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HomeMy WebLinkAbout02-1587IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY BANKS, Plaintiff VS. JANET SMITH, Defendant : CIVIL ACTION -LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pa. ges, you must take action within twenty (20) days after this Complaint and Notice is 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 document, or for any other claim or rellf requested by the Plaintiff. You may lose mone3or 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. NOTICIA Le han demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si used no se defienda, la torte tomara medidas y puede entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association One Courthouse Square Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY BANKS, Plaintiff VS. JANET SMITH, Defendant NO. oa- lC,"7 : CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Community Banks, by and through its attorneys, Steven C. Courtney, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Community Banks, is a financial institution authorized to conduct business in the Commonwealth of Pennsylvania with a principal place of business located at P.O. Box 350, Millersburg, Dauphin County, Pennsylvania, 17061. 2. Defendant, Janet Smith, is an adult individual with a last known address of 195 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant is, and at all relevant times material hereto were, the primary applicant for a loan with Plaintiff. 4. On or about March 3, 2000, Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor vehicle. A true and correct copy of the Application is attached hereto, incorporated herein and marked as Exhibit "A". Document t~: 23000Z 1 5. The loan application submitted by Defendant was approved by Plaintiff and Defendant signed a Motor Vehicle Installment Sales Contract for the purchase of the vehicle. A tree and correct copy of said Contract is attached hereto, incorporated herein and marked as Exhibit "B". 6. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". Defendant made various payments as repayment of the monies borrowed from Plaintiff. 8. On or about July 11, 2001, Plaintiff provided a letter to Defendant stating that the vehicle purchased by Defendant, a 1996 Dodge, serial number 2B4GP4435TR693225, is being considered as a repossession and unless payment in full was made on the outstanding loan balance, the said vehicle would be sold at a public sale on account of the Defendant and Defendant would be still responsible for any resulting deficiency. A true and correct copy of this letter is attached hereto, incorporated herein and marked as Exhibit "C". 9. As a result of Defendant's failure to cure the default in payment, Plaintiffsold for and on account of Defendant said 1996 Dodge, serial number 2B4GP4435TR693225. 10. On October 11,2001, Plaintiff provided a letter to Defendant stating that there was a deficiency balance owed in the amount of $8,034.70. A true and correct copy of the letter is attached hereto, incorporated herein and marked as Exhibit "D". 11. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 12. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. Document #: 230007.1 13. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay ail sums due and owing on Defendant's loan account balance, ail to the damage of Plaintiff. 14. As of February 19, 2002, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Eight Thousand Four Hundred Thirty and 02/100 Dollars ($8,430.02). 15. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge at a rate of 11.99% on the principai loan balance. 16. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit "B", Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 17. Plaintiffhas retained the services of the law fire! ofMetzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts due and owing by Defendant. 18. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Metzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts due from Defendant incident to the within action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 19. The amount of attorney's fees incurred in this matter is the sum of Two Thousand Five Hundred Twenty-Nine and 00/100 Dollars ($2,529.00). 20. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 21. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Community Banks, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Janet Smith, in the amount of Eight Thousand Four Hundred Thirty and 02/100 Dollars ($8,430.02), plus interest, reasonable attorney's fees in the amount of Two Thousand Five Hundred Twenty-Nine and 00/100 Dollars ($2,529.00), the costs of this action, and such other relief as the Court deems just and proper. By: Respectfully submitted, Me~ger, Wickersham, Knauss, Erb, P.C. Harrisburg, Pennsylvania 17110 (717) 238-8187 I.D. # 74669 Attorney for Plaintiff Date: March 20, 2002 VERIFICATION II~I~'rALLM£NT, CR~-.DIT APP'LIC/ NAME ~ DOG AUTO SXLER INC. 1073 HA. ~'BURG PIKEr ~ARLIELEp PA !~1~ (717) 258-'036:~, FAX (717) 258-0330 -- FROM DRIV LIC · PENDENTR I .c-/--77 CD ._..E_"__T AOO.E~,E Cl~ STAT~ ZIP YEARg Cl~ STATE ZiP LANDLORD/MORTGAGE STATE ZIP PREVIOU! EMPLOYER PN~¥1OUE EMPLOYER ADDREEE PREVIOUE EMPLOYER ~,, . -: /, ,-/~,! /.:~ PREVIOUS EMPLOYER ADDREES RELATIVE NAME RELATIVE NAME O~cu PATION CITY OCCUPATION ~IONTH LY INCOME STATE ZIP 1'O YEAR! MONTHLY INCOME ~ L/- ¢?U~/ I~ ~-/ $ /So CiTY ~/~BTATE ZiP FROM YEARS )NONE ~ MONTHLY INCOME :~,:_/- 7 7 :,~ $ STATE ZIP FROM TO, YEARS 9g' ~ CI~ STATE Zip PHONE ~ NAME FRIEND NAME PHONE YRAI~ANE/~IODRL WHEN WAE BANKRUPTCY DIICHARGED? AP P~/~CANT SIGNATURE BEE DOG AUTO ~IAL. KI INC. 107~ HANRIIIURI PIKE, CARL[Ill. ~A 1701~n -/'l ~Y IN~ IAL, ADDREIIE MONTHly INCOME ITAT! FNOM MONTHLy INGOMK * NAM[ Cl~ ST~T[ Z~P CITY eTATI -/2/~ A I' P'I'~CAN! BIIINAT~,JR II -- IANNUAL [ FINANCE PERCENTAGE RATE I CHARGE % $ ~mount Fi amount O, ~.~dJt provided Total of Payments Total Safe P,,~ Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: If you pay off early, you will no( have tn pay a penaBy Late Charge: If a payment is late. you will be charged 2% of the ~ortion of the payment which is late for each month, or pad of a month greater than I0 days. that it remains unpaid. refunds and penalties, his Contracl i ~ ' i 7/?/..:J f/ Name Address Zip Code Name(si Mdress[es) Zip Code(si DE-IN: fogowing vehicle: Year and Make Description Pretence 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 trade-in is fee from lien, Claim, encumbrance or security interest, except as shown in the Itemization d Amount Financed as the 'Lien Payoff." PEftTY INSURANCE: You may choose the person through whom insurance ia obtained against loss or damage to the Vehicle and against lit? arising out of use or ownership o the Vehicle n this Contract, you are pmmioing to insure the Vehicle and keep it insured. 011' INSURANCE IS NOT REQUIRED: Credil Lite Insurance and Credit Disability Insurance are not required to obtain crediL and wdJ ~e provided unless you sign below and agree to pay the additional cost(si. Please read the NOTICE OF PROPOSED CREDIT INSURANCE ~e reverse side. Your msurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance purchased ~e for the term of the credit. g~n& Yen selecl Single Credit Life Insurance, Wbet is your h c~'to $ :,i -' ~ age? Years rfure of Buyer ts be insured for Single Credit Life Insurance tu~s of beth Buyers to be insured for Joint Credit Lite Insurance By ~gnin& you select Single CredB Accident & ~a~lat is your Health Insurance, which co~ $ _ h: / i i age? Years Signature o~ Buyer to be ir~Jmd for Sifl~e Credit Asc~dent & Health Insurance Signatures of both Buyers to be insured tar Joint Credit ~cddent & Nashh Insurance IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS. YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY TrfAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DE.SIT WITH THE ASSIGNEE. This Contract is between Selk~r and Buyer, All d~losures have been made by Sellen Seller CLE: You have agreed to purchase under the terms of this Contract, the following motor vehicle and its extra equipment, which is called .'chitin" in this Contract. ' /U Year and Make Series ~ Style No. CvI. Truck T]).~ Caoacitv ~ Number :. I~d :,r~"AT. ~ P.S. ~ AM.FM Stereo -- 5 Spd. Other ~'~C. ~P.W, '/,~AM.EM Tape ___ Vinyl Top ;NEE: We may assign this Contract and Security Agreement to a sales finance company which is the ~Assignee.' If the Assignee assigns )ntfect to s subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all dims end benefits of the in thio Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when Seller makes an assignment. COMMUNITY BANKS, N.A. 150 Market Square, Millemburg, PenAsylvania 17061 payments of S .:: ": GNER: Any parson signing the Co-Signer's Agreement below promisesseparatsty sud together with all co-Signer(a) and Buyer(si, repay each, and a final paymenl of ~e due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. . The first g#ER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and payment will be due on , ;; : : er with all Co-Owner(s) and Buyer(aL to perform all agreements in the Security Agreement and all other parts of this Contract except the . and then paymenis ise to Pay" section. will be due nn Ihat same day of each monlh Si The terms shown in the boxes above are part of this ContracL followmg. SE i'0 PAY: You agree to pay us the Total Sale Price o the Vehicle by making the Cash SECURITY AGREEMENT To secure the paymenl of all sums due and Ihe performance of all ~ylnelt and assigning the Trade.in, il shown aheve, on or before the da e o this ConbacL and required obligations under this Contract you give a securit interns in h ds . - , _ Y t e Vehicle, in all mi the Amount Fmanced plus interest. You promise to make payments fLaccordanee with the pa (celled aeeeSSlOee') attached o the Veh Cie at any Islet lime, and in any proceeds of ~f Se, hedbe. You Promise to make payments on or before the same day o each month ss ~e the Vehicle, inctud fig nsurance proceeds. The Assignee may sol-off any amounts due and ~Atra~cl~ ).date. You a~ree to ~ay all other amounts which may become due under the tones unpaid undui' the Contract against any of your money on deposit with Assignee. This includes suy money which is now or may in the future be deposded with Assignee by you, ~ c ee agree ID pay the Seller or Assmgnee costs of suiL You also agree to pay Assignee may do tins without any prior notice to you. :be attorneys' fees ff Seller or Assignee hires an attorney o CO est amounts due under this ADDITIONAL TERMS AND CONOITIONS TN S CONTRACT CONTINUES ON THE REVERSE t et ts Prstect or get possessicn of the Vehicle. you agree to make payments at the piece o~ to SIDE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THF Itemization of Amount Financed Cash Price $ Cash Downpayment ~; Lien Fee ~ To $ ,wlmnts to the address which the Assignee most recendy specifies in the written nolke to you. FRONT ANO REVERSE SIDES. below, we agree to sell the Vehicle to you under the terms of this Conlract NOTICE TO BUYER--DO NOT SIGN THIS CONTRACT IN BLANK YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. K'EEP IT TO PROTECT YJ)UR LEGAL RIGHTS. a ' ,lability arising out of use or ownersh p o he Vehicle. In this Contract. you are promising to iosore the Vehicle and keep it insured. :REDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Disability Insurance are no equ red to obtain credit, and wilt Lien Payoff tn: not be provided unless you sign below and agree to pay the additional cost{s), Please read the NOTICE OF PROPOSED CREDIT INSURANCE $ ~ ':; , 3n the reverse side. Your insurance certificate or policy will thJI you the MAXIMUM amount of insurance available. All insurance purchased Unpaid Cash Price I~a[ance will be for the term of the credit. . $ By signing, you select Single Credit Life Insurance, What is your which costs $ '..' t~ age? Years Signature of Buyer to be insured fo~ Single Credit Life Insurance By signing, you bolh select Joint Whal are Credit Life Insurance, which costs $ your ages? ~[antures nt bolh Buyers to be insured for Joint Credd Lile Insurance By signing, you select Single Credit Accident & What is your Health Insurance. which costs $ : ! age? Years Signature of B;Jyer to be in~ured for Sing~ Credit Accident & Health Insurance By signing` you beth select J~nt Credit ~ What are Percentage Acc~dent&Healthlnsurance. whichcosts$ ' yourages? lobe Signatures of both Buyers to be insured for Joint Credit Accident & Hea~ Insurance VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called :he 'Vehicle" in this Contract. N/U Year and d~aEt Series Bodv Style No. Cvg Truck Ton Caoecitv Serial Number ~euip~d ~[T.~ P.S. ~AM.FM Stereo ~SSpd. Other adh ~C. ~P.W. ~AM-FM Tape ~ Vinyl Top Lien Fee Tn To To Amount Financed Finance Charge $ Total of Payments(Time Balance) ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If the Assignee assigns · he Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the essignmenL all rights and benefits ol the Payment Schedule - You agree to pay ~eller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when fo us the Amount Financed plus interest in ind if Seller makes an assignment. COMMUNITY BANKS, N.A. 150 Market Square, Millersburg, Pennsylvania 17061 ,av~o~,~s of S : - ":' ?O-SIGNER: Any person signing the Co. Signer's Agreement below promises separately and ogether w h a I Co-S gner(sJ and Buye {si. o pay $ . The first dl sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of tho Vehicle. :O-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and paymenl will be due on ;: ,~, ' 2 :} ogether with all Co-Owner{s) and Buyeris). to perform all agreements in the Security Agreement and all ether parts of this Contract except the . and then payments TERMS: The tenllS shown in the boxes above are pad of this Contract. {ollowing PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making ifle Cash SECURITY AGREEMENT: To secure the paymen of all sums due and the performance of a )msnPaYment and assigning tee Trade.la. if shown above, on or before tbe date of this contTacC and required obligaUons under this Cofltrect, you give a security interest in the Vehicle. in ale saYml[ ~ tbe Amount Fhancnd pies intemsL You promise to make payments ilLaccordanue with the paris (called 'accessions') attached to the Vehicle at any laler time. and in any proceeds of ~ayment Schedule. Y~ p~omise to make payments on or before the same day ~ each month as the the Vehicle, inciudine insurance proceeds The Ass ghee may sol.cfr any amounts due and unpaid under this Contract agalns any of your money on depost with Assignee. This i~ payment due date. You agree to pay ali other amounts which may become due under the terms includes any morley which is now or may in the future be deposded with Assignee by you. this Contract. You agree to pay the Seller or Assignee costs of suiL You also siren to pay Assignee ma~ do th~s without an:/prior notice te you. essmsabts attorneys* tees if Seller or Assignee hires an attorney to collect amounts due under this ADDITIONAL TERMS AND CONDITIONS: TH~S CONTRACT CONTINUES ON THE REVERSE learact or to protect or get possession d the Vehicle. you agree to make payments at the piece or to SLOE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE end payments te the address which the Assignee most recently speedies in the wriben notice to you. FRONT kNO REVERSE SIDES. ]y signing below, we agree to sell the Vehicle to you under the terms of this ContracL SELLER ~,ii{i} D-,iii _ :~ ,~ E. :~. 1:~ Oate NOTICE TO BUYER--DO NOT SIGN THIS CONTRACT {N BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO CO-SIGNER: YOU SI{OULD 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 al% sums duc on thi~ Contract and to perform alreements in this Contracl. You intend to be legally bound by all the terms of this ConlraCt, separately and together, with thc Buyer. You are making this promise to induct us to make this Comracl 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 Ibc Buyer or exercised our security interest. ,You also acknowledge receiving a completed copy of this Contract, (SEAl .) Co-Signer's Signature Address Date (sEAt) Co-Signer~J Signature Addrcss Date :O-OWNER'S SECURITY AGREEMENT: You, Iht person signing below as "~}o-Owner," together with the Buyer or otherwise being all o{ thc O'~'ners of the Vchick (SEAL) lUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT ~T.T. HE TIME OFSI(;NIN, G.. L~ BUYER CO-SIGNER CO-SIGNER OR CO-OWNER 4, APPLICATION OF PAYMENTS: We will apply paymeots in Ihe following order of priority: 'first to interest; and then to I~te charges, fees, principal and any other amounts you owe in f 5. PREPAYMENT: You may prepay, rn iud or in part, the amounf owed off thru Contract at any time without penalty H you prepay the Contracl in pad. you agree to continue to make 6. WAIVERS. a. WAIVER BY SELLER AND ASSIGNEE: ',Ye and Assignee waive the right to treat any propady as security for the repayment of th*s Connect, except for Ihe Vehicle and the other b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on or before they are due without our having 1o ask. I! you don'L we may enforce our rights without notifying you in advance. You give up any right you may have to require that we enforce our rights against some other person or property before we enforce our rights against You waive due diligence in collection and alt defenses based on suretyship and impairment of collateral or security, 7. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this Contract shall continue to accrue on the unpaid balance until paid in fulC even after maturity led/or after we get a judgment againsl you for the amounts due. This will apply even it the maturity occurs because of acceleration, n at any lime interest as provided for in this paragraph is not permiltad by law, interest shall accrue at the highest rate allowed by app[icable ~w beginning at that time. 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other than us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees necessary for us to obtain and maintain our security interest in the Vehicle. You will assist us in having our security inlerest noted on lhe Certificate of Title ts the Vehicle. You will not sbll or Bye away the Vehicle. If someone puts a hen on the Vehicle, you will pay the oblipticn and clear the iron. B. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in ~ condition and repair. You will pay all loxes and charges on the Vehicle. You will pay ali costs of maintaining the Vehicle. You will not abuse the Vehicle or permit anything Io he done to tho Vehicle which wilt reduce its value, other than for normni wear and use. You will not use the Vehicle advance. 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, theft and cnil~sion unhl all sums due us are paid in fulL The insurance coverage must he seUstaotory to us and protect your interests and our interests at the time of any insured loss. The insurance must name us as"loss.payee" on the palicy, The insurance must be wftnen by an insurance Company qualified to do business in Pennsylvania and licensed th sell insurance in the state where the Vehicle is permanently garaged. The insurance poticy must provide us with at least ]0 days' prior wr~len nniice bl any cancellaben or.reduction in coverage. On request, you shall deliver the dniicy or other evidence of insurance coverage to us. In the event Of any foss or damage to the Vehicle, you wil~ immediately notify us in writing and file a proof of loss with the insurer, We may file a proof bl icss on your behalf if you fail or refuse bl feasible and you are not then in default under this Contract. Otherwise, we will apply the insurance proceeds to reduce the unpaid balance due us. !i. DUe RIGHTS IE YOU RREAK YOUR PROMISES AeOUT THE SECURITY INTEREST. VEHICLE OR INSURARCE: If you fail to keen your promises 1o pay bling fees, taxes, liens or the costs necessary to keep the Vehicle in good condition and repair, we may advance any money you promised to pay. If you fail Io keep your promises about required insurance, we may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the choice of whether or not Io advance any money for these purposes. Such insurance will be limited to on amount not greater than you owe on this CofltrecL THE INSURANCE WE PURCHASE MAY 8[ SIORIFICANThY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PURCHASE YOURSELF. We will add any money we advance on your behalf to the heleflce on which we impose Finance Charges at the Annual Percentage Rate of Ihis Contract. You agree to repay the without losing any rights, Contracb is still owed to us. 1§. HEIRS AND PERSONAL REPRESENTATIVES BOUN n: After your death, this Contract shall ]8. ASSIGNMENT BY BUYER: Buyer shall not assign this ContracL ]9. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND EITNESS FOR A PARTICULAR PURPOSE, UNLESS WE RAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER ENTERS INTO A SERVtCE CONTRACT WITH BUYER WtTHIN 90 DAYS FROM THE DATE OF THIS CONTRACT, Buye s Gu de W ndow St cker. If the Car which s descr bed on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal Trade Commission Used Car Trade Regulation RoPe, the following notice applies: The information you see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any contrary provisions in the contract of sale. NOTICE--ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE Tho si~ner(s) Of this Contract hereby take[s) notice that Group Credit Life Insuranc~ c~verlge or Group Credit Accident and Disability Insurance coverage will be appdcable to this Contract if se marked on the front ot this ContreeL and each such type of Coverage wig b~ written by the th-scrance company named. This insurance, Sublect to acceptance by the insurer, c~vers only the person or parsons signing the request for such blourance. The Imollot Of charge ts indicatad for each ypa o Credd Insu afire o be pu chased Tbe term of insurance will commence as of the date the indebtedness is incurred and wgl expire on the oH~inni scheduled maturity date of the indebtedness. Subject to acceptance by the insurer led within SO days, there will he delivered to the insured debtor[s) a certificate of insurance more tully describine the insurance. In lhe event of prepayment of the indebtedness, o refund of insurance charges will be made when due. NOTICE: SEE OTHER SlO~ FOR IMPORTANT INFORMATION. THE PROVISIOff BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE 8UYER AND SELLER. ASSIGNMENT To induce you, the "Assignee" idenblnid on the face of this Contract or as Inflows` (Name) bl purchase the within Contract. the Seller hereby warrants and represents, and continues to warl'ant and represent that: the sale has been made m slrict coMormily with all applicable federal, state and local Jaws and regulafions, including, but not limded to, Article 2 of the Pennsylvania Uniform CommercioI Code (] 3 Pa. C.S.A §§2 tot el seq); our title to the Contract and the Vehicle covered Ihefeby is absolute, tree of all lions, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract ts genuine, the t, igeltm es thereon ale not forgeries, arose Irom the sale of the Vehicle therein described, and all parties thereto are of full a~e and had capac,tv In cn~lracl; the description of the Vehicle ? INTEREST AFTER MATURITY'AND JUDOME~/T: Interest'at the rate ~d in this and/or aner we get a judgment against you tot tile amounts due. This will apply even it the paragraph is not permitted by law. interest shall accrue al the highest rate allowed by apphcable law beginning at that Uae B. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other hah us to obtain a security interest or olher rights in the Vehicle. You will pay all filing tees in having our security interest noted on the Cerhflcale of Title lo the Vehicle. You will not sell 9. YOUR PROMISES AROUT THE VEHICLE: You w*ll keep Ihe Vehicle in good condition and repair. You will pay ale taxes and charges on the Vehicle You will pay all costs of mainlaining the Vehicle. You wig not abuse the Vehicle or pored anything to he done to the Vehicle which the front of this Contract Io a new permane,~ place of garaging without notifying us in lO. YOUR PROMISES ABOUT INSURANCE: You will keen the Vehicle insured against fire. event of any loss or damage to the Vehicle. you will immedialely notify us in wdticg and file a proof of loss with the insurer. We may file a proof of loss on your behalf if you tail or refuse to leasible and you are not then in default under Ibis Contract. Otherwise, we wilt apply the fi. OUR eIGHTS IF YOU BREAK YOUR PROMISES AeOUT THE SECURITY INTEREST, VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, faxes, gens or money you promised to pay. If you tail to keep your promises about required insurance, we may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the choice of whether or not to advance any money for these purposes. Such insurance will be limited to an amount not stealer than you owe on this Contract THE INSURANCE WE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PURCHASE YOURSELF. We will add any money we advance on your behaN to lhe balance on which we impose Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay the 19. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER THIS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal Trade Commission Used Car Trade Regulation Rule, the following notice applies: The information you see on the window form for this Vehicle is part of thin Contract. Information on the window form overrides any contrary provisions in the contract of sale. NOTICE--ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOT CE DP PROPOSED CREOIT INSURANCE The sianer(s o this Contract hereby take(s] notice that Group Credit Life Insurance coverage or Group Credit Accident and Disability Insurance coverage win be applicable to this Contract if sc marked on the front of th s Contract, and each such type of coverage will be written by the insurance company named. This insurance, subiecl fo acceptance by the insurer covers only the person o persons signing the request or such insurance. The amount of charge is indicated for each type of Credit Insurance to be purchased. The term Of insurance win commence as of the da e he indebtedness s ncurrnd and wa ex,re on the original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days, there will he delivered to the insured debtor(s] a certificate of nsurance more fully desorib~ng the insurance. In the event of prepaymenl of the indebtedness, e refund Of insurance charges will be made when due. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTAgLMERT SALE CONTRACT eEYWEEN THE eUYER AND SELLER· ASSIGNMENT To induce you, the "Assignee" identified on the face of this Contract or as tollows. (Name) to purchase the within ContracL the Seller hereby warrants and represents, end continues to warrant and represent that: the sale has been made in strict conformity with all eppliceMe federal, state and local laws and regulations, including, but not limited to, Articta 2 of the Pennsylvania Uniform Commercial Cede if3 Pa. C.S.A §§2 lOl et seq); our title to the Contract and the Vehicle covered thereby is absolute, free of all liens, encumbrances and sscudty interests, and is subisct only to the ~ights of the Buyer as sol forth therein; the Contract is genuine, the ~netorns thereon are not targedes, arose from the sale of the Vehicle therein described, and ag parties thereto are of full age and had capacity to contract; the description of the Vehicle arid ext~l equipment is completo and correct; the cash downpayment and/or trede-in allowance were actually received and fid part thereof consisted of notes, posl-dated checks, other credit advanced by us fo Buyer or rebates or siimisr payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); alt warranties end statements therein are true; there is owing thereon the Amount Financed piuc interest at the Annual Percentage Rate of the Contract set todh therein; we are duly I~censed under the Peflnsyhraflii Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-in-Lending Act and with any other federal or date law, rule or regulation applicable to this Contract; a motor vehicle title certificate show~ng a lien er encumbrance in favor of Assignee has been or will be applied for p,.ompRy; the registration of the Vehicle has not been suspended and the Seller knows of no facts which may result in the suspension of said re£~slration under the Pennsylvania Motor Vehicle Financial Responsibility Act; the Buyer(s) named in the within Contract is (are) personaPy known to the Seller to be the same identical person(s) whose signature(s) is (are) affixed to this Contract and Seller has no knowledge of facts impairing the validity or value of the Contract. If any such warranbes Or representations should he breached at any time. Seller shall repurchase said Contract lrom Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as sol forth below, and said remedy shall be cumulative and not escInsive, and shall not affect any other right or remedy that Assignee might have at law or in equiiy against Seger. In the event that Buyer fails or reluses to make any payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as represented to the Buyer by Seller, or that Seger refuses to honor any warranty or service agreement of Seller Qr manufacturer, Seller agrees thai, on being advised by Assignee of such claim of Buyer. Seller will repurchase the Contract from Assignee and pay Assignee tot same immediately in accordance with the repurchase te~ms set fodh below, and Seller further agrees to hold Assignee harmless NDe any other claims of Buyer, including attorneys' fees, cns-ts led expenses incurred in defending against claims asserted by Buyer and including claims for refund of payments made by Buyer to Assignee If the Seller contracts to purchase property insurance on behalf pi the Buyer. and that msurance is cancelled by the insurance company pricf to its scheduled expiration date. Seller will attempt to place comparable COVe¢l~e with inelher insurance company on behalf of Ihe Buyer. I( Seher is unabio to do so, Seller will notify Buyer and pay to Buyer any additional cosls incurred by the Buyer in obtoifling For vlioe received, Seller hereby sells, assigns and transfers unto the Assignee, its scccessors and assigns, the within Contract, all moneys due and to become due thereunder, and ail fight, tide end interest in and to the Vehicle therein described, with top power in the Assignee in its or our name to take such legal or olher ad,on which we mighl have taken save for this As.~gflment Unless Seher marks either of Ibe endorsements below, titled "WITH FULL RECOURSE" or '~VITH REPURCHASE," SegeKs assignment shoP, except for the proiosions of the peragriph hued "A.ss~gnment," be withoul recourse. rq WITH EULL RECOURSE--Seller agrees that. in addition to the paragraph above fitleq "Ass semen ." iff he event of default by Buyer in the full payment on Ihe due date thereof of any tnetolmcof payable under the Contract o ' e prompl performance pi any other ' ation to be podormed under the Contract by Buyer. S er . on demand by Assignee. forthwith repur'dme,con ac romAssign.f~aseprice, incash, com.,:~abev,.. ., l.l:,~'°n~ whi_h.h_ll_n,:leAssi.neeto C] WITH REPURCHASE--Seller agre~J~r~MIl~ition 1o the provisions of~l~p~mlqleabove titled "kss,g ...... ' ,n tn, event OT jl~Ve[hicl;~ to~r~;~:i;l: ;; urchaSse the .I[II,Y I1~ 2001 Commu_,lty Banks., N.^. .lanct Smith 195 Big Spring Terrace Ncwvillc. PA. 17241 YOt! Ale. I( HI'~RI'~BY NOTIFIED TtlE FOI,IX)WIN(i VEHICI.I~: [Oq6l)odgc VIN:2[~4GP4435TR693225 Financed lbr you under an installment contract dated. 03/03/00. has been repossessed by or for us in exercise of our rights as holders ot'the said contract. The vehicle is currently stored at COOPERS MOTORS INC. 985 YORK ST. HANOVER. PA. 17331-3498. If you wish to redeem your vehicle you have (15) days to do so and will be required to pay the amount of $10,991.94. This is the amount required to redeem your vehicle as oF 07/26/01. plus any storage fees accrued. If you do not redeem the vehicle within said fifteen(I 5) days we will sell it and apply the proceeds first to any costs and expenses incurred tbr the sale of the vehicle and then to the outstanding balance of your loan. You will be responsible for any deficiency remaining on your loan plus contractual interest. This sale may take place at either public or private sale. To obtain the sale date please contact our collections dept. at 896-4019. CURRENT AMOUNT DUE: $10,491.94 RF, PO.TOWING/REPAIR FEE: $ 275.0(I STORAGE FEE: (10.00/day) $ 225.00 I'OTAL AMOUNT TO REDEEM: $10,991.94 07/2 SINCI:]{t(I_Y. Kathy M. t:crraro COIA~IZ(_'TI()NS AGENT 896-4019 OR 800-ool-836_ [ShE hOh5 5~00 P.O. Box350 ° Millersburg, PA 17061 ' Phone 1-800-331-8362 OOhE bh0L OCTOBER 1 I. 2001 Community Banks, N.A. TO: Janet Smith 195 Big Spring Terrace Newville Pa 17241 RE: 1996 Dodge Caravan lnstalhnent Loan: 3-45800217 Oo ok Dear Customer: You are hereby notilied that the above named vehicle, repossessed by or for Community Banks, N.A. on, 7/11/01, has been sold. The date of the sale was 9/20/01, and it provided gross proceeds of $2,700.00 After paying expcnses of the sale we applied the balance of the proceeds to your loan. There is presently a deficiency balance of $8,034.70 remaining. You have (3) days from date of receipt of this letter to contact our collection department to make arrangements for repayment of this amount, if you fail m contact us and successfully work out a repayment arrangement? we will have no choice but to pursue other legal means of repayment. I have included an itemizatiori of the application of sale proceeds below lbr your convenience. Sincerely, 7099 3400 fl01~ 2073 9453 Jill Benner Credit & Collections 896-4019 (717) Account Balance $10,236.70 Plus: Sale Costs $ 249.00 Net Payoff $10,485.70 Less: Proceeds from Sale $ 2,451.00 Deficiency Balance: $ 8,034.70 cc: File P.O. Box 350 · Millersburg, PA 17061 o- PliOne SHERIFF'S RETURN - NOT FOUND CAgE NO: 2002-01587 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMUNITY BkNKS VS SMITH JAiqET R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SMITH JANET unable to locate Her COMPLAINT & NOTICE in his bailiwick. but was He therefore returns the the within named DEFENDANT , SMITH JANET 195 BIG SPRING TERRACE IS VACANT. , NOT FOUND , as to FORWARDING OF 28 LURGAN AVE SHIPPENSBURG. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 So answe .~ -]~: ---- j/ P~. '~homas Kline Sheriff of Cumberland County METZGER WICKERSHAM 04/29/2002 Sworn and subscribed to before me this ~--~ day of ~u~ ~ A.D. Prgt~onotary ~ ' SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2002-01587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMUNITY BANKS VS SMITH JANET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SMITH JANET but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 29th , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 6.00 9.00 10.00 38.96 .00 63.96 04/29/2002 METZGER WICKERSHAM SO answe~sr -~ ~ ' jj~/ Rd. ~homa~s Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~-~ day of ~ ~2_ A.D. ! ! Prothonotary SERVE: Return this form to C~nberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Co're,unity Banks VS. Janet Smith Janet Smith No. 02 1587 civil NOW, April 5, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin Courlty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon , at o'clock M. served the by handing to ~,~ a*,~' and made known to ~ copy of the original the contents thereof. So answers, County, PA COSTS Sworn aml subscribed befor, e SERVICE m~oftq ?$p,o~~ , 2 0_...O ;.. I notarial Sea, AFFIDAVIi MII.EAGE ' . Patricia A. Stdne, Notary Public C~hambersb~ffg Boro. Franklin County My C~mm'~sslon Expires Nov. 4, 2004 SHERIFF' S RETURN - REGULAR CRSE NO: 2002-01587 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN COMMUNITY BANKS VS SMITH JANET JOHN E STRINE , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SMITH JANET the , at 0930:00 Hour, on the llth day of April at 28 LURGAN AVENUE SHIPPENSBURG, PA 17257 by handing to JANET SMITH a true and attested copy of NOTICE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 Mileage 6.96 38.96 So Answers: CUMBERLAND COUNTY SHERIFF Sworn and Subscribed to before y t~ / ~ day of Notarial Seal Patricia A. Stdne, Notary Public Chambersburg Fjoro Fran~lill Coullty fv~y C~m,'~ission Exl~res Nov. 4, 2004 1N THE COURT OF COMMON PLEAS OF CLrMBI~J.~ND COUNTY, PENNSYLVANIA COMMUNITY BANKS, Plaintiff VS. JANET SMITH, Defendant : NO. 02-1587 : CIVIL ACTION- LAW PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defadant, Janet Smith, for want of ANSWER TO COMPLAINT. (x) Assess damages as follows: Debt ......................................................... $8,430.02 Interest from April 2, 2002 ~ 6% .......... Sto be determined Attorney's Commissior~ .............................. $2,529.00 Filing costs- ................................................ Sro be determined TOTAL ......................................................~ plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certifythat a copy of this praecipc has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. attached. L / ATE: ( X ) Pursuant to Pa.R.C.P. 237. I, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is Steven C .~(~ol~e~?E squ~r~ / 3211 N. Front Street, Box 5300"x,-~ Harrisburg, PA 17110 Telephone: (717) 238-8187 ,2002, JUDGMEN~fS ENT_T_T~ ~RED A~ AI~O~. Prothon/p~ary/Clerk, City~ l~t''~ j Deputy Document #: 234750.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY BANKS, Plaintiff VS. JANET SMITH, Defendant NO. CIVIL ACTION -LAW TO: JANET SMITH 28 Lurgan Avenue Shippensburg, PA 17257 DATE OF NOTICE: May 8, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHTN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service Cumberland County Bar Association One Courthouse Square Carlisle, PA 17013 ~ (717) 249-~ BY: S~~. Coulm~;, Esq~u~e METZGER WICKERSHAM 3211 N. Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 238-8187 I.D. # 74669 Attorney for Plaintiff Document #: 233685.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY BANKS, Plaintiff VS. JANET SMITH, Defendant TO: Janet Smith, Defendant You are hereby notified that on NO. 02-1587 CIVIL ACTION - LAW the following (Judgment) has been entered against you in the above captioned case for your failure to file an answer to the complaint. A Judgment in the total amount of $10.959.02 plus costs and interest is hereby entered. DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this v~ce is: Janet Smith 28 Lurgan Avenue Shippensburg, PA 17257 A: Janet Smith, Defendido/a (Defendidos/as) Por este medio se le esta notificando que el de del , el/la siguiente (©r~en) (Degre'.o) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direction es la del defendido/a segun indicada en el certificado de residencia: Janet Smith 28 Lurgan Avenue Shippensburg, PA 17257 Document #: 234750.1 Curt Long Prothonotary OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY Telephone: (717) 240-6195 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA Plaintiff.' COMMUNITY BANKS versus Defendant: JANET SMITH Judgment No. 02-1587 CERTIFICATE OF RESIDENCE PA. R. C. P. 236 I, hereby certify that the precise residence of Plaintiff is: Community Banks P.O. Box 350 Millersburg, PA 17070 and certify that the last known address of the within defendant is: Janet Smith 287 Lurgan Avenue Shippensburg, PA 17257 3211 N. Front Street Harrisburg, PA 17110 (717)238-8187 Attorney for the Plaintiff Attorney ID# 74669 Document #.- 234750.1