HomeMy WebLinkAbout05-4499AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff
V.
DONALD R. SNYDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. O'-,9 919 ?
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (2o) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE..
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF lono
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 19go. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. All arrangements must be made at least 72 hours prior to any
hearing or business before the court. You must attend the scheduled conference or hearing.
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff
vi.
DONALD R. SNYDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 0S_-A1AlQ9
COMPLAINT
The above-referenced Plaintiff, American General Consumer Discount
Company, by their attorney, Karl E. Rominger, Esquire, respectfully sets forth the
following cause of action:
1. Plaintiff, American General Consumer Discount Company is a Pennsylvania
Corporation, operating their business at 6 South Hanover Street, Carlisle, Cumberland
County, Pennsylvania, 17013-0417.
2. Donald R. Snyder is an adult individual with an address believed to be at
731 Duval Street, Jacksonville, Duval County, Florida 32218.
3. On or about November 11, 2003, Donald R. Snyder, hereinafter "Defendant"
entered into a Loan Agreement, [attached hereto as Exhibit "A"] with the American
General Consumer Discount Company, hereinafter "American General".
4. The loan agreement provided Defendant with a line of credit of approximately
$7968.oo.
5. Defendant agreed, by executing said document, that he would repay the loan
on a monthly basis, making 48 payments of $275.00 per month.
6. In consideration of the loan, Defendant executed a security interest on a 1999
Ford F25o Truck, VIN # 1FTNX2oL5XEC28953, in favor of American General.
7. The property secured by and subject to the loan is described on the security
page with the `Loan Agreement'.
WHEREFORE, Plaintiff demands judgment against Defendant, Donald R.
Snyder, and in favor of Plaintiff's, possession together with reasonable attorney's fees,
interests and costs.
COUNT I. BREACH OF CONTRACT
7. Previous paragraphs are incorporated by reference as if fully laid out herein.
8. Defendant's last payment was received by American General on February 28,
2005.
Defendant failed to make his February 5, 2005, and owes $28.oo from
January 2005.
a. Account is due for February payment plus $28.oo for January
paymnet.
10. Defendant has failed to make numerous previously due payments.
11. Defendant contracted for, by way of the loan agreement and the actions of the
parties, to finance $7968.oo from American General.
12. American General has not received any payments from Defendant since
February 28, 2005.
13. Defendant, by failing to pay the March 28, 2005, and subsequent payments is
in breach of the `Loan Agreement'.
14. The following amounts are due on the loan:
Amount Financed: $7,968.00. Principal Balance: $8,118.oo
Interest from February 5, 2005, and part of January 2005 to the present
date, on the principal at 26.83 %.
Late charges from February 28, 2005, to August 29, 2005, at 1.5 % per
month of the unpaid amount of the payment.
Subtotal: $9,528.22•
Attorney fees: $1,ooo.oo and continuing.
15. The attorney's fees set forth above are in conformity with the `Loan
Agreement' and Pennsylvania Law.
16. Interest continues to mount on a daily basis and Plaintiff seeks recovery of
such.
17. Judgment has not been entered on the aforementioned `Loan Agreement'
in any jurisdiction.
WHEREFORE, Plaintiff demands judgment against Defendant, Donald R.
Snyder, and in favor of Plaintiff's, possession together with reasonable attorney's fees,
interests and costs.
COUNT II. COMPLAINT IN REPLEVIN
REPOSSESSION OF AUTOMOBILE
18. Plaintiff, American General Consumer Discount Company, is a
Pennsylvania corporation authorized to do business in this Commonwealth with a place
of business at 6 South Hanover Street, Carlisle, Pennsylvania.
19. Defendant, Donald R. Snyder, is an adult individual whose last known
address is 731 Duval Street, Jacksonville, Florida.
20. On or about November 22, 2003, defendant entered into an installment
contract with Plaintiff, for a 1999, Ford F250 Super Truck, Serial Number
1FTNX20L5XEC28953• A true and correct copy of the contract is attached as
Exhibit "A".
21. By the terms of the contract, Plaintiff maintained a security interest in the
subject automobile.
22. Plaintiff's security interest is evidenced by a Commonwealth of
Pennsylvania Certificate of Title, a copy of which is attached as Exhibit "B".
23. Defendants have defaulted under the contract by failing to make monthly
payments when due, as follows: 48 monthly payments of $275.00 starting on January 5,
2004.
24. The vehicle has a retail value of $7,968.oo.
25. Plaintiff believed and therefore avers that the defendant has possession of
the subject vehicle.
26. Defendants have failed and refused, despite repeated demands by plaintiff,
to pay the balance due under contract or deliver possession of the vehicle to plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, Donald R.
Snyder, and in favor of Plaintiffs, possession together with reasonable attorney's fees,
interests and costs.
DatedAK 311 co 1 *r Respectfully submitted,
ROM[NGER, BAYLEY & WHARE
' Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Tel: (717) 241-6070
Fax: (717 241-6878
Supreme Court ID # 81924
Attorney for Plaintiff
LOAN AGREEMENT AND DISCLOSURE STATEMENT
AMERICAN
(GENERAL
FINANCIAL SERVICES
DATE 11/22/03 ACCOUNT NUMBER 13508425 TYPE OF LOAN (Alpha) 000
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") LENDER'S TELEPHONE NUMBER 717-243-6055
AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
6 S HANOVER ST
CARLISLE, PA 17013-0417
BORROWER(S) NAME AND ADDRESS
DONALD R SNYDER
231 YORK RD APT B
CARLISLE, PA 17013
I ...:11 r?J t
••,11 104,. ,1110 cnuro wan r uitsement ano ulsclosure atement (" reement") and all related documents carefully. If I have
any questions, I will ask them before I sign any of t ese do ents. By signing, I am indicating my agreement to the
statements, promises, terms, and conditions contained in cuments I sign.
TRUTH IN LENDING DISCLOSURES
The cost of my credit as a yearly rate.
26.83 %
My Payment Schedule Will be:
The dollar amount the
credit will cost me.
5232.00
7968.00
13200.00
Number of Payments Amount of Payments When Payments Are Due
48 $375.00 Manthl be innin 01`05 04
LATE CHARGE: ?X If any payment Is not paid in full within 10 days after its due date, you will pay 1 . SO % per month of the unpaid amount
of the payment, but not more than $ N/A or less than $ 1 ,00.
If any payment is not paid in full within _ days after its due date, I will be charged $ if the entire scheduled payment
exceeds $ or $ If the entire scheduled payment is $ or less.
PREPAYMENT: If I payoff early:
11 1 may ?X 1 will not
® 1 may I will not
SECURITY: I am giving Lender a security interest in:
n Real estate located at:
Motor
Vehicles
have to pay a penalty or minimum charge.
get a refund or credit of part of the finance charge.
Year Make Model Vehicle Identification No.
1999 FORD TRUCR F250 SUPER 1FTNX2OC5XEC28953
? Dlhef Asset Descdplion
Other
Assets
? Household items described on the Personal Property Appraisal Form, which I have signed and which has been delivered tome with this Agreement.
ASSUMPTION: Someone buying my home, if it secures this loan, may not assume the remainder of this loan on the original terms unless approved by Lender.
See the remainder of this Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and
prepayment refunds and penalties, if any.
I MO AurtetMEIVT I5 SUBJECT TO THE FEDERAL ARBITRATION ACT.
By signing below. I acknowledge receipt of a copy of this Federal Disclosu
SEE REVERSE SIDE FOR ADDITIONAL DISCLOSURES
PAW1 (09.13-3) PA (Consumer Discourlp Agreement (1.2) Page 1
AMOUNT FINANCED
The amount of credit provided
to me or on my behalf.
TOTAL OF PAYMENTS
The amount I will have paid after I have
made all payments as scheduled-
&x14 1 a/T ""A
ITEMIZATION OF AMOUNT FINANCED
Amounts paid to others on my behalf
1. $ NONE PAID TO
2. $ NONE PAID TO
3. $ NONE
00 Personal Property Premium
$ 72
4 PAID TO
PAID TO PERSONAL
PROPERTY INSURANCE COMPANY*
.
.
5. $ NONE PAID TO
s. $ NONE PAID TO
7. $ NONE PAID TO
B. $ NONE PAID TO
9. $ NONE PAID TO
10. $ NONE PAID TO
11. $ NONE PAID TO
12. $ NONE PAID TO
13. $ NONE PAID TO
14. $ NONE PAID TO
15. $ NONE PAID TO
18. $ NONE PAID TO
17. $ NONE PAID TO
18. $ NONE PAID TO
19. $ NONE PAID TO
20. $ NONE PAID TO
21. $ PAID TO
22. $ PAID TO
23. $ PAID TO
24..$ PAID TO
25. $ PAIDTO
28. $ PAID TO
27. $ PAID TO
28. $ PAIDTO
29. $ PAID TO
30. $ PAID TO
31. $ PAID TO
32. $ PAIDTO
33. $ PAID TO
34. $ PAID TO
35- $ PAID TO
38. $ PAID TO
37. $ PAID TO
38. $ PAID TO
39. $ PAID TO
40. $ PAID TO
41. $ PAID TO
42. $ PAID TO
43. $ PAID TO
44. $ PAID TO
45. $ PAID TO
Amount Paid on Prior Account with Lender
48. $ 7869.74
Amounts Paid to me Lender may retain a
47. $ 26.26 PAID TO DONALD R SNYDER portion of these
48. $ PAID TO amounts.
49. $ PAID TO
50. $ PAID TO
51. $ PAID TO
52. $ PAID TO
53. $ PAID TO
54. $ PAID TO
.55. $ - - PAIDTO- - - -- -- - -
58. $ PAID TO
$ 7968.00 Amount Financed (Sum of lines 1 - 56)
$ 150.00 Prepaid Finance Charges (Itemized below)
$ 5082.00 Interest (Discount)
$ 66.00 Extended First Payment Due Date Charge
PREPAID FINANCE CHARGES
1. $ 150.00 Service Charge PAID To LENDER
2. $ NONE PAID TO
3. $ NONE PAID TO
4. $ NONE PAID TO
5. $ NONE PAID TO
e. $ NONE PAID TO
7. $ NONE PAID TO
8. $ NONE PAID TO
9. $ NONE PAID TO
to. $ NONE PAID TO
11. $ NONE PAID TO
11 $ NONE PAID TO
13. $ NONE PAID TO
14. $ NONE PAID TO
15. $ NONE PAID TO
PAAA52 (04-13.03) PA (Consumer Discount) Agreement (1-2) Page 2
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and disputes between parties without having to file a lawsuit
in court. It is a process in which both sides present their case to a neutral third person--the arbitrator-instead of a judge or jury, to resolve
the dispute. TO THE FULLEST EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND I ARE
VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS
ARBITRATION AGREEMENT ("this Arbitration Agreement").
CLAIMS AND DISPUTES* COVERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED BY
ARBITRATION," Lender and I agree that either party may elect to resolve by BINDING ARBITRATION all claims and disputes between us
("Covered Claims").-This includes, but is not limited to, all claims and disputes arising out of, in connection with, or relating to:
My loan from Lender today; any previous loan from Lender and any previous retail credit agreement ("Retail
Contract") whether open or closed-end, assigned to Lender; all documents, promotions, advertising, actions, or
omissions relating to this or any previous loan or Retail Contract made by or assigned to Lender; any insurance
product, service contract, or warranty purchased in connection with this or any previous loan or Retail Contract
made by or assigned to Lender; any product or service offered to Lender's customers with any assistance or
involvement by Lender, whether the claim or dispute must be arbitrated; the validity and enforceability of this
Arbitration Agreement and the Agreement, my understanding of them, or any defenses as to the validity and
enforceability of the Agreement and this Arbitration Agreement; any negotiations between Lender and me; the
closing, servicing, collecting, or enforcement of any transaction covered by this Agreement; any allegation of fraud
or misrepresentation; any claim based on or arising under any federal, state, or local law, statute, regulation,
ordinance, or rule; any claim based on state or federal property laws; any claim based on the improper disclosure of
any Information protected under state or federal consumer privacy laws; any claim or dispute based on any alleged
tort (wrong), Including intentional torts; and any claim for injunctive, declaratory, or equitable relief.
COVERED CLAIMS AGAINST THIRD PARTIES. This Arbitration Agreement also covers any claim or dispute between me and any of
Lender's employees, officers, agents, or directors; any of its affiliate corporations; any entities which provided insurance in connection with
this or any previous transactions between me and Lender, any third parties that assigned Retail Contracts or other agreements to Lender;
and any of the employees, officers, agents, or directors of such affiliates or third parties. Affiliate corporations are Lender's parent
corporations, subsidiary corporations, and sister corporations. Some of Lender's affiliates are American General Finance Corporation,
American General Financial Services, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, if Lender becomes a
party in any lawsuit that I have with any third party, whether through intervention by Lender or by motion made by me or any third party, all
claims in that lawsuit between me and the third party will be subject to binding arbitration under this Agreement, provided that the third party
is required to agree to resolve such claims by arbitration.
MATTERS NOT COVERED BY ARBITRATION. I agree that Lender does not have to initiate arbitration before exercising lawful self-help
remedies or judicial remedies of garnishment, repossession, replevin, or foreclosure, but instead may proceed in court for those judicial
remedies (an "Excluded Collateral Lawsuit''). I may assert in court any defenses I may have to Lender's claims in such a lawsuit, but any
claim or counter claim for rescission or damages I may have arising out of, relating to, or in connection with Lender's exercise of those
remedies must be arbitrated. Instead of pursuing arbitration, either Lender or I also have the option to bring a lawsuit in court to seek to
recover an amount which does not exceed the total sum of $5,000.00 (including costs and attorneys' fees), provided that no relief other than
such recovery is requested in such lawsuit (an "Excluded Damages Lawsuit"). If an Excluded Damages Lawsuit is filed, the other party
cannot require that the claims in that lawsuit be arbitrated. An Excluded Damages Lawsuit can be brought to recover money for myself or
Lender only, not for any class or group of persons having similar claims. If such an Excluded Damages Lawsuit is filed by me or Lender, and
any party to that lawsuit files an amendment, counterclaim, cross-claim, or third-party claim seeking to recover more than $5,000, then that
claim, counterclaim, cross-claim, or third party claim must be arbitrated in accordance with the procedures set forth in this Arbitration
Agreement. Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or
judicial remedies of garnishment, repossession, replevin, or foreclosure or by having filed any claims in court seeking to recover a total sum
of $5,000.00 or less.
ARBITRATION RULES AND PROCEDURES.
A. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the rules and procedures of the National Arbitration
Forum ("NAF") that are in effect at the time arbitration is started and under the rules set forth in this Arbitration Agreement. At my request.
Lender will provide me a copy of the NAF Rules. If I lose my copy, Lender will give me another one if I ask for it. I may also obtain a copy
of those rules by calling NAP at 1-800-474-2371 or by reviewing NAF's web-site at www.arb-forLim.com. In the event that NAF is either
unable, unwilling, or deemed not appropriate by a court to resolve a Covered Claim, or I object to the NAF for good cause, then Lender and I
agree to submit all disputes to the American Arbitration Association ("AAA") for proceedings conducted pursuant to the AAA's Commercial
Rules and Expedited Procedures. In the event that AAA is either unable, unwilling, or deemed not appropriate by a court to resolve a
Covered Claim, or I object to the AAA for good cause, then Lender and I agree to submit all disputes to JAMS for proceedings conducted
under its Financial Services Arbitration Rules and Procedures. If there is a conflict between the rules of the NAF (or the AAA or JAMS) and
this Arbitration Agreement, this Arbitration Agreement will govern.
B. SELECTION OF ARBITRATOR. NAF maintains lists of approved arbitrators. NAF will provide Lender and me each a list of seven (7)
possible arbitrators. Lender and I will each have an opportunity to strike three (3) persons from that list. I will make the first strike, and
Lender and I will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator
C. STARTING ARBITRATION. Before I start arbitration, I agree to write to Lender at the address shown for Lender in this Agreement,
unless 1 have received notice of a new address for Lender, and I agree to give Lender a reasonable opportunity to respond and resolve any
errors. In my letter, I will give the following information: my name and account number, a description of my claim or dispute and why I
believe Lender has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Lender.
Before Lender starts an arbitration, it must write to me at my billing address; describe its claim or dispute; state the dollar amount of its
claim or dispute; and give me a reasonable opportunity to resolve the claim or dispute. If a Covered Claim cannot be resolved in the
foregoing manner, either Lender or I can start arbitration. Except as described in Paragraph E below, nothing in this Arbitration Agreement
shell limit the arbitrator's ability to enforce any of my rights or impose any remedies available to me under any applicable consumer
protection laws or regulations. To start an arbitration, Lender and I agree to follow the rules of the NAF (or, if applicable, the rules of the
AAA or JAMS).
0. COSTS OF ARBITRATION. The NAF, AAA, and JAMS all charge certain fees in connection with arbitration proceedings they conduct.
I may have to bear some of these fees; however, if I am not able to pay such fees or think they are too high, Lender will consider any
reasonable request to bear the cost. Lender will also bear any costs Lender is required to bear by law or the terms of any other agreement
with me. Each party will also pay for its own costs, including fees for attorneys, experts, and witnesses, unless otherwise provided by law or
by the terms of any other agreement between the parties, to the extent permitted by applicable law.
E. CONDUCT OF PROCEEDINGS. in conducting the arbitration proceedings, the arbitrator shall be bound by the Federal Rules of
Evidence; however, the federal or any state rules of procedure or discovery shall not bind the arbitrator. The arbitrator's findings, reasoning,
decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the
loan or other agreement between Lender and me. The arbitrator must abide by all applicable laws protecting the attorney-client privilege, the
attorney work product doctrine, or any other applicable privileges.
SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS
UNMI(10.13.02) Agreement (3-4) Page3 Initials /
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (con'd)
F. ENFORCEMENT AND APPEAL OF DECISION. The decision and judgment of the arbitrator shall be final, binding, and enforceable in
any court having jurisdiction over the parties and the dispute; however, for Covered Claims involving more than $100,000, any party may
appeal the award, at its own cost, except as provided by law, to a three-arbitrator panel appointed by the NAF, AAA, or JAMS, as the case
may be. That panel will reconsider from the start any aspect of the initial award that either party asserts was incorrectly decided. The
decision of the panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator's (or panel's) findings,
decision, and award shall be subject to judicial review on the grounds set forth in 9 U.S.C. § 10, as well as on the grounds that the findings,
decision, and award are manifestly inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules.
0. LIMITATION OF PROCEEDINGS, Lender and I further agree that the arbitrator will be restricted to resolving only the claims,
disputes, or controversies between Lender and me and the other parties covered by this particular Agreement (and not by similar
agreements). Arbitration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demands of
other persons. I agree not to participate in a represemative capacity or as a member of any class of claimants pertaining to any Covered
Claim.
H. LIMITATION OF ARBITRATOR'S AUTHORITY: The arbitrator may award punitive damages only under circumstances where a court
of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable state
and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages award.
The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using
the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The arbitrator
may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, but
the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to the
arbitration proceeding.
1. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where I live unless Lender and I agree to another
location. If Lender and I agree, all or a portion of the arbitration proceedings can be conducted by telephone conference.
J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights under
this Arbitration Agreement if a Covered Claim is filed in court.
K. FORUM SELECTION CLAUSE. If either Lender or I need to file a lawsuit to enforce this Arbitration Agreement or to pursue claims
that either may or may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court located in
the county where Lender's office is located or where I sign this Agreement, or in the federal court covering that county, unless the governing
law requires suit to be filed in another location. Nothing in this paragraph shall prevent either Lender or me from enforcing its or my rights
underthis Arbitration Agreement if the Covered Claim is filed in court.
ADDITIONAL INFORMATION. I may obtain additional information about arbitration by contacting the National Arbitration Forum, Inc., at
P.O. Box 50191, Minneapolis, Minnesota 55405. (800-474-2371 (Telephone)). (651-631-0802 (Fax)). www.arb-forum.com (e-mail).
OTHER IMPORTANT AGREEMENTS. Lender and I agree:
(a) This Arbitration Agreement does not affect any statute of limitations or claims of privilege recognized at law.
(b) The loan and insurance transactions between Lender and me and other applicable parties are transactions involving interstate
commerce, using funds and other resources from outside the state.
(c) The Federal Arbitration Act applies to and governs this Agreement- State arbitration laws and procedures shall not apply to this
Agreement.
(d) This Agreement applies to and runs to the benefit of Lender's and my assigns, successors, executors, heirs, and/or representatives.
(e) If any term of this Arbitration Agreement is unenforceable, the remaining terms are severable and enforceable to the fullest extent
permitted by law.
(f ) This Arbitration Agreement supersedes any prior arbitration agreement that may exist between Lender and me and can only be modified
in writing signed by the parties.
(g) This Arbitration Agreement applies even if my loan has been cancelled, changed, modified, refinanced, paid in full, charged off, or
discharged or modified in bankruptcy.
I AGREE TO READ THIS ARBITRATION AGREEMENT CAREFULLY, BECAUSE IT LIMITS CERTAIN OF MY RIGHTS, TO THE
EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND TO
PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE
READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
SEE FOLLOWING PAGE FOR ADDITIONAL-INFORMATION
UNBA22 (10-13-02) Agreement (3.4) Page 4 Initials(
DATE;OF LOAN. 11 /22/03 (the date the Finance Charge is scheduled to begin to accrue).
PROMISE TO PAY. For value received, I promise to pay to the order of the Lender all amounts due under this Agreement in accordance
with the Payment Schedule set forth in the Truth in Lending Disclosure on page 1 of this Agreement, and the other terms of this
Agreement.
SECURITY AGREEMENT. If any type of personal property (property other than real estate ("real property")) is disclosed in the "Security"
section of the Truth in Lending Disclosures, to secure all amounts due or which become due under this Agreement and my performance of
all other terms of this Agreement, I grant Lender a security interest underthe Uniform Commercial Code or other applicable law in (1) the
property identified in the "Security" disclosure of the Truth in Lending Disclosures on page 1 of this Agreement; (2) any substitutions or
replacements of that property; and (3) the proceeds and products of that property (collectively referred to as the "Collateral"). I also grant
Lender a security interest in any unearned premiums from any insurance I have elected and purchased through Lender in connection with
this transaction which protects the loan account or collateral (including, but not limited to, voluntary credit and personal property
insurance). Lender's security interest shall remain in effect until I have paid in full all amounts due under this Agreement and any
modifications, renewals, and extensions thereof. Notwithstanding any other provision of this Agreement, Lender is not granted, and will
not have, a nonpurchase money security Interest in household goods, to the extent such a security interest would be prohibited by
applicable law. I authorize Lender to sign and file financing statements covering the Collateral without my signature. I authorize Lender
to file a copy of this Agreement as a financing statement when appropriate. If real property is disclosed in the "Security" section of the
Truth in Lending Disclosures, I am signing a mortgage or deed of trust covering the real property at the some time that I am signing this
Agreement.
JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that they are jointly and severally liable and that
Lender may enforce this Agreement against all or any of them, but not in a combined amount exceeding the amount due.
CO-MAKERS (also referred to as CO-SIGNER(S)) If I am signing this Agreement as a Co-Maker, I understand that I am equally
responsible with the Borrower(s). I agree that Lender may pursue me or any Maker if this Agreement is in default. Unless required by
law, Lender will not notify me if (a) this loan is in default, (b) Lender agrees to accept different payment terms, (c) Lender releases any
security interest, or (d) Lender releases any Borrower(s) or Maker(s).
CREDIT INFORMATION. I authorize Lender to investigate my creditworthiness, including to obtain my credit report at anytime, as
permitted by law.
REQUIRED PROPERTY INSURANCE. I agree to insure any automobiles, all terrain vehicles, snowmobiles, watercraft, other titled
vehicles, large equipment, an dwe lings and other structures attached to real property ("Property"), in which I have granted Lender an
interest to secure my loan, against all risks of physical damage, including loss by fire and other hazards, for the term of the loan, in
amounts and with deductibles approved by Lender ("Required Insurance"). Required Insurance must (1) be issued by an insurer and have
terms and conditions satisfactory to Lender, (2) name Lender as loss payee or mortgagee, (3) not permit the addition of any other loss
payee or mortgagee to the insurance policy unless Lender consents in writing, (4) provide that such insurance will not be canceled or
modified without at least 15 days prior written notice to the loss payee or mortgagee, and (5) not include any disclaimer of the insurer's
liability for failure to give such notice. I may purchase Required Insurance from whomever is acceptable to Lender or provide existing
coverage through any insurance company or agent of my choice that is acceptable to Lender. Lender does not sell Required Insurance I
agree to provide to Lender satisfactory proof of Required Insurance. I agree to keep Required Insurance in force until all amounts I owe
Lender under this Agreement are paid in full. In the event of damage to or loss of the Property, I agree to give prompt notice to Lender
and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, Lender may, but is not required to, do
so on my behalf. I agree Lender may use any Insurance proceeds to reduce any amounts I owe under this Agreement. To the extent
permitted by law, I authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such
insurance payments. If insurance proceeds paid to Lender do not pay off all amounts I owe Lender under this Agreement, I remain
responsible for payment of the balance of any amounts due under this Agreement.
LENDER PLACED INSURANCE. If at any time I fail to buy or keep in force Required Insurance, Lender may, but is not required to,
purchase Required Insurance at my expense to protect Lender's interest in the Property. I agree that Required Insurance may, but to the
extent permitted by law, need not, protect my interests. The coverage purchased by Lender may not pay any claim I make. I agree that
the cost of Required Insurance purchased by Lender may be much more than the cost of Required Insurance I could have obtained on my
own, and I agree that the cost of such Required Insurance may, to the extent permitted by law, be added to my loan balance and accrue
interest at the Contract Rate. I authorize Lender to release to third parties any information necessary to monitor the status of Required
Insurance on my Property and to purchase Required Insurance required by this Agreement.
VOLUNTARY CREDIT INSURANCE. Lender's affiliate may provide the credit insurance that I voluntarily select. Lender and/or its
affiliates expect to profit from my purchase of voluntary credit insurance, and I consent to this.
ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. I, where authorized by law, hereby assign to
Lender any moneys, not in excess of the unpaid balance of indebtedness which this instrument secures, which may become payable
under any insurance I have elected and purchased through Lender in connection with this transaction which protects the loan account or
collateral (including, but not limited to, voluntary credit and personal property insurance), including return of unearned premiums, and
direct any insurance company to make payment directly to Lender to be applied to said unpaid indebtedness and I hereby appoint Lender
as my attomey-in-fact to endorse any draft, check or other papers necessary to obtain such insurance payments.
CORRECTION; RELEASE. During the term of this Agreement, I agree to cooperate with Lender to (a) correct any clerical errors that
were made in connection with loan documents, (b) in obtaining the correct amounts due to others, and (c) in releasing all liens upon
payment in full. Lender may consider any breach of this requirement as an event of default of this Agreement.
CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if
Lender reasonably believes that (a) there are material omissions or misrepresentations in connection with my credit application, (b) there
is a material, adverse change in my creditworthiness, (c) there are additional liens on the right, title, or interest of any collateral to be used
for this loan, or (d) a sale or transfer of any right, title, or interest in any collateral to be used for this loan has or will occur that is not
agreed to by the Lender.
SEVERABILITY. The fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of
any federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this
Agreement.
NO ASSUMPTION. This Agreement shall not be eligible for assumption by any party without the express written consent of Lender
SEE REVERSE SIDE FOR ADDITIONAL INFORMATION
UNBT61 (6-1.03) Agreement (55)
Page 5 Initia /
DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, I will be in default of this Agreement if any
one of the following occurs:
A. I fail to make any payment under this Agreement when due.
B. I fail to do anything else I have agreed to do in this Agreement.
C. Any statement or representation I made in my credit application is untrue or incorrect.
D. I fail to provide Lender with proof of employment, residence, insurance, or repair to credit history within three (3) business days
after Lender's written request for this information.
E. I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or
involuntary bankruptcy proceeding.
F. Any judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral.
G. Any police or governmental agency seizes or impounds the Collateral, if the Collateral consists of personal property, or starts
forfeiture proceedings against the Collateral.
K If the Collateral consists of personal property, 1 relocate to another state without giving written notice at least 30 days before
relocating.
1. 1 sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission.
J. Any other event or circumstance occurs that reasonably causes Lender to deem itself insecure or to believe that Lender's
prospects for payment or realization upon the Collateral are impaired, unless prohibited by state law.
(For Kansas residents only, Lender believes the preceding events would significantly impair the prospect of payment, performance,
or realization of collateral. Except for a default resulting from my failure to make any payment as required by this Agreement, the burden
of establishing the prospect of such significant impairment is on the Lender.)
GENERAL REMEDIES. If 1 am in default on this Agreement, Lender has, subject to any requirements of notice or right to cure or similar
provisions, a o e remedies permitted by law and this Agreement, including:
A. Lender may require me to pay Lender immediately, subject to any rebates required by law, the remaining unpaid balance of the
Amount Financed, finance charges, and all other agreed charges. These amounts will accrue finance charges from the date I
am required to pay Lender at the Contract Rate or lesser rate as required by applicable law, until paid in full.
B. Lender may pay taxes, assessments, or other liens, or make repairs to the Collateral if I have not done so, but Lender is not
required to do so. Upon payment by Lender, these amounts will be due immediately and will accrue finance charges from the
date paid at the Contract Rate until repaid in full to Lender.
C. If the Collateral consists of personal property, Lender may require me to make the Collateral available to Lender at a place
Lender designates that is reasonably convenient to Lender and me.
D. If the Collateral consists of personal property, Lender may immediately immobilize, disable, or take possession of the Collateral
by legal process or self help, but in doing so Lender may not breach the peace or unlawfully enter onto my premises. Lender
may then sell the Collateral and apply what Lender receives, as provided by law, to Lender's actual and reasonable expenses.
E. Except when prohibited by law, I am responsible for any deficiency if the proceeds from the sale of the Collateral do not cover
what 1 owe Lender, and Lender may sue me for those additional amounts.
F. If the Collateral consists of real property, Lender may begin foreclosure proceedings as described in the mortgage or deed of
trust granting Lender a security interest in the Collateral.
G. Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit or personal property
insurance in the event of default and I hereby appoint Lender as my attorney-in-fact to cancel any such insurance in the event of
default, subject to any applicable restrictions under state law. Return of any unearned premium as a result of such request for
termination or cancellation will be credited to my loan account.
H. Lender may accept late payments or partial payments even though marked "Payment in Full" (or similar language) without
losing any of its rights under this Agreement, to the extent permitted by law.
By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use
any remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender's rights are hereunder
cumulative, not exclusive.
I agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral if it is personal property, notice
is reasonable if mailed to my last known address, as reflected in Lender's records, at least ten (10) days before the date of the intended
sale or transfer, or such other period of time as is required by law.
I agree that, subject to my right to recover such property, Lender may take possession of personal property left in or on the Collateral
securing this Agreement and taken into possession as provided above.
WAIVER. Unless law or this Agreement provide otherwise, I hereby waive presentment, notice and protest, and all other demands and
notices in connection with the delivery, acceptance, performance, default, or endorsement of this Agreement and all suretyship defenses
generally to the extent permitted by applicable law.
NOTICES. If required by law, Lender will provide me with notices under this Agreement, if mailed, to my last known address as reflected
in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance.
DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them.
SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or
other fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest
amount allowed by applicable law. If a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance
charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then (a) any
such interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit and (b) any sums already collected from
me that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the Principal, as defined below,
that I owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund
shall constitute a waiver of any right of action I might have arising out of such overcharge.
The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods
from a seller who either refers consumers to the lender or who is affiliated with the lender by common control, contract,
or business arrangement:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION
r
UNBT62 (6-7-03) Agreement (5-ti) Page 6 (nit
PRECOMPUTED LOAN. I agree to pay the Total of Payments in the amounts and on the dates shown in the Payment Schedule in the
Truth in Lending Disclosures on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lender's
address set forth in this Agreement, unless otherwise notified, until paid in full. If any unpaid amounts remain due to Lender after my final
scheduled payment due date, I agree to pay interest on the unpaid amount at the Contract Rate, until paid in full.
EXTENDED FIRST PAYMENT DUE DATE CHARGE. $ 66 00. If an amount is disclosed, have requested an extended first
payment due ate and agree to pay the disclosed charge.
PRINCIPAL. Principal is the total of the Amount Financed, plus Prepaid Finance Charges that I have financed.
BALLOON PAYMENT. If checked, my last scheduled payment is larger than my regular scheduled payments ("Balloon
Payment"). I agree that, unless Lender has agreed to refinance my Balloon Payment, I must pay the full amount of my Balloon
Payment from my own resources or by refinancing my loan with another lender on or before the due date of my Balloon Payment.
PREPAYMENT REFUND. I may prepay all or any part of my loan at any time. The Prepaid Finance Charges are deemed by the parties
to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law
If I prepay this loan in full, the amount I owe will be reduced by any unearned finance charges, computed by (a) if the term of this
Agreement is sixty-one (61) months or less and this loan is not governed by § 226.32 of Regulation Z, which implements the Home
Ownership and Equity Protection Act, the Rule of 78s method, as provided by the Pennsylvania Consumer Discount Company Act, or (b) if
the term of this Agreement is more than sixty-one (61) months or if this loan is governed by § 226.32 of Regulation Z, which implements
the Home Ownership and Equity Protection Act, the actuarial method. No refund of less than $1.00 will be made.
LATE CHARGE. I agree to pay any late charge described in the Truth in Lending Disclosures herein-
DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returned unpaid for any reason,
dishonored check charge of $ 00 .
DEFAULT COSTS. In the event of default, I agree to pay Lender's (a) court costs, (b) reasonable attorney's fees, and
on any security interest, each if and to the extent permitted by applicable law.
GOVERNING LAW. The laws of the Commonwealth of Pennsylvania shall govern this Agreement, except as preempted
PLEASE SEE IMPORTANT INFORMATION ON REVERSE
PAAT21 (7.22-02) PA (consumer Discount) Agreement (74) Page 7
Initial
'
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with regard to the subject matter hereof, and no party
hereto has relied upon any representations except such as are specifically set forth herein. This Agreement cannot be modified in any
respect except by an amendment in writing signed by the parties. All notices under this Agreement shall be in writing and directed to the
parties at the addresses shown at the beginning of this Agreement or to such other address as a party may specify by notice given in
accordance with this paragraph.
IF I DEFAULT AND THIS LOAN IS SECURED BY A MORTGAGE ON MY HOME, I MAY LOSE MY HOME.
BY SIGNING BELOW, I SIGNIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDmONS OF THIS
AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDER
OR 1 MAY REQUIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED TO BINDING ARBITRATION. IF LENDER OR I
ELECT TO USE ARBITRATION, WE AGREE THAT WE WILL HAVE THEREBY WAIVED OUR RIGHTS TO TRIAL BY JURY OR
JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DISPUTE WILL BE DECIDED BY AN
ARBITRATOR, AND THAT THE DECISION OF THE ARBITRATOR WILL BE FINAL. ARBITRATION WILL BE CONDUCTED
PURSUANT TO THE RULES OF THE NATIONAL ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THE
ARBITRATION AGREEMENT. uNARBT (8.12-01)
I agree that, on or before the date on page 1 hereof ("the Date of Agreement'), I have received and read a fully completed, legible Copy or
this Agreement, the Truth in Lending Insurance Disclosures, the Privacy Notice, the Personal Property Appraisal Form (if applicable), and
two copies of a Notice of Right to Cancel (if applicable) and agree to be bound thereby.
W'
ass , ` lny
? IN N YG ? %
Witness
L LS
orrower DONALD' SNYDER
L.S.
Co-Borrower
L$.
Co-Maker
Print Name:
Co-Maker
Print Name:
L.S.
PAAT22 (7.22-02) PA (Consumer Discount) Agreement (7-9) Page a
TRUTH IN LENDING INSURANCE DISCLOSURES
DATE 11/22/03 ACCOUNT NUMBER 13508425 TYPE OF LOAN (Alpha) 000
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender")
AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
6 S HANOVER ST
CARLISLE, PA 17013-0417
BORROWER(S) NAME AND ADDRESS ("I","We")
DONALD R SNYDER
231 YORK RD APT B
CARLISLE, PA 17013
CREDIT LIFE, DISABILITY, OR INVOLUNTARY UNEMPLOYMENT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT
AND WILL NOT BE PROVIDED UNLESS I SIGN AND AGREE TO PAY THE ADDITIONAL COST. I cannot be denied credit
simply because I choose not to buy credit insurance.
Type of Voluntary Credit Insurance Premium
CREDIT LIFE AND/OR CREDIT DISABILITY INSURANCE
$ NONE
Date Insurance not elected.
Borrower Date of Birth
Date Coverage not applicable
Co-Borrower Date of Birth
CREDIT INVOLUNTARY UNEMPLOYMENT INSURANCE
$ NONE
Date Insurance not elected.
Borrower
Date of Birth
Date Coverage not applicable
Co-Borrower Date of Birth
If I/we have selected credit disability insurance, I/we certify by signing above that the proposed insured is actively at work at least 30 hours
per week.
VOLUNTARY CREDIT PERSONAL PROPERTY INSURANCE
(Not required to obtain credit. May be obtained from any Insurer 1 choose.) Term In
Months
Premium
I want credit personal property insurance with a coverage
t
f 48 $ 72
00
amoun
o
$ 600.00. .
Date 11/22/03
Crowe DONALD R SNYDER
Date Coverage not applicable
Co-Borrower
%1P%1VVCLLAlll Ulr VULUNTARY INSURANCE. I may cancel any of the voluntary credit or
voluntary credit personal property insurance coverages elected above within 30 days from the Date
of the Loan Agreement (as provided for in the Insurance Pollcy(ies)) and receive a full refund of
premium(s); however, any accrued interest, additional fees, prepaid finance charges, etc., I have
paid because these insurance premium(s) were included in the amount I borrowed (Amount
Financed) may not be refunded. I may also cancel any voluntary credit or voluntary credit personal property insurance
after 30 days have expired, but I will receive a refund of only the unearned premium. To cancel my voluntary credit or
voluntary credit personal property insurance, I must submit a signed and dated written request to cancel, along with the
insurance certificate/policy received with the loan (if available), to the Lender's address herein, unless otherwise notified. Both
I, the Borrower, and my Co-Borrower, if any, must sign the cancellation request. The refunded premiums may be paid to
Lender to reduce the amount I owe on the loan.
LREQUIRED PROPERTY INSURANCE: I may obtain required property insurance from anyone 1 want that is
e to Lender, or 1 may provide existing coverage through any insurance company or agent of my choice
eptable to Lender. Items that must be insured include any automobiles, all terrain vehicles, snowmobiles, watercraft, other
es, large equipment, and dwellings and other structures attached to real property ('Property").
SEE REVERSE SIDE FOR ADDITIONAL INSURANCE DISCLOSURES
UNAI91 (0"1-03) Insuraa Disclusures Page 7
In'
TRUTH IN LENDING INSURANCE DISCLOSURES (corfd)
VOLUNTARY CREDIT INSURANCE. Lenders affiliate may provide the credit insurance that I voluntarily select. Lender
and/or its aftliates expect to profit from my purchase of voluntary credit insurance, and I consent to this.
VOLUNTARY CREDIT PERSONAL PROPERTY INSURANCE. Lender does not require that I insure the personal property
listed on the Personal Property Appraisal Form (if any); however. I may voluntarily purchase voluntary credit. personal property
insurance from Lender or its affiliate or from another insurance company. I should review my existing homeowner's and other
physical damage insurance to determine whether voluntary credit personal property insurance duplicates or adversely affects
my existing insurance coverage(s). Lender and/or its affiliates expect to profit from my purchase of voluntary credit personal
property insurance, and I consent to this.
UNA192 (08-31-03) Insurance Disclosures Page 2 Initials
AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
(INSURABLE AMOUNT)
SCHEDULE A REPLACEMENT- VALUE TOTAL $ 600
SCHEDULES
Items described In Schedule B are being purchased with the proceeds of this credit transaction or are purchase
money collateral retained from a retail contract or revolving credit agreement which is being refinanced. ITEMS
WITH A REPLACEMENT VALUE" ARE COVERED by credit personal property insurance I/we have selected. Motorized
vehicles cannot be covered, i.e., ATVs, mopeds, etc.
ITEMS PURCHASED WITH THE PROCEEDS OF THE CREDIT TRANSACTION OR
IN WHICH CREDITOR RETAINS A PURCHASE MONEY SECURITY INTEREST
ITEM REPLACEMENT"
VALUE
(INSURABLE AMOUNT)
SCHEDULE B REPLACEMENT" VALUE TOTAL $
SCHEDULE C
Items described in Schedule C are being purchased with the proceeds of this credit transaction OR are being used as security
but CANNOT BE COVERED by any credit personal property insurance.
ITEM SIZEIMODEL
I (We) hereby affirm that the items listed on this Personal Property Appraisal Form are owned by me (us), are not used in any
way in my (our) employment, are not essential for my (our) welfare, and that the total value of insurable goods used as
security on this credit transaction is $_ 600
?PV7 / SIGNED.,
WITNESS - -- '-SORRO
NOVEMBER 22, 2003
DATE
SR0231 (1-1.03) Personal Property Appraisal
JOINT BORROWER
JOINT OWNER (NOT BORROWER)
PERSONAL PROPERTY APPRAISAL FORM
(These are the only acceptable items to be used as personal property security. DO NOT USE ANY OTHER ITEMS).
If 1/we have selected personal property insurance, the items described in Schedule A and B with a replacement value" are
covered by insurance- Business Property or Equipment cannot be included as security.
cclaFnrrr P A
YOSEMITE INSURANCE COMPANY
801 N. W. Second Street, P. O. Box 159, Evansville, IN 47701-0159
1-800-325.2147
A Stock Company (herein called "we", "us" or "our")
CREDIT PERSONAL PROPERTY
CERTIFICATE OF INSURANCE
BORROWER'S NAME (herein called "you" or "your") CREDITOR NAME AND ADDRESS
AND ADDRESS
DONALD R SNYDER AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
231 YORK RD APT B 6 S
ISLE
R PA ST 17013-
CARLISLE
0417
CARLISLE, PA 17013 ,
,
EFFECTIVE EXPIRATION INITIALAMOUNT CERTIFICATE
DATE DATE TERM PREMIUM OF INSURANCE NUMBER
11/22/03 12/05/07 48 Months 8 72.00 $ 600.00 13508425
IF B GLA Y, RO BERY OR T EFT IS COVE ED, A DEDUCTIBLE OF OS 0.00 AP LI S TO EACH LOSS.
BASIC CREDIT PERSONAL PROPERTY INSURANCE
INSURING AGREEMENT
Subject to all of the provisions and limitations in the Master Policy issued to the Creditor by us, and in consideration of
payment of the premium, personal property pledged to the Creditor as security for your loan is insured. Personal property
is property that is not required to be titled and is used or bought primarily for personal, family or household use. The
personal property must be in your possession on the Effective Date of the insurance.
RIGHT TO RESCIND
You may rescind this Certificate by giving the Creditor or us a signed and dated written notice within 30 days from the
date you receive it. The insurance premium will then be refunded to you in full or, at the Creditor's option, credited to your
account. The insurance is then void from its Effective Date.
PROPERTY NOT INSURED
Personal property not covered by this insurance includes:
(1) motor vehicles; motorcycles; farm equipment; aircraft or boats (other than rowboats or canoes); recreational
vehicles, trailers, jet skis or any equipment pertaining thereto;
(2) accounts, money, bullion, currency, securities, stamps, deeds or evidences of debt;
(3) records, books of records or manuscripts;
(4) electronic apparatus accessories, radio or television towers or antennas (including masts and lead-ins or wiring
attached thereto); or
(5) antiques or articles of sentimental or unique value.
PERILS COVERED
This Certificate insures against direct loss or damage sustained during the Certificate period caused by:
(1) fire or lightning;
(2) collision, derailment or overturning of vehicle, collapse of bridges, while being transported by land conveyances; or
(3) marine perils while on ferries and/or cars or transfers in connection with land conveyances,
PERILS EXCLUDED
We shall not be liable for any losses:
(1) due to frost, cold weather, ice, snow or sleet;
(2) due to deterioration, unless it results from insured perils;
(3) due to mechanical or electrical breakdown;
(4) caused by your neglect to protect property during and after any conveyed loss to the extent of your neglect; caused
by or resulting from:
(a) hostile or warlike action in time of peace or war, by any government or sovereign power, their military authority
or agent, or by any armed forces;
(b) action taken by the governmental authority hindering, combating or defending against such an occurrence;
(c) seizure or destruction under quarantine or Customs regulations; or
(d) contraband or illegal transportation or trade; or
(5) caused by nuclear reaction, nuclear radiation or radioactive contamination.
PRIMARY COVERAGE
Coverage is primary and will not be proportioned with any other insurance in the event of loss.
TERM OF COVERAGE
Coverage begins when the Creditor acquires a lien on the property and ends when the earliest of the following occurs:
(1) the loan secured by said lien is fully paid, renewed or refinanced;
(2) the property is repossessed by the Creditor;
(3) the loan is charged off;
(4) you request cancellation; or
(5) the term of coverage expires as indicated on this Certificate
BPP•CER-PA
03&00057 (1.13.02) PA1951
LIMIT OF LIABILITY
The insurance shall extend to you and the Creditor as your interests may appear, and we shall be liable for loss or
damage under this Certificate as follows:
(1) Partial Loss. Our liability shall be the lesser of:
(a) the cost to repair the damaged items;
(b) the actual cash value of the damaged items at the time of loss; or
(c) the outstanding balance on your account as of the date of loss less unearned finance charges, unearned
insurance premiums and late charges.
(2) Total Loss. Our liability shall be the lesser of:
(a) the actual cash value of the damaged items at the time of loss; or
(b) the outstanding balance on the your account as of the date of loss less unearned finance charges, unearned
insurance premiums and late charges.
Our liability for any one loss or aggregate losses shall not exceed the Initial Amount of Insurance.
Upon payment of a total loss or a series of partial losses that cumulatively equal the Initial Amount of Insurance, this
Certificate will be cancelled, the premium will be fully earned and our liability ends.
TERRITORY
The loss must occur while the collateral is within Canada or the United States of America and its territories or
possessions, or while being transported between ports thereof.
NOTICE OF LOSS
You shall provide written proof of loss, within 90 days following a loss, to the Creditor, including the date and
circumstances of the loss.
DUTIES WHEN LOSS OCCURS
You shall protect the collateral whether or not the loss is covered under this Certificate. Further loss due to failure to
protect shall not be covered. You shall exhibit the damaged collateral upon our request and cooperate with us. At our
request, you shall help with the conduct of all lawsuits or legal proceedings and in enforcing any right against any party
who may be liable for the loss of or damage to the collateral.
PAYMENT OF LOSS
At our option, we may pay for the loss in money or may repair or replace the personal property or the damaged part with
like kind and quality. If the collateral is stolen and recovered prior to settlement, we may, at our option, return the
collateral with payment for any resultant damage or keep all or such part of the collateral and pay the agreed or appraised
value. There shall be no abandonment of collateral to us.
Payment of loss will be made payable to you or the Creditor as your interests may appear. Payment of loss shall be
made by either a single instrument so worded, or separate instruments payable to the Creditor and you, respectively, at
our option. However, upon demand by the Creditor, the amount of loss will be paid directly to the Creditor.
PAIRS AND SETS
In the event of loss or damage to property involving a part of a pair, set or series of objects or pieces, we, at our option,
may:
(1) repair or replace the part to restore the pair or set to its value before the loss or damage;
(2) pay the difference between the actual cash value of the pair or set before and after the loss or damage; or
(3) pay the reasonable cost of providing a substitute to match the remainder of the pair or set as closely as possible,
In no case will payment exceed the limit of liability.
APPRAISAL
If a loss amount cannot be agreed to, we and the Creditor or you may each select a competent and disinterested
appraiser. The appraisers must be selected within 60 days from the date of disagreement. The appraisers will determine
the loss amount. Should they disagree on the loss amount, the appraisers will select an umpire and will submit the loss
amounts to the umpire. The umpire will determine which submitted loss amount will be paid. Each party shall be
responsible for payment of all expenses of its appraiser and will share equally any expenses of the umpire.
MISREPRESENTATION AND FRAUD
We do not provide coverage if you or the Creditor have intentionally concealed or misrepresented any material fact or
circumstance relating to this insurance. We do not provide coverage If you or the Creditor have intentionally acted
fraudulently or made false statements relating to this insurance whether before or after loss.
SUBROGATION
In the event of any payment of claim under this Certificate, the Company shall be subrogated to all of your rights of
recovery against any person or organization. You shall execute and deliver instruments and papers and do whatever else
is necessary to secure such rights. You shall do nothing after loss to prejudice such rights. The Company waives all
rights of subrogation against you with respect to any claim paid under this Certificate.
CANCELLATION
You may cancel this Certificate by giving a signed and dated written notice to the Creditor or us stating when, thereafter,
such cancellation shall be effective.
REFUNDS
Upon cancellation or termination of this Certificate, refund of premium, if any, will be calculated on a Pro Rata basis and
paid to you or, at the Creditor's option, credited to your account. If cancellation occurs within -Q days of the Effective
Date of coverage and prior to any loss, the full premium will be refunded. No refund will be made if the amount is less
than $1.00.
BPP-CER-PA
038-00057(1-13-02) PA1852
ACTION AGAINST US
Payment for loss may-not be required nor shall action lie against us until: (1) you have fully complied with all the terms of
the Certificate; .(2) 30 days has elapsed after the filing of the proof of loss; and (3) the amount of loss is determined under
the Certficate.
No action at law or in equity shall be brought to recover on this Certificate prior to the expiration of 60 days after written
proof of loss has been furnished. No action shall be brought after the expiration of five years from the time written proof
of loss is required to be furnished.
MODIFICATIONS
All changes or modifications made by us must be signed by our President, Vice President or Secretary. No other person
has authority to alter or waive any of the conditions of this Certificate or make any agreement that shall be binding upon
us.
ASSIGNMENT
The interest of the Creditor and/or you in this coverage is not assignable unless written consent is obtained from us. We
will not be bound by any assignment or transfer of interest that takes place without our consent.
CONFORMITY WITH STATE STATUTES
Any provision of this Certificate that is in conflict with the statutes of the state in which it is issued is amended to comply
with such statutes, It is understood that any changes in state regulations or laws will apply 't those changes affect any
coverage contained in this Certificate.
BPP-CER-PA
THEFT COVERAGE ENDORSEMENT
In consideration of additional premium, coverage for loss or damage will be extended to include the following under Perils
Covered:
Theft - meaning the unlawful taking of property. A deductible in the amount of $00.00 will apply to each loss
caused by theft.
The following is added to the Duties When Loss Occurs provision:
In the event of theft, the Borrower must give prompt notice to the police department that has jurisdiction over the
crime.
All other terms and conditions remain the same.
BPP-THEFT
REPLACEMENT COST COVERAGE ENDORSEMENT
In consideration of additional premium, the Limit of Liability provision is amended as follows:
LIMIT OF LIABILITY
The insurance shall extend to the Creditor and Borrower as their interests may appear, and the Company shall be liable
for loss or damage under this Policy as follows:
(1) Partial Loss. The Company's liability shall be the actual cost to repair or the replacement cost of the damaged
items without deduction for depreciation, not to exceed the Initial Amount of Insurance. The Company's liability
shall not exceed, in the aggregate, the Initial Amount of Insurance.
(2) Total Loss. The Company's liability shall be the Initial Amount of Insurance. If the replacement cost of the
damaged Item(s) meets or exceeds the Initial Amount of Insurance, the Company's liability is limited to the Initial
Amount of Insurance.
Upon payment of a total loss or a series of partial losses that cumulatively equal the Initial Amount of Insurance, the
Borrower's Certificate will be cancelled, the premium will be fully earned and the Company's liability ends.
All other terms and conditions remain the same.
BPP-REP
EXTENDED COVERAGE ENDORSEMENT
In consideration of additional premium, coverage for loss or damage will be extended to include the following under Perils
Covered:
Extended Coverage:
1) windstorm, cyclone, tornado or hail;
2) riot, riot attending a strike and civil commotion;
3) explosion;
4) vehicles or aircraft;
5) smoke, except for agricultural smudging or industrial operations;
6) flood, rising waters, tidal wave, high water or overflow, whether driven by wind or not;
7) collapse of building caused by weight of ice, snow or sleet;
6) rupture, cracking, burning or freezing of plumbing, heating or air-conditioning systems or appliances for heating water
for domestic consumption;
9) vandalism or malicious mischief;
10) sinkhole, landslide or mudslide; or
11) stranding or sinking.
The following is added to the Duties When Loss Occurs provision:
In the event of vandalism or malicious mischief, the Borrower must give prompt notice to the police department that
has jurisdiction over the crime.
All other terms and conditions remain the same.
BPP-EXT
030-00057(1-13-02) PA1953
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Case No. 05 t"fL 1 -f
Statement of Intention to Proceed
To the Court:
&AAAfV,,- Lotfthrd ?pyWyftC n n intends to proceed with the above captioned matter.
Print Name _AO G • nw "Sign Name
Date: 1 Attorney for
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
cc, `rr
.• l
r _) ,
it
AMERICAN GENERAL,
Plaintiff
vs.
DONALD SNYDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:NO: 05-4499
JURY TRIAL DEMANDED
STATEMENT OF INTENTION TO PROCEED
TO THE PROTHONOTARY:
Please note that the Plaintiff intends to proceed with the above captioned matter.
Respectfully submitted,
Rominger & Associates
Date:
l
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court I.D. # 206671
Attorney for Plaintiff
AMERICAN GENERAL,
Plaintiff
VS.
DONALD SNYDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:NO: 05-4499
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Intention
to Proceed upon the following by depositing same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed as follows:
Donald Snyder
731 Duval Street
Jacksonville, FL 32218
Respectfully submitted,
ROMINGER & ASSOCIATES
Dated: 10 " ?1 I
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Plaintiff
David -D. Buell
(Prothonotary
Office of the &rothonotary
Cum6errand County, Pennsy[vania
7�yrkS. Sofionage, T5TQ
SoCicitor
Ds- ki krici CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHO NOTARY
One Courthouse Square ® Suite100 ® CarC�sCe, TA ® ('hone 717 240-6195 ® rFati 717 240-6573