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14-6902
Supreme Co nnsylvania Cou fs oltnlllo leas For Prothonotary Use Only: T a t f t y Docket No: Cu rlan' /% County q, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and setv!ice ofpleadings of other papers as required 6v law or rules of court. Commencement of Action: El Complaint El Writ of Summons ® Petition Transfer from Another Jurisdiction [3Declaration of Taking ' E C Lead Plaintiffs Name: Lead Defendant's Name: ,r Walter Jackson-Hill Spankey's Auto Sales Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes ® No (check one) 13outside arbitration limits lfl N Is this a Class Action Suit? ®Yes eNo Is this an MDJAppeal? (3 Yes (01No A Name of Plaintiff/Appellant's Attorney: Joseph T. Sucec, Esq. Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional Q Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment ® Motor Vehicle M Debt Collection:Other E3 Board of Elections Nuisance [3 Dept.of Transportation 0 Premises Liability El Statutory Appeal:Other S [3 Product Liability (does not include E mass tarn ® Employment Dispute: Slander/Libel!Defamation Discrimination C ® Other: Employment Dispute:Other ® Zoning Board T El Other: Q Other: 0, MASS TORT Q Asbestos N ® Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: 0 Ejectment 0 Common Law/Statutory Arbitration 0 Eminent Domain/Condemnation Declaratory Judgment D Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 13 Quo Warranto Dental .Partition -Replevin Q Legal Quiet Title [31 Other: Medical © Other: 0 Other Professional: Updated 11112011 ur- IN THE COURT OF COMMON PLEAS }i - RR0 a c,0r�y CUMBERLAND COUNTY, PENNSYLVANIA L ,1 1 g01V 2 J P N 2: 42 WALTER JACKSON-HILL C[,H 3 E l';L A D C OUN j y 522 Second Street f'E N t6 Y LVA' l A Carlisle, PA 17013 Plaintiff n1 v no. j q- j 90, CUJ SPANKEY'S AUTO SALES 605 East Locust Street CIVIL ACTION—LAW Mechanicsburg, PA 17055 and - LAST CHANCE AUTO FINANCE LLC 605 East Locust Street JURY TRIAL DEMANDED Mechanicsburg, PA 17055 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 THE 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 OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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. MID PENN LEGAL SERVICES 401 E. Louther Street Suite 103 Carlisle, PA 17013 717) 243-9400 Toll Free ( 800) 822- 5288 Joseph T,Sucec,Esq. Attorney for Plaintiff 325 Peach Glen Idaville Road Gardners,PA 17324 717-315-2359 joesucec@comcast.net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER JACKSON-HILL 522 Second Street Carlisle, PA 17013 Plaintiff v no. SPANKEY'S AUTO SALES 605 East Locust Street CIVIL ACTION—LAW Mechanicsburg, PA 17055 and LAST CHANCE AUTO FINANCE LLC 605 East Locust Street JURY TRIAL DEMANDED Mechanicsburg, PA 17055 COMPLAINT Plaintiff Walter Jackson-Hill, through his attorney Joseph T. Sucec, Esq. , hereby files the following Complaint in Breach of Contract, Illegal Repossession, and Abuse of Process, as follows: 1 Plaintiff is an adult individual, who was/is a resident of Cumberland County, Pennsylvania, and is, under the Pennsylvania Rules of Civil Procedure, "a person." 2 Defendants are, according to reason and belief, Corporations, located in Cumberland County, Pennsylvania, and are, under the Pennsylvania Rules of Civil Procedure, "persons." 3 According to reason and belief, it is averred that Defendant Spankey's Auto Sales is in the business of selling used automobiles, Defendant Last Chance Auto Finance, LLC is in the business of financing and collecting payment of said, and the two Defendants are related thus in a symbiotic manner, rendering the actions of either defendant in either agency or a master/servant arrangement. Therefore, each is vicarious liable for the actions of the other under Pennsylvania law. 4 Common Pleas Court jurisdiction is plenary under 42 Pa CS 741. OPERATIVE FACTS 5 On or about December 28, 2012, Plaintiff and Spankey's Auto Sales executed an installment sales contract for a 2005 Jeep Grand Cherokee (see attached exhibits) 6 In addition to an agreed $2,000 down payment on the vehicle, Plaintiff paid $5016.24 for a total of$7016.24. 7 The contract indicates $278.68 per month for 18 months or $5016.24. 8 However, when Plaintiff made his final payment on July 25, 2014 (see attached exhibits), Defendant Spankey's Auto Sales sent Plaintiff a letter claiming that Plaintiff still owed $1,900.00 9 Upon making a telephone call, on or about August 1, 2014, to Spankey's to correct the discrepancy, an unidentified party at Defendant Spankey's telephone number, claimed that said owed figure was in fact $1,622. 10 Defendant Spankey's, in its letter dated (see attached exhibits), claimed "late fees," when, in fact, Plaintiff tendered payment at Defendants' Mechanicsburg location consistently on time. 11 Despite Plaintiff tendering the entire amount of the purchase price, and making multiple in person demands to Defendant, Defendant Spankey's refused to render the vehicle.title to Plaintiff, or make any attempt to resolve the discrepancy. 12 On November 11, 2014, at approximately 830 am, an agent of Defendants repossessed the vehicle, without a Court Order and despite Plaintiff ordering said agent to vacate the property without said vehicle. 13 On or about January 20, 2013, Plaintiff sustained a fall and resulting injuries on Defendant Spankey's Mechanicsburg property. Plaintiff has repeatedly requested (unsuccessfully) information regarding Defendant Spankey's liability coverage and informally whether Defendant would like to discuss recompensing Plaintiff s medical and other costs from said.fall. COUNT I —BREACH OF CONTRACT 14 Plaintiff incorporates the above paragraphs herein as if set forth at length. 15 Plaintiff submits that he performed, completely and without exception, his duty under the aforementioned contract, by tendering the agreed purchase price in full. 16 Defendants have breached said contract by repossessing said vehicle in the manner described in paragraph 12 of this Complaint. 17 Plaintiff also submits that Defendants have acted in bad faith throughout, by either falsely claiming Plaintiffs aforementioned payments were late, or creating a situation where Plaintiffs on-time payments (see attached exhibits for Plaintiffs bank records) were held by Defendants until same would be applied late to Plaintiffs account. WHEREFORE, Plaintiff demands the following from Defendant Spankey's A $7016,24 tendered by Plaintiff for the vehicle in question, or B The vehicle in question, with a clear and unencumbered title COUNT II —REPLEVIN 18 Plaintiff incorporates the above paragraphs herein as if set forth at length. 19 By virtue of completing performance on the installment sales contract mentioned in the paragraphs above, Plaintiff has a legal right to possession of the automobile mentioned in the paragraphs above. 20 Plaintiff, on multiple occasions, orally requested either the title for the vehicle in question, or for legitimate reasons for the "late charges" claimed by Defendant. Defendant responded to none of Plaintiffs inquiries. 21 69 Pa CS 623(A) and (B) are specific about vehicle repossessions in the Commonwealth: A. When the buyer shall be in default in the payment of any amount due under a motor vehicle installment sale contract or when the buyer has committed any other breach of contract, which is.by the contract specifically made a ground for retaking the motor vehicle, the seller or any holder, who has lawfully acquired such contract, may retake possession thereof. Unless the motor vehicle can be retaken without breach of the peace, it shall be retaken by legal process, but nothing herein shall be construed to authorize a violation of the criminal law. T B. Repossession of a motor vehicle when effected by legal process shall be made only by a duly constituted public official. Repossession when effected otherwise than by legal process shall be made only by the holder, including an official or full time employe thereof, by a collector-repossessor licensed under this act, by the person, who originally sold such motor vehicle to the buyer under the installment sale contract, or by any licensed seller or sales finance company, including an,official and full time employe thereof, who is.not regularly engaged in the business of making suchrepossessions but occasionally does so as an accommodation for other sellers or finance companies. 22 Defendant Last Chance Auto Finance (Last Chance) violated the statute by failing to repossess said vehicle "peaceably" by repossessing the vehicle even after being asked to leave by Plaintiff. 23 Defendants actions are the direct and proximate cause of the following damages: A Loss of the vehicle and/or the complete purchase price of$7016.24 B Undue time and expense securing alternate transportation, as well as obtaining counsel to file this case, estimated at $2,000 WHEREFORE Plaintiff demands that Defendants pay him $9,016.24 COUNT III —Abuse of Process 24 Plaintiff incorporates the above paragraphs herein as if set forth at length. 25 Plaintiff submits that Defendant willfully retaliated toward him, because of the matter described in paragraph 13 of this Complaint by deliberately creating the delinquent payment status which empowered Defendants to repossess the vehicle in question. 26 Defendants abuse of process is both the direct and proximate cause of the following damages: A Loss of the vehicle and/or the complete purchase price of$7016.24 B Undue time and expense securing alternate transportation, as well as obtaining counsel to file this case, estimated at $2,000 C Extreme anxiety and emotional distress, to be determined at trial, but which Plaintiff submits to be equivalent to no more that $5,000 W IEREFORE Plaintiff demands that Defendants pay him $14,016.24 Respectfully submitted, Iloseph T, Sucec, Esq. Date: VERIFICATION STAT-EMENT I verify that the statemen ade in the co tare true and correct to the best of my knowledge and bel' understand that false stateme herein are made subject to the VERIFICATION STATEMENT I verify that the statements made in the complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: t 114 j Check Images Page 1 of ALTER.JAMON 118 =2ND StghT 1 S.Lftrr O JON Joe ` iea}:Srchi,rw�s 009 L https://myonline.riiembers l st.org/PrinterFriendly.aspx 8%3/2014 Check Images Page 1 of 2 WALT M. JACKS(WHILL, -22 PA 1 MD' Wul MiBER S t� n d ��n. $&rink #009 i4o 3-28 r. a https://myonline.memberslst.org/PrinterFriendly.aspx 8/3/2014 Check Images Page 1 of 2 WALT LC"Q1 ALL 8bta9 tt'iK Pry 17043 TF AU16 rx -;�S �53* F�Jy�li].i:R;1HAI'hi3.\f- i IG�F4r1�1 , - �g py 10 i' -4 WMA-T1611h Rank 40.0 https://myonline.members 1 st.org/PrinterFriendly.aspx 8/3/2014 Vii. ', �.� ��' � � ,�, ' F IF DEBT CANCELLATION IS SOLD,A SEPARATE DISCLOSURE AND AGREEMENT FOR DEBT CANCELLATION MUST ACCOMPANY THIS CONTRACT. 'ENt9SYLVANIA WOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated SIMPLE INTEREST ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit,including your downpayment a yearly rate. . credit will cost you. of$ % $ 'y:i: '$ isj ,' .'t'. $ t.. t'I€ 'i . '}}:: $ rl 44i.14 r?ea Your Payment Schedule will be: No.of Payments I Amount of Payments When Payments Are Due Security: You are giving a security interest,in the motor vehicle being purchased. . ' $ `%SI Monthly,beginning I. ?€ : ;. Prepayment: If you pay off early,you will not have to pay a penalty. Filing Fees:$ late Charge:If a payment is late,you will be charged 2%of the portion of the payment which is late for each month,or part of a month greater than 10 days,that it remains unpaid. See'below and any other Contract documents for any additional information about nonpayment,default,any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate In this Contract IF YOU DO NOT MEET YOUR CONTRACT we areOBLIGATIONS,YOU MAY LOSE THE MOTOR n..: tPANYi=1�; R-Kirp LLC 6@6 1195T r, r i VEHICLE AND PROPERTY THAT YOU f the SELLER. J U`r• ,7; R t:1, BOUGHT WITH THIS CONTRACT,AND/OR i Name Address Zip Code MONEY ON DEPOSIT WITH THE ASSIGNEE. County f' r::l:'. 'i s'•ci This Contract is between Seller and Buyer.All disclosures have been made by Seller.Seller You are ,:•- €. € intends to assign this Contract to the Assignee. the BUYER(S). r,'_I, �K.2 ec-:•r,1 Sit- I;FL i Name(s) Address(es) Zip Codes) Itemization of Amount financed t Cash Price (including optional service County °:'�kr'istl:i ::;ii:i� contract and/or warranties in the amount of $• r.r; If there is more than one Buyer,each promises,separately and together,to pay all sums due us and to perform all agreements in this Contract paid to l * s TRADE-IN: &sales tax of$ €,i %r, ): You have traded in Cash Price the following vehicle: Year and Make Description $ t-•r€ ,r Cash Downpayment' ` -If a balance is still owing on the.vehicle you have traded in,the Seller will pay off this amount on your behalf.You warrant and represent to us that any trade-in is free from lien,claim;encumbrance orsecurity interest,except as shown in the"Itemization of Amount Financed'as the"Lien Payoff." PROPERTY INSURANCE:You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against Trade In liability arising out of use or ownership of the Vehicle.In this Contract,you are promising to insure the Vehicle and keep it insured. Value of Trade-in DEBT CANCELLATION(GUARANTEED AUTO PROTECTION)AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE $ 1`4i i•€ CREDIT. This agreement will not be provided unless you sign below,agree to pay the additional charge,and sign the separate disclosure and Lien Payoff to:. agreement page,which is part of this Contract This agreement will apply during the entire term of the Contract This agreement may not cover $ Your entire indebtedness;seethe MAXIMUM PROTECTION amount stated in the separate disclosure and agreement `•.` Unpaid Cash Price Balance Type of Debt Cancellation Agreement Charge Signature $ •Wiz.. ,�� Guaranteed auto protection(GAP) $ i r; By signing,you select guaranteed auto protection Optional Debt Cancellation(GAP) Signature of Buyer Document Preparation Fee' SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED A5 A CONDITION OF THE CREDIT.The service contract $ ;< -.� or warranty agreement will not be provided unless you sign the separate agreement with the third party provider,who is not the Seller named Paid to Others on Your Behaff above,and agree to pay the additional charge.This section does not apply to any warranty that you may receive for which there is not separate charge. To Public Officials for. CREDIT INSURANCE IS NOT REQUIRED:Credit Life Insurance and Credit Accident&Health(Disability)Insurance are not required to obtain License,Tags and Registration credit and will not be provided unless you sign below and agree to pay the additional cost(s).Please read the NOTICE OF PROPOSED CREDIT $ INSURANCE on the reverse side.Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available.All insurance Lien Fee purchased will be for the term of the credit We may receive a financial benefit from your purchase of credit insurance. $ s By signing,you select Single Credit Life Insurance, What is your By signing,you select Single Credit Accident& What is your Taxes Not Included in Cash Price which costs age? Years Health Insurance,which costs$ 1"=i-1 age. Years $ �tt _ 'r,7 € To Signature of Buyer to be'insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident&Health Insurance $ P4/Pf By signing'you both select Joint What are By signing,you bath select Joint Credit For Messenger Service Credit Life Insurance,which costs$ !`,- €• a Accident&Health Insurance which costs$+-E Whatare Percentage To your ages. your ages? to be insured $ r ForTtT;t -tee... T� 0 To Credit insurance company L % $ Signatures of both Buyers to be insured fat Joint.Credit Signatures of both BuFor yers to be insured for Joint Life Insurance. Credit Accident&Health Insurance • Insurer. To VEHICLE:You have agreed to purchase,under the terms of this Contract,the following motor vehicle and its extra equipment,which is called For$ i>I 'i a the"Vehicle"in this Contract To I U Year and Make Series Body Style No Cy{, Truck Ton Capacity Serio umber $ 'L ,41-i-I..t 4f;l,i!•t'1`..r.�i`,•''- I For Equipped -_.—A.T._P.S- _AM-FM Stereo _5 Spd. Other. To with --A.C._P.W. _AM-FM Tape _Vinyl Top $ ASSIGNEE:We may assign this Contract and Security Agreement to a sales finance company which is the"Assignee!If the Assignee assigns For the Contract to a subsequent assignee,the term also refers to such subsequent assignee.After the assignment,all rights and benefits of the To Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee.The Assignee will notify you when $ and if Seller makes an assignment. For i.r;': t' r.t•li ii t i i r.fi �t lr•"l' I' !11,1;":i1•I'; TO CO-SIGNER:Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Signers)and Buye4s),to pay $ all sums due and to perform all agreements in this Contract Co-Signer will not be an Owner of the Vehicle. For CO-OWNER:Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and Amount Financed together with all Co-Owners)and Buyer(s),to perform all agreements in the Security Agreement and all other parts of this Contract except the $ "Promise to Pay"section. TERMS:The terms shown in the boxes above are part of this Contract. We may retain a portion of amounts marked* PROMISE TO PAY:You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment and assigning the Trade-In,if shown above,on or before the date of this Contract,and paying us the Amount Financed plus interest You promise to make payments in accordance with the Payment Schedule.You promise to make payments on or before the some day of each month as the first payment due date.You agree to pay all other amounts which may become due under the terms of this Contract You agree to pay the Seller or Assignee costs of suit You also agree to pay reasonable attorneys'fee's if Seller or Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle.You agree to make payments at the place or to send payments to the address which the Assignee most recently specifies in the written notice to you. The Annual Percentage Rate may be negotiable with the Seller, - ADDITIONAL DISCLOSURES,TERMS AND CONDITIONS: The Seller may assign this contract and retain its right to Disclosures:Before signing this Contract,be sure that you receive and read the Disclosure to Buyer. receive a part of the Finance Charge. Terms and Conditions: Before signing this Contract,be sure you receive and read the following,if marked X,which are additional pages to and part of this Contract . ®This Contract continues on the reverse side. 0 Debt Cancellation(guaranteed auto protection)separate disclosure and agreement By signing below,we agree to sell the Vehicle to you under the terms of this Contract NOTICE TO BUYER—DO NOT SIGN THIS CONTRACT IN BLANK.YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. r-1�1 ii f f 11 i f t SELLER i a, i BUYER Date j BY: BUYER I v—� Date Date CO-SIGNER:YOU SHOULD READ THE NOTICE TO CO-SIGNER,WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT,BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. - CO-SIGNER'S AGREEMENT:You,the person(or persons)signing below as"Co-Signer,"promise to pay to us aU sums due on this Contract and to perform all i agreements in this Contract.You intend to be legally bound by all the terms of this Contract,separately and together,with the Buyer.You are making this promise to ! induce us to.make this Contract with the Buyer,even though we will use the proceeds only for the Buyer's benefit.You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest.You also acknowledge receiving a completed copy of this Contract. i -Co-Signer's Signature Address Date Co-Signer's Signature Address Date CO-OWNERS SECURITY AGREEMENT:You,the person signing below as"Co-Owner,"together with the Buyer or otherwise being all of the Owners of the Vehicle, give us a security interest in the Vehicle identified above.You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the "Promise To Pay"section.You are giving us the security interest to induce us to make this Contract with the Buyer,and to secure the payment by the Buyer of all sums due on this Contract.You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. Co-Owners Signature Address Date 1 BUYER; CO-SIGNER AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT I AT THE TIME--OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CALLED ADDITIONAL"DISCLOSURES,TERM AND CONDITIONS. 3UYER ' BUYER CO-SIGNER CO-SIGNER OR CO-OWNER NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION. Volters Kluwer.Financial Services®2004,2008 To Reorder Form:1-800-552-9410 PA 123DC-SLC 312812008 .I ..-q.y..r�s,y,..-_ ..•._.•:i+"'."" - ; ....:. . •� .rte^,.:�...,. e4•` _ �.. .' .... Sentry Warranty Corporation ' Vehicle Protection Plan P.O.Bok3603 Reading PA 19606 Office Use `Date received tToll free 2-866-688-9444 Approved by 0011 .Fax 610-370-3007 . . Applicants)Nail 6 4'&1 b �" 111 CONTRACT Sale Date I.2Y 31' '' .52 :: VEHICLE 0 {.. ' ' ' -• ..,L .- . Address 'Year' VEHICLE Make TEI CARL'is!~;. =PA 1). Model GF'fRflYl ,.0 �Z City=- State Zip VEHICLE [Ef�t1:Il-:_ A licafi s Plione - ... 1Vfileage Applican(s)Email .111'�`�S .r`t'UTO ' 1 �1t 3 ,t;i t, r 'VIN# J' Ct f it 1: =t i~ 1:W Dealer Name ' t °, ? VEHICLE Purchase Price' '' Fs;, 695:01a-. , 1a .- �.' .Lieitliolder Nari�e&Address '� �� `a1" _,,;,;' `^ , CO,NTRACT,Purchase Price`= ,d�lf ' Terms Tlie earliest of COVERED PARTS ' O 30 days J 1,000 les �0 12 months 15,000 miles `'f subject to CONTRACT ' O Powertrain(Items l-3)°' '''"`` 3 months/ tulles "O 24 irionths l 30,000 rules"' 0'6 months'%7,000 miles ' 'O 36'montbs/40,000 rules n' : ;' Powertrain Plus.(Items:l-8) f Endorsement:Unlimited mileage'❑ Yes O No C]f.Platinum'~tams:1 130 �" ` ...,�;;yy.gyri ♦- ;:v-^r •. .• � , ..: .. -..- .�,:, ^.'Cf,•1 TK S a�.r{..""'Y#Y[ .. 'The following is a list of COVERED PARTS,the repairs,to which wiIl be reimbnisedt within the terms of this CONTRACT,y a MECHANICAL BREAKDOWN,occurs and repairs are made by an AUT$ORIZED REPAIR CENTER.YOUR SHARE sates tax'plus $100 perCOVERED PART, per MECHANICAL BREAKDOWN. ,In"addition;when a MECHANICAL BREAKDOWN•of a:COVERED PART.;—akes YOUR VEHICLE inoperable or unsafe to dmre WE will reunbiuse YOU for towing charges rat c`oveied by airy load club or insurance policy.(Tlie maximum ieimtiiuseaient for'towrng is$50/MECHANICAL BREAKDOWN) Again,only:COVERED PARTS can Have MECHANICAL BREAKDOWNS;,WE have provided YOU with a list of emiyt g that is included within COVERED PARTS,and some examples of items which are not COVERED PARTS, Includes itei is l x.,.. ... .. �tlirough 3 .. . -.. , . - . .. 1. n 'ne Ail internal lubricated parts•cylinder block(d*if'damaged by a covered internal Iubricated part} cplindei head/gasket• timing gears•timing belt or chain•camshaft valve train-oil pump*-intake rnanifoid%gasket Note:Head gasket covered for coolant leak or.co-mpression problem.Intake manifold gasket covered for vacuum,or coolant Teak "Engine"doe's not include'items such as spark�plugs,wires,tune-ups,distributor,mounts,tensioner,valve seals;front and iear main seals,oil pan;and valve covers,seals and gaskets,freeze plugs,fuel pump,fuel injectors,'and any computer controlled sensor. 2.T ansmissiori:All:internal lubricated parts•oasc-(ouly if damaged_ by a covered internal lubricated part).•torque converter and housing:"Tmiisniissioe does n'ot include items'sdch as mounts,pan,seals and gaskets,tlywlieel or flexplate;`clutch,pressure plate, throwout bearingslave.cylinders,linkage(hydraulic or manual);cooler:lines,cables,shifter,electronic modules,-switches,and solenoids,and any computer:controlled sensor. 3.Drive Axle;Front or rear drive axle housing and all internal lubricated parts CV.joints(provided boots:are~not tom)'-driik shafts universal joints (4x4)transfer case and all internal lubricated parts. `.`Drive axle"does not include items such as wheel,:hub and carrier bearings,interlocking hubs,locking rings,`retainers,and e.v.boots. •7,-"'E!"73i..._,l{ >�i:,�i,l•.:'a. - 4ti.,7 k- ,r_G,�s. .: ;i - -y: :Powe#>tra'in- lus� - Includes items 1 through S 1 4. akes .Br Non ABS master',cylinder•caliper(s)•wheelxcyhnd(s)`metal btrake Imes•power booster ;T `Brakes"does not mclude1tems such as hoses,brake"drums,iotors,9pads,and linings... 5. Co'olin Electric,fan'and fan clutch•radiator.•water pump!thermostat. . _ "Cooling"does not include items such'as heatercore,blower motors,electronic switches,and relays.•' 6.Electrical-Starter motor;:drive;and solenoid=alternator voltage regulator-windshield wiper inotor(s). 7.519k&Z. Rack and pinion(short iack.asseinbly)-steering gear box•power steering pump.' f'= 8. Susperisioii;;Upper'arid°lower control mins•leaf and coil springs,(only:if broken)e;spindles."Suspension"does not include items such.as shocks,struts aril assembly,,batl joints,tie rod.ends;and'electrical,air or hydraulic suspension.systems:" .. .. Platinum-Includesitems'-1 through:10 - 9,Air Conditioning:'original OEM a/c compressor•accumulator/dryer•orifice tube. Air conditioning"does not include items such as condenser,evaporator;'Otrings,:,evac�uation,recharge;freon;or conveIsiori of system from freon to other chemicals.. ; ft-A.....i4..h'.++msmr A--1—Ir onf.iofm!'and cnrifnl,..wnnror ono4 nnrffrnt a�rl This agreement is between YOU(purchaser)and US(Sentry Warranty Corporations It is not an insurance policy.It provides protection to YOU and only YOU for the VEHICLE specified in the application.'The protection lasts for the period of time,mileage(whichever is less)and components listed on the application so long as YOU or the selling dealer listed in the application,pay the amount due to US within thirty(30)days of the contract sale date,and fulfill YOUR other duties under this CONTRACT.Should payment not reach US within thirty(30)days,this CONTRACT shall become null and void.By signing this contract YOU agree as follows:During the specified term,if any of the COVERED PARTS incurs a MECHANICALBREAKDOWN,brought about by normal operation of the vehicle or ordinary wear and tear,WE will repair or replace the COVERED PARTS with parts of like kind and quality.At OUR discretion,these parts may be recycled exchanged,or rebuilt.WE have no obligation to replace the COVERED PARTS with an OEM part,or the same brand or type of COVERED PART which is removed. 1,Definitions A•YOU and YOUR means YOU the applicant(CONTRACT holder and purchaser of the VEHICLE described in the application portion of this CONTRACT, B.WL US,OUR,and SWC refers to Sentry Warranty Corporation,a Pennsylvania corporation,and the company issuing this CONTRACT and described in the application portion of this CONTRACT. C.VEHICLE means the VEHICLE listed on the application portion ofthis CONTRACT, D.COVERED PART(S)means those components subject to this CONTRACT.They are indicated in the application portion of this CONTRACT,and described more fully below the application portion. E.MECHANICAL BREAKDOWN means the inability of any COVERED PART to perform the function for which it is designed due to defects in material or workmanship.Themanufacturer has established tolerances for the purpose of defining failure and serviceability.When the manufacturer's tolerances are exceeded,a failure or MECHANICAL BREAKDOWN will be deemed to have occurred.A gradual reduction in operating performance will not be a MECHANICAL BREAKDOWN until the manufacturers tolerances are exceeded. E CONTRACT means this vehicle service CONTRACT. G.YOUR SHARE means the amount of money which YOU are required to pay to the repair facility which repairs or replaces COVERED PART(S)as a result of a single MECHANICAL BREAKDOWN.The minimum amount of YOUR SHARE is indicated on the application portion of this CONTRACT,in addition to this amount,YOUR SHARE includes any sales tax on the repair(s)or replacement(s)and any repnir(s)or replacement(s)of parts or services not covered by this CONTRACT. H.LABOR means the work required to be done to repair or replace COVERED PART(S)experiencing a MECHANICAL BREAKDOWN,WE will pay for LABOR which is authorized in advance by US and performed by an AUTHORIZED REPAIR CENTER.Payment for LABOR will be limited to the current flat rate labor guide,using rates within accepted industry standards. 1.AUTHORIZED REPAIR CENTER is a facility which has been approved by US by virtue ofbeing able to assess problems and provide estimates promptly and accurately,qualified to repair the MECHANICAL BREAKDOWN,being willing to provide the parts and LABOR at costs/rates within industry accepted standards,and being located within a reasonable distance of YOU or YOUR VEHICLE,among other factors. Z.What this CONTRACT does not cover A.Any expense incurred m connection with replacement of or repairs to COVERED PARTS performed without prior authorization and issuance of an authorization number from US or performed at a facility which is not an AUTHORIZED REPAIR CENTER, B.Fluids,coolants,oil,lubricants,diagnostic charges,fees for waste materials,tear down or disassembly. C.Excessive oil consumption,seals and gaskets,oil and fluid leaks,belts,hoses,clamps,tires,wheels,wheel covers,battery,muffler or exhaust system,seat belts,air bag assembly,and maintenance services: D.There is no MECHANICAL BREAKDOWN if any COVERED PART is unable to perform the function for which it is designed due to collision,fire,theft,flood,water,hail,corrosion,rust. contamination,malicious mischief,freezing,explosion,and/or mud;any loss covered by an automobile insurance policy including injury or death to any person(s);or any loss caused by continued operation or operation without sufficient lubrication,coolants,or oils,or use of lubrication,coolants,oils,or fuels not recommended by the manufacturer. E.Any MECHANICAL BREAKDOWN covered by any limited watrartry,manufacturers warranty or recall,repairer's guarantee,road club or any other guarantee or warranty or insurance policy. E Any MECHANICAL BREAKDOWN where YOU have failed to maintain YOUR VEHICLE according to the manufacturers recommendations. Note:WE reserve the right-to request proof of maintenance records. G.Any MECHANICAL BREAKDOWN if YOUR VEHICLE'S odometer has been altered,tampered with,or is inoperative, H.Any MECHANICAL BREAKDOWN if YOUR VEHICLE'S power train,suspension,tire(s)or wfteel(s)has been altered,tampered with,or rendered inoperative,or if the tire(s)has(have)not been approved by the manufacturer for.YOUR VEHICLE. 1.Any loss beyond OUR share of the cost of the authorized repair.For example,any loss of income,transportation,time,lodging expense. J. Any MECHANICAL BREAKDOWN in which one or more COVERED PART(S)is unavailable or obsolete. .K-Any MECHANICAL BREAKDOWN outside the continental United States. L.Any MECHANICAL BREAKDOWN resulting from previous improper repairs. 3.Limits on liability OUR obligations to reimburse YOU for repairs and/or towing shall cease when the cumulative benefits payable or paid reach$4,000. 4.Some,requirements of YOU A.Maintain YOUR gauges,odometer,warning lights,and sensors in working order at all times,When lights or gauges indicate a problem,pull safely to the side of the road. B.YOU must use OUR AUTHORIZED REPAIR CENTERS to repair MECHANICAL BREAKDOWNS• S.Waive If WE waive any right or make any exception under this CONTRACT,WE have no obligation to waive that right or any other right,or make that exception or another exception,in the future. 6.CONTRACT term This CONTRACT begins on the CONTRACT Sale Date;this CONTRACT automatically terminates when: A.The reaching of 11:59 p.m.prevailing time,on the date of expiration stated in the CONTRACT,or the mileage limit of the term has been reached'or exceeded whichever comes first. B.The VEHICLE is no longer utilized for YOUR personal use;on consignment;used for livery,delivery,emergency,racing,rental,and/or towing beyond the manufacturer's specifications;andlor has been lensed,-conveyed,or had its ownership transferred from YOU. C.WE discover that YOU have made any misrepresentations in this CONTRACT,or to US. 7.Transferring and upgrading this CONTRACT A•YOU can transfer this CONTRACT one time to a subsequent individual(no dealers,brokers)fora fee of$100.00(plus applicable sales tax)payable to US and received at OUR office for the duration term of the VEHICLE prior to expiration.However,this transaction is subject to approval by US,phone US for details.This CONTRACT cannot be transferred m another VEHICLE. B.YOU can upgrade this contract in the first thirty(30)days.Phone US for details. S.Canceling and renewing this CONTRACT This CONTRACT cannot be cancelled or renewed.However,should the VEHICLE be repossessed or declared a total loss by YOUR insurer,WE shall provide a pro rata refund to the lienholder o, if there is none,to YOU.It is YOUR obligation to notify US that the VEHICLE has been repossessed or declared a total loss,and to provide proof of these events within three months of the occurrence.The amount of the refund shall be determined based on the elapsed time or mileage of the term since the CONTRACT sale date,whichever would result in the lesser refund,minus any benefits paid or payable.A$50 fee shalt be charged for processing the refund and shall be deducted from the amount of refund.If the$50 exceeds the amount of the refund,then no refund shall be made. 9.Procedure to Obtain Reimbursement A.In the event of a MECHANICAL BREAKDOWN,YOU must use all reasonable means to prevent further damage to YOUR VEHICLE, B.Phone 1-866-688-9444,identify yourself and YOUR CONTRACT number,and describe the nature of YOUR problem.WE will direct YOU to one of OUR AUTHORIZED REPAIR CENTERS for an opini,rn and estimate.After the AUTHORIZED REPAIR CENTER has assessed the problem and estimated the cost of repair(s),have the REPAIR CENTER call US and provide the PARTS and LABOR estimate and any other information to determine whether a MECHANICAL BREAKDOWN has occurred.If WE determine that there has been a MECHANICAL BREAKDOWN,then WE will give YOU an authorization number for the repair(s). Do not agree to any repairs)until YOU have'received an anthoriratlan number fram US.The authorization number shall be valid for ninety(90)days. If YOU agree to repair(s)before receiving an authorization number,the repair(s)will not be protected by this CONTRACT, C.WE will answer YOUR calls from 9:00 a.m.-4:30 p.m.Monday-Thursday,and from 9:00 a.m.-4:00 p.m.on Fridays.When WE are unable to answer YOUR calls,an answering service will provide instructions as to the correct procedures to follow. D.YOU are responsible for all charges related to the diagnosis and disassembly as to the cause of the problem. Authorized repairs rnust begin before fire expiration of the tern. E.The authorization number must appear on all invoices that YOU submit to US for reimbursement along with; The name,address,and telephone of the AUTHORIZED REPAIR CENTER, YOUR name,address,telephone number,and CONTRACT number. The year,make,model,VIN number,and current mileage of YOUR VEHICLE, An itemized list of COVERED PARTS and LABOR 10.Validity . This CONTRACT is valid only when the application has been duly signed by an authorized representative of SWC and is fanned in Pennsylvania at OUR registered office. This CONTRACT gives YOU specific rights;YOU may also have other rights that vary from state to state.The laws of Pennsylvania shall govern this CONTRACT. I I..If YOU feel WE have not performed as stated in this CONTRACT,YOU may ask US for a"Request for Further Consideration Fort"to be completed and submitted to our dispute resolution panel for review.Within fifteen(15)days YOU will be notified of their decision. Page: 1 �.� TRANSACTION HISTORY Printed: 6%01/13 Report: C-1-F-P ___________________ Lien Held by. LAST CHANCE FINANCE COMpAN Stock 9: 10653 Walter .7 Hill; 04 JEEP GRAND CHEROKEE * * * * * A P P L I E D T O * + * * J BALANCE TRANSACTN DUE ( PRINCIPAL PICK IIP J AFTER INTEREST DATE DATE WHO RECEIPT DESCRIPTION AMOUNT BALANCE FEES NOTE REPAIRS "OTHER" (.TRANSACTN RECEIVED --- ------- -------- -------- -------- -------- -------- --------- 12/28/12 12/31/12 CAR 2,076 CH Deposit 2,000.00 2,000.00 0.00 1/31/13 1/31/13 RCM 2,7.36 CH Check 278.68 278.68 4,991.52 2/14/13 1/31/13 VLD LF Late Fee 13.93 13,93 3/04/13 1/31/13 RCM 2,225 CC Credit.Card 278.68 13.93 264.75 4,726.77 3/24/13 2/28/13 RCM LF Late Fee 13.93 13.93 4/02/13 1/31/13 VLD 2,393 CC Credit Card 278.68 13.93 264.75 4,462.02 4/08/13 3/28/13 VLD IF Late Fee 13.93 13.93 5/03/13 1/31/13 VLD 2,578 CH Check 135 278.78 13.93 191.82 4,270.20 73.03 5/09/13 4/28/13 VLD LF Late Fee 13.93 13.93 Contract Balance: 4,270.20 Fees Balance: 13.93 Total Amount Due: 4,284.13 Last Chance Finance Company Dear Mr. Walter Hill, Enclosed is your payment history with us. You are still showing $1333.95 behind on your payments for 2004 Jeep Grand Cherokee, Please call us at (717) 458-8012 to set up arrangements on how you intend to catch up on your payments. Thank you. Nicki Hockenberry HILL OF SALE SELLER ------------ BUYER(S) -- ------ -'------- __-., I ---------------------------------- SPANKYS AUTO GROUP LLC I E 505 EAST LDCUST. ST I Walter J Hill MECHANICSBURG' PA 17055 1 522 Second St 717-737-7777 I CARLISLE, PA 17013 j I County: CUMBERLAND Date: 12/31/12 1 Home Phone: 717-386-6524 Salesman: DON LEGGETT I Work Phone: 717-728-2274 1 DESCRIPTION OF VEHICLE SOLD I DESCRIPTION OF TRADE-IN - Stock #--10653 Year: 04 ------ -----N/A - -- - ------ Make JEEP Model: GRAND CHER ( Body Type: Body Type: Color: SLACK 1 Tag: Mileage: Tag: Mileage: 132930 i VIN: VIN: 1J4GW48N54C222813 I SETTLEMENT INSURANCE INFORMATION I ----------------------- ------ ---------------------------------- I Price: 6,695.00 -21st century I Less Trade Allowance: N/A Policy #: 20529268 I Agent: list century 1 Difference: 61695.00 Phone: 800-241-1188 I Payoff on Trade-in: N/A Sales Tax: 401.70 LIEN HOLDER I Doc Prep. Fee: 100.00 -------------------------------- I Tag & Title Fee: 73.50 LAST CHANCE FINANCE COMPANY. 1 70.1 .E LOCUST ST MECHANI.CSBURG., PA 17055 TAX 6.000% 401.70 I --------_-- JURISDICTION 0.000% 0.00 I TOTAL: 7,270.20 BREAKDOWN 0.000% 0.00 1 Less Cash Down .Payment: 2,000.00 0.000% 0.00 1 Deferred Down Payment: 1,0.00.00 ----------- 1 BALANCE REMAINING: . 4,270.20 Purchaser hereby declares that he/she is of legal age to transact business and that no unfair inducement has been made by seller. This order .is not binding until accepted by both buyer ,and seller. The information you see on the window form for this vehicle is part of this contract. Information in the window form overrides any contrary provisions in the contract of sale. z Buyer(s) : 12/31/12 ------ --------------------------------- Walter i 1 ---------------------------------------------- Seller: 12/31,/12- SPANKYS AUTO GROUP C tt PASSTIME GPSTM PAYMENT ASSURANCE SYSTEM DISCLOSURE STATEMENT AND AGREEMENT FOR INST'ALLAT'ION . f C Buyer(s ) Names: Date: t Vehicle Description: Year Make Model Vehicle Identification Number(VIN) s Pursuant to the Retail installment Sale Contract(the"Contract")that i signed in connection with my purchase of the above-described vehicle (the "Vehicle"), dated the same date as this Passtime E Payment Assurance systern Disclf ow-a Statement and Agreement for Installation- (this "Agreement'), i understand that the Vehicle I am purchasing is equipped with the PASSTIME GPS PAYMENT ASSURANCE ELECTRONIC DEVICE (the "Device!). The Device is designed to ensure that I make my payments on time as required by the Contract. The Device includes a GPS (global positioning system) tracking unit that can determine at any time where my r vehicle is located. This GPS will not be used to determine my driving habits or practices (e.g. speeding) but may be randomly activated to ensure the GPS is still functioning.'The Dealership or 2 its designated assignee or representative will not provide any access to or record of the tracking unless required to do so by law, or to enforce any rights Dealer or its designated assignee or e representative may have to secure payment of any payments due under any contract between us 1 f and/or to secure repossession of the Vehicle as al:owed. If I fail to make a scheduled payment � on or before the due date,the vehiafie i ill be disabled and will not start. i In the following, "you"refers to the buyer signing below. i PLEASE READ AND SIGN SEW IN TO INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE FOLLOWING TERMS REGARDING THE INSTALLATION OF THE PASSTIME GPS PAYMENT ASSURANCE DEVICE, YOUR OBLIGATIONS CONCERNING MAKING PAYMENTS UNDER THE CONTRACT AND THE CONSEQUENCES OF FAILING TO MAKE A PAYMENT: t t _ 1. 1 understand that installing and maintaining the Device in the Vehicle is a material condition for the Dealprs":ip to finance the purchase of the Vbhicle. I further understand that I may, be able to purchase a vehicle from another dealership that may not require installation of the Device, but I am choosing to purchase this Vehicle and I consent to having the Device installed. Buyer: - ----------� Co-Buyer: 2. 1 have been provided with the PASSTIME GPS CUSTOMER OPERATING iNSTRUCTIONS, which explain nova the Device operates, my obligations with respect to "he!use of tl^, D-10ce and, t'-e 24-hour hot5ne nuumter 1-800-865-3260. Buyer: L Co-Buyer: Y .. i 2/28108 PA.SSTIMEGPS-PAULTISTATE GORDON HOWARD&ASSOCIATES AL,AK,AZ,AR, FL,GA,HI,ID, IL,IN,KY,MD,MI,MN,MS,MT.NH,NJ,NM, NC,ND,OH,OK,OR,PA,RI, TN,UT,VT,VA,WA,WY No party may republish,copy,redistribute,sell or offer for sale to any third party this material or any part of it without express written permission cf the authors. F � i 3. 1 understand that the Device is the property of the Dealership or its designated assignee. i F ` further understand that if I tamper with, alter, disconnect or remove the Device, i will be considered in d fault under this/Agreement anq my Contract. Buyer: Co-Buyer: _ z 4. 1 understand that if a scheduled payment is not received by the Dealership or its designated 3 r � ( assignee on or before the due date,the Vehicle will be disabled and will not start. : F Buyer:. Co-Buyer: i i 5. 1 understand the Device has a GPS unit as detailed above. if I fail to make a payment, the Vehicle will not start (if the Device is so equipped) and the GPS i device will be used by Pealer or Dealer's assignee or designated representative to track the location of the vehicle for the purpose of assisting in the vehicle's subsequent repossession, If I fall to make payment and repossession is � 4 immediately allowed under applicable State few, the GPS will be used � immediately to locate and track the Vehicle for immediate repossession. If 1 fall to make payment when due and live in a State where i am entitled to cure my default, but 1 fall to cure my default,the Vehicle will not start(if the Device is so equipped) and the GPS will be used to locate and track the Vehicle for i repossession after the time for rine to cure this nonpayment has run out. I agree i that I have no right to privacy regarding the use of the GPS device to track the location of the vehicle, but in the event thr t a court, arbitrator, dispute resolution organization' or stags or federal authority shouid Marmine that such a right.exists, I hereby waive such righ,to the finest extent possible. 1 understand the GPS unit is not being used to i I F make monies beyond thn:e duE: and roving nester this Agreement and my Contract, . but is being used to secure colir:ctlon of morales I hereby acknowledge i owe and, � where allowed, to repossess the VeNcla as allomied. ! , k i Buyer: Co-Buyer: 171F 6. 1 !understand t the Device may contain wireless functionality for obtaining locations and enabling/disabling the vehicle. Further. I understand in certain areas, this remote wireless entry of codes may not work because the wireless connection may not get adequate reception (e.g. posssibly in areas where Wireless/cell phone•carrier service does not work) even if I have paid my bill when due. I understand I must call the Dealer or Dealer's representative if I have timely paid my bili and the remote wireless function does not work properly. i 1� 4FFu!?r: '� Go-Buyer. i 7. 1 understand that if I tamper with, alter, disconnect or remove the Device from'the Vehicle, I may be liable for the cost to replace or repair the Device, unless prohibited f bylaw. i Buyer: Co-Buyer., i 8. 1 understand that the Dealership has the right to assign its rights, title and interest in ; the Contract at any time. The assignment of the Contract by the Dealership will not in j any way affe the terms and conditions of this Agreement. r Buyer: Co-Buyerr >f ; t 9. 1 understand that, in the event of an emergency and my vehicle is disabled, I can call t i the 24-hour hotline number in order to have my vehicle enabled for 24 hours, one time i per payment cycle. I have been provided with a 24-hour hotline number to have someone lisp tched to assist me in case of an emergency. Buyer: Ai Co-Buyer: t� �. r , t 10. 1 understand that only the Dealership or its authorized representatives are permitted to perform maintenance oh the Device or any of its components. Should maintenance or repair be required, I agree to make the Vehicle available to the Dealership or its representatives, during their normal business hours. I understand that the Dealership shall have full responsibility for the cost of all repairs to the Device, except for repairs s caused by my ampering+firth, altering, disconnecting or removing the Device. r^--- ---� .r Buyer: i Co-Buyer: I 11. 1 understand that I may choose to purchase the Device after I have made all payments due under the Contract at a price to be determined and agreed upon by the Dealership and me. If I choose to purchase the Device after paying all sums due under the Contract, I will contact the Dealership. If I do not choose to purchase the Device at that time, the Device will be removed from the Vehicle by the Dealership, or othenvise made inoperable so that it will have no effect on the operation of the vehicle, at no chargeet . Buyer: WAL I Co-?oyer: �— 2/28!08 GORDON HOWARD&ASSOCIATES AL,AK,AZ,AR,FL,CA, HI,ID, IL,IN,KY.MID,MI,MN,MS,MT,NH,NJ,NUI,NC,ND,OH,OK,OR,PA,RI, TN,UT,VT,VA,WA,WY No party may republish,copy,redistribute,sell or offer for sale to any third party this material or any part of it without express written permission of the authors. � i 12.Any violation of any terms or conditions of this Disclosure Statement and Agreement, shall also be deemed a material default under the conditional sales contract/or note/ i and /or security agreement whereby the undersigned customer has purchased the above .vehicle. Upon any default under this contract or violation of the terms and f ,conditions herein, the secured party will be entitled to take any and all actions, ` Including but not limited to repossession and sale, as may be allowed under the terms of the coriditiorAl sales contract and/or.note and/or security agreement. Buyer: Co-Buyer. # ' � t 13. 1 understand that for nTy convenience, I may also elect to receive notifications from my Dealer or Creditor by way of ted (SMS) message on my mobile phone. if i choose this i optional plan, i may be charged by my cellular carrier, but Dealer and Creditor will not bili I me for any additional charge for the test messaging. I understand and agree MY cellular { F carrier may bill me for its services in transmitting this te)d message at its standard rates � s over which my Dealer and Creditor have no control. Buyer: Co-Buyer: NOTICE: 46" is Disclosure Statement and Agreement for Installation without E reading it first. By signing below, you are acknowledging that you have been given the { opportunity to read Slais document and the PA,STINIE GPS CUSTOMER OPERATiNG INSTRUCTIONS and have had any questions regarding the Device answered to your satisfactiOn. You art, further acirr 6ireledgin,g that YOU f411Iy understand and agree to be bound by all of the terms aid coj1ditions .'yet forth herein. This ,agreement is hereby incorporated fit refe-rr::E1ce,into the Contract. 3 Dated this day of 1 �- ,20 1 Z, r d 4Buyer ..:prized Dealership 4�presen tive i = Co-Buyer ---------•-._.__.._ i s , 2/28/08 PASSTIMEGPS-MULTISTATE GORDON HOWARD&ASSOCIATES AL,AK,AZ,AR,FL,GA,HI,ID,IL,IN,KY,MD,MI,MN,MS,MT,NH,NJ,NM,NC,ND,OH,OK,OR,PA,RI, TN,UT,VT.VA,WA,WY No party may republish,copy,redistribute,sell or offer for sale to any third party this material or any part of it without express written permission of the authors. i I. Below is a list of some major defects that may occur in used motor vehicles. { Frame&Body Brake,System Frame-cracks,corrective welds,or rusted through Failure warning light broken Dog tracks—bent or twisted frame Pedal not firm under pressure(DOT spec.) s Not enough pedal reserve(DOT spec.) Engine Does not stop vehicle in straight line(DOT spec.) 011 leakage,excluding normal seepage Hoses damaged Cracked block or head Drum or rotor too thin(Mfgr.Specs) Belts missing or Inoperable Lining or pad thickness less than 1132 inch Knocks or misses related to camshaft lifters and Power unit not operating or leaking t push rods Structural or mechanical parts damaged Abnormal exhaust discharge ? Steering System Transmission&Drive Shaft Too much free play at steering wheel(DOT specs.) Improper fluid level or leakage,excluding normal Free play In linkage more than 114 Inch seepage Steering gear binds or jams Cracked or damaged case which is visible Front wheels aligned Improperly(DOT specs.) Abnormal noise or vibration caused by faulty Power unit belts cracked or slipping transmission or drive shaft Power unit fluid level improper Improper shifting or functioning in any gear Manual clutch slips or chatters Suspension System Bali joint seals damaged Differential Structural parts bent or damaged Improper fluid level or leakage excluding normal Stabilizer bar disconnected seepage Spring broken Cracked or damaged housing which is visible Shock absorber mounting loose Abnormal noise or vibration caused by faulty Rubber bushings damaged or missing differential Radius rod damaged or missing Shock absorber leaking or functioning improperly Cooling System Leakage including radiator Tires Improperly functioning water pump Tread depth less than 2132 inch Sizes mismatched Electrical System Visible damage ; Battery leakage Improperly functioning alternator,generator, Wheels battery,or starter Visible cracks,damage or repairs Mounting bolts loose or missing Fuel System Visible leakage Exhaust System Leakage Inoperable Accessories Gauges or warning devices t Air conditioner Heater&Defroster I SPANKYS AUTO GROUP LLC DEALER 605 EAST LOCUST ST ADDRESS MECHANICSBURG, PA 17055 . Manager 717-737-7777 SEE FOR COMPLAINTS 1 hereby k ledge receipt of the Buyers Guide at the closi g of this sale. Signatu a Date IMPORTANT:The information on this form is part of any contract to buy this vehicle.Removal of this label before consumer purchase(except for purpose of test-driving)is a violation of federal law(16 C.F.R.455). l BUYERS GUIDE � RTANT:Spoken promises are difficult to enforce.Ask the dealer to put all promises In writing.Keep this { S P GRAND CHEROKEE 2004 1J4GW48N54C222813 E MAKE MODEL YEAR VIN NUMBER z S' 653 .R STOCK NUMBER(Optional). ,RRANTIES FOR THIS VEHICLE: AS 'S -- WARRANTY I : 3U WILL PAY FOR ALL COSTS FOR ANY REPAIRS.The dealer assumes no responsibility for any repairs . lgardless of any oral statements about the vehicle. ' i WARRANTY I FULL ❑ LIMITED WARRANTY.The dealer will.pay °!o of}the labor and %of the parts for the covered systems that fail during4the warranty period. Ask the dealer fora.copy of the warranty document for a full explanation of warranty coverage, exclusions,.and the dealer's repair obligations.Under state law,"Implied warranties"may give you even more rights. (STEMS COVERED: DURATION: }}� f i SERVICE CONTRACT.A service contract is available at an extra charge on-this vehicle.Ask for details as to i verage, deductible, price, and exclusions. If you buy a service contract within 90 days of the time of sale, ite law"implied warranties"may give you additional rights. ,E PURCHASE INSPECTION:ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR ECHANIC EITHER ON OR OFF THE LOT. iE THE BACK OF THIS FORM for important additional information,including a list of some major defects that ly occur in used motor vehicles. _ 1 t ' F SPANRYS.AUTO GROUP LLC ! j 717-737-7777 1 r• . ADDENDUM TO RETAIL INSTALLMENT CONTRACT 4 STOCK #: 10653 Vehicle: 04 JEEP GRAND CHEROKEE' Date of Contract: 12/31/12 VIN: 1J40948N54C222.813 i Buyer's Name: Walter. J Hill _ ! Cobuyer: Home #: 717-386-65241 Work #: 717-728-2274 The total down payment includes pick-up note payments payable at 3i the time and in the amounts indicated below. if 1. 1/31/13 1,000.00 2. N/A 3. N/A s 4. NIA 5. N/A 6. NIA All parties to the above referenced retail installment contract, by their signatures below, certify that they understand and accept this to be legal and binding addendum to the retail installment contract. Any payments not made on time as agreed will result in immediate repossession and forfeiture of all money paid to date. You also agree to MOLD HARMLESS SPANKYS AUTO GROUP LLC in any attempts to collect this debt. 3 12/31/12 Buyer i ature Co-buyers Signature I (we) certify that this agreement was explained to me (us) and that I (we) receive a. copy. I (we) understand and accept this agreement. This ag eme t supersedes any verbal agreement(s) . 12/31/12 Buyer' USi ature Co-buyers Signature sftftYS AUTO GROU * * * * AGREEMENT TO PROVIDE INSURANC TO: LAST CHANCE FINANCE COMPANY 701 E LOCUST ST MECHANICSBURG, PA 17055 I understand that to provide protection from serious financial loss, should an accident occur, my installment contract requires the vehicle to be continuously covered with insurance against the risks of fire., theft and collision. Accordingly, I have arranged for the required insurance through the insurance company. shown below and have requested my agent to note the. above shown dealer's interest in the vehicle and endorse the policy with a loss payable endorsement (NADA Form 51b or equivalent) in favor of the above shown lienholder at the above address. f ; I further understand that if for any reason the below described insurance is not obtained or not continuously maintained, the lienholder shown above may, at its option, secure insurance according to the terms of my contract. I authorize the lienholder shown above to add the premium and related financing charge for such insurance to the next payment due for this vehicle. VEHICLE INSURED --------------- 04 JEEP GRAND CHEROKEE; BLACK i Body Style: VIN: 1J4GW48N54C222813 PURCHASER(S) ------------ Walter J Hill 522 Second St CARLISLE, PA 17013 INSURANCE AGENT --------------- 21st century po box 15510 21st century. plaz wilmington, de 19850 Phone: 800-241-1188 INSURANCE COMPANY ----------------- 21st century 20529268 Effective dates from: 12/17/12 to 6/17/13 Coverage: Fire, Theft Comprehensive Collision, Deductible $ J4 Signed: Date: 12/31/12 Porch ) Signed: Date: 12/31/12 Dealer NOTE TO CUSTOMER: We ,reserve the right to contact your agent and verify the insurance information provided above. f i ODOMETER DISCLOSURE STATEMENT t Federal law(and state law,if applicable)requires that you .state the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. I,SPANKYS AUTO GROUP LLC, state that the odometer now reads , 132930 miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described below,unless one of the following statements has been checked. i [ ] (1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. [ ] (2) I hereby certify that the odometer reading is NOT the actual mileage. WARNING:.ODOMETER DISCREPANCY. Vehicle Description: 04 JEEP GRAND CHEROKEE,BLACK Body style: VIN: 1 J4GW48N54C222813 Stock#: 10653 Transferors(Seller)Information: SPANKYS AUTO GROUP LLC 605 EAST LOCUST ST M ECHANICSBURG,PA 17055 Acknowledged by Transferor(Seller): G�f 12/31/12 Printed Name: .,,_R ti L o Transferees(Buyer)Information: Walter J Hill 522 Second St CARLISLE,PA 17013 Acknowledged bTran ere (Buyer): uy 12/31/12 Printed Name: aite k Arbitration Agreement Date: December 31,2012 r This Arbitration Agreement uses certain defined terms. "I",."me"and"my"refer to the buyer signing below. A 5 "Dispute"is any contract,tort,statutory or other claim or dispute between Seller and me arising out of or relating to my credit application,any retail installment sales contract or any resulting transaction or relationship(including any such relationship with third parties who do not sign this Agreement.) "Seller"includes seller's assignee and also includes Seller's and such assignee's employees,agents;successors or assigns. "Dispute"includes any disagreement over the interpretation and scope of this clause,or the arbitrability of the Dispute. Any Dispute shall,at Seller's or my request,be resolved by binding arbitration and not in court. Arbitration will be by one arbitrator on an individual basis and not as a class action. I waive any right I may have to arbitrate a Dispute as a class action(this is referred to below as the"class action waiver"). Arbitration will be conducted by and under the rules of the American Arbitration Association, 1633 Broadway, I Oth Floor,New York,NY 10019 (www.adr.org),or any other arbitration organization I select,subject to your approval. I may get the rules of the organization by contacting it or visiting its website. .Arbitrators shall be attorneys or retired judges selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which I reside,or at some other location convenient to me. Seller will pay my filing,administration,service or case management fee and my arbitrator or hearing fee all up to a maximum of$1,500. Seller will pay additional arbitration expenses to the extent that the arbitrator determines that Seller must in order to ensure the enforceability-of this Arbitration Agreement. Each party shall be responsible for its own attorney,expert and other fees,unless otherwise awarded by the arbitrator under applicable law. The arbitrator's award is final and binding on all parties,except that if the arbitrator's award for a party is$0 or against a party exceeds$100,000,or includes an award of injunctive relief against a party,that party may request a new arbitration hearing under the rules of the arbitration organization by a three-judge panel. Unless prohibited by law,the appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs,subject to a final determination by the arbitrators of a fair apportionment of the costs. Any arbitration shall be governed by the Federal Arbitration Act and not by any state arbitration law. Seller and I retain the right to sue in small claims court for a Dispute within that court's jurisdiction,unless such action is transferred,removed or appealed to a different court. Neither Seller nor i waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Agreement shall survive any termination,payoff or transfer of my retail installment contract. If any part of this Arbitration Agreement,other than the class action waiver,is deemed or found to be unenforceable for any reason,the remainder is enforceable. If the class action waiver is deemed or found to be unenforceable,then this entire Arbitration Agreement shall be unenforceable. This Arbitration Agreement is incorporated into and becomes a part of any retail installment contract or other credit obligation that I enter into with Seller on the date shown above. I may opt out of this Arbitration Agreement by doing so in writing to the address shown below and sent by registered mail,posftWked no later than 10 days from the date of this Arbitration Agreement shown above. Buyer: t r J Hill Seller: SPANKYS AUTO GROUP LLC By: 605 EAST LOCUST ST MECHANICSBURG,PA 17055 717-737-7777 Form 4221(07/10) RIGHT OF REPOSSESSION SPANKYS AUTO GROUP LLC 605 EAST LOCUST ST MECHANICSBURG,PA 17055 Year: 2004 Make: JEEP Model: GRAND CHEROKEE VIN: 1J4GW48N54C222813 I agree that in the event that I fail to make any payment,then you are authorized by me and have the right to take the vehicle back from me,without the necessity of court order or any judicial process.I further agree that if it becomes necessary for you to take the vehicle back,you are permitted to do so at any time of the day or night and may enter and remove the vehicle from my property or any other pfoperty where I may leave the vehicle,provided there is no breach of the peace. I also give you permission to use any reasonable means to open or gain entry into the vehicle without causing any undue damage in the process of taking it back. I understand that should it become necessary for you to take back the vehicle and I redeem same by making full payment to you,this payment will include any of your costs for taking back the vehicle. I agree that I will not keep any personal property of any great value in the vehicle during the term of this contract,but in the event I do,I assume any and all responsibility for any personal property left in the vehicle by me or by other persons,should that property be lost or missing for any reason from the vehicle after it has been taken back by you and stored in a reasonably safe place. I agree that you are not required to give me notice before you take back the vehicle,and that my failure to make any payment on time according to my contract,will be my notice that you have the right to take back the vehicle. I understand that I have the right to have this agreement examined by my attorney if I desire,before I sign it. Given under our/my hand and seal on December 31,2012 SPANK AUTO Walter J Hill Last Chance Finance Company Dear Mr. Walter Hill, Enclosed is your payment history with us. You are still showing $1333.95 behind on your payments for 2004 Jeep Grand Cherokee. Please call us at (717) 458-8012 to set up arrangements on how you intend to catch up on your payments. Thank you. Nick! Hockenberry Page: 1 TRANSACTION HISTORY Printed: 6/01/13 Report: C-1-F-P ------------------- Lion Heid by: LAST CHANCE FINANCE COMPAN Stock N: 10653 Walter J Hili; 04 JEEP GRAND CHEROKEE j * * * * * A P P L I E D T O * * * + * ( BALANCE TRANSACTN DUE I PRINCIPAL PICK UP I AFTER INTEREST DATE DATE WHO RECEIPT DESCRIPTION AMOUNT I BALANCE FEES NOTE REPAIRS "OTHER" I TRANSACTN RECEIVED -------- -------- --- ------- ------------------ --------- -------- -------- -------- -------- -------- --------- -------- 12/28/12 12/31/12 CAR 2,076 CH Deposit 2,000.00 2,000.00 0.00 1/31/13 1/31/13 RCM 2,136 CH Check 278.68 278.68 4,991.52 2/14/13 1/31/13 VLD IF Late Fee 13.93 13.93 3/04/13 1/31/13 RCM 2,225 CC Credit•Card 278.68 13.93 264.75 4,726.77 3/24/13 2/28/13 RCM LF Late Fee 13.93 13.93 4/02/13 1/31/13 VLD 2,393 CC Credit Card 278.68 13.93 264.75 4,462.02 4/08/13 3/28/13 VLD LF Late Fee 13.93 '� 13.93 5/03/13 1/31/13 VLO 2,578 CH Check 135 278.78 13.93 191.82 4,270.20 73.03 5/09/13 4/28/13 VLD IF Late Fee 13.93 13.93 Contract Balance: 4,270.20 Fees Balance: 13.93 Total Amount Due: 4,284.13 4 IN THE COURT OF COMMON PLEAS f'rsU [, )�'-n Frttt ] CUMBERLAND COUNTY, PENNSYLVANIA PM �2 WALTER JACKSON-HILL C"PIB R,L,Y iD c 522 Second Street REPi�, LVA,, LINTY Carlisle, PA 17013 : Plaintiff .d v no SPANKEY'S AUTO SALES 605 East Locust Street CIVIL ACTION—LAW Mechanicsburg, PA 17055 and LAST CHANCE AUTO FINANCE LLC 605 East Locust Street JURY TRIAL DEMANDED Mechanicsburg, PA 17055 : PRAECIPE To the Prothonotary: I hereby certify that Plaintiff is of indigent status and cannot afford filing fees. I also certify that I am representing Plaintiff on a pro bono basis. I therefore request In Forma Pauperis status for Plaintiff. Date: Joseph T, Sucec, Esq., Attorney for Plaintiff 325 Peach Glen Idaville Road Gardners, PA 17324 717-315-2359 joesucec@comcast.net Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'Hill' DEC I9 @i 3: 2# CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF F)% Walter Jackson -Hill vs. Spankey's Auto Sales Case Number 2014-6902 SHERIFF'S RETURN OF SERVICE 12/11/2014 12:06 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Spankey's Auto Sales at 701 East Locust Street, Hampden Township, Mechanicsburg, PA 17055. December 12, 2014 (c) Ccunty&uito Sheriff, Teleosoft, Inc. TIM&DEPUTY SO ANSWERS, RR ANDERSON, SHERIFF