necessary. 11.16 limitation of Liability.Notwithstanding any other provision of this 11.18 Authorized 5ienatanr,The undersigned represents and warrants Agreement,Dealer hereby waives any claim against UACC for Lost profits, that he/she has the authority to bind,and sign on behalf of,each Dealer loss of income,consequential and/or incidental damages arising from any set forth below and on Appendix A.if any. act or omission of UACC,its subsidiaries or its affiliates in connection with IN WITNESS WHEREOF, the Parties hereto have executed this this Agreement, including, but not limited to, any termination of this Agreement as of the date set forth opposite each beater's name below Agreement.It is understood and agreed that UACC shall be obligated for or on Appendix A.as applicable("Effective Date") performance of this Agreement solely with respect to .Applications meeting UACCs criteria received by, or on behalf of, UACC, as well as Dealership Legal Name: � t� Contracts purchased by UACC hereunder. (additional Dealership Parties,if any,set fo h on Acoendix A) 11.11 Effect of Modification of Contracts by UACC. Dealer agrees that p jg jA(if ay): UACC.may,without notice to Dealer,extend the due dates of payments due under any Contract previously assigned by Dealer to UACC, amend By Date: 0/d the Contract or otherwise deaf with the Customers, including collection t efforts, in UACC's sole discretion. Any such extension, modification or Name: l amendment shall have no effect on Dealer's obligations under this Agreement. Title: tr l 11.12:Waiver. Any failure or delay by UACC to exercise any right to. UNITED AUTO RED[ C PCtRATION remedy any breach hereunder shall neither constitute a waiver thereof nor otherwise Impair such right or remedy. Any waiver of a breach or i provision of this Agreement must be in writing, shall not constitute a By. waiver of any other breach or provision concerning the same or any other provision of this Agreement and will not act as a waiver of a future Name:_ ; breach of such provision. Title:' UACC form 607—11110—Previous editions MAY NOT be used Page 7 of 8 Exhibit "B" CREDIT CORPORATION United Auto Credit Corporation Personal and Continuing Guarantee 1 This Personal and Continuing Guarantee r `1 1'� g ntee(°Guara�fitee")is made by �^ �n� each ("Guarantor") in favor of United Auto�Credit�Corporation, ("UACC"), in consideration of and as a in ucement t UACC to enter into the Dealer Agreement dated 1-'e�. `'1 1 o between UACC and ("Dealer"). Guarantor unconditionally,unconditionally, personally and individually, guarantees the prompt full payment and performance of all indebtedness, obligations, conditions,covenants and agreements of Dealer that are or may become due and owing to UACC, including but not limited to, all obligations arising out of the Dealer Agreement or any other agreement between Dealer and UACC as if the Dealer Agreement and any other agreement was signed between Guarantor and UACC. Guarantor agrees to pay all of UACC's costs,expenses and reasonable attorney's fees Incurred in enforcing the obligations, covenants and agreements of Dealer in the Dealer Agreement and other agreements between UACC and Dealer or incurred by UACC in enforcing this Guarantee. Guarantor agrees that this Guarantee will not be affected in any way by the modification,extension,or renewal of any agreement between Dealer and UACC,the granting of extension of the time for payment, the filing by or against Dealer of bankruptcy,insolvency, reorganization,or other debtor relief afforded Dealer under the federal Bankruptcy Code,or any other state or federal statute or by the decision of any court. Guarantor may terminated his, her or its obligations under this Guarantee as to then future transactions between Dealer and UACC only by registered or certified mail,or federal Express with Signature required;however such termination shall not affect such Guarantors liability under this Guarantee with respect to any obligations of Dealer to UACC Incurred prior to UACC's receipt of such notice,and shall not affect the continuing liability of any other Guarantor that has not given such notice. Guarantor waives notice of the acceptance of this Guarantee,presentment,protest,notice of protest and any and all demands for performance or any and all notices of non-performance that might otherwise be a condition precedent to the liability of Guarantor under the Dealer Agreement or other agreement,and Guarantor covenants and agrees that UACC may proceed directly against Guarantor, without first proceeding or making claim or exhausting any remedy or any security Interest against Dealer or pursuant to any particular remedy or remedies available to UACC. Guarantor also waives all rights of subrogation, contribution, and indemnification that it has or may have against UACC or Dealer. Guarantor agrees to pay UACC within ten(10) days of a demand for payment, any and all sums owed by Dealer to UACC under the Dealer Agreement or otherwise. Guarantor hereby waives all rights of subrogation,reimbursement,indemnification,and contribution and any other rights and defenses that are or may become available to the Guarantor or by reason of California Civil Code Sections 2787 to 2855,inclusive. Guarantor waives all rights and defenses that Guarantor may have because the Dealers debt is secured by real property. This means,among other things: UACC may collect from Guarantor without first foreclosing on any real or personal property collateral pledged by Dealer or any third party. If UACC forecloses on any real property collateral pledged by the debtor any third party: The amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale,even if the collateral is worth more than the sale price. UACC may collect from Guarantor even if UACC, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from Dealer or third party. This is an unconditional and irrevocable waiver of any rights and defenses Guarantor may have because Dealers debt is secured by real property. These rights and defenses include,but are not limited to,any rights or defenses based upon Section 580a,580b,580d,or 726 of the California Code of Civil Procedure. Guarantor waives all rights and defenses arising out of an election of remedies by UACC,even though that election of remedies,such as a non- judicial foreclosure with respect to security for a guaranteed obligation, has destroyed Guarantors rights of subrogation and reimbursement against Dealer or third party by the operation of Section 580d of the Code of Civil Procedure or otherwise. Guarantor further waives any defense arising from any alleged incapacity of Dealer to execute the documents guaranteed hereunder,any defense based upon the expiration or claimed expiration of the statute of limitations,whether as to any of the obligations guaranteed hereunder or as to this Guarantee;any defense based upon the unenforceability or Invalidity,or claimed unenforceability or invalidity,of any of the documents or obligations guaranteed hereunder; any defense arising from UACC's failure or alleged failure to proceed first against Dealer, or against any UACC Form 608-5109-Previous Editions MAY NOT be used Page 1 of 2 collateral security pledged to secure the obligations guaranteed hereunder,or to pursue any other remedy In UACC's power whatsoever,and any requirement for the marshalling of assets. Guarantor hereby waives notice of default and nonpayment,and consents to any modification or renewal of the Dealer Agreement and other agreements between Dealer and UACC. Guarantor expressly agrees to be bound to the venue,choice of law,and other provisions as provided in Section 21.5 of the Dealer Agreement. This Guarantee is binding on Guarantor and Guarantor's heirs,personal representatives,and successors, and this Guarantee shall Inure to the benefit of the heirs, administrators, executors,successors, and assigns of UACC. If any provision of this Guarantee or the application thereof shall be Invalid or unenforceable, neither the remainder of this Guarantee nor the application of such provision to any other person or circumstances shall be affected thereby,but rather the same shall be enforced to the greatest extent permitted by law. This Guarantee shall be construed as a joint and several obligation of each of the undersigned Guarantors where there Is more than one. Guarantor agrees that any current or future indebtedness or obligations by Dealer to Guarantor will always be subordinate to any indebtedness or obligations owed by Dealer to UACC. Where Guarantor Is an individual,Guarantor agrees that all of his or her assets shall be subject to the performance of this Guarantee. Where Guarantor Is a corporation,partnership,or other association,Guarantor warrants and represents that it has such office and authority to bind the corporation,partnership,or other association to the obligations hereunder. This Agreement is governed by the laws of the State of California,without giving effect to its conflicts of laws principles. Any action or proceeding arising out this Agreement, including but not limited to, actions related to the formation, validity, interpretation, or alleged breach of this Agreement shall be brought against the Parties In the State of California,County of Orange. The Parties consent to the jurisdiction of such courts in any such action or proceeding and waive any objection to venue laid therein. Any provision of this Agreement that may be prohibited by law or unenforceable shall be Ineffective to the extent of such prohibiT;Q r unenforceabllity without invalidating the remaining provisions hereof. In witness whereof,Guarantor executed this Guarantee on C. `A 20 Guarantor Signature: 1 (` Print Name: SSN: � U4 l — .J� ADDRESS: t V�\ R\ vhf�ni t\N r Tel: - � Fax: Witnessed by:U ed ut Credit Corporation By: r/ I� Print Name: ,�R-� •QU Title: � 'Mn UACC Fonn 608-5/09-Previous Eddons MAY NOT be used Page 2 of 2 Exhibit "C" ♦ RETAIL INSTALLMENT SALE CONTRACT SIMPLE FINANCE CHARGE OeMer Number Gaaact Number ♦ Buyer N.... vlddnai Co-Burn Nana—Add.. C st -Saner(Name aM Add—) (InduticafyMad zip Cede) (Inducting COUny end Tip Code) Philadelphia Auto Superstore Inc. 4912 Knorr St 1571 E.Erie Ave. PNIadelpNa,Pa 19135 Philadelphia,PA 19124 You,the Buyer(and Co-Buyer,d any),may buy the vehicle below,for cash or on credit.By signing this connect you Moose to buy the vehicle on credilvnder me agreements an the front and back of this contract.You agree to pay the Creditor-Seller(sometimes''we"or'W in this contract)the Amount Flnancad and Finance Charge in U.S.funds according to the payment schedule below.We v4 figure your finance charge on a daily basis.The 7rulh-In{ending Disclosures below are pan of this contract. NewAlzeN I— Year end Model oar Walgnly Veldae ltlen Ilon Number Pmary Use Fin Which PUlarosed, Used 20D SiDeT4aA%35138592 V'�i5an81•lamiymnevsenob TOYO ASequofa_,A R54WD ❑�e� ❑agriMturai (:I FEDERAL TRUTHAW LENDING DISCLOSURES lnwran—wv may bra me ply0od iw ye owr- ANNUAL FINANCE Amount Total of Total Sale elm me mmmtl mmnms(see too)Mom.01. s PERCENTAGE CHARGE Financed Payments Price ro".°y xtro m°°.repot!.m ua lbu ere rot RATE Tiro data The amoum dl The amount you The mini 0.31 o1 mdmIt mby aryama twining toi-,pced. The msl of aaaum mro creea provided will haw paid octet y�ur purtlfass do ll airy Ysanim m axoad MebA,pdki,a ycur medal as aed'R wip m you r yin,nnw made all edit i.:mein "es imm tlw named rmaenpe ampanln win e ready M. cost YOU. wyour behaf, paymeas as your doer devabe tle arna ad nnCpora. hedulatl, paYPFP�oi Gem die lrwnnnyau.inlaid elg Wbin s E[L 50 is Optional Credit Insurance 21.00 Y $ 3025.78 $ 8500.00 S 11525.78 $ 17749.28 ❑clean tr:. ❑8yer❑cuevser ❑som Your.Pa ment Schedule Will Be: ❑Creep dsablpry levierGW1 Num.bera Artrodn[a When Payments Pmmimu moms Pa are Oue C_Lee i Mmmry beginn' Cmaf D'adfny f Or M Follows: beumnn Ctepamy Nana Nome Omm Milieus Late,I,. n payment q al PMO m Ida 61.ig gays ever p k duo You 0 WY a line thed I Ir Ina hitls is a n. inn 03 be motor whitle me dome wla be ax of the pen of the prymea fuel Is into Garin xa baaacs ag vest ar+May kaeew en eel 011endlur0.the Norge Fall be g%per mono a me pan a ay payment that m lam,g9wM Oas¢d m a NO sh m aMnd peAYOrde®on m bryv tot aryaaei Wenear mom b arty pan a a mono her is more then 10 days ine isatoo abvoN�ih1TY emmanaxiBnv m ahrmr PnprymelK It}w par Off an row daa Inuh,you 11 nil Mb to pay a penalty. m meveas sspwelPtta¢TMMxinolbepm4eadmlme Sepudy IMernL 1bu era gMng a security in—In M.whbb Wing Nndhesed. yin eta rM wine bpry me mina msL n1n1 dome Ills Atldleona Inlpmwtlan:age ena mI—for mine idwmseon Knowing infcrmadm about rvroaymem, me rml k stem b esrn eA a tla 4mdaam a demdl any remeed repirinln Mabelere me schaadedica.aidiewdty irit— As�mmitRaaad.Cw®Oeisaranlays emurysidpMa Tin A,mwnF etli Ee.aniwrabe prys oy.lae avwm Ym Mob nee tlya,peb alymr paytells m Ion nEMIZATION OF AMOUNT FINANCED Cmdl dismTry Wurau prys me sokmbd pwmanb em l gun Fetepbdllgf 1.080.00 ab,o.) s 14,580.00(1] �msue.mMardwNSyvemdsaple4Tlds hvuandpes psm�ay TN pieces stow mineralwb me nmtaa 1 tom Dmanpein , A WA WA hnmsre Nnn o arlCialn mmtryggee % Tim ab Iwmrio or vein ksulama pmMn Sea me TMeall n pddn o utlenalm br toampe imb a omv moo asp Gmmrrada-m Aacwama $ 0.00 mneipms Lass AP won twin ey sever 5 .00 EpualstletTmdeh S .con s $ WA ptrom aownpgmtem knwane,amerro�end n.ax bdoxt �223.�(h unwitaaanced Cash Rtre(tmiicI S In A omacnagnfnwdtg Amok—Paid.OnmsmYpureew Ottar Optional Insurance (seder may reap wnam,a emargq: ❑ A CaAaOpderul Ctedpkaaanw Pddmlwmsre Type allwwnca tam CompalyoConpein ParonnS UN term WA 3 Oasotpmd Caerege dnbiun Term S $ 0.00 B Omer Opfivol lnsunaaa Paid b 6aumrn Canpaya CVry+a9es Yemen.Cmoenl'Nana (tMSraibe) V51 Insurance Term 5 (Dess) Term 5 WA` home Ott C Olyda Fem Fadla Gmemmem Acendn to w S WA ❑ ro br $ WA type dlt,nnm Term to rot f� pin,I O Opema GOO Canton $ � Oaeoip!na Cinema E GoemmaO Tax,Ndlafuded in Cash Nor F 3--in Ucema ar6br Repbbation Fees msatmm 41.00 Corp.,Name s G Goermlml Certr of TWI Hmm Cmm Address rywluens eemay I."mmdg r,) $ 22.50 If OmarCMtges(Sepa rwa Metmty giro kpak and smnwkD�ry nidli iy= W wpm tutee dr wmme) ,=b,= Mrbme:ndl apaar4 pmasigipMmpn lad m Inr Prior Colo,Lemeaamrce S 0.00 mMSym riglem agnbpryaa mm ac ip ea er br oC ee S j,Da twain drag Yeumnu phegmtl ebva. m agora � aragon anertralrc m kr rag ee f .W B signature Om to bl essenger ee s-25VD s-------'� X Two anaaemesa,d I-Prd mom anMUr1,141 F 143.50 can s Amwml=r eis.q s ls) INS INSURANCE RS N INCLUDE URANCE ON YOUR LIABILITY FOR e Fwan Gage 6 578(6) BODILY INJURY OR PROPERTY DAMAGE T TdYaPaymnds-Tmea—(5.6) S M CAUSED TO OTHERS H you do not meet your contract obligations,you may lea.the vehlele. Pma 1 cM!of tic lm age m pig me[mN OFnON:❑You pay no fiance charge it the Amocnt Snared,item 5,is paid In run on of before %�boNetsi LT/cMi;pu gv¢m sdshanontl. Ynr_.sE1LER'S INfNLs OprpNAL GAPtDNiAAR Agapcmmact(EeN mrzDalMO km1ronheEroabmilaemaMwawine piarbM ordain yws�bebwamaere.m pay ine exit tlape ityou dame m awaoapm mina Gayekmawnm cram aoa»lurmdmaAa>am Exacta.sear.grP mnpad branemtm mina am wnmmadpwAnnk.pact ofee,mea into WA M. Nam.of Gad Contact i wuAb ml a PaP m�Mtl. stn"sgm 1t NO COOLING OFF PERIOD State law does not provide for a"cooling off"or cancellation period for this sale.After you sign this contract, you may only cancel It II the seller agrees or for legal cause.You cannot cancel this Contract simply because you change your mind.This notice does not apply to home solicitation sates. HOW THIS CONTRACTCAH 9ECHANGED.TNscdntadw e. r' pbetaa you'.i utelai btlxscentradWV dafgebtlflsoYnsadml6ibeinwn @rq andwe maul signd NOOral rhafges are gcdng. Buyer Sign o-Buya Signs It airy pan of as mntadt MtvaG4 all octet pars bay void.We may deoyarr "iomerllamp an D art dgMS Uida Nis amCA.t wiilom ks'mg Cem.Fa aamrf.e,we may attend Na Co.M making some payment wrgbul e»endng im ape krmakng others. YCUaMaiaemkobtainWomlatipn about ymorthere Ndeyouarebuy4imm me slate mokrvehide deparonerpaoilarmia veNde regisb fi authaiies. Seabackforother lmportanlagnothenoul. The Annual Percentage Rate maybe negotiable with the Seller.The Seller may assign this contract and retain Its right to receive a part of the Finance Charge. NOTICETO BUYER. DO NOT SIGNTHIS CONTRACT IN BLANK. YOU ARE ENTnO AN EXACT COPY OFTHE COtiTRACTYOU SIGN. TO PROTECTYOUR LEGAL RIGHTS. Buyer Sig' Date &14112 CcK9uyer Signs X - Date 8114/12 You agree to the teims of this contract.You confirm that before you signed this contract,we gave It to you, and you FP410 a d review .You confirm that you received a completely filled-in copy when you signed It.Buyer Signs a1d 2-Co-Buyer Signs X Data eoayeme.als.amtdwfmkr,pmeaomrpal,TTlTTtggqwwxmeendmeax.Anouarmm.rbacenon.+manmbuontroLTna oawr awneraaenmine aeadyieerm In mewnmi,veto min mkw OmnaaT.re AAtre Sena.F ine seam essipna ksimarenhtinemtnnm lASSlgxe)Wer meleme a W,e..2mememisl aim Sglbe. ❑Assign ❑ ❑Assignad vmngnhat reomne seta u de LAW FpRNNQ SSIPA v waa,.d A "^""°'^'°°"°"^°'°�a"'^•'°"'°^"""m'°" ORIGINAL UENHOLDER • OTHER IMPORTANT AGREEMENTS- 1. FINANCE CHARGE AND PAYMENTS'- '-c. -Youmay have to pay collection costs:If you default and a.--How we will figure Finance Charge.We will figure the we have to go to court to recover the vehicle,you will pay `Finance Charge on a daily basis,at the.Annual,'�_ the reasonable attprney's,fees'antl spurt cosis,as the law Percentage Rate on the unpaid part of the Amount pennits.Youwiilalsopayany mey'sfeas andcourtcosts Financed. a court awards us. b. How we will apply payments.We may apply each id. We may take the vehicle from you.If you deaaul[,we "------payment to the earned and unpaid part of the Finance - may take(repossess)-the vehicle-from you if we do so Charge,to the-unpaid part ofine Amount Financed and : peacefully and the9aw aiipv)s'iU,If.-your vehicle has an. "'• 'Ab-other amounts you.owe under this nontract'in any electronic tracking device;You agme that we may use the" order we chdose. - dedice to find the vehicle."li we'lake the vehicle,any c.-.How late payments or early payments change what accessories,equipment,and replacement pars will stay. you must pay.We based the Finance Charge,Total of, - wilh the vehicle.If any personal items are in the vehicle,we Payments,and Total Sale Price shown on the front on may store them for you at your�expense.If you do not ask for the assumptiomthat you will make every payment on these items back,we may dispose of them as the law allows. the day it's due.Your Finance Charge,Total of e. How you can get the vehicle back If we take It It we Payments.and Total Sale Price will be more if you pay repossess the vehicle,you may get it back by paying the late and less If you pay early.-Ch anges may take the _ unpaid part of the Amount Fif�anced�plus the earned and form of a larger or smaller final payment or,at our unpaid pan of the Finance C�arge,any late charges,and option,more or fewer payments of the same mount as any other amounts;lawlull due under the contract your scheduled payment with a smaller final payment. (redeem).Your right to redeem ends when we sell the We will send you a notice telling you about these-' vehicle.We will tell you how m1uch to pay to redeem. "changes before the final scheduled payment is due.. If we repossess the vehicle,we may,at our option,allow d. You may prepay.You may prepay all or part of the you to get the vehicle back before we sell it by paying all unpaid part of the Amount Financed at any time with- past due payments,late charges,and any other amounts- out penalty.If you do so,you must pay the earned and que because you defnitIted(rginstate).We will tell you if you unpaid part of the Finance Charge and all other may reinstate and how much to pay.if you may. amounts due up to the date of your payment. If you are in default for more Nan 15 days when we take the - vehicle,the mount you must pay to retleem or reinstate will 2 YOUR OTHER PROMISES TO US also include the expenses of hkM the vehicle,holding it, a. t the vehicle is damaged,destroyed,or missing. and preparing it for sale. 11 You agree to pay us all you owe under this contract -L We will sell the vehicle If you do not get It back.If you even if the vehicle is damaged,destroyed,or missing. do not redeem,or,at our option,reinstate,we will sell the b. Using the vehicle.You agree not to remove the vehicle 'vehicle.We will send you a'WHtten notice of sale before from the U.S.or.Canada_or to sell,rent,lease,or selling the vehicle. transfer any interest in the vehicle or this contract, We will apply the money from the sate,less allowed without our written permission.You agree not to expose expenses,to the amount you owe.Allowed expenses are the vehicle to misuse, seizure, confiscation, or _expenses we pay as a direct result of taking the vehicle, involuntary transfer.If we pay any repair bills,storage holding It,preparing t for sale,and selling it,as the law bills,taxes,fines,or charges on the vehicle,to the allows.Reasonable-attomay Ifees and court costs the law extent permitted by law you agree to repay the amount 'permits are also allowed expenses.If any money Is let when we ask for it. '(surplus),we will pay it to you unless the law requires us to e. Security Interest pay it to someone else.limoney fromthe sale is not enough You give us a security interest in: to pay the amount you owe;you may have to pay the rest • The vehicle and at parts of goods put on t; to us.If you do not pay the amount when we ask,we may • All money or goods received(proceeds)for the charge you interest at a rate not exceeding the highest vehicle; lawful rate until you ply: • All Insurance, maintenance, service, or other g. What we may "do about optional Insurance, contracts we finance for you;and maintenance,service,or other contracts.This contract • All proceeds from insurance, maintenance, "-" may contain charges for optional insurance,maintenance, service,or other contracts we finance for you.This service,or other contracts:h we demand that you pay all Includes any refunds of premiums or charges from you owe at once or vie repossess the vehicle,we may claim the contracts. --- benefits under these contracts and cancel them to obtain This secures payment of all you owe on this contract refunds of unearned chargeg td reduce what you owe or It also sacures'your other agreements in this contract 'repair then vehicle.It the vebx:6 is a total loss because it is You will make sure the title shows our security interest confiscated,damaged,or stofen,we may claim benefits (lien)In the vehicle. under these contracts and cancel them to obtain refunds of d. Insurance you must have on the vehicle. unnamed charges to milycelwhot you owe. • You"agree to have physical damage insurance h:Summary Notice Regarding Prepayment,Rebate of covering loss of or damage to the vehicle for the tans Finance Charge and Reirietstement;You may prepay all of this contract The Insurance must cover our entire int erest in the vehicle as well as yours.If you do not or part of the amount you oars under this contract without have this Insurance,we may, t we Choose, buy .penalty.If you do so,you Dolly have to pay the named and "physical damage insurance.If we decide to buy unpaid part of the finance charge and all otheramountstlue physical'damage Insurance,we will buy Insurance that up-to the date of your payment. Unearned finance covers your interest and our interest in the vehole.We charges will not be he ated under this contract will tell tell you the charge you must pay.The che will be the cost of the insurance and a finance charge at because there will'— be any unnamed finance the Annual Percentage Rate shown on the front of this - Charges to rebate.If you default and we repossess the co tract or,at our option,th0 highest rate the law vehicle,we may,at our optlon,:eilow you to get the permits.If the vehicle is lost or damaged,you agree vehicle back before we sell It by paying all past due that we may use any insurance settlement to reduce payments,late charges,land expenses (reinstate). _ what you owe or repair the vehicle. e. What happens to returned Insurance, main- 4. WARRANTIES SELLER DISCLAIMS tenance,service,or other contract charges.If we The following paragraph does not affect any warranties get a refund of insurance,maintenance,service,or covering the vehicle that 1�e vehicle manufacturer may other contract charges,you agree that we may provide.The following paragraph also does not apply at all subtract the refund from what you owe.• - if you bought the vehicle primarily for personal,family,or a IFYOU PAY LATE OR BREAKYOUR OTHER PROMISES "- household use. a. You may owe late charges.You will pay a late charge Unless the Sailer makes a written warranty,or entem ' on each late payment as shown on the front.The term Into a service contract wthin 90 days from the sate of 'heavy commercial motor vehicle"means any new or this contract,the Seller makes no warranties,express used motor vehicle which is(i)a truck or truck tractor or implied,on the vehlcle,iand there will be no Implied having a manulacturer's gross vehicular weight of fif- warranties of merchantability or of fitness for a teen thousand(15,000)pounds or more;or(if)a semi- particular purpose. l trailer or trailer designed for use in Combination with a truck or buck tractor.Acceptance of a late payment or S. Used Car Buyers Guide.The Information you see on late charge does not excuse your late payment or mean. the window form.for this vehicle is part of this that you may keep making late payments. contract Information on phe window form overrides If you pay late,we may also take the steps described any contrary provisions Irk the contract of asks: below Spanish Translation: Gula Farm cempratlores de b. You may have to Pay all you owe at once.If you vehfculos usados. La(nformaci6n qua ve en at break your promises(default),we may demand that formularlo de In ventairlds Para este vehfculo forma you pay all you owe on this contract at once.Default Porte del presents contrato. La rota macitin del means: formularlo de To ventantla dole sin efecto toda • You do not pay any payment on time; disposfcirin on commrlo i ont9nida an at contrato de • You give false,incomplete,or misleading infer- vents. nation on a credit application; a. APPttcame Law • You start a proceeding in bankruptcy or one is started against you or your propety;of Fedeml.Iaw and his law at t�e state of the Seller's address Vou break any agreements In this contract, shown on the front of this contract apply to this contract The amount you will owe win be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. 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. rarmtr0. Al f . . I Exhibit "D" Please sign &fax back. Thanks! (866) 987-6519 N1 T F,D A MID C RMID�T ASSIGNNENT This assignment is attached to and expressly made part of a retail installment contract Dated 8/14/2012 between PHILADELPHIA AUTO SUPERSTORE as'Sellerand DOLLY DODD as,Buyer.. (Dealers Nerriel Buyers Name) 1 Y-C MBYA FEli i --T-MN 2003 ITOYOTA ISEQUOIA 15T[)BT44AX3S138592 FOR VALUE RECEIVED, Seller hereby sells,assigns and transfers all Sellers rights, title and interest in and to this contract and in the Motor Vehicle described herein, to UNITED AUTO CREDIT CORPORATION(herein after called'Assignee'),its successors and assigns. In order to induce Assignee to accept assignment of this contract(which acceptable Assignee acknoviledges by the purchase hereof), Seller represents and warrants to Assignee the following: (a)this contract is genuine and in all things what it purports to bee; (b) this contract is legal, binding and enforceable payment obligation of the Buyer and correctly states the terms of the transaction between Seller and Buyer; (c) there is only one original executed copy of this contract; (d)the Motor Vehide is correctly described in this contract and has been delivered to and accepted by Buyer in good and satisfactory condition: (e)the down payment specified in this contract was paid in full in cash andfor trade-in and no part of the down payment was loaned to Buyer by Seller; (f)all Buyers and guarantors of this contact have legal transfer title thereto: (h)the Motor Vehicle is free of all liens,claims and encumbrances except the valid lien of Assignee: (i)Seller has caused Assignee's first lien to be duly noted on appropriate tile documents and,if applicable state laws permit,Seller has made,or Will make within 24 hours of the purchase of this contract by Assignee, proper application for a certificate of tifle for the Motor Vehicle Indicating aflirst lien in favor of Assignee in the amount of indebtedness due Assignee from Buyer under this contract, (j)to the best of the Sellers knoWgdge, there is no inaccuracy or misrepresentation in any statement made by or on behalf of Buyer in the credit application or other documentation furnished to Assignee by Seller; (k)no right of rescission,counter-claim,set off,defense or right of action has been asserted or exists with respect to this contract,0)Seller has the unimpaired right to sell and assign this contract to Assignee;(m)Seller has compiled with all federal,state and local lava and regulations,including without limitation,the Federal Truth-In-Lending Act, Regulation Z,and the Federal Equal Opportunity Act; (n) Motor Vehicle has never had savage title issued with respect to it nor been used for commercial transportation or by law enforcement agencies-,(o)the sale was made at the Seller's place of business and was not a door-to-door sale within definition of the Federal Trade Gommission Trade Regulation Rule:(p)Buyer is not the Seller, its employees or Individual owners;and(q)Seller has no knQvJedge of any facts which might impair the validity of this contract or render it less valuaNe or valueless. Should any representation or warranty of Seller prove untrue or inaccurate, Seller agrees upon Assignee's request to repurchase this contract for the amount owing thereon,plus costs,expenses and reasonable attorney's fees of Assignee in attempting to collect the same. Seiler further agrees, in the event a claim or defense is asserted against Assignee by the Buyer at any time that Seller shall, on demand repurchase this contract for cash price equal to the net amount remaining unpaid on said contract;and Seller shall indemnify and hold Assignee harmless from any and all liabilities that may result at any time from any claim asserted by Buyer for recovery of amounts paid arising out of any promise,representation or warranty made by Seller to Buyer. Liability of Seller arising out of or incidental to this Assignment shall not be affected by any indulgence,compromise, settlement, extension or variation of the terms of this contract effected with or by the discharge or release of the obligation of Buyer or any other person interested by operation of law or otherwise. Seiler waives all notice,including but not limited to notice of acceptance, non-performance, compromise,settlement, extension,discharge or variation of the terms of this contract. The parties hereto disclaim any terms or understanding other than those set forth herein and in the Dealer Operating Agreement between them. NoWthstandng anything to the contrary contained in the Contract,this Assignment, upon execution by Seller,shall assign Seller's rights in the Contract to UACC and not to any assignee(s) named in the Contract.This Assignment shall not be deemed to relieve Seller from any liability for the breach of any warranties,representations or agree nts contained herein or in e actor in the Dealer grearriont between UACC and Dealer, Date: By: if Tj AUth zed$ignattur—L (JI UACC Form 229-411-Previous editions WAY NOT be used I 'd NOS ON N d S S b 6[06 'L 'd S Exhibit "E" Sep, 10. 2012 12: 01PM No. 3049 P. 1 UMTED AUTO CRED 'CORPORATION TCPf UN97ED#.U-10 Mc-DIT CORPORATION PO BOX 9945 14M,SORT BEACH,C:A 92653-1943 CUSTOMER NAME-. V24MLE INFORMATION: YEAR' Moog Dwil.sr n gsg t�.m not 4;,ktax than thlzty(90)dasg from tfw, egr€'ser oftba ccmract d2bg�4n:'tha date sty � ;t�s esas_�s~"sue Qb the vl 3Mk3e,Douse k=ftkc s all steps necsssary to rerfe-d u NMO AUTO CRE ;CORP(-UAC )Secu i y E,stzrc ?-n tba unit and has�saseLl an appficz;iars for t.va,and where gsparatefy sppltas€ va�hi €e do ba sl�br'attzd t3 the �s���:rs���t���� €s��us��rti:��'s t���sPd4f�.�s�a����e��5��'x€���>Cat art�ti��hi��•< €��a�� Varant8e5 to P cvgd°UACC With a seraf9at,-Of Ms O>vthtr 2W09datO eAdanu of UAC°S ac^C y ? eSn- k nQ 13ty�`jac *j thir tt(30)4:aVzl Pram tt u S zte UACC porch ses any cont mm m F014M ts*gsr*Ado xax 'b'0te 1f3cet€of thIc or ivv'ldenct Gf'JAC-O's ;hV L-Z 1��u5e for rvg3wchas'-og She wntmm .pC � vf7b°�b3e �,,..............wwaa���ti.�ry sq��' <—� AV- e for Name �G CC.. � v 11 Exhibit "F " PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ..VEHICLE RECORD ABSTRACT - 3/11/13 09:49 PAGE 1 106000 130700257000071 002 OWNER HARRISBURG AUTO AUCTION LESSEE : NONE 1570 E ERIE AVE PHILADELPHIA PA 19124 TITLE NUMBER 70996038 TAG NUMBER TITLE DATE 07/17/12 VIN 5TDBT44AX3S138592 REGISTRATION EXPIRY DATE: BODY TYPE SW MAKE TOYOTA ODOMETER READING 156,700* MODEL SEQ *ACTUAL MILEAGE RENEWAL WID DUPLICATE TITLE COUNT 1 PREVIOUS TAG VEHICLE YEAR 2003 LIENS NO STOLEN DATE STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE I i I i 1 r n t ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 1710.6-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US e Exhi bit "G" 32 Exhibit "H" RETAIL INSTALLMENT SALE CONTRACT SIMPLE FINANCE CHARGE Dealer Number Comeret Number e sayer Namo alM Addreay Coh:yer Name and Address erstoa«Saner(NameaM Address) , pnduemg Cauirty and Zlp Code) (moloong Cony and Lp Code) Sharm M WIGS PhiWdelp68 Pinta Superstore Inc. 2085 E VGngston St 1571 E.Erie Ave. Philadelphia,Pa 19134 Philadelphia,PA 19124 You"'Buyer(and Co-Buyer,H any),may buy.the Verid.below for cash or on credit.By along this contract,you choose to buy the nmiols on credit under the agreements on the from and back of this contract.Y agree to pay the Creditor-Seller(sometimes tae'or-us-in this conbacq the Amount Financed and Finance Charge In U.S.funds according to the payment schedule below.We will figure your finance dirge on M a daily basis.The Thin-Lending Disclosures below are Part of this contract- Melee Mtg Gross VeN- Newn.judlDemo Year one Model ahrweil Vdab bstmXlcagen Number Primary Uae Forwhkh Punchmod Used 2002 3GNFK78212G191Hg7 ❑paraero.emit'or household ❑busk sae CFIEVRO Suburb_ LS ❑eahadmml ❑ FEDERAL TRUTH-IN-LENDING DISCLOSURES minima.you may buy aw drcsml damage msur ANNUAL FINANCE Amount Total of Total Sale a^ce ms minas rogdns(see ham)Imo arrmle PERCENTAGE CHARGE Fineneed Payments Price tau Cwom Mlo n eampOd.b m.you am rmt RATE n.do me—of Tho mnmM you ram mmr Peatol reamed 1p ary mryommisinucala nmidL The cast of amount the -I Prodded whhaw paidalf your purrhase on X my iermnm a medad aebr poca.« your credit es «edit wilt to ye« You furs made all astdA XmNenp mrdimtn Imm de nursed eawsne ompmiea WO yearly nte. art you. onywreelm payments. War down tl meth kms entl mGOOm. .1wdub1. payments Owdthemnmrw youwamarkdenbelow: 5 2=10—_Is Optional ciftlnsurance J,nn / $2818137— S 7995 nn $,naa,nn $13e84, _ ❑cnanum: ❑auym❑eoauyer❑sent Your mint Schedule Will Be: ❑coat any("rO 11 NumOerd Artlaun,of wont Paymenm Pmmlua P ants MOUe Credo U%5 ms MgnnN bepaming coot Dladaays Or Ae Fotlowa: eseanm Ca,any Name dome Ora Address W.elwrge.II pot em is red pail m RA within 10 days after R h due,you wt.lay a bb mega.Ii the while a a levy ommeroo nrdo!whole,the cavge wal Ire 4%of the W.1 the payment own no late. Curer ge--and seat ybey y�y�N M Other ,the mares wit h 2%per moon ef me pan of ow payment eat a art.Gqued hued on•ml egUmtl m oblan aodLYaa orison bbty snot bryeas cdandarmonm tor antrom d am,,m than is most than to Gays aeeeaanma FoerHy wt.rld beahaa In Fay—nyou pay off 0 yae don earY,log w,r.1lwe b pay.penaty, k,Va apprxlpmm,xThrywM ml he plmiGgwless $ecudy m1snK ybu ere giving a aecul.Y IMenat In ffw while lip pumased. ppur spr mb ogee n dw Pme oa,yo etbpee ad, Atl4moan Inbmrdbn:$m na Nnhad br man,Inle matron rooted i;Information ebb,nermeyman Imwarce,dw os b Yom ram U d M Ilar�Gm d demua arty nauRea repaymmdm NA bebm the saemaea dam and eeauray inrmeal. AlrcanlFmroriGr611N lea.Th.pryemapeUrynd tlro AUmppvprr Frmxd 7tltlyyaayyuuoouudin ins iovra,a laYa pre'/Va MYIZATON OF AMOUNT FDUNCED Creel 6salyaslmFepayabYwa ed49 m pb l wshhafincodolls A]p nn edlnes) §10674&1 19 undvpirmrme wnNyamQ,aded.iNS'vuum'n tloas 2 Tebl Dow wi raa= nFaPrana.The paldes a mdraa imretl a mmM Tmdbin NmnfmAee m�rap V¢ivsn Trsesln-1 NPn n 1 SF55A]fl Ile ImI1orK.a tteda nKe pb,dY$ea tln i pares a cet,rate M mwage a peer mvs m0 cmarrme.InAOmrmw brw § ,5rm nn amaaA,b tan pay oil uses By Seam $ non Eaurb NNTrsdeln $ cm. .wan S 1121 in Ono f glrod Gwpaymembnagalrve.enu7'mrdSm eX bdovl SN7 RD?1n (2) s UnpsdaaonmdCash Pdm(l4 f 7 M M (n e Other CMmeelndudingko nb Pddto Oners myomaela Other Optional Insurance tsdlamaylaroxndllseameunbk ❑ A Coad Otamlcmdaioownm Padblrtwmm Typed Raumrm Tenn Carnpmwacurmehu pwr000r LRe T. wA S wsapsondConnote obab" T NIA f § n an a OneroPbrldlnan Paldmlmumrmowm me ..pmiw msulmo Cbnpury Name (Duane) USI 1-1—n— T— S (Descob") T i�"t."T_ Home OlraeA4dmts C 011 Fear Poet m Gowearme ACeneea to m $ NIA ❑ tar § NIA Type dlmurarba Tenn To bt § N/d Renb a$ d OCdoml Gm Comes § 0.00 Doompdon fCOSmgr E GowrnmmAtma Nd hduded'm Lasn Frm § NIA F Gbenmen lceue ardor Regindon Fri Ins—OonPon,Name f 41.00 G Gow—Cere—ono.Fee, rems Of'. godueess Nradry iterad reabdkgme) f 2250 N Geer ClRnlsdNrmm ieero,wt.b paid eM and wemdbwnrceb«r ma.Vru nauneeIlYmr sesame pumas.) Oeesimmbryaoo try elwaplad aaursm ws mthe m br PeorCeit—aaaaamnx § non mleaym mP em mjean ex��lp ID Case, o f n F § 55na IwaP the haumrcaaeWtlabme. b to § n On X b M T gL § 1100 towsiryanse Dam m or ue«.,ger Fee § 25 CO m to N- F. § n.00 X Total OdXrClna and Ambmb Pobm On.rs myouraenae § 14350 let Co-ayv SiP:mme pant a Arrmrm rarmmd p.$) § 7.995(10 (st THIS INSURANCE DOES NOT INCLUDE e F meye § z 848 a le) INSURANCE ON YOUR LIABILITY FOR 7 ToadPalmereoTmwaawu a.R CA0DSYD I%%0ARPROPERTY DAMAGE If you do not meet your contract obligations,you may lose the vehicle. femme Dad,amps:mu am to par It ma m ovnoN:❑1bu Pay no finmme the atedypaymotmskmryhdyo phi maddmwN rge a no Amount Financed,Item 5,a paid in MI on m bebre ,Y_.SELLFASINtfLLL$ MOM GAP CONTRAR.A papaenMltlebtenatatlomm�dasQ h rotmgim!bobtam eedlamrAM De pmaM mtla,pu ripe Imbe mtl sans b pt'Ike ntraNmpA Ilya e+o«e bury.pap minas tla durRhsMn'w dsmeDdne ammaeon dAmaua F'vru d.$eeW.rgap o:mat'9r Cream an dw arm ant mi6oiom RPvMw.itaa pmt dpdsmneact T N A Mss Name d Cap Cormaol Irwdbbw.wontoo. 3vrar Sam i NO COOLING OFF PERIOD State law does not provide fora"cooling off'or cancellation period tot this sale.After you sign this contract, you may only cancel It if the seller agrees or for legal cause.You cannot cancel this Contract simply because you change your mind.This notice does not apply to home solicitation sales. HOWT=1 TRACT CAN BE CHANGER.Ii(santratmrb rsywmbz urea hrAy any M�a mlafingbgis antrxt.Anydlayebtlus mr,Yadmtotbemali0ng and we IL W ere danger are Nrdng. Buyer'Spm- — Co-BUyer Signs 7T R any pan d utis ammd is not raid,el otlta on stay wid.We may e y a mtraln hen erlbniNp aryef alwiwide Cis contract wiftut bang Gem For n2ropie,we nay attend Ca In,brrnanir—4pa)meds rri0bul exlerdnff tla limefor care otlms. you aubma us b.Wro inbodebon ahaN you orher whkNyorafebuyinp,hour Im sale raGwNde dEpamneN aoGer moor whideregishafiat atAadfies. Sag back for other Important apreorraft The Annual Percentage Rate may be negotiable with the Seller.The Seller may assign this contract and retain its right to recelve a part of the Finance Charge. - NOTICETO BUYER. DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLEDTO AN EXACT COPY OFTHE CONTRACTYOU SIGN. _ I P ITTO PROTECTYOUR LEGAL RIGHTS. Buyer Signs- Date-17112 Co-Buyer Signs X Dat@r17y12 You agree to the terms of this contract.You Confirm that before you signed this contract,we gave it to you, and you were free to take it an review iLYou confirm that you received a completely filled-in copy when you signed i[. Buyer Signs — Oata Co-Buyer Signs X Data — Buyer el r Uwrn-A mdtAnr a a person Mro a RspOnSide br p=YIN era ends dap.M sorer Amer b a person wnaa woe a m the tllb m db wNda be dos w na—pay the deht.The Cher saner epees maw seamy clear In mewed.ONm la us h.1 mrmad. Olwe"oa ra - Addna Seas Siprs wle ay Td. $ewer aegm iuinlemrin thamrtrae to IAaipwe)umerP lamed SeOefsapmmant(e/won AVWnee. Ono ❑ASdO N rAnbnaedremune Saner air ape 9W FOXN NO. PA.wr w,mnm 1 ORIGINAL UENHOLDER j OTHER IMPORTANT AGREEMENTS " 1. FINANCE CHARGE AND PAYMENTS c: You•may have to pay collection costs.If you default and a• How we will llgure Finance Charge.-We will figure the: we have to-go 10 court to recover me vehicle,you will-pay - ` Finance Charge on a daily basis;at,tlie,Annual the reasonable attorriey's fees and court costs as the law Percentage Rate on the unpaid part of the Amount permits.You will also pay arty attorney'stees and court costs Financed. a court awards us. b. How we will apply Payments.We may apply each d. We may take the vehicle from you.If yo u default,we -payment to the earned and unpaid pan of the Finance --- may take(repossess)the vehicle from you it-we-do so - .Charge,to the unpaid part the Amount Financed and... peacefully and-the law allows-it:If your vehicle' 'an to other amounts you owe under this"con@ad9n arty"• - "a ectrdnic tracking device,you agree that we may use the Ortler we choose.' '' - device,to,find the,vehicle.If we take the vehicle,any .c. How late payments or early payments change what. .accessories,equipment,and replacement parts will stay you must pay.We based the Finance Charge,Total of with the vehicle.If any personal items are in the vehicle,we Payments,and�Total Sale Price shown on the front on ' may store.them for you at your expense.if you do not ask for the assumption that you will make every payment on these items back,we may dispose of them as the[am allows. the day,it is due.Your Finance Charge,Total of e. How you can get the vehicle back if we take it If we Payments;and Total Sale Price will be more if you pay ,repossess the vehicle;you may get it back by paying the late and lass it you-pay early.-Changes may_lake the unpaid part of the Amount Financed plus the earned and .form of a_larger or smaller final payment br,at.our. unpaid part of the Finance Charge,any late charges,and option,more orfewer payments of the same amount as - any other amounts,lawfully due under the contract your scheduled payment with a smaller-final payment.. (redeem).Your right to redeem ends when we sell the We will send you a notice telling you about these vehicle.We will tell you how much w pay to redeem. changes before the final scheduled payment is due. If we repossess the vehicle.we may,at our option,allow tl. You may prepay.You may prepay all or part of the you to get the vehicle back before we sell it by paying all unpaid part of the Amount Financed at any time with- past due payments,late charges,and any other amounts out penalty.It you do so,you must pay the earned and due because you defaulted(reinstate).We will tell you If you unpaid part of the Finance Charge and all other may reinstate and how much to pay if you may. amounts due up to the late of your payment. If you are in default for more than 15 days when we take the vehicle,the amount you must pay to redeem or reinstate will 2 YOUR OTHER PROMISES TO US also include the expenses of taking the vehicle,holding h, a: If the vehicle Is damaged,destroyed,or missing. and preparing it for sale.- You agree to pay us all you we under this contract I. We will sell the vehicle If you do not get it back.It you even if the vehicle 15 damaged,destroyed,or-missing. - do not redeem,or,at our option,reinstate,we will sell the b. Using the vehicle.You agree not to remove the vehicle vehicle.We will send you a written notice of sale before from the U.S.or Canada,or to sell,rent,lease,or selling the vehicle. transfer any interest in the vehicle or this contract We will apply the money from the sale,less allowed without our written permission.You agree not to expose expenses,to the amount you owe.Allowed expenses are the vehicle to misuse, seizure, confiscation, or expenses we pay as a direct result at taking the vehicle, ktw,taxes transfer.If charges pay any repair bills,storage holding it,preparing d for sale,and selling it,as the law bills,taxes,fines,or charges agree the vehicle,to the ,allows.Reasonable attorney fees and court Costs the law '.extent permitted ask by law you agree to repay the amount permits are also allowed expenses.If any money Is led when we ask for h. c. Security Interest (surplus),we will pay it to you unless the sew requires us to - You give us a security interest in: to pa the a someone amount you me,money you a the sale is not enough h to pay the amount pay owe,you may have to pay the rest. • The vehicle and all parts or goods put on @; to us.If you do not pay this amount when we ask,we may • All money or goods received(proceeds)for the charge you interest at a rate not exceeding the highest vehicle; lawfur rate until you pay. • All Insurance, maintenance, service, or other g. What we may do about optional insurance, contracts we finance for yoq and maintenance,service,or other contracts.This contract • All proceeds from insurance, maintenance, may contain charges for optional insurance,maintenance, service,or other Contracts we finance for you.This service,or other contracts.If we demand that you pay all includes any refunds of premiums or charges from you owe at once or we repossess the vehicle,we may claim ' the Contracts. benefits under these contracts and cancel them to obtain' This secures payment of all you owe on this contract- refunds�df unearned charges-16 reduce what you owe or It also secures your other agreements in this contract repair the vehicle:It the vehicle Is a total loss because a is You will make sure the title shows our security Interest Confiscated,damaged,ar stolen,we may Claim benefits (Hem)In the citMu under these Contracts and cancel them to obtain refunds of d. Insurance you must have is the vehicle. unearned charges to reduce what you'owe. You agree to have physical damage insurance .h, Summary Notice Regarding Prepayment,.Rebate of covering loss t.or damage to the vehicle for the term Finance Charge and Reinstatement-You m of this contract.The insurance must cover our entire � may prepay all interest In the vehicle as well as yours.If you do not or part of the amount you awe under this contract without have this insurance, we may,if we choose,-buy penalty.If you do so,you only have to pay the earned and physical damage insurance. It we decide to buy unpaid part of the finance charge and all other amounts due physical damage insurance,we will buy Insurance that up to the date of your.payment. Unearned finance--^ covers your interest and our Interest in the vehicle.We -charges-will not be rebated under this contract will tell you the charge you must pay.The charge will because there will never be any unearned finance be the cost of the insurance and a finance charge at the Annual Percentage Rate shown on the front of this charges to rebate.it you default and we repossess the mmmct or,'at our option,the highest rate the law vehicle,we may,at our option,allow you to get the permits.If the vehicle is lost or damaged,you agree vehicle back before we sell it by paying all past due that we may use any insurance settlement to reduce payments,late charges,and expenses (reinstate). what you owe or repair the vehicle. e. What happens to returned Insurance, main" 4- WARRANTIES SELLER DISCLAIMS tenance,service,or other contract charges.If we The'bllowing paragraph does not affect any warranties get a refund of insurance,maintenance,service,or covering the vehicle that the vehicle manufacturer may other contract charges. you agree that we may provide.The following paragraph also does Opt apply at all subtract the refund from what you owe. - B you bought the vehicle primanhy for personal,family,or 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES household use. a: You may owe late charges.You will pay a late charge Unless the Seller-makes a written warranty,or enters on each late payment as shown on the from.The term Into a service contract within So days from the date of 'heavy Commercial motor vehicle'means any new,or this contract,the Seller makes no warranties,express used motor vehicle which is(i)a truck or truck tractor or Implied,an the vehicle,and there will be no Implied having a manufacturers gross vehicular weight of fit warranties of merohantabflity or of fitness for a teen thousand(15,000)pounds or more,or(ii)a semi. -particular purpose. trailer or trailer designed for use In combination with a truck or truck tractor.Acceptance of a late payment or S. Used Car Buyers Guide.The Information you we on late charge does not excuse your late payment or mean -the window form for this vehicle Is part of this that you may keep making late payments. contract.Informatlon on the window form overrides If you pay late,we may also take the steps described any contrary provisions in the contract of sale. below Spanish Translation: Guts pars compradores de b. You may have to pay all you owe at once.If you vehiculos usados, Le Informacl6n que ve an at break your promises(default),we may demand that formularlo de Is ventanills pare esto vehicuto forma you pay all you owe on this Contract at once.Default parts del presents contrato. W informacibn del means: formularlo de la ventanllla deja sin efecto toda • You do not pay any paymegon time; dispasicl6n an contrario contenlda en at contrato de • You give false,incomplete.'or misleading infor- venta. mation an a credit application; • You start a proceeding in bankruptcy or one is 6. Applicable Law started against you or your property;or . Federal law and the law of the state of the Sellers address You break any agreements in this contract shown on the front of this contract apply to this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. NOTICE:ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT IS SUBJECTTO 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. Fam,aa SOFA iqr Exhibit ,,i,, UNITED AUTO CREDIT CORPORATION ASSIGNMENT This asst ent is attached to and expressly made part of a retail installment contract: UI "Buyer.' {D er's Dated tween i as'Seller'2ncl.-�J'A as (Tuyefs Name)— FOR VALUE RECEIVED, Seller hereby sells, assigns and transfers all Seller's rights, title and interest in and to this contract and in the Motor Vehicle described herein,to UNITED AUTO CREDIT CORPORATION(herein after called'Assignee"),its successors and assigns. In order to induce Assignee to accept assignment of this contract(which acceptable Assignee acknowledges by the purchase hereof), Seller represents and warrants to Assignee the following:(a)this contract is genuine and in all things what it purports to be;(b)this contract is legal,binding and enforceable payment obligation of the Buyer and correctly states the terms of the transaction between Seller and Buyer, (c)there is only one original executed copy of this contract; (d)the Motor Vehicle is correctly described in this contract and has been delivered to and accepted by Buyer in good and satisfactory condition;(e)the down payment specified in this contract was paid in full in cash andlor trade-in and no part of the down payment was loaned to Buyer by Seller, (0 all Buyers and guarantors of this contract have legal transfer Ede thereto: (h)the Motor Vehicle is free of all liens,claims and encumbrances except the valid lien of Assignee;(i)Seller has caused Assignee's first lien to be duly noted on appropriate title documents and,if applicable state laws permit,Seller has made,or will make within 24 hours of the purchase of this contract by Assignee, proper application for a certificate of title for the Motor Vehicle indicating a first lien in favor of Assignee in the amount of indebtedness due Assignee from Buyer under this contract;0)to the best of the Seller's knowledge,there is no inaccuracy or misrepresentation in any statement made by or on behalf of Buyer in the credit application or other documentation furnished to Assignee by Seller,(k)no right of rescission,counter-claim,set off,defense or right of action has been asserted or exists with respect to this contract;(1)Seller has the unimpaired right to Sell and assign this contract to Assignee;(m)Seller has complied with all federal,state and local laws and regulations,including without limitation,the Federal Truth-In-Lending Act,Regulation Z,and the Federal Equal Opportunity Act,(n)Motor Vehicle has never had salvage title issued with respect to it nor been used for commercial transportation or by law enforcement agencies;(q)the sale was made at the Setter's place of business and was not a door-to-door sale vAthin definition of the Federal Trade Commission Trade Regulation Rule:(p)Buyer is not the Seller, its employees or individual owners;and(q)Seller has no knowledge of any facts which might impair the validity of this contract or render it less valuable or valueless. Should any representation or warranty of Seller prove untrue or inaccurate, Seller agrees upon Assignee's request to repurchase this contract for the amount owing thereon,plus costs,expenses and reasonable attorney's fees of Assignee in attempting to collect the same. Seller further agrees, in the event a clairr,or defense is asserted against Assignee by the Buyer at any time that Seller shall,on demand repurchase this contract for cash price equal to the net amount remaining unpaid on said contract;and Seller shall indemnify and hold Assignee harmless from any and all liabilities that may result at any time from any claim asserted by Buyer for recovery of amounts paid arising out of any promise,representation or warranty made by Seller to Buyer.Liability of Seller arising out of or incidental to this Assignment shall not be affected by any indulgence,compromise, settlement,extension or variation of the terms of this contract effected With or by the discharge or release of the obligation of Buyer or any other person interested by operation of law or otherwise. Seller waives all notice, including but not limited to notice of acceptance,non-performance,compromise, settlement,extension,discharge or variation of the terms of this contract. The parties hereto disclaim any terms or understanding other than those set forth herein and in the Dealer Operating Agreement between them. Notwithstanding anything to the contrary contained in the Contract,this Assignment,upon execution by Seller,shall assign Seller's fights in the Contract to UACC and not to any ossignee(s)named in the Contract,This Assignment shall not be deemed to relieve Seller from any liability for the breach of any warranties,representations or agreements contained herein or in the Contract or in the Dealer Agreement between UACC and Dealer. Date; a (Sefer j I By: Al Auth tire TTMe UACC Form 129—3107—PrWOUS editions MwY NOT be used Exhibit "J" UNITED Au'ro CREDITCORPORATION DEALER'S GUARANTEE OF TITLE TO: UNITED AUTO CREDIT CORPORATION LEINHOLDER ADDRESS: PO BOX 99+5 NEWPORT BEACH, CA 96528-1945 CUSTOMER NAME: 's "VEHICLE"INFORMATION YEAR: V _ MAKE: IvIODLLS. �� 9q1 Dealer agrees that not later Lhan thirty (30)days from the earlier of the Contract date or the date Customer takes possession of the vehicle. Dealer has taken all steps necessary to perfect UNITED AUTO CREDIT CORP(`UUACC") security interest hi the Unit and has caused an application for title, and where separately applied for, registration, to the Vehicle to be submitted to the appropriate government agency in Customer state of residexice showing UACC's interest in the Vehicle. Dealer guarantees to provide UACC with a certificate of title or other appropriate evidence of LTACC's security interest in the Vehicle not later than thirty (30) days from the dale UACC purchases any contract Failure to provide such certificate of title or evidence of UACC's security interest shall because for repurchase of the Contract. Date: - ("Dealer Nance ,) 13y: Title: Exhibit "K" PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 3/11/13 09:45 PAGE 1 106000 130700257000056 002 OWNER HARRISBURG AUTO AUCTION LESSEE : NONE 1100 SOUTH YORK STREET MECHANICSBURG PA 17055 TITLE NUMBER 570211.80 TAG NUMBER TITLE DATE 01/17/02 VIN : 3GNFK16ZI26191997 REGISTRATION EXPIRY DATE: BODY TYPE : SW MAKE CHEVROLET ODOMETER READING : 154,394* MODEL K15 *ACTUAL MILEAGE RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG ELD2107 VEHICLE YEAR 2002 LIENS NO STOLEN DATE STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE i ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 j PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US Exhibit "Ll' r 1 � 1C +Slh t-'• f i i i i C Exhibit "M" MV-i27(7-08) �, �.� 1!111 l it III![II I III li 111 Illl i!lill ll ili ll li 111 I 1 1111111111111 111�11IN�1 X13109 0020 002283 03 � 7070 { DOCUMENT SEPARAT0Fk �" 0 a a 1-1 1:1 0 a 1 2 3 4 5 6 7 8 Fill-in the correct box above to indicate the number Correct Incorrect of WIDs stamped on this BUD Sheet (front and back) MV-38L (5-05) APPLICATION FOR IIIIIIIII II III 1 111 11!111111 IN 11 111111111 IN 11111 1111 111E1111l1111111#i Department o DUPLICATE TITLE OR TO Transportation RECORD, RENEW, REMOVE A 13 0 9 0 0 2 8 0 0 2 2 8 3 / 0 3 Bureau of Motor Vehicles Harrisburg,PA 17104-2516 LIEN, OR TO CORRECT LIEN INFORMATION BY LIENHOLDER A For Department Use Only A See Completion Instructions and Fee Information on Reverse 1. Fkf Duplicate Title by Lienholder. Complete Sections A, B and E. 2. Record a Lien. Complete Sections A, B (if original title is not attached), D and E. In addition, when an existing lien is not satisfied on the attached certificate of title and a lien is being added, the lienholder information listed below in Section A will be added to the title as a second lienholder. The new title will be mailed to the first lienholder. 3. ❑ Renew a Lien. Complete Sections A, B (if original is not attached) and E. 4. ❑ Satisfy a Lien, Complete Sections A, B(if original title is not attached) and E. 5. ❑ Lienholder's Change/Correction of Name. Complete Sections A, B (if original title is not attached), C, and E. 6. ❑ Lien holder's Change of Address Only. Replacement Title to Be,lssued, Complete Sections A, B (if original title is not attached), and E. 7. ❑ Lienholder's Change of Address only. No Replacement Title to Be Issued, Complete Sections A and E. A VEHICLE AND LIENHOLDER R INFORMATION Title Number I Vehicle Identification Number - Owner Name(as shown on original line) - - 70996038 5TDBT44AX3S138592 Dolly Dodd Lienholder's Name - - Financial Institution Number If you are a lienholder participating in the Electronic United Auto Credit Corporation Lien and Titling(ELT)Program,check here. ❑ Complete if recording a StreelAdress lien or if address differs 1071 Camelback, Suite 100 from lienholder address city stale - Zip o e listed on original title Newport Beach CA 6 60-3046 ® 1st Lienholder a Record Check Appropriate Block: ❑ 2nd Lienholder ❑Delete-Lien Satisfied ❑ 3rd Lienholder El Renew Date B REASON FOR DUPLICATE TITLE ❑ t ® Never Received(Provide the correct mailing Appropriate Block Lost! Stolen Defaced Defaced title must Must Be Checked Destroyed be attached) address above) C LIENHOLDER CHANGE OF NAME Lienholder's New or Correct Name -- Change of Name Reason for Change -- - of Lienholder's - Name D VEHICLE OWNER SIGNATURE Required only.when a new len is being recorded. Signature of Vehicle Owner - - Signature of Vehicle Co-owner(if applicable) Dale E. LIENHOLDER NOTARIZATION. SUBSCRIBED AND SWORN I state that I have read and signed this application after Its completion,and I swear or affirm` TO BEFORE ME: MONTH DAY YEAR that the statements made herein are true and correct,and that any statement made on or pursuant to this application is subject to the penalties of 18 PA C.S,Section(a)(2)(relating to false swearing),which shall Include punishment of a fine not exceeding$5,000,or to a .... SIGNATURE OF PERSON ADMINISTERING OATH term of imprisonment of not more than two years,or both. .S• E S,gnatu Gf nZisd Person Tuiepho,is Number SIGN IN PRESENCE OF NOTARY (215 )886-8790 A Title of Authorized Pe - L Att e-y for Lienholder Messenger No. THIS APPLICATION MAY BE PHOTOCOPIED RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS'AT LAW Richard M.Squire* Montgomery County Office M.Troy Freedman Craig Oppenheimer One Jenkintown Station • Also Admitted in MD 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com April 15, 2013 PA Dept. Of Transportation Bureau of Motor Vehicles Harrisburg, PA 17104-2516 Dear Sir or Madam: Enclosed please find MV-38L Application, Kindly Process same and return the resulting materials to me in the enclosed SASE. Our firm's check in the amount of$22.50 is enclosed for the applicable filing fee. Thank you for your courtesies. Very truly yours, Cfaig Capp xer, Squire. Richard M. Squire&Associates,LLC CO/rp Enclosures UACC-102/Dodd MV-127(7-09 111111 II IIII I If 1 111111114 Illl I!11111{111 II II 1111111 1111111111111111111111 ® 13109 0028 00227 0 i02s 16 - ' D O C U M E N T S E P A R A T O R " a o a 0. F1 :1 o 0 1 z 3 4 5 6 7 8 Fill-in the correct box above to indicate the number correct Incorrect of WIDs stamped on this BUD Sheet (front and back) MV-38L (5-05) APPLICATION FOR Il�llll� illl II�IIIII�II��IIII�IIIlIIIIII�IIII�II��I���IIIII61l�{hl�! DUPLICATE TITLE OR TO Bureau otorVe ides on RECORD, RENEW, REMOVE A ° 13 0 9 0 0 2 8 0 0 2 2 7 0 / G 2 � Bureau of Motor Vehicles Harrisburg,PA 17104-2516 LIEN, OR TO CORRECT LIEN INFORMATION BY LIENHOLDER ♦ For Department Use Only A See Completion Instructions and Fee Information on Reverse 1. Z Duplicate Title by Lienholder. Complete Sections A, B and E. 2. Record a Lien. Complete Sections A, B (if original title is not attached), D and E. In addition, when an existing lien is not satisfied on the attached certificate of title and a lien is being added, the lienholder information listed below in Section A will be added to the title as a second lienholder. The new title will be mailed to the first lienholder. 3. ❑ Renew a Lien. Complete Sections A, B (if original is not attached)and E. 4. Satisfy a Lien. Complete Sections A, B (if original title is not attached) and E. 5, ❑ Lienholder's Change/Correction of Name. Complete Sections A, B (if original title is not attached), C, and E. 6. ❑ Lienholder's Change of Address Only. Replacement Title to Be Issued, Complete Sections A, B (if original title is not attached), and E. 7. ❑ Lienholder's Change of Address only. No Replacement Title to Be Issued, Complete Sections A and E. A VEHICLE AND LIENHOLDER INFORMATION Title Number JVeiiicie IdentlOcalion Number -- owner Nama,(aeshown.on prtginal title) -- ' 57021180 GNFK16212G191997 Shawn M. Willis Lienholder's Name - Financial mslitulion Number If you are a lienholder participating in the Electronic United Auto Credit Corporation Lien and Titling(ELT)Program,check here. ❑ Complete If recording a str®a€Address .lien or if address differs 1071 Camelback4 Suite 100 from lienholder address city. State zip o e listed on original title Newport Beach CA 6 6 0-3 04 6 Check Appropriate ® 1st Lienholder [� Record Block: ❑ 2nd Lienholder Renew C]Delete-Lien Satisfied Date ❑ 3rd Lienholder ❑ B REASON FOR DUPLICATE TITLE Appropriate Block Lost/ Stolen Defaced (Defaced title must ® Never Received(Provide the correct mailing Must Be Checked Destroyed be attached) address above) G LiENHOLDER CHANGE OF NAME, Lienholder's New or Correct Name -- Change of Name Reason for Change - - -of Ltenholder's Name D VEHICLE OWNER SIGNATURE-Required.only when a new lien Is being recorded. Signature of Vehicle Owner Signature of Vehicle Co-owner(if applicable) Data E LIENHOLDER NOTARIZATION sue AND SWORN I state that I have read and signed this application after Its completion,and I swear or affirm To'EFORE ME: . MONTH DAY YEAR that the statements made herein are true and correct,and that any statement made on or pursuant to this application Is subject to the penalties of 18 PA C.S.section(a)(2)(relating to false swearing),which shall Include punishment of a fine not exceeding$5,000,or to a SIGNATURE OF PERSON ADMINISTERtNG OATH term of imprisonment of not more than two-years,or both. S ...: .. E *$)gnat dead Person ' Telephone Numher SIGN IN PRESENCE OF NOTARY 215 )8 8 6-8790 A Title otAuih' arutut L Attorney for Lienholder _JiMessengpir No: THIS APPLICATION MAY BE PHOTOCOPIED RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYSAT LAW Richard M.Squire* Montgomery County Office M.Troy Freedman Craig Oppenheimer One Jenkintown Station • Also nemaccd in WD 115 West Avenue,Suite 104 Jenkintown,PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squiielaw.com April 15, 2013 PA Dept, Of Transportation Bureau of Motor Vehicles Harrisburg, PA 17104-2516 Dear Sir or Madam: Enclosed please find MV-38L Application. Kindly Process same and return the resulting materials to me in the enclosed SASE. Our firm's check in the amount of$22.50 is enclosed for the applicable filing fee. Thank you for your courtesies. Very truly yours, Craig Opp ieimer,, sgti re Richard M. Squire &Associates, LLC CO/rp Enclosures UACC-100/Willis INSTRUCTIONS and FEE INFORMATION TO ASSURE PROPER PROCESSING ALWAYS CHECK THE APPROPRIATE BLOCKS IN THE TOP MARGIN ON THE FRONT OF THIS APPLICATION TO INDICATE THE NATURE OF YOUR REQUEST. • If Blocks 2,3 and/or 4 are checked on the front of this application to insure that the lienholder's interest is properly documented with the Department,check the appropriate blocks in Section A. • Do not send cash. Make check or money order payable to the Commonwealth of Pennsylvania. • Mail to PA Department of Transportation, Bureau of Motor Vehicles, Harrisburg, PA 17104-2516. NOTE: If the lienholder is participating in the Electronic Lien and Titling Program(ELT),there will be no title attached. IF BLOCK#1 IS CHECKED: FEE $22.50-NOTARIZATION IS REQUIRED. • If title was never received, no fee is required if this application is filed within 90 days of original issuance. For verification purposes, list current mailing address in Section A. • Vehicle owner's signature Is not required. IF BLOCK#2 IS CHECKED: FEE$27.50-NOTARIZATION IS REQUIRED. • Current title must be attached, if title is not attached,complete Section B. • New title will be issued • If recording a new lien,the lienholder's signature must be notarized in Section E. In addition,the signature of the vehicle owner is required in Section D. The vehicle owner's signature does not require notarization. • A lien recorded on a certificate of title is valid for a period of 30 years in the case of a mobile home and emergency vehicles,8 years in the case of truck tractors or trailers weighing in excess of 10,000 pounds or 6 years in the case of all other vehicles. IF BLOCK#31S CHECKED: FEE $5.00 (IF NO NEW TITLE IS REQUESTED)-NOTARIZATION IS REQUIRED. FEE$27.50 (IF NEW TITLE IS REQUESTED)-NOTARIZATION IS REQUIRED. • If renewing a lien,the lienholder's signature is required to be notarized in Section E. NOTE:A lienholder may renew a lien for as many 3 year periods as may be necessary,by filing this application within the 6 months Immediately preceding its expiration. A lienholder may not apply for renewal of a lien before this time frame. IF BLOCK#4 IS CHECKED: FEE$22.50-NOTARIZATION IS REQUIRED. • Current title must be attached, if title is not attached,complete Section B. • New title will be issued. • The date the lien was satisfied must be listed in the space provided in Section A. • The lienholder's signature is required to be notarized in Section E. IF BLOCK#5 IS CHECKED: FEE$22.50 -NOTARIZATION IS REQUIRED. • Current title must be attached, if title is not attached,complete Section B. • New title will be issued. • Attach photocopy of Articles of Amendment documenting merger, absorption, consolidation or other action causing change of lienholder's name. The existing lien should not be released on the face of the attached title. NOTE: Form MV-950,"Notification of Assignment of Secured Interest in a Vehicle",must be used when a lienholder assigns or transfers their right,title and interest for a vehicle in the security agreement to another financial institution. IF BLOCK#6 IS CHECKED:-FEE$22.50-NOTARIZATION IS REQUIRED. • Current title must be attached, if title is not attached,complete Section B. • New title to be issued. IF BLOCK#7 IS CHECKED: NOTARIZATION NOT REQUIRED. • Lienholder's signature is required in Section E, but the notarization requirement is not needed. • No fee required. Exhibit "N" 4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 8279 HARRISBURG PA 17105 INFORMATION (8:00 AM TO 5:00 PM) TOLL FREE IN PA. 1-800-932-4600 OUTSIDE PA. 1-717-412-5300 WITHIN PA ON A TDD: 1-800-228-0676 OUT OF STATE ON TDD: (717) 412-5380 UNITED AUTO CREDIT CORPORATION APRIL 23, 2013 1071 CAMELBACK SUITE 100 NEWPORT BEACH CA 92660 DEAR APPLICANT: THE BUREAU OF MOTOR VEHICLES HAS RECEIVED YOUR APPLICATION RELATED TO THE FOLLOWING VEHICLE: MAKE: BODY TYPE: , VIN NO: , TITLE NO: 00000000 THE APPLICATION COULD NOT BE PROCESSED FOR THE FOLLOWING REASON:. OUR RECORDS SHOW THAT THE VEHICLE DESCRIBED ON YOUR APPLICATION IS NOT CURRENTLY TITLED IN YOUR NAME. ANY NEGOTIABLE CHECKS OR MONEY ORDERS SUBMITTED WITH THE APPLICATION HAVE BEEN DEPOSITED BY THE BUREAU. PLEASE FOLLOW THE INSTRUCTION(S) LISTED ABOVE AND RETURN THIS DOCUMENT AND ALL ACCOMPANYING DOCUMENTS IN THE ENCLOSED SELF-ADDRESSED ENVELOPE. IT WILL RECEIVE OUR PROMPT ATTENTION. IF A NOTARY PUBLIC, MESSENGER OR DEALERSHIP ASSISTED YOU IN THE COMPLETION OF YOUR APPLICATION, YOU MAY DESIRE TO RETURN THIS LETTER TO THEM FOR ASSISTANCE ,IN MAKING THE ABOVE CORRECTION. THIS FORM WILL BECOME A PART OF YOUR APPLICATION, THEREFORE, YOUR SIGNATURE IS REQUIRED BELOW. IF YOU HAVE ANY QUESTIONS, PLEASE CALL A MEMBER OF OUR SERVICE REPRESENTATIVE TEAM AT ONE OF THE TELEPHONE NUMBERS LISTED ABOVE. APPLICANT'S SIGNATURE DATE _ ..:...._.. _....;.; SINCERELY, SERVICE REPRESENTATIVE TEAM BUREAU OF MOTOR VEHICLES 13109 0028 002283 001 4506 7070 9810 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX. 8279 HARRISBURG PA 17105 INFORMATION (8:00 AM TO 5:00 PM) TOLL FREE IN PA. 1-800-932-4600 OUTSIDE PA. 1-717-412-5300 WITHIN PA ON A TDD: 1-800-228-0676 OUT OF STATE ON TDD: (717) 412-5380 APRIL 23, 2013 UNITED AUTO CREDIT CORPORATION 1071 CAMELBACK SUITE 100 NEWPORT BEACH CA 92660 DEAR APPLICANT: THE BUREAU OF MOTOR VEHICLES HAS RECEIVED YOUR APPLICATION RELATED TO THE FOLLOWING VEHICLE: MAKE: , BODY TYPE: , VIN NO: , TITLE NO: 00000000 THE APPLICATION COULD NOT BE PROCESSED FOR THE FOLLOWING REASON: OUR RECORDS SHOW THAT THE VEHICLE DESCRIBED ON YOUR APPLICATION IS NOT CURRENTLY TITLED IN YOUR NAME. ANY NEGOTIABLE CHECKS OR MONEY ORDERS SUBMITTED WITH THE APPLICATION HAVE BEEN DEPOSITED BY THE BUREAU. PLEASE FOLLOW THE INSTRUCTION(S) LISTED ABOVE AND RETURN THIS DOCUMENT AND ALL ACCOMPANYING DOCUMENTS IN THE ENCLOSED SELF-ADDRESSED ENVELOPE. IT WILL RECEIVE OUR PROMPT ATTENTION. IF A NOTARY PUBLIC, MESSENGER OR DEALERSHIP ASSISTED YOU IN THE COMPLETION OF YOUR APPLICATION, YOU MAY DESIRE TO RETURN THIS LETTER TO THEM FOR ASSISTANCE IN MAKING THE ABOVE CORRECTION. THIS FORM WILL BECOME A PART OF YOUR APPLICATION, THEREFORE, YOUR SIGNATURE IS REQUIRED BELOW. IF YOU HAVE ANY QUESTIONS, PLEASE CALL A MEMBER OF OUR .SERVICE REPRESENTATIVE TEAM AT ONE OF THE :TELEPHONE NUMBERS LISTED ABOVE. APPLICANT'S SIGNATURE DATE . SINCERELY, SERVICE REPRESENTATIVE TEAM BUREAU OF MOTOR VEHICLES 13109 0028 002270 001 4506 ` 7070 9810 Exhibit "O" C� NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIPT Richard M.Squire&Associates ❑ Registered Mail Registered Mail: Affxstamo here If issued as certificate.of mailing 115 West Avenue,Suite 104 ❑ Insured or": z¢.'.-;mss bill. Jenkintown,PA 19046 ❑ COD ❑ With Postal Insurance Cf1 ❑ Certified Mail ❑ Without Postal Insurance .1JV 0 ❑ Expres s Mail US POSTAGE line Number of Name of Addressee,Street,and Postage fee Handling Act. Insured Due R.f 0 FIRST-CLASS Rest. Del.Fee 62-90006863006 Article Rost-Office Address Charge Value Value Sander Fs, tq 19046 I€Regis.) If C.O.D. Remarks 1 UAG-102 Alan Menaker � - Dodd c/o Phila.Auto Superstore ' Demand Itr/ 1517 E.Erie Avenue CO Philadelphia,PA 19124 2 UAC-102 Alan Menaker Dodd Go Phila Auto Superstore Demand Itr/ 17372 Fayette Street CO Philadelphia,PA 19958-7252 3 UAG102 Alan Menaker Dodd clo Phila Auto Superstore Demand Itr/ 301 White Pine Court CO Apt.137 Warminster,PA 18974-3882 4 UAG-102 Alan Menaker Dodd c/o Phila Auto Superstore Demand Itr/ 303 Crossroads Drive ( /�! CO Warminster,PA 18974-3844 3 UAG102 Alan Menaker ,r , r7;. Dodd c/o Phila Auto Superstore _ Demand Itr/ 1SL East Erie Avenue �� CO Philadelphia,PA 19124 °c � c�.' 6 UAC-102 Harrisburg Auto Auction Dodd 1570 E.Erie Avenue .._._. Demand Itr/ Philadelphia,PA 19124 CO 7 UAG-102 Harrisburg Auto Auction Dodd 1100 S.York Street Demand Itr/ Mechanicsburg,PA 17055 CO 8 UAC-102 Harrisburg Auto Auction Dodd 900 Market Street ' Demand Itr/ Lemoyne,PA 17043 CO 9 UAC-102 Dolly Dodd Dodd 4912 Knorr Street Demand Itr/ Philadelphia,PA 19135-2402 CO 10 Total Number of Pieces Total Number of Pieces POSTMASTER,PER The full declaration of value Is required on all domestle and international registered mail.The Listed by Sender Received at Post Office (Name of receiving employee) maximum indenniity payable for nonnegotiable documents under Express Mail document reconstruction insurance is$50,000 per piece subject to a limit of$50,000 per occurrence.The maximum indemnity payable on Express Mail merchandise insurance is$500.The maximum indemnity payable is$25.000 for Registered Mail,$500 for COD and$500 for Insured Mail.Special vii/ handling charges apply only to Third-and Fourth-class parcels.Special delivery service also includes special handling service. PS FORM 3877 FOR REGISTERED,INSURED,G.O.D.,CERTIFIED,AND EXPRESS MAIL TO TO: TO: Alan Menaker Alan Menaker Alan Menaker c/o Phila.Auto Superstore c%Phila Auto Superstore c/o Phila.Auto Superstore 301 White Pine Court 1517 E•Erie Avenue 17372 Fayette Street Apt 137 Lewes,DE 19958-7252 Philadelphia,PA 19124 Warminster,PA 18974-3882 i SENDER- SEND9R.- SENDER: REFERENCE: REFERENCE: ' REFERENCE: CO Cpl qq((., q � � �°§ 040 �r�ao 6�e� PSFor�m3800.Jauo�8008� o r58C1 6152 PB Form jN ,,,a'e anuus DOS S �S$� � � PS Form 8• Ja a 00 RETURN RETURN Postage RETURN Postage RECEI RECEIPT RECEIPT Certified Fee SERVICE fied Fee SERVICE Certified Fee 0.46 SERVICE Return Receipt Fee Return Receipt Fee Return Receipt Fee Restricted Del 1`11 Rostricted Detivary Restricted Delivery Total Postage&Fees Postage&Fees Total Postage&Fees �.# �5� PCIS�'NIARK CSR'DAT . U P POSTMA( OR DATE USPSO POSTMA4 OR DATE '�';, ? , Receipt °; £ioz^"�i ".'. ���� �r Receipt for �t w z ._. ;. . ert� ��dfl�ai�' - . Certified al1�' ; _ Certified C , _- S�e No Insurance Covers Provided No Insurance Coverage Provided Na Insurance Coverage Provided Coverage f Do Not Use for International Mail Do Not Use for International Mail DO Not Use for Intemational Mali r•� a 4 � l;y. • u'j tt t a to C3 ¢ G � rfj 1 GtJ a uI �-;..✓ fV m i e M mop q� m 'CS L ro O ti ° 0 . 0N '� ou '� C 7 °i E r ca z a U ¢ it f° t3�. .. `" dE6 6 �s N m � 6f1 a �' >~ m ar m Ifs .0 o E L9J , a�;. °': o o o cc r it3 #83 v W t5f :PE° U 0 W r-E x�9 �mss. 1,. CO) CC a ��� z°moo ®d or» u° cs'i� � �o . . .. B— Cal rDC � a¢ri FREFERENCE: DoIIy Dodd sburg Auto Auction 4911 Don Street Harrisburg Auto Auction Market Street Philadelphia,PA 19135-2402 1100 S.York Street oyne,PA 17043 Mechanicsburg,PA 1`7055 R: SENDER: sEIUL?ER: REFERENCE: : REFERENCE: co CO co PSFaritn8�f6 Ja OOco04❑ 580 6698 7�t• 90 q040 X5$0 bbb7 .,3`0� 900$ 1040 1580 b599 IiS Form 38t3U,j90 �o0u PS Form 3 0 January 200 RETURN Postage RETURN postage RECEIPT i RETURN Postage RECEIPT Certified Fee SERVICE Certified Fee 6.46 RECEIPT Certified Fee .46 SERVICE Return Receipt Fee SERVICE Return Receipt Fee - Return Receipt Fee Restricted Delivery Restricted Delivery Total Postage&Fees .31,. Restricted Delivery Total Postage&Fees Total Postage&Fees _ USPSO !'OS IARt OR[? E CIS SO PQSldt7 K OR a'¢ .- LISPS® POSTB'Oi K OR DATES Receipt for {; ����rpt �t�r � ���n Q Becalm for 0 'Cerified Mail N Mail- Provided No Insurance Coverage Ptorkied No lnsuranca Coverage Provides '�,�`•°�" ° ."`.. '`'. No Insurance Coverage Provided t' .{ Do Not Use Tor International Mail Do Not Use for international Mall Do Not Use for Interrattenal Mail - .. r 3 � .0. CZ r) � - j CL. 0 U C14 C3 u. > u. a. �y r+ mat c7� y 1�'0 am is V E:3 0 i x co 4- 05 Qear<i 13g B� ` r ° P �„„ Vw o 2 Co UZI LL z O LU tt,i w w 8 w W cc RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard Squire Fr M.Troy Freedman* Montgomery County Office Craig A.Oppenheimer One Jenkintown Station ` Also Admitted in MD 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.s uirelaw.coin March 19, 2013 Via Regular and Certified mail Return Receipt Requested Harrisburg Auto Auction 900 Market Street, Lemoyne, PA 17043 Re: 2003 Toyota Sequoia-V8 SR5 4WD Vehicle Identification Number(VIN #) 5TDBT44AX3S138592 To Whom It May Concern: Please be advised that this Firm represents United Auto Credit Corporation (hereinafter referred to as "United Auto"), the holder of a first priority lien on the above-referenced vehicle. United Auto is the holder of the aforementioned first-priority lien by way of an assignment from the Philadelphia Auto Superstore, the dealership where the above-referenced vehicle was purchased. Our client has advised us that, on or around September 14, 2012, a Dolly Dodd entered into a contract for the purchase of the aforementioned vehicle from the Philadelphia Auto Superstore. Our client has further advised us that an original Certificate of Title issued by the Pennsylvania Department of Transportation (hereinafter referred to as"PENNDOT") has never been issued to this individual. A search of PENNDOT's Vehicle Records confirms that the aforementioned vehicle remains titled in the name of "Harrisburg Auto Auction." Our client is unable to procure a new Certificate of Title from PENNDOT without the original Certificate of Title. Therefore, please release the original Certificate of Title to this Firm. If you are no longer in possession of the original Certificate of Title to the vehicle, it is requested that you furnish our Firm with any/all information and documentation you have that may assist our Firm in this regard. Thank you for your assistance with this matter. Very truly yours, Craig Oppenheimer, Esquire X. 11 coppenheimer @squirelaw.com RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard M.Squire Montgomery County Office M.Troy Freedman Craig A.Oppenheimer One Jenkintown Station • Also Admitted in NID 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com March 19, 2013 Via Regular and Certified mail, Return Receipt Requested Harrisburg Auto Auction 1570 E. Erie Avenue, Philadelphia, PA 19124 Re: 2003 Toyota Sequoia-V8 SR5 4WD Vehicle Identification Number(VIN#) 5TDBT44AX3SI38592 To Whom It May Concern: Please be advised that this Firm represents United Auto Credit Corporation (hereinafter referred to as"United Auto"), the holder of a first priority' ' lien on the above-referenced vehicle. United Auto is the holder of the aforementioned first-priority lien by way of an assignment from the Philadelphia Auto Superstore, the dealership where the above-referenced vehicle was purchased. Our client has advised us that, on or around September 14, 2012, a Dolly Dodd entered into a contract for the purchase of the aforementioned vehicle from the Philadelphia Auto Superstore. Our client has further advised us that an original Certificate of Title issued by the Pennsylvania Department of Transportation (hereinafter referred to as"PENNDOT") has never been issued to this individual. A search of PENNDOT's Vehicle Records confirms that the aforementioned vehicle remains titled in the name of "Harrisburg Auto Auction." Our client is unable to procure a new Certificate of Title from PENNDOT without the original Certificate of Title. Therefore, please release'the original Certificate of Title to this Firm. If you are no longer in possession of the original Certificate of Title to the vehicle, it is requested that you furnish our Firm with any/all information and documentation you have that may assist our Firm in this regard. Thank you for your assistance with this matter. Very truly yours, Craig Oppenheimer, Esquire X. 11 coppenheimer@squirelaw.com RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard M.Squire" M.Troy Freedman Montgomery County Office Craig A.Oppenheimer One Jenkintown Station Also Admitted in I.1D 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw corn March 19, 2013 Via Regular and Certified mail Return Receipt Reed Harrisburg Auto Auction 1100 S. York Street, Mechanicsburg, PA 17055 Re: 2003 Toyota Sequoia-V8 SR5 4WD Vehicle Identification Number(VIN#) 5TDBT44AX3S138592 To Whom It May Concern: Please be advised that this Firm represents United Auto Credit Corporation (hereinafter referred to as "United Auto"), the holder of a first priority lien on the above-referenced vehicle. United Auto is the holder of the aforementioned first-priority lien by way of an assignment from the Philadelphia Auto Superstore, the dealership where the above-referenced vehicle was purchased. Our client has advised us that, on or around September 14, 2012, a Dolly Dodd entered into a contract for the purchase of the aforementioned vehicle from the Philadelphia Auto Superstore. Our client has further advised us that an original Certificate of Title issued by the Pennsylvania Department of Transportation (hereinafter referred to as"PENNDOT") has never been issued to this individual. A search of PENNDOT's Vehicle Records confirms that the aforementioned vehicle remains titled in the name of Harrisburg Auto Auction." Our client is unable to procure a new Certificate of Title from PENNDOT without the original Certificate of Title. Therefore, please release the original Certificate of Title to this Firm. If you are no longer in possession of the original Certificate of Title to the vehicle, it is requested that you furnish our Firm with any/all information and documentation you have that may assist our Firm in this regard. Thank you for your assistance with this matter. Very truly yours, Craig 0 n eimer, Esquire X. 11 coppenheimer @squirelaw.com QAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIPT Richard M.Squire&Associates ❑ Registered Mail Registered Mail- Affi)�,7�7-'-h_-QAisAued as certificate of mailing - 115 West Avenue,Suite 104 ❑ Insured or fd'' ` V �III. Jenkintown,PA 19046 ❑ COD ❑ With Postal Insurance $4.01 ❑ Certified Mail ❑ Without Postal Insurance US POSTAGE ❑ Express Mail FIRST-CLA Line Number of Name of Addressee,Street,and Postage Fee Handling Act. Insured Due R.R 062S00068630pg nest. Del.Fee Article Post-Office Address Charge Value Value Sender Fee V 19046 ----------- If Regis.) If C.O.D. g ,U I , Remarks 1 UAC-100 Alan Menaker Willis c/o Phila.Auto Superstore Demand Itr/ 1517 E"Erie Avenue - CO Philadelphia,PA 19124 2 UAC-100 Alan Menaker Willis c/o Phila Auto Superstore Demand Itr/ 17372 Fayette Street CO Philadelphia,PA 19958-7252 3 UAC-100 Alan Menaker Willis c/o Phila Auto Superstore Demand Itr/ 301 White Pine Court CO Apt.137 Warminster,PA 18974-3882 4 UAC-100 Alan Menaker Willis c/o Phila Auto Superstore Demand Itr/ 303 Crossroads Drive CO Warminster,PA 18974-3844 5 UAC-100 Alan Menaker Willis c%Phila Auto Superstore Demand Itr/ 1 S East Erie Avenue CO Philadelphia,PA 19124 1 6 UAC-100 Harrisburg Auto Auction " 4 Willis 1570 E,Erie Avenue - Demand Itr/ Philadelphia,PA 19124 J CO 1 7 UAC-100 Harrisburg Auto Auction Willis 1100 S.York Street Demand Itr/ Mechanicsburg,PA 17055 CO .8 UAC-100 Harrisburg Auto Auction .A„''•i.7`. ' Willis 900 Market Street Demand Itr/ Lemoyne,PA 17043 CO 9 UAC-100 Shawn M.Willis Willis 2061 Kingston Street Demand Itr/ Apt.11 CO Philadelphia,PA 19134 10 UACIA00 Shawn M.Willis Willis 9626 10th View Street Demand Itr/ Apt.D CO Norfolk,VA 23503-1333 Total Number of Pieces Total Number of Pieces POSTMASTER,PER The full declaration of value is required on all domestic and International registered mail.The matdmum indemnity payablefor nonnegotiable documents under Express Mail document Listed by Sender Received at Post Office (Name of receiving employee) reconstruction Insurance Is$50,000 per piece subject to a limit of$50,000 per occurrence.The maximum indemnity payable oil Express Mail merchandise insurance is$500.The maximum ;\ indemnity payable is$25,000 for Registered Mail,$500 for COD and$500 for Insured Mail.Special handling charges apply only to Third-and Fourth-Class parcels. Special delivery service also Includes special handling service. PS FORM 3877 1 FOR REGISTERED,INSURED,G.O.D.,CERTIFIED,AND EXPRESS MAIL V r , T%rrisburg Auto Auction ktawn M.Willis =_- awn M.Willis 1570 E.Erie Avenue 2061 Kingston Street 9626 10th View Street Philadelphia,PA 19124 Apt. At Philadelphia,PA 19134 Nor£ok VA 23503-1333 SENDER: i SENDER: SENDER: REFERENCE: REFERENCE: REFERENCE: co co co 7196 9008 9040 1578 4255 r 7196 9008 9040 1578 4491 7196 9oC18 9040 2578 4590 PSFor•n3800 January zoos 9 PS Porm 3800,January 2005 ! PS Form 3800 January 2005 RETURN Postage ° RETURN Postage RETURN Postaoa RECEIPT Certified Fee RECEIPT Certified Fee SERVICE I RECEIPT Certified Fee . q SERVICE SERVICE Return Receipt Fee 7 Return Receipt Fee Return Receipt Fee a J Restricted Delivery Restricted Delivery Restricted Dave n Total Postage&Fees t Tota!Postage&Fees M r'~ j Total Postage&Fees »w' 13��r b 4 EFSPSO Poe%- .^ K OR DATA USPS11 POSTty.�^OR DATE 'J l3SFs� P OR D t J� ��. : °��" Receipt for ISO, Receipt Receipt for z �,,�� ��� �����pt f��° �. 19 2013 �k � 7 �o_ .� Certified Mail : Certified Mai�� � Certified Mail y� �%<..° . ; s No Insurance Coverage Provided I No Insurance Coverage Provided `�k Na trrsuranca Coverage provided Oo Not Use for International thaat 'h. � j Do Not Use for International Mail J-1 Do Not Use for international Mail -S ru 4 'tit3 ttJ"` €T Ql�l' f y kr. ea ^_ rJ]_ Ln Ul rq rq i� vS Cj c�i CI LL u � rB Cr t" -9 "�,,... ; 0 (D 16 �C3 CD 0 .0 LL for c%] b!7 m _ N ° t .". °. rA1+�' O C] 07 ti o oF+ o W�L.} Q c c��c c � u°. t9 �E ��p Cif U p� � � y Zr o- � .q.o � R� o v m go 0 m a, ; o tl �s o w v w o o * it o c t3 Lt M t°— M lo o v F ur .�.a c4, v LLL r't E m-twl .qa o1 6L8' a E rc t �., .. CU--� Le.. !"�- F w 7 .�—•.'° ( Gh IGLU W r�LL U Er c K comic z°� _...� cc ° T T%m Mertalcor T%-art 1vlenaker C/o Phila Auto Superstore c/o Phila Auto Superstore c%Phila Auto Superstore, 1SL East Erse Avenue 303 Crossroads Drive 301 White Pine Court Phitadelphia,PA 19124 Warminster,PA 18974-3844 Apt.137 Warminster,PA 18974-3882 { SENDER: SENDER: SENDER: REFERENCE: REFERENCE: REFERENCE: Co Co i Co 7196 9008, 9040 1578 4194 7196 9008 9040 1578 4033 7196 9008 9040 1578 3944 PS Fort 3800,Janus 2005 PS Fonts 3800 Janus 2p05 PS Form 3500,Janua 2005 RETURN Postage RETURN Postage RETURN Postage RECEIPT RECEIPT Certified Fee RECEIPT Certified Fee SERVICE Certified Fee SERVICE SERVICE Return Receipt Fee Return Receipt Fee Return Receipt Fee Restr#cted,Deiivery Restricted Delivery Res#ric#ed Delivery Total Postage&Fees Total Postage&Fees Total Postage&Fees U5PPOS4,& OF Dt :• t f FOST�YtAAi4 .�� I �45� POSTMAR FF �5� ` Receipt for Receipt ' +�,� Receipt for Certified 'sal`" µ Certified Mall's Certified Mail_ 1. No Insurance coverage No Insurance Coverage Provided No Insurance Coverage Provided t 9 Provided Do Not Use for International Mail r` t" Do Not Use for International Mail ;r Do Not Use for international Mail 1 . Sl V"P V .rs n b' CC C3 ED 1P 0 Er rn , ,� vs o n. Cy N ffi iy C3 G} ad.. S LPL m L- Via LL 'O c cv m✓p�, 3C� o Q � R m a m o m Q Co 0: o m e C4, Ca LltiC) 07 ro :� F rs e� p�wpo •pS� E a~i.QQA" d �3 G-' ° 0 ��p/� ofd V ~ wr cr N = N CL 0 49 � '•� �-� �� 5z N 'C �.. 1^11 e 0) Nf y� �0 !i {.7 2= $�' ■w. -T.,,sI LT"> cx m u m o ilC. '' c z o $ 1 L7 F G> - U, s4 a, e+ Uj .D CO m p.a h c�C '� V F td j l W cc Q°0I .~ Q t!! E ct U mss,, Q Uj .a E Z tfi ern 0m on �Q�� tzLt 1 pv� �Z -�as 1— t!1 cc a� mo:rn � za � co w a- a¢c � z°e RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard M.Squire Montgomery County Office M.Troy Freedman Craig A.Oppenheimer One Jenkintown Station • Also Admitted in RID 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com March 19, 2013 Via Regular and Certified mail, Return Receipt Requested Harrisburg Auto Auction 1570 E. Erie Avenue, Philadelphia, PA 19124 Re: 2002 Chevrolet Suburban-V8 LS Vehicle Identification Number(VIN 3GNFK16Z12G1 91997 To Whom It May Concern: Please be advised that this Firm represents United Auto Credit Corporation (hereinafter referred to as"United Auto"), the holder of a first priority lien'on the above-referenced vehicle. United Auto is the holder of the aforementioned first-priority lien by way of an assignment from the Philadelphia Auto Superstore,the dealership where the above-referenced vehicle was purchased. Our client has advised us that, on or around September 17, 2012, a Shawn M.Willis entered into a contract for the purchase of the aforementioned vehicle from'the Philadelphia Auto Superstore. Our client has further advised us that an original Certificate of Title issued by the Pennsylvania Department of Transportation (hereinafter referred to as"PENNDOT") has never been issued to this individual. A search of PENNDOT's Vehicle Records confirms that the aforementioned vehicle remains titled in the name of "Harrisburg Auto Auction." Our client is unable to procure a new Certificate of Title from PENNDOT without the original Certificate of Title. Therefore, please release the original Certificate of Title to this Firm. If you are no longer in possession of the original Certificate of Title to the vehicle, it is requested that you furnish our Firm with anytall information and documentation you have that may assist our Firm in this regard. Thank you for your assistance with this matter. Very truly yours, Craig enheimer, Esquire X. 11 coppenheimer@squirelaw.com RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard Fr Squire* Montgomery Count S!Office M.Troy Freedman - Craig A.Oppenheimer One Jenkintown Station ' Also Admitted in tr(D 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com March 19, 2013 Via Regular and Certified mail Return Receipt Requested Harrisburg Auto Auction 1100 S. York Street, Mechanicsburg, PA 17055 Re: 2002 Chevrolet Suburban-V8 LS Vehicle Identification Number(VIN#) 3GNFK16Z12G191997 To Whom It May Concern: Please be advised that this Firm represents United Auto Credit Corporation (hereinafter referred to as "United Auto"), the holder of a first priority lien on the above-referenced vehicle. United Auto is the holder of the aforementioned first-priority lien by way of an assignment from the Philadelphia Auto Superstore, the dealership where the above-referenced vehicle was purchased. Our client has advised us that, on or around September 17, 2012, a Shawn M. Willis entered into a contract for the purchase of the aforementioned vehicle from the Philadelphia Auto Superstore. Our client has further advised us that an original Certificate of Title issued by the Pennsylvania Department of Transportation (hereinafter referred to as"PENNDOT") has never been issued to this individual. A search of PENNDOT's Vehicle Records confirms that the aforementioned vehicle remains titled in the name of "Harrisburg Auto Auction." Our client is unable to procure a new Certificate of Title from PENNDOT without the original Certificate of Title. Therefore, please release the original Certificate of Title to this Firm. If you are no longer in possession of the original Certificate of Title to the vehicle, it is requested that you furnish our Firm with any/all information and documentation you have that may assist our Firm in this regard. Thank you for your assistance with this matter. Very truly yours, Craig enheimer, Esquire X. 11 coppenheimer @squirelaw.com RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard M.Squire* Montgomery Count Office M.Troy Freedman -- Y_ Craig A.Oppenheimer One Jenkintown Station Also Admitted in r1D 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.sq,uirelaw.com March 19, 2013 Via Regular and Certified mail Return Receipt Requested Harrisburg Auto Auction 900 Market Street, Lemoyne, PA 17043 Re: 2002 Chevrolet Suburban-V8 LS Vehicle Identification Number(VIN#) 3GNFK16Z12G191997 To Whom It May Concern: Please be advised that this Firm represents United Auto Credit Corporation (hereinafter referred to as "United Auto"), the holder of a first priority lien on the above-referenced vehicle. United Auto is the holder of the aforementioned first-priority lien by way of an assignment from the Philadelphia Auto Superstore, the dealership where the above-referenced vehicle was purchased. Our client has advised us that, on or around September 17, 2012, a Shawn M. Willis entered into a contract for the purchase of the aforementioned vehicle from the Philadelphia Auto Superstore. Our client has further advised us that an original Certificate of Title issued by the Pennsylvania Department of Transportation (hereinafter referred to as"PENNDOT") has never been issued to this individual. A search of PENNDOT's Vehicle Records confirms that the aforementioned vehicle remains titled in the name of "Harrisburg Auto Auction." Our client is unable to procure a new Certificate of Title from PENNDOT without the original Certificate of Title. Therefore, please release the original Certificate of Title to this Firm. If you are no longer in possession of the original Certificate of Title to the vehicle, it is requested that you furnish our Firm with any/all information and documentation you have that may assist our Firm in this regard. Thank you for your assistance with this matter. Very truly yours, Craig Oppenheimer, Esquire X. 11 coppenheimer @squirelaw.com F,1...ED-0 F"10E- COMMONWEALTH OF PENNSYLVANIA `E ' `` U 0�'C '`"`'{`'f ti 0 DEPARTMENT OF TRANSPORTATION 7013 JUL 19 PH 3. 2 OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON, ESQ. IO"UMBERLAND COUNTY ASSISTANT COUNSEL PENNSYLVANIA VEHICLE& TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 UNITED AUTO CREDIT CORPORATION, } IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. } PHILADELPHIA AUTO SUPERSTORE, et. al., } Defendants No. 2013-3590 CIVIL DEPARTMENT OF TRANSPORTATION'S PRELIMINARY OBJECTIONS AND NOW COMES the Defendant,the Commonwealth of Pennsylvania, Department of Transportation,Bureau of Motor Vehicles(Department),by and through its duly assigned counsel, Christopher J. Johnson, Esq., and respectfully files the below Preliminary Objections, as follows: A. FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (DEMURRER) 1. The Plaintiff has filed the present action seeking equitable relief in the nature of mandamus from the Department of Transportation,i.e. for the court to order the Department to issue two titles to two separate vehicles,in regard to both of which the Plaintiff claims to be the lienholder. The two vehicles in question,as of this date,are titled to Harrisburg Auto Auction. See attached exhibit"A." 2. The Department of Transportation,Bureau of Motor Vehicles is the Commonwealth Agency responsible for titling motor vehicles within the Commonwealth of Pennsylvania. 3. The vehicle titling process is governed by 75 Pa.C.S. Ch. 11. 4. The Department is precluded by the vehicle code from issuing any title unless the requirements of 75 Pa.C.S. Ch. 11 are met (the application process includes submitting certain required forms and accompanying documentation as well as paying the required fees and taxes). See . 75 Pa.C.S. §§1103.1-1109. 5. Plaintiff has failed to allege that any of the requirements for issuance of a certificate of title have been met. 6. Additionally,Plaintiff claims to be the lienholder of the vehicles in question,but has failed to allege that the requirements of 75 Pa.C.S. §1132.1 have been met(i.e., the completed application specifying the lienholder's address). 7. The Department takes no position as to who may have any vested legal rights in the vehicles in question — the Department's role in the titling process is purely ministerial. Additionally, the Department will honor any order from a court of competent jurisdiction with regard the two vehicles in question. 8. In order to state a claim in mandamus,the plaintiff is required to establish that: a. He has a clear legal right to the relief that he now seeks through mandamus; b. the Department has a corresponding legal duty to provide the requested relief to Carter; and c. Carter has no adequate alternative remedy available at law. Ko Am Political Action Committee v. Department of State, 760 A.2d 906 n.1 (Pa. Cmwlth. 2000). See also Brady v. Cortes, 873 A.2d 795, 797 n.2 (Pa. Cmwlth. 2005), aff'd per curiam, 582 Pa. 423, 872 A.2d 170 (2005), overruled on other grounds by Otter v. Cortes, 602 Pa. 516, 980 A.2d 1283 (2009) ("A writ of mandamus is an extraordinary remedy that compels official performance of a ministerial act or mandatory duty, as opposed to a discretionary act. Ko Am Political Action Committee v. Department of State, 760 A.2d 906 (Pa.Cmwlth.2000). It may be issued only where there is a clear legal right in the plaintiff, a corresponding duty in the defendant, and lack of any other appropriate and adequate remedy. M.");Lennitt v. Department of Corrections, 964 A.2d 37, 40 (Pa. Cmwlth. 2008) ("A mandamus action `is not proper to establish legal rights, but is only appropriate to enforce those rights which have already been established.' Feigley v. Department of Corrections, 731 A.2d 220, 222 (Pa.Cmwlth.1999)."). 9. Here plaintiff has failed to establish a clear legal right to the relief they are seeking. B. JURISDICTION 10. The jurisdiction of the court of common pleas is governed by 42 Pa.C.S. §§ 931-934, generally. "Except where exclusive original jurisdiction of an action or proceeding is by statute .... vested in another court of this Commonwealth,the courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings..."42 Pa.C.S. § 931 (a), emphasis added. 11. 42 Pa.C.S. § 761 grants original jurisdiction of all actions against the Commonwealth exclusively to the Commonwealth Court. 42 Pa.C.S. § 761. 12. The Department respectfully submits that the Department of Transportation should not be a party to the action herein, since it has no interest in who owns or has any rights in the vehicles in question, and since this Honorable Court is without subject matter jurisdiction to grant the relief requested with regard to the Department. WHEREFORE,the Commonwealth of Pennsylvania,Department of Transportation, Bureau of Motor Vehicles prays that this Honorable Court will grant its Preliminary Objections and enter an order dismissing the action as to the Department of Transportation. Respectfully submitted, -L� Christopher J. Jo son, Esq. Assistant Counsel Vehicle & Traffic Law Division Attorney I.D. No. 204296 Department of Transportation Office of Chief Counsel Riverfront Officer Center, Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 Attorney for Defendant Department of Transportation COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON, ESQ. ASSISTANT COUNSEL VEHICLE&TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 UNITED AUTO CREDIT CORPORATION, } IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. PHILADELPHIA AUTO SUPERSTORE, et. al., } Defendants No. 2013-3590 CIVIL PROOF OF SERVICE I hereby certify that I am on this day serving a copy of the Department's Prelinary Objectiosn upon the person, and in the manner, indicated below,which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: First Class Mail; Postage Pre-Paid; Addressed as Follows: M. Troy Freedman, Esq., 115 West Avenue Jenkintown, PA 19046 Philadelphia Auto Superstore Allan Menaker 1571 East Erie Avenue 1571 East Erie Avenue Philadelphia, PA 19124 Philadelphia, 19124 Harrisburg Auto Auction, Inc. Dolly M. Dodd 900 Market Street 4912 Knorr Street Lemoyne, PA 17043 Philadelphia, PA 19135 Shawn M. Willis 2061 Kingston Street Philadelphia, PA 19134 sto r J. so , Esq. As'sis t Co e Date: July 19, 2013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON, ESQ. ASSISTANT COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 UNITED AUTO CREDIT CORPORATION, } IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. } PHILADELPHIA AUTO SUPERSTORE, et. al., } Defendants No. 2013-3590 CIVIL VERIFICATION I,CHRISTOPHER J.JOHNSON,ESQ.,hereby verify that the facts and information set forth in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information, and belief. This verification is made with knowledge of the penalties set forth in 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities). Chri phe . Jo son, Esq. Assistant Counsel Attorney I.D.No. 204296 MV-131 (10/08) pennsytvania DEPARTMENT OF TRANSPORTATION CERTIFICATION AND ATTESTATION DATE: July 19, 2013 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles, of the Pennsylvania Department of Transportation, is the legal custodian of the Motor Vehicle records of the Pennsylvania Department of Transportation. ; IN TESTIMONY WHEREOF, i HAVE ;HEREUNTO SETMY HAND AND SEAL OF THIS DEPARTMENT-ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE,TITLE 42;°Pa CONSOLIDATED:STATUTES r t EAL BARRY jtscWCH, P.E., SECRETARY OF TRANSPORTATION' I hereby attest,that the document or documents. listed below and .attached hereto are full, true and correct photostatic, microfiche, microfilm or printed copies`;'of documents and/or electronically stored information of which f have legal custody, and that the copies conform to the requirements of.Section 6109 of`-the Judicial Code. 1) Title history for Title #70996038,2003 Toyota, VIN #5TDBT44AX3S138591 2) Trax"isaction History for Title #70996038; 3) ;Title history for Title #57021180, 2002 Chevrolet; YIN 43GNFY,16Z12G191997; 4) Transaction History for Title#570211.80.' C IN TESTIMONY WHEREOF;' `."HAVE HEREUNTO SET MY HAND AND .SEAL ON THE ABOVE DATE, IN ACCORDANCE WITH SECTION:6103OF THE JUDICIAL CODE. 0GC.e/-Ot, ..GCJ .�.�— SEAL ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES � 11 C7507700 2MV07701 VEHICLE INQUIRY DETAIL BY VIN PDT05145 7/19/13 OWNER Lessee: 000 Ckdt: HA Carrier: ARP: Flt: HARRISBURG AUTO AUCTION Title: 70996038. 8 Tag: GVW: 1570 E ERIE AVE Tl Seq: 02 Exp Dt: GCWT: PHILADELPHIA PA 19124 Tl Dt: 07/17/12 Rg Fee: . 00 Unl Wt: Tl Dup: 2 Axle Tx: . 00 Axles: Non Pa Tl: Pry Rn: GVWR: Reg Dups: GCWR: Make: TOYOTA Tag Tp: AWR: Model: SEQ P Tag: LESSEE Year: 2003 Tag Color Code: Body: SW Reg Pro: R TAX UNPAID VIN: 5TDBT44AX3S138592 Dealer Class : 00 Junk: Unclaimed: Equip No: A/C: Stolen Veh Dt: Van: Stolen Tag Dt: Purged Date: Renew WID: Est. WID: 12199 0378 000227 001 Stops: 21-IMINFO 22-DETAIL2 15-RETURN 16-NOTEPAD 18-LIENINFO 19-WIDHIST l C7507700 2MV07705 VEHICLE WID HISTORY ----END OF LIST---- Title : 70996038 SCROLL ==>: PAGE OPER TRAN PROC WID ID CODE DATE AMOUNT OVERPAY REF 13197 1630 000267 001 1630 08200 07/16/13 27 . 50 . 00 13070 0257 000071 002 0257 33010 03/11/13 5. 00 . 00 13059 0010 000819 001 4430 07100 03/04/13 22 . 50 . 00 12318 0378 000173 001 0378 01140 11/13/12 22 . 50 . 00 12200 9800 084730 001 9800 97000 07/18/12 . 00 . 00 12199 0378 000227 001 0378 01100 07/17/12 22 . 50 . 00 18-DETAIL 15-RETURN C7507700 2MV07701 VEHICLE INQUIRY DETAIL BY VIN PDT05145 7/19/13 OWNER Lessee: 000 Ckdt: HA. Carrier: ARP: Flt: HARRISBURG AUTO AUCTION Title: 57021180 2 Tag: GVW: 1100 SOUTH YORK STREET Tl Seq: 03 Exp Dt: GCWT: MECHANICSBURG PA 17055 T1 Dt: 01/17/02 Rg Fee: . 00 Unl Wt: Tl Dup: Axle Tx: . 00 Axles: Non Pa T1: Pry Rn: GVWR: Reg Dups: GCWR: Make: CHEVROLET Tag Tp: AWR: Model: K15 P Tag: ELD2107 LESSEE Year: 2002 Tag Color Code: Body: SW Reg Pro: R TAX UNPAID VIN: 3GNFK16Z12G191997 Dealer Class : 00 Junk: Unclaimed: Equip No: A/C: Stolen Veh Dt: Van: Stolen Tag Dt: Purged Date: Renew WID: Est. WID: 01361 0044 003731 001 Stops: 21-IMINFO 22-DETAIL2 15-RETURN 16-NOTEPAD 18-LIENINFO 19-WIDHIST C7507700 2MV07705 VEHICLE WID HISTORY PDT05145 7/19/13 Title : 57021180 SCROLL =_>: PAGE OPER TRAN PROC WID ID CODE DATE AMOUNT OVERPAY REF 13070 0257 000056 002 0257 33010 03/11/13 5. 00 . 00 12318 0378 000104 001 0378 01140 11/13/12 22 . 50 . 00 12256 0378 000095 001 0378 01140 09/12/12 22 . 50 . 00 12255 9800 007360 001 9800 97000 09/11/12 . 00 . 00 06341 9800 138350 001 9800 97000 12/07/06 . 00 . 00 06276 9800 262640 001 9800 97000 10/03/06 . 00 . 00 06275 2615 005360 001 2615 00640 10/02/06 37 . 00 . 00 05357 9800 135310 001 9800 97000 12/23/05 . 00 . 00 05320 3903 190430 001 3903 00640 11/16/05 37 . 00 . 00 04287 9800 252360 001 9800 97000 10/13/04 . 00 . 00 18-DETAIL 15-RETURN 20-NEXT - 1 Richard M. Squire&Associates,LLC Attorneys for'Plaintiff By: Richard M. Squire,Esquire Kevin P.Diskin,Esquire Craig Oppenheimer,Esquire FILED F.'� I.D.Nos. 04267/86727/313264 Ii�TFiOf 1ISP 't One Jenkintown Station, Suite 104 115 West Avenue 211�3 AUi All 10. Jenkintown, PA 19046 Telephone: 215-886-8790Cl� L , At` COUNTY Fax: 215-886-879 PE 'dFiS YLVANI A United Auto Credit Corporation, IN THE COURT OF COMMON PLEAS 1071 Camelback Suite 100, CUMBERLAND COUNTY, Newport Beach, CA 92660-3046 PENNSYLVANIA PLAINTIFF, V. TERM Allan Menaker DOCKET NO: 13-3590 Civil 1571 E. Erie Avenue Philadelphia, PA 19124-5603 CIVIL ACTION Philadelphia Auto Superstore C-) ` 1571 East Erie Avenue Philadelphia, PA 19124 x,71 Department of Transportation of the r-.. cC, Commonwealth of PA )> o Keystone Building, 400 North Street Harrisburg, PA 17120 _, z zj Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16th Floor, Strawberry Square Harrisburg, PA 17120 Harrisburg Auto Auction, Inc. 900 Market Street Lemoyne, PA 17043 Dolly M. Dodd 4912 Knorr Street Philadelphia, PA 19135-2402 Shawn M. Willis 2061 E. Kingston Street Philadelphia, PA 19134-2119 DEFENDANT(s). PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY: Please mark this matter as discontinued and ended without prejudice as to Defendant(s), Allan Menaker 1571 E. Erie Avenue and 1236 Scott Place, Philadelphia, PA 19124-5603 Warwick, PA 18974 Philadelphia Auto Superstore 1571 East Erie Avenue Philadelphia, PA 19124 Department of Transportation of the Commonwealth of PA Keystone Building, 400 North Street Harrisburg, PA 17120 Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16th Floor, Strawberry Square Harrisburg, PA 17120 Harrisburg Auto Auction, Inc. 900 Market Street Lemoyne, PA 17043 Dolly M. Dodd 4912 Knorr Street Philadelphia, PA 19135-2402 Shawn M. Willis 2061 E. Kingston Street Philadelphia, PA 19134-2119, upon payment of your costs only. RICHARD M. SQUIRE &ASSOCIATES, LLC By: Rich1'Squire, Esq. (PA I.D.#04267) Kevin P. Diskin, Esq. (PA I.D. # 86727) --r/Craig Oppenheimer.,Esq. (PA I.D.#313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@sq.uirelaw.com kdi skingsquirelaw.com conpenheimer(gsqui relaw.com Attorneys for Plaintiff Date: August 5, 2013 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire,Esquire Kevin P. Diskin,Esquire Craig Oppenheimer,Esquire I.D. Nos. 04267/86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 United Auto Credit Corporation, IN THE COURT OF COMMON PLEAS 1071 Camelback Suite 100, CUMBERLAND COUNTY, Newport Beach, CA 92660-3046 PENNSYLVANIA PLAINTIFF, V. TERM DOCKET NO: 13-3590 Civil Allan Menaker 1571 E. Erie Avenue CIVIL ACTION Philadelphia, PA 19124-5603 Philadelphia Auto Superstore 1571 East Erie Avenue Philadelphia, PA 19124 Department of Transportation of the Commonwealth of PA Keystone Building, 400 North Street Harrisburg, PA 17120 Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16th Floor, Strawberry Square Harrisburg, PA 17120 Harrisburg Auto Auction, Inc. 900 Market Street Lemoyne, PA 17043 Dolly M. Dodd 4912 Knorr Street Philadelphia, PA 19135-2402 Shawn M. Willis 2061 E. Kingston Street Philadelphia, PA 19134-2119 DEFENDANT(s). CERTIFICATE OF SERVICE I, Craig Oppenheimer, Esquire,hereby certify that, on this date,I served or caused to be served a true and correct copies of the foregoing PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE upon the following person(s)via regular mail -postage prepaid: Allan Menaker 1571 E.Erie Avenue and 1236 Scott Place, Philadelphia,PA 1.9124-5603 Warwick,PA 18974 Philadelphia Auto Superstore 1571 East Erie Avenue Philadelphia,PA 19124 Department of Transportation of the Commonwealth of PA Keystone Building,400 North Street Harrisburg,PA 17120 Department of Transportation of the Commonwealth of Pennsylvania c/o Attorney General of the Commonwealth of Pennsylvania 16th Floor, Strawberry Square Harrisburg,PA 17120 Department of Transportation of the Commonwealth of Pennsylvania Office of the Chief Counsel Vehicle&Traffic Law Division Riverfront Office Center,3`d Floor 1101 South Front Street, Harrisburg,PA 17104 Attn: Christopher J.Johnson,Esquire Harrisburg Auto Auction,Inc. 900 Market Street and 1100 S. York Street, Lemoyne,PA 17043 Mechanicsburg,PA 17055 Dolly M.Dodd 4912 Knorr Street Philadelphia,PA 19135-2402 Shawn M.Willis 2061 E.Kingston Street Philadelphia,PA 19134-2119 RICHARD M. SQUIRE&ASSOC -S,—L--vC ASSOC By: Rich . Squire, Esq. (PA I.D.#04267) Kevin P. Diskin, Esq. (PA I.D. # 86727) ,/Eraig Oppenheimer.,Esq. (PA I.D.#313264) 115 West Avenue, Suite 104 Jenkintown,PA 19046 215-886-8790 215-886-8791 (fax) rsqu i reg s q u ire l aw.com kdiskinaa,squirelaw.com coppenheimernasquirelaw.com Date:August 5,2013 Attorneys for Plaintiff -4- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith _ Chief Deputy gg rt "�c, tt .~ Richard W Stewart - c Solicitor RR C O SNEWP r- co C2. United r3 United Auto Credit Corporation N�i vs. Case umber Phildelphia Auto Superstore(et al.) 2013-3590 SHERIFF'S RETURN OF SERVICE 06/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Phildelphia Auto Superstore, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Bucks, Pennsylvania to serve the within Complaint& Notice according to law. 06/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Allan Menaker, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Bucks, Pennsylvania to serve the within Complaint& Notice according to law. 06/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Department of Transportation, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 06/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Department of Transportation, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 06/27/2013 09:30 AM-The requested Complaint&Notice served by the Sheriff of Bucks County upon Linda Menaker, wife, who accepted for Allan Menaker, at 1236 Scott Place, Warwick, PA 18974. Edward J. Donnelly, Sheriff, Return of Service attached to and made part of the within record. 06/27/2013 09:30 AM -The requested Complaint&Notice served by the Sheriff of Bucks County upon Linda Menaker, who accepted for Phildelphia Auto Superstore, at 1236 Scott Place,Warwick, PA 18974. Edward J. Donnelly, Sheriff, Return of Service attached to and made part of the within record. 07/01/2013 08:30 AM-The requested Complaint& Notice served by the Sheriff of Dauphin County upon John Tokarczyk, Director of Constituents, who accepted for Department of Transportation, at c/o Attorney General of the Commonwealth, 16th Floor Strawberry Square, Harrisburg, PA 17120. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 07/01/2013 08:46 AM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Kelly Krill, Legal Assistant who accepted for Department of Transportation, at Keystone Building, 400 North Street, Harrisburg, PA 17120. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 07/03/2013 10:53 AM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Todd Hoynitski, President, who accepted as"Adult Person in Charge"for Harrisburg Auto Auction, Inc. at 1100 South York Street, Upper Allen Township, Mechanicsburg, PA 17055. A IE DIMA , DEPUTY (c)CountySuito Sheriff,Toleosoft.Inc. SHERIFF COST: $121.30 SO ANSWERS, , August 05, 2013 RoNIV_ R ANDERSON, SHERIFF IC?C4untySuite Sheriff,Teleosoft,Inc. 2 o J 3 9.63 BUCKS COUNTY SHERIFF'S RETURN 4 of v Bucks County Case# 201331478 Filed 6/19/2013 in CUMBERLAND COUNTY Bucks Case# 201331478 Recd 6/25/2013 Invoice to be mailed to Special Instructions County Sheriffs Office Attn: Action Civil Action COMPLAINT&NOTICE Plaintiff UNITED AUTO CREDIT CORP -VS- Defendant ALLAN MENAKER WLADELPHIA AUTO SUPERSTORE 1236 SCOTT PL WARWICK,PA 18974 RICHARD M SQUIRE ESQ Address Served if Different Special Instructions Served nder Pa. R.C.P.#402 A(A)(i)Defendant personally served )(2)(i)Family Member W'j f67 - (A)(2)(i)Adult in Charge of Residence (A)(2)(ii)Manager/Clerk at Deft's Lodging (A)(2)(iii)Person in Charge of Business OF FTC x�?% ' , I' By Handling to rt B Y Posting i-li , 3:47a FOR J RICHARD M. Si:Uj Not Served w;;• ; �,-Fi• , 30 Days Ran Out Defendant Not Home Tl- #1902,18E-1124 121-00__� Defendant Moved Address Vacant �JTi•iL f41 D 141•€ji a Defendant Unknown Deputy needs better address TOTAL CO'S'T 121,0 Checked Post Office No Forwarding CHANGE I as•{�:. I I tea 1 il! Forwarding Address s 'j 3; Notes By Deputy t Witness At (�?93d o'cloc /,;W)on - a 7 -/L3 The above document w serve 'b the defendant as per information listed abo e_ f a s,Co wealth of Pennsylvania. So answers: Sher' f.Bucks Cou Affirme Ad Subscribed be rem_on his day x/.,702 Prothontar.V GL/ Affirmed and subscribed befor e on this day Notary Public My Com.Exp. `Oe 3 ZONE 6 ier " Shelley Ruhl Jack Duignan Real Esta a Deputy ?° Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania UNITED AUTO CREDIT CORPORATION VS DEPARTMENT OF TRANSPORTATION County of Dauphin OF THE COMMONWEALTH OF PENNSYLVANIA Sheriff s Return No. 2013-T-1913 OTHER COUNTY NO. 2013-3590 And now: JULY 1, 2013 at 8:46:00 AM served the within NOTICE & COMPLAINT upon DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA by personally handing to KELLI KRILL * I true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at KEYSTONE BLDG, 400 NORTH STREET HARRISBURG PA 17120 * LEGAL ASSISTANT Sworn and subscribed to So Answers, before me this 9TH day of July, 2013 QA/�— Sherif f Dauphin County, Pa. By ULO�U b m 0 COMMONWEALTH OF PENNSYLVANIA DepuK Sheriff NOTARIAL SEAL Deputy: JESSICA KARL Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $60.5 6/25/2013 My Commission Expires August 17,2014 t f 01 vritt Shelley Ruhl Jack Duignan Real Estate Deputy ? Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania UNITED AUTO CREDIT CORPORATION VS DEPARTMENT OF TRANSPORTATION County of Dauphin OF THE COMMONWEALTH OF PENNSYLVANIA Sheriff s Return No. 2013-T-1913 OTHER COUNTY NO. 2013-3590 And now: JULY 1, 2013 at 8:30:00 AM served the within NOTICE & COMPLAINT upon DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA by personally handing to JOHN TOKARCZYK * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O ATTORNEY GENERAL, STRAWBERRY SQUARE, 16TH FLOOR HARRISBURG PA 17128 * DIRECTOR OF CONSTITUENTS Sworn and subscribed to So Answers, before me this 9TH day of July, 2013 k ;� Sheri f of Dauphin County, Pa. By 0 COMMONWEALTH OF PENNSYLVANIA Dep en NOTARIAL SEAT. Deputy: JESSICA KARL Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $60.5 6/25/2013 My Commission Expires August 17,2014