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HomeMy WebLinkAbout02-0936Jo~]ason, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff L.B. SMITH LINCOLN-MERCURY, INC., Plaintiff BYUNGYOON SO, a/k/a ADAM S. SO, and CHONGSOOK SO, both individually and as husband and wife, and CHONGMUN SO, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-936 Civil Term CIVIL ACTION - LAW TO THE PROTHONOTARY: Please mark the above-captioned matter as discontinued with prejudice. :160421 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By:. Micl~el,/'. Cassidy Atto nt, Q,e~ I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff CERTII=ICA TE OF SERVICE AND NOW, this__ 15'r'" day of July 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas D. Gould, Esquire 2 E. Main Street Shiremanstown, PA 17011 JOHNSON, DUFFLE, STEWART & WEIDNER Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff L.B. SMITH LINCOLN-MERCURY, INC. 6391 Carlisle Pike Mechanicsburg, PA 17050, Plaintiff BYUNGYOON SO, a/Ida ADAM S. SO, and CHONGSOOK SO, both individually and as husband and wife; and CHONGMUN SO, jointly and severally 4414 Royal Oak Road Camp Hill, PA 17011, Defendants · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff L.B. SMITH LINCOLN-MERCURY, INC. 6391 Carlisle Pike Mechanicsburg, PA 17050, Plaintiff BYUNGYOON SO, a/k/a ADAM S. SO, and : CHONGSOOK SO, both individually and as : husband and wife; and CHONGMUN SO, jointly : and severally : 4414 Royal Oak Road : Camp Hill, PA 17011, Defendants · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW COMPLAINT AND NOW, this 2 ~ *v day of February 2002, comes the Plaintiff, L.B. SMITH LINCOLN-MERCURY, INC., by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, L.B. SMITH LINCOLN-MERCURY, INC. (hereinafter "L.B. Smith"), is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business at 6391 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, and is engaged in the business of retail automobile sales. 2. Defendants BYUNGYOON SO, a/k/a ADAM S. SO, and CHONGSOOK SO, husband and wife, are adult individuals who reside at 4414 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant CHONGMUN SO is the adult son of the above-referenced Defendants, and identifies his address as 4414 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On October 31, 2001, Defendants Byungyoon So and Chongmun So executed a Pennsylvania Simple Interest Vehicle Retail Installment Contract (hereinafter "Installment Contract") whereby Defendants agreed to purchase from Plaintiff a new 2001 Lincoln Navigator, VIN #5LMFU28A31LJ05454 (hereinafter "Vehicle"), for the cash price of $45,700.00. A true and correct copy of the Installment Contract is attached hereto, made part hereof, and marked as Exhibit "A." 5. Pursuant to the Installment Contract, Defendants Byungyoon So and Chongmun So agreed to make a cash down payment of $10,370.50, and finance the remaining $38,200.00, through Ford Motor Credit Company for a period of sixty (60) months at an annual percentage rate of 2.9%. 6. On October 31, 2001, contemporaneous with executing the Installment Contract, Defendants Byungyoon So and Chongmun So executed a Pennsylvania Department of Transportation Application for Certificate of Title to the Vehicle, transferring the vehicle title from L.B. Smith Lincoln-Mercury, Inc., to Byungyoon So and Chongmun So, and identifying Ford Motor Credit Company as the first lienholder on the Vehicle. A copy of the aforementioned Application for Certificate of Title is attached hereto, made part hereof, and marked as Exhibit "B." 7. On October 31, 2001, contemporaneous with executing the Installment Contract, Defendants Byungyoon So and Chongmun So signed the Navigator Delivery Checklist indicating acceptance of delivery of the Vehicle. A true and correct copy of the Navigator Delivery Checklist is attached hereto, made part hereof, and marked as Exhibit "C?' 8. Plaintiff filed the Application for Certificate of Title set forth in Exhibit "B," and the Pennsylvania Department of Transportation subsequently made formal transfer of title in the Vehicle to Defendants Byungyoon So and Chongmun So, naming Ford Motor Credit Company as first lienholder. 9. As required under the Installment Contract, Defendants attempted to pay the $10,370.50 down payment by issuing checks dated November 3, 2001, made payable to L.B. Smith on Fulton Bank account no. 361951216, and signed by Defendant Chongsook So, in the following amounts: check no. 1437, $4,370.50; check no. 1438, $3,000.00; and check no. 1439, $3,000.00. 10. On or about November 13, 2001, Plaintiff L.B. Smith received notification from its depository bank, PNC Bank, that each of the aforementioned checks was returned unpaid by Fulton Bank because a "stop payment" order had been issued for each check. 11. Defendants Byungyoon So and Chongmun So failed to make the down payment of $10,370.50 to Plaintiff as required pursuant to the Installment Contract. 12. Defendants Byungyoon So and Chongmun So failed to make payments to Ford Motor Credit Company as required pursuant to the Installment Contract. 13. Because Defendants Byungyoon So and Chongmun So failed to make installment payments required under the Installment Contract, Ford Motor Credit Company performed a voluntary repossession of the vehicle on or about January 15, 2002, thereby exercising its rights as first lienholder to take title of the vehicle because of Defendants' default. COUNT I Breach of Contract L.B. Smith Lincoln-Mercury, Inc. v. Byungyoon So, a/Ida Adam S. So, and Chongmun So 14. Paragraphs one (1) through thirteen (13) are incorporated herein as if fully set forth. 15. Plaintiff has performed its obligations under the Installment Contract by making delivery of the Vehicle to Defendants Byungyoon So and Chongmun So, and transferring title in the Vehicle to them. 16. Defendants Byungyoon So and Chongmun So have breached the Installment Contract by failing to make the down payment of $10,370.50 for the Vehicle. 17. Despite numerous attempts by Plaintiff to rectify the delinquency, Defendants Byungyoon So and Chongmun So have refused to satisfy the delinquency by making payment of $10,370.50, as required under the Installment Contract. 18. Plaintiff is entitled pursuant to the Installment Contract to reimbursement from Defendants Byungyoon So and Chongmun So for all legal fees and costs incurred in the collection of the delinquency. WHEREFORE, Plaintiff L.B. Smith Lincoln-Mercury, Inc., respectfully requests judgment in the amount of $10,370.50, together with interest, attorney fees, and costs. COUNT II Fraud L.B. Smith Lincoln-Mercury, Inc. v. Chongsook So 19. Paragraphs one (1) through eighteen (18) are incorporated herein as if fully set forth. 20. Defendant Chongsook So did knowingly and intentionally make and sign the checks as set forth above in paragraph 9 as down payment for the Vehicle for the purpose of inducing Plaintiff to transfer title in the Vehicle to Defendants Byungyoon So and Chongmun So. 21. Defendant Chongsook So did knowingly and intentionally stop payment on the aforementioned checks for the purpose of withholding payment to Plaintiff of $10,370.50, as total down payment on the Vehicle as required under the Installment Contract, which said amount is due and payable to Plaintiff. 22. Plaintiff reasonably relied upon the representations made by Defendant Chongsook So that the aforementioned checks would be honored by Fulton Bank as payment in full of the total down payment on the vehicle made pursuant to the Installment Contract, thereby inducing Plaintiff to transfer the vehicle title to Defendants Byungyoon So and Chongmun So. 23. Plaintiff has suffered damages as a result of the misrepresentations made by Defendant Chongsook So in the amount of $10,370.50, together with interest, attorney fees, and costs. WHEREFORE, Plaintiff L.B. Smith Lincoln-Mercury, Inc., respectfully requests judgment in the amount of $10,370.50, together with interest, attorney fees, and costs, if available. :154569 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Mich~ael ~. Cassidy ~ Attolne,v'l.D. No. 82164 301 M~rket Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, DOUGLAS BOYD, Assistant Comptroller of L.B. Smith Lincoln-Mercury, Inc., state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unswom falsification to authorities. Date: L.B. SMITH LINCOLN-MERCURY, INC. Douglas Boyd Exhibit A PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE ewer ~k~MaRe ~ Addm~ (Including C.o~nt~ and Zip Cede) CR~Dm3B (~ller Nm and Address} i ? ( ~ .*.-.'~-~ ~, '",., i0/3~V*O1 I 1. Cash Price ................................................................................... 2. Down Payment Third Par~/nebate Assigned tO Creditor ....................... $ ~ ' Cash Down Payment ................................................ $ 1~]?0.50 Total Down Payment ........................................................... $ 103'20. 50(2) 3. Unpa{d eaten©e of Cash Price (1 m{num 2) ................................. $ 35329.50(3) 4. Amount~ paid on your behait (~e{ler may be reMfo{ng ~ port{on of these amount) To {rmurarme Companies for Credit Life Iflsumnas (for term of contract) ..................... $ Credit Dlasblllty Insurarme (for term of contract) ............ __ ffer~ -.---~s (~s)l $--~-,~- To Publte Officials (l) ~. I~rme ($ ~'3. ~ Ufie ($ 22, ~'~ ), & registmUon ($ ' '~ $ (11) for filing fees $ "~' ; (iii) for tax~s (not In Cash Price) $ 27~2. To for Measenger Sewfoe ................ $ $ To for. $ Total ....................................................................................... $ · Amount Rnanced (3 plus 4) ................................................... ANNUAl: 'FINANCE PERCENTAGE CHARGE RATE ~e ~ atnoun~ 'Amount cm~ pro~ded to Total of achedu~d 2els. 50 55.00 25'7o. ~o (4) Total ~ale Price NON-MODIFICATION DISCLOSURE Do not sign 'this COntract In blank. You are entitled to an exact copy of the contract you sign. Keep it to prot~ your legal fights. '~ · ' ~:':~::~ ~-~ .-' ' / :-?_ BUyI~IGNS ~ ~ (CO} BYJYm SIGNS FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REQUIRED TO OBTAIN CREDIT UFE, CREDIT DISABILITY ANn OTHER:' OPT1ONAL~ INSURANCE. THIS CONTRACT Wl~L NOT'INCLUDE THEM UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. THIS CONTRACT DOES NOT INCLUDE UABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. [] ~ [] $ [~Oeduc~le I"1 Term ~ffl~ iEaffm~te) QUESTIONS? PLEASE CALL US AT 1-800-727-7000 00-001 { Buyer acknowledges meel~jTf a true and completely filled In cop~ time ;of signing. ~By M~n .~p b~, the 8~ ~ .th~_ ~efltra~ If no o~he~ A~ee h named In a ~ep~rate [~e ~ L~~ ~y ;~-.~/,.: ..... ~-"~: SELLER'S COPY (NON-TRANSFERABLE) ADDITIONAL AGREEMENTS A. Peymen~ amJ Summary Notice: You must make payments when they are due. You may pmpey your debt at any time without penalty. This is a simple Interest cuntmct. The actual flnen~e ehorge you agree to pay w~l depend on your payment patterns. The actual finance charge may exceed the disclosed Finance Charge if you mcke your payments later ~ the scheduled dates or in lees than the scheduled amount. The Creditor will apply your payments first to the earned and unpaid part of the Finance Charge. ~ thun to. the Anx3unt Rhencod. The Creditor esms the Ftoance Cherge'by agplylng the Annua~ Percentage Rate to the unpaid Amount Rnenced for the actual time the unpaid Amount Financed is outstandthg. If the vehicle is repnesessed, you will not have a dght to reinstate the contract unless Ifa Creditor agrees. B. Security In!si'est: You give the Creditor a security interest in: 1. The vehicle and all peda or other geede put on the vehicle; 2. All money or goods mnebmd for the vehicle; and 3. Ail icsumnna premiums and sewice ~on~cts financed for you.. This secures payment of all arrmunts you owe in this con,act, if C. Uss of Vehicle - WARRANTIES: You must take care of the vehicle and obey all laws In using it; You may not ss~l or rent the vehicle, and you must keep it free from the claims of o~ers. You will not use or permit the use of the vahi~e outside qf the United ~totes, except for up to 30 dey~ In Canada or Me,dun, without the prior written consent of the Creditor. If the vehfole la of a type normally used for' pereorml use al~d the Creditor, or the vehlote'a manofaofurer, ex!uncle a written warreofy er ~ eeofreof cevertog the vehlele within 90 dayo from If~e date of thle eontmof, you get Implied wmra~tles of marchantablitty and Iflaess for a par!fouler purpa~e ~oveIfng the vehfole. Otherwlee, you undemtmof and agree that there D. Ineurar, ea: You must lnaure yourself and!he Credltoragehtst lees m' damage to the vehicle. The Creditor must pppmve the type and amount of btaumnce, ff the Creditor obtebta a roland on insurance or salvias contacts, the Creditor will subtract the ratoed from what you owe. Whether o~ not the vehlcte la toaumd, you must pay for It If E la toe!, damaged, er destroyed. If a charge for vehicle lasuranee is shown on the front, ~e Ci'editor Will b7 to buy the coverages checked for the tan'n shown. The Creditor is not [table. though, if he sannot de es. If these Creditor may buy them for a shorter term or he may give you credit for the amount shown, it ha manet buy any Insumnna, he will give you credit for the amount shown. The credit wil[ be made E, Late Charge: You will have to pay a.late chm'ge on the portion el each payment made more than tan doyo late. The charge is shown on the front. Acceptenna of a lets paymeot does not excuse your default or mesh that you can keep making payments after they are due. The Cmdlter may take the steps est forlh in this contract, If there is any default. F. Default: You wlll be in default thL 1. You do not meha a payment when If is due; or 2. You gave false or misleading In!mas!lan on ~our cmdIf application relating to this contact; or · 3. Your vehicle is seized by any local, stets, or i'edoral authority and is not promptly and unconditisneity returned to you; or 4. ~You file a henkmptcy pethfon.or one is itled age nat you; or 5. You do not knep'auy other proralne In this contract If you are In default, the Creditor may raguim you to pay at once the uppald Amount Fmanned, the esmed and UnPaid part o! the Finance charge and all other amounts due Under this cdntraot. He may repossess (lake deck) the vehE~ie, too. He may aJau take goods found in or un the veh{cle when 'rapcossesed and hold them for you. If the vehicle ia taken beck, he will send you a notice. The notice will ~ay that you may redeem (buy pack) the vehicle. It will also show the amount needed to redeemS' YdU may redeem the vehicle up to the time the Creditor eslis it or agrees to sell ~ If you do not redeem the vehicle, If will be So[cl. The creditor will usa the money f~om the sale, less the allowed expenses, to pay the amount still owed on this contract. Expanses paid as a direct rssull of having to retake the vehicle. hold If for sale, aud sell it am, es palm!ired bY law, allowed expenses. Lawyem' tee~ and legal ~:mts permitted by law Am allowed; t~3. 'The Credif~ wal :pay you any [money leff.(a surplus). You will pay any money ~fll owing'stte(the sola to the Cradlter. If you do not pay. this amount when the Creditor asks !tm Creditor may charge you Interest st the highest b. wful rate until you pay.- G. General: To contact_ Ford M~tor Credit Company about this account, call 1-(800) 727-7000. The law of peansyhrania applies to this conb'au~ if the law does not allow all of the agreements in this contract, the ones that'are not allowed will be.void. The rest of this contract will sill! he ge<xl. NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJEC'F 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. Used Motor Vehfole Buym'~ Guide. ti you are buying a used vehicle with this conlmct, federal regulations .may require a ~neclal Buyers Guide to he displayed on the window of the vehk,'le. 3~IE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. GUARANTY To, caune the 8otter to esll the vehicle de~on'hed en the front of this coeh'acl to the Buyer, un credit, each ~neon who signs below as Itha who~e amount owed even it. one or mom other pa~x~ also ~ne this Guare~y. He ales agrees to be itedte auen if the Creditor dtece~ one or pare of. ~l~.h~. ~ f~c~.~g: (a) gives the Ewer mom time t0 pay one a' mom payments, or (b} gives a raleeae In fu, or th~a~ FC 17637 SI OCT 00 AGREEMENT TU PHUVIUI= IN:SUHANUI= · TO; FORD MO'~OR CREDIT COMPANy, P.O. BOX 5245, SPRINGFIELD, OH 45501 COMBINED ADDITIONAL COVERAGES AND WITH 81,0OO MAXIMUM DEDUCTIBLES. iNSURANCE MAY SE OBTAINED FROM A PERSON OF YOUR CHOICE. .. My present Insurarme COverage includes the required coverage. I WILL MAINTAIN CONTINUOUS INSURANCE through the Insurance company shown below, requesting my egent to note the lienholder's interest in the vehicle and endorse the policy with a loss payebie endorsement in favor of the Uenholder at the above address. .. PURCHASER · N=., BYUNGYOON $O ~ 4414 ROYAL OAK RD sm, CAMP HILL PA 17011 INSU~NC 5 AGENT ~ . INSURANCE COMPANY DEALER COPY ~ Ford Credit APPLICATION STATEMENT (Please Print) ...... E ~ R~-TAIL r-1RCL r~ OTHEI~ I ~%~ - , ~A~.)~¥1~, · .',':/'~1 ~. · I- ' -~a~'~ '[~-t~' .'..' , I~.~ . I~ ~ I__ ___ I~ 3~ s~ [~. , I.d..~:~l~,~ ~,....~. 1,..=,~)~ 7(--~ ..1~ .~D~=~.. - .../"~.-.. ~ 'l~.~~M~w : .......... : ....... ~ .. ~ .... -. · .~.~.'...- :~ ~ ..... ...., ~ .. - Cune~ Et"~oy~'Name (~'~'"~-1 · } :. .. . ' , . . ' ''' ' ' ;. · .- ~,~,~,~' ,.' '. I.w.-~,- ' ~'. ...' I~ ~; ",.-: . :"':'/;;.,... l' 1,., ....I"' 'l (~) ~ (,,~ ~ " . ,~.. (3) . . For the put.se ot s~urlng c~dlt from you, I ~i~ that the above information is true and cemplste m the b~t' of my ~o~ge.:Appll~nt '~her ~es ~all have.~aln~ ~eage ~ maJor~.'Applicant a~o~d you, ~. ch~k.'my c~it'.and' employment.' hl~o~ and ..to' p~vlde ancot ~ln Infomaflon 'abo~ c~lt eXperlen~ with ~;. :' , . :...' ,~- ~ .. . . . · . .... . : , .-~.,,;,- ..;- . . . · . . .' -..... ul~ u~ I ~ si ~-~- ~ '~ ~ ~ I~' -~ ., -~) ac~ by slgn~n9 thM d~ that I h~e rMd ~ s~ ~ ~Is fo~. [] Unmarried [] Separated wing Ad(Ire, City MARITAL PROPERTY AGREEMENT NOTICE NO provlslons of any marltel .property ~agmement, unilateral statement under Section 766.69 Wleconeln Statutes Or Court Decree under Section 766.70 wisco'natln stetutes adversely affects the Interest of Ford Credit unless Ford Credit, prior to the time the credit Is granted, Is furnlr~hed a copy of the agreement, statement or decree, or has actual knowledge of the adverse provle!on when the"~bllgatlon to Ford Credit le Incurred. I have applied for credit from This Obli~atlon (check only one) STATEMENT OF MARITAL PURPOSE For the purpose of purchasing [] Is [] Is not Being Incurred in the interest of my marriage or family. Slgnature: DEALER STATE SPECIFIC DISCLOSURES MAINE RESIDENT . · . .. If your credit application is approved and.you finance the Purchase of your motor vehicle through. Ford Credit, you will be required to Insure the vehicle against loss or damage. Ford Credit requires collision coverage and comprehensive coverage or fire and theft ceverege. In addlti0n~ If this application Is for a lease, Ford Credlt'wlll also require youtO obtain liability Insurance. You have the option to select an agent or broker of your choice, whether or not afflllsted with Ford CmdR. Obtelnlhg Insurenea from a particular agent or broker does not affect cradlt decisions by Ford Credit, i~nless the insurance product selected violates the terms of your contract for the purchase or lease of the motor vehicle. NEW YORK RESIDENT A Consumer Report may .be requested In connection with this application for credit or any future update, renewal; or extension of such credit. Upon request, you will be informed whether or not a consumer report was requested. If a report was requested, you will be informed of the name and address of the consumer agency that furnished the report. RHODE ISLAND RESIDENT A Credit Report may be requested in connection with this application for credit. Vehicle Insurance may be obtained from a person of your choice. TENNESSEE RESIDENT You must 'mainteln Insurance during the term of the contract.'You must give the Creditor evidence of this 'Insurance.~. VERMONT RESIDENT By signing this credit application, Applicant consents to your obtaining a credit report for the purposes of evaluating this appllcetlon and to obteln subsequent credit reporta, In connsetlon with this traneactlon, for the purpose of reviewing the account, teldng collection action un the account or for any other legiflmate purpose seeoclated with the account. Ford Credit APPLICATION STATEMENT (Please Print) ~ CLA~S CODE: [] RETAIL [] RCL [] OTHER [] Jr, - I lO'c~M~g o~ 4 r-I "o ~cu~,,~.~,..~,,,,--~,~ . . '. ~ : . ::~.. :.:...:.. :... r I '1 I $1 .' ~77 ' · . . . [ '. ' " }o~'lhe ~u~e of ~urln~ ~redt l~m lou. I oe,l~ lhst lhe ikve Into~l~on le lrue ~n'd ~ompIste 1o' lhe heel .~ mi k~o~ge, ippIi~nt luther ~ed ~ th~ I'h~ve 8~ln~ the ~ ot mBlofl~, lppIl~l,t o~hoti~ lou. Io ~o/ ~(mf~e) · T~(~ . ,~)'(g) ~'l '--I ~" 1~ I'~ I~'~' ]J4~/~' ' ~.'~n''..,,.,.$. 14' e ] I [ I I ~A:*' I ~ka~1~dge ~ elsnln9 this "~,~ ~at I ~ ~ ~ ~ia f~m. d~l~ ~d ~s asMgns ~y ~h~ .nd u~e I~r~o~ 'a~ you, Ine~ln~ Infor~lon In ~1~ appl~on, ~th ~U~ th~ am mla~ ~ ~mmon Appllca~ Slgnpmm: ~ ~ C.-. ~'~~~. Date: , NON-APPL CANT-5~O~ INFORMATION : .... ~ ~.. ~ Ma~ ..;~ - . . -..':~" ~ Unmated % ', ' .. ,.'.~ ~ S~ ' MARITAL PROPERTY AGREEMENT NOTICE NO provisions of any marital property agreement, unllataral statement under Section 766.59 Wisconsin Statutes Or Court Decree under Section 766.70 Wisconsin Statutes adversely affects the Interest of Ford Credit unless Ford Credit, prior to the time the credit Is granted, Is furnished a COPY of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to Ford Credit Is' Incurred. .... ........ -~T--AT--E~-NT OF'~'R'ITAL P~R~E .......... I have applied for credit from For the purpose of purehaelng This Obligation (check only one) [] IS ~ [:3 Is not Being incurred In the Interest of my marriage or' family. Signature: DEALER : STATE SPECIFIC DISCLOSURES MAINE RESIDENT If your credit application Is approved end you finance the purchase of your motor vehicle through Ford Credit, you will be required to Insure the vehicle against lose or damage. Ford Credit requires collision coverage and comPrehensive Coverage or fire arid theft Coverage. In iiUditlon, If this appllcetion'iS for a lease, Ford Credit will also require you to obtain liability insurance. .~ You have the option to select an agent or broker of your choice, whether or not affiliated with Ford Credit. Obtaining Insurance from a particular agent or broker does not affect credit decisions by Ford Credit, unless the Insurance product selected violates the terms of your contract for the purchase or lease of the motor vehicle. NEW YORK RESIDENT ' ' ' A Consumer Report may~e requested in connection with'this application for credit or'any future Update, renewal, or extension of such credit. Upon request, you will be Informed whether or not a consumer report was requested. If a report was requested, you will be Informed of the name and address of the consumer agency that furnished the report. OHIO RESIDENT = ... * ' ' · ' ' ~'. i The Ohio laWs against dissri~inati0n .requ.ire that all creditOrS make '.~redlt ~qually avaiiabie 't& ali crodlt-W°Hl~Y RHODE ISLAND RESIDENT A Credit Report may be requested In connection with this application for credit. Vehicle Insurance may be obtained from a person of your choice. TENNESSEE RESIDENT You must maintain insurance during the term of the 'contract. You must give th~ Creditor evidence of thle Insurance: The amount and type, of insurance mp~ be acceptable.tO ,the Creditor. YOU MAY CHOOSE THE PERSON THROUGH~ VERMONT RESIDENT By signing this credit appllcetlon~ Applicant consents to your obtaining · credit report for the purposes of evaluating this application end to obtain subsequent credit reports, In connection with this transaction, for the purpose of reviewing the account, taking collection action on the account or for any other legltlmste purpose assoclsted With the account. FC 7141-G/CM3 Apr 00 Previous editions n~y NOT be used except In Vermont. SIDE B Exhibit B 'N0.'.8385486 A. PA ~ i~IU~eER'(A~ sHOWN 0N ~TTACHED 'flTEE) ' ~ ........ MillE1 OF' ~-~C[.E MO,DEL Y~ a,.. ~T ~E (OR ~ BUS~E~ N~E) RR~ ~ Mt~ ~ ..... · .. ~570~. 00. ~ ~-SE~ ~": '~,-,-:>'V '. "'~' , :':; :.~ :~ ":,Z',v'':' "" '::'~:'-": '"'";'~ .~ ~: .%?':;';:L,~:~ tS~Tax~ ~ 8~ ~ or · '" ,~=m~l. 27~. 00 , l C. ~N~'(OR~BUSlNESS~E[ ' .... RR~N~E MIDD~ ~IRED/ 1AE ' ' ~ ' -.~:~:;?:ROY.~Lb;'O~?.:.:~D,;'/v :?t-.' :'::'.: '.-;':::;:5:?::':: .:.: ':, .4' :'¥,' '.~o :. ::;:, ,: :~,. ?:- t::..?. , :, :::t ~:-:.~.~.'~ ~:'{, ~ '. D' ~ NAM~OR ~ BUSINE~ ~E) R~ ~E MI~ IN~ D~ ~ED/ . :-:: .:.l .,.. ?~ll: I :l'l' I:~,l.: 9: ,:..l:l:l:.: .l.;~ : ?::,l:~. 'lll l.'~' ~,~l:,:~ ~,.~::~]:,l ~:~:, '':~ '}l' lllll :I.LI :l I .': ~,~. i.' " ~ P~BEI~UEDBY ~ ~R&~N~LOF~ (~lthmS) 9~ ~' ~ ~ 1 ' : ' SU~N~BUR~(~F:OFMu~ B~ ~-IN~'. ~ ~R}~EME~ ~P~ .' (.':~' [~'::: l' ;F. "'. :l l.. : 'l: ,~HED. FI:.:" ' :,: "/ ~I?~R:~E~E~O~:~R 4:l) ::.e~Dmr~ c~ ' ~9~ i : II ~CE~HA~P~LE~SlONSOF~E~HIO~OODE .J ' ~S NA G.,::¥ I/WE GE~ T~T I~ ~:.E~IN,~ ~Q.:~NED ~18 FO~M ~R ~. ~~=~T,~E INF~N ~N~ ~RUE ~D. GO~E~. ~, ~N EXEMP~  ..... ~E~m. Oi~,~'~.~;~,~r :, ~ .: ~P~E~MBER. '. ~,o~r.., ),~....~.--1 ~.~ .:. . .. ~.' -;~" J--~ ~ ~' .~..- ~. ~.. ..... "' ME~ .~ ..... , ..... :.~.... . :.. ~: ~ ...~; F ........... :, · :~ .. ..- ., . ........ ., · ~NT ~,a~ ~f ~:Pu~/T~e ~ ~Ut~fl~ed 8i~ne~ .' . .' :' . . ' . . 8~t~m ~ ~le~ . ~. ' : . ..: .: H."~ ~ N~TE~fac~-Purchase~otherthanyoursp~u~ei~i~ted~ndyouWantthetitlet~be~is~ed.a.s~"JointTen~tswith ~ ~ ;Right of Survivorship" (On death of one owner, title goes to surviving owner.) CHECK HERE ~. Otherwise, the title ~ will be issued as "Tenants in Commo,,'(On death ~f one'~,:ner .l~terest of deceased owner goes to his/her heirs or ~ ~- estate). ' ..... : """ ' MESSENGER NUMBER: 2. DEALER/ISSUING AGENT unless the rchaser is · regi~tered deale~' holding the;'~ehicle {or resale. · C~R PRINT) Certificate of Title must ~e suom~[[eo ~u.. ~ u~yo, .......... r ....... ~L._ ~: ~ ~0 ~ ~ ~ ~CHECK HERE IF APPLICATION FOR DEALER TITLE AND COMPLETE SECTION D. TITLING FEES ~ EC CUSTOMER'S NAME ODOMETER DISCLOSURE'STATEMENT Federqt lint (and Sta~ ~a~ ~e~ge providing a false statement raay result.in fines and/. l~I .. of owned'ship. Failure to complete or or imprisonment, I, L B SMITH LINCOLN-MERCURY INC. (transferor's name, prlnO .. state that the odometer now reads 5 _~ 9 ~ (no tenths) miles and to the best~l' ' of my knowledge that it reflects the actt~al mileage of the vehicle described below,~l unless one of tl~e following statements is checked. ' i [] (1) I hereby certify that to the best of my knowledge the odometer reading i~l reflects the amount Of mileag~ in excess of its mechanical limits, [] (2) I hereby certify that the odometer reading is NOT the actual mileage. WARNING - ODOMETER DISCREPANCY. N~VIGATOR ~DR SPTUTY 01 X TRANSFEROR'S SIGNATURE L B SMITH LINCOLn-MERCURY INC. ~RI~EO NAME 6391 CARLISLE 'PIKE .... TRANSFEROR'S ADDRESS (STREET) .' .7o,s OCTOS~n "3[, 200[ ./ / _~~ ~ PRINTED NAME CHONGMUlq' M SO TRANSFEI~E~ NAME :TRANSFEREE*S ADDRESS [STREET~ CAMP HILL~' PA' '- 170i 1 'STATE Exhibit C 'NAVIGATOR DELIVERY CHECKLIST ADA~ S SO Prepared For ~ILLIAMS, CRAIG L .o~Ns~s ~ME 5LMFU28A31LJ0545% DELNEAY PERSON VEHICLE IDENTIFICA~ON NUMBER (YIN) Congratulations on your new Navigator purchase[ The Lincoln Commitment' is a pmmlae to do our/.~st to satisfy your total transportation needs. As part of our commitme~['~/~ ceJ'tify that all the pre-delivery items on the reverse side of this ~erm hav~ I~ee~' c.b~cked to help ensure your satisfaction with your new vehicle. \ ./ //// ,.. Slnceraly, D~GENE~N. MANAGERS SIGNATURE Qualit Vehicle Check r-i Pra-delivery inspection performed [] Vehide mad tested [] Idle quality [] Audio system [] Verified all ordered factory accessories installed on vehicle [] Cleanliness inside [] Cleanliness outside Delivery Document Review [] Explained delivery process [] Explained Lincoln Commitment® and periodic custom~[ satisfaction surveys 1'-1 ~tie document [] Registration Work progress/procedures · [] Financing documents [] Extended Service Plan [] Roadside Service Assistance benefits [] Warranty coverage and tire information [] Owner Guide [] Reviewed Safety Advice Card Service Department Introduction [] Toured se~ce department at time of _ sale or_ delivery [] (ntmduced customer to service department personnel [] Reviewed dealership service procedures [] Explained Service Loaner Program [] Explained Maintenance Schedule and Record Booklet [] Scheduled the first murine maintenance appointment Appointment date and time: / Follow-Up [] Desired date and time of call: Phone number: Optional Items REVISEDll/99 DCgNEG Vehicle Presentation Operating. Features [] Remote Keylass Illuminated Entry, numeric keypad, function of both key fobs [] Power windows, door Iocl~ quarter windows [] Remote memory seat, mirrors [] Vehicle starting procedures (brake/shift interlock) [] Audio system, set stations; clock operation, set time I'-I Overhead information center and storage console [] Operation of lights, fog lamps [] Wiper and washer operation [] Rear window wip~ washer and defroster operation [] Adjustable steering wheel operation [] Steering wheel duplicate audio and climate controls [] Electronic Automatic Temperature Control system [] Second Generation driver- and passenger-side airbag Supplemental Restraint System (SRS) [] Anti-lock Brakes (ABS) ::i.. [] SecuriLock" passive anti-theft system [] Accessory delay [] Adjustable safety-belt D-ringa for lst- and 2nd-mw outboard passengers [] Childpmof rear-door locks [] 2nd-row fold-flat bucket seats and 3rd-mw access [] 2nd-mw audio, fan controls [] 3rd-rew bench seat ramoval/installation [] 3rd-row bench seat with rollers and tip/fold-flat/stow/lock feature [] Overdrive lockout [] Fail-safe cooling system [] Fuel pump shut-off switch [] Power adjustable pedal system [] Universal garage door opener [] Hood and liftgate operation [] Trailer hitch and wiring harness connector El Spare tire, jack location and operation Optional Features [] Reverse Sensing System [] Power folding sideview exterior mirrors [] Climate-controlled front seats [] Navigation system [] 2nd-row 60/40 split-fold bench seat [] Power moonmof [] ControlTrac" 4-wheel-drive system [] Hends-free programmable portable cellular telephone [] Four-corner air suspension operation (standard on 4x4) [] Auxiliary climate control system [] Six-disc CD changer Orientation Drive [] Customer orientation drive [] Provided a full tank of fuel [] Provided two sets of keys Checklist Review Customer Sign-Off [] I have persor4ally'e~(i31~ii~%a"the-New Vehicle Limited Warranty coverages, indg~ding the 4-year/50,OO0-mile bumper to. bumper warranty · ."~<-: ,.'.., J ~ . ~,;~ .~..z~,~-' / /" .-. . /' / .',;:'~-'"/,~" ~ (.b ~ ' / ,/~'; -- ~.' / -,.:'~/' ( s a ru, ....- ' ' '[~Ji"a.~nowledge-thet'allit~r~'s"~'heckod on this delivery form have been reviewed wi~t'i'~nezby my delivery person to my satisfaction. %. J//?. ........... ? .... ,~ . Orljin~l ~i~ O~ner Carbon CoI~: De~ler NAVIGATOR DELIVERY CHECKLIST Prior to delivery of your vehicle, the following checks and inspections were performed: Checked Operation Of: · Battery · Doors and latches · Safety belts · Lights · Windshield wipers and washers · Audio system · Electronic Automatic Temperature Control system · Tilt steering wheel · - Keyless Entry, key fobs · Airbeg (SRS) readiness light Speed control Power mirrors Power windows, locks, seats Memory seats, mirrors, pedals Auto headlamps SecuriLockTM passive anti-theft system Power moonroof Checked Fluid Levels Of: · Engine oil and coolant · Washer fluid · Brake system · Power steering system · Automatic transmission In addition, a road test was made to check the following performance items: Engine Drivability-- Checked For: · Starting system efficiency · Idle quality · · Acceleration performance · Unusual noises, vibrations Automatic Transmission-- Checked That: · Engine started in Par~ or Neutral · Initial band and clutch en~agernent are smooth · · Upshifts and downshifts are smooth Steering --Checked For: · Wander and free play · · Proper wheel operation Brakes--Checked For: · Pedal height · Effort needed to apply · Parking brake operation and reJease Noise-- Road Tested: · · On rough roads to detect squeaks and rattles · At highway speeds to detect noise or vibration Instruments: · Verified operation of all gauges It's car a out y ur sa · ' Optional Features SHERIFF'S RETURN - REGULAR CASE NO: 2002-00936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND L B SMITH LINCOLN MERCURY INC VS SO BYUNGYOON ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SO BYUNGYOON SO A/K/A ADAM SO the DEFENDANT at 4414 ROYAL OAK ROAD , at 2036:00 HOURS, on the 27th day of February , 2002 CAMP HILL, PA 17011 by handing to BYUNGYOON SO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ ~ day of A.D. ! ~rot~bnotary~ , ~ So Answers: R. Thomas Kline 03/15/2002 JOHNSON DUFFIE STEWART WEIDNER Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND L B SMITH LINCOLN MERCURY INC VS SO BYUNGYOON ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SO CHONGSOOK the DEFENDANT at 4414 ROYAL OAK ROAD , at 2036:00 HOURS, on the 27th day of February , 2002 CAMP HILL, PA 17011 by handing to CHONGSOOK SO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /9 ~ day of ~fothonotary ' So Answers: R. Thomas Kline 03/15/2002 JOHNSON DUFFIE STEWART WEIDNER By: ~~epu~S~eriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND L B SMITH LINCOLN MERCURY INC VS SO BYUNGYOON ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SO CHONGMUN the DEFENDANT at 4414 ROYAL OAK ROAD , at 2025:00 HOURS, on the 14th day of March , 2002 CAMP HILL, PA 17011 by handing to CHONGSOOK SO, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this /~ ~ day of ' ~rothonot~y- ' So Answers: R. Thomas Kline 03/15/2002 JOHNSON DUFFIE STEWART WEIDNER Deputy Sheriff