HomeMy WebLinkAbout06-2410COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff : No. Q(a - ?4l (? (26U C'
vs.
EDWARD G. SCHWALM
Defendant
CIVIL ACTION
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS
SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20)
DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AMATO AND ASSOCIAT P.C.
By:
onald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. Q? _ Z y/o
VS.
EDWARD G. SCHWALM
Defendant(s)
CIVIL ACTION
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover the sum
of $16,094.42, with interest thereon as hereinafter stated, upon the following cause of action:
1. The Plaintiff, SOVEREIGN BANK is located at 1130 Berkshire Blvd.
Wyomissing PA 19610.
2. The Defendant, EDWARD G. SCHWALM is located at 117 Kim Acres
Drive, MECHANICSBURG PA 17055.
3. At the special instance and request of the Defendant, Frederick Dodge Honda,
entered into a Pennsylvania Motor Vehicle Installment Sales Contract for the purchase of an
automobile a true and correct copy of the contract is attached hereto, made a part hereof and
marked Exhibit "A".
4. For value received, Frederick Dodge Honda assigned, transferred and set over
to Waypoint Bank all its rights, title and interest in this claim.
5. By virtue of said assignment, Waypoint Bank acquired legal title to said
Account, and became the legal holder of the claim against the Defendant.
6. For value received, Waypoint Bank assigned, transferred and set over to
Plaintiff all its rights, title and interest in this claim.
7. By virtue of said assignment, Plaintiff acquired legal title to said Account, and
became the legal holder of the claim against the Defendant.
8. Defendant has not adhered to the agreed repayment obligations that govern the
aforesaid contract, by reason of which Defendant is in default thereof.
9. The total amount which became due as a result thereof, after allowance for all
proper credits for payments and/or adjustments, if any, was $11,622.89.
10. Plaintiff is entitled to receive interest on the above amount determined by
applying the agreed interest rate of 7.89 % per annum to the past due balance. As of April 20,
2006 the total amount of interest due to plaintiff is $1,914.49.
11. Plaintiff is entitled to have the 7.89% interest charge continue to accrue as set
forth above, from April 20, 2006 on down to the date of judgment in this matter.
12. In accordance with the aforesaid agreement, Defendant further agreed to pay
Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which
total $2,557.04.
13. The Plaintiff has made demand against the Defendant for the aforesaid sum, but
Defendant failed or refused to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against the Defendant for $16,094.42
together with the continually accruing interest charge at the agreed rate of 7.89 % per annum from
April 20, 2006, and cost of suit.
COUNT II
Alternative to Count I - Unjust Enrichment
14. Plaintiff incorporates the allegations of every paragraph enumerated above of
this Complaint as if said paragraphs were fully set forth here at length.
15. The goods, wares, merchandise, and/or services, described in the exhibits
attached hereto were purchased by Defendant, and Defendant received and accepted the benefit
of such goods, wares, merchandise, and/or services provided by Plaintiff.
16. At all times material hereto, Defendant was aware that Plaintiff was providing
the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff
expected to be paid for such.
17. At all times material hereto, Defendant, with the aforesaid knowledge,
permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services,
and to incur damages.
18. At all times material hereto, Defendant was unjustly enriched by retaining the
benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff
fair and reasonable compensation.
19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's
expense, an implied contract exists between Plaintiff and Defendant, and Defendant is
obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares,
merchandise, and/or services described in the exhibits attached hereto, in the amount of
$11,622.89.
WHEREFORE, Plaintiff demands judgment against Defendant for $11,622.89
together with the continually accruing interest charge at the statutory rate of 6.00% per annum
from April 20, 2006, costs of suit and all other relief to which Plaintiff may be justly entitled.
AMATO AND ASSOCIATES, P.C.
By:
4le-
'llonald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
PA 23-SLC (R6. 4/00)
PENNSYLVANIA
MOTOR VEHICLE IN!
SIMPLE INTEREST
ENT SALE CONTRACT
Dated
ANNUAL FINANCE Amount Financed . Total of Payments Total Sale Price
PERCENTAGE RATE CHARGE'. The amount of credit provided The amount you will have paid after you The total cost of your purchase on
The cost of your credit as The dollar amount the to you or on your behalf, have made all scheduled payments. credit, including your downpayment
a yearly rate. credit will cost you. of $ 10134. 13
7.85 5. 15 EG5?2. ;7 31-487,3,, 34572.05
$ $ $
Your Pavment Schedule will her
No. of Payments Amount of Payments When Payments Are Due
2 $ u??C S. 11 Monthly, beginning ? fidf2
Security: You are giving a security interest in the motor vehicle being
purchased.
Prepayment: If you pay off early, you will not have to pay a penalty.
Filing Fees: $ 5; . G0
Late Charge: If a payment is late, you will be charged 2°% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains. unpaid.
See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment
refunds and penalties. a means estimate
In this Contract
we are F'L£H°E'R'sCH 'J(;Gtar t-irTsv;Ttfi 32*,nri9 E.AS? ?ri;='+q'.(st,1T. 3t1c. i?fi?.r25fTEY Pli 17Rrs3
the SELLER.
You are EDWARD 0 S+v:iWAE_M 2245 C;ANTERF4JiY HRe'VE MEL`}-tANTCSFujRta T-A I??155
the BUYER(S).
Name(s) Address(es) Zip Code(s)
If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract
(ou have traded in 2000 D tDCL C+.Ji?3attiG0 SL-T`
!ou have
he following vehicle:
Year and Make Description
I a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that
ny trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "Lien Payoff."
'ROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against
ability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured.
REDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are riot required to obtain
redit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT
JSURANCE on the reverse Side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance
urchased will be for the term of the credit.
y signing, you select Single Credit Life Insurance, What is your + By signing, you select Single Credit Accident & What is your
hich costs $ t""" age?, Years I Health Insurance, which costs $ NIP age? _ Years
li gnature of Buyer to be insured for Single Credit Life Insurance I Signature of Buyer to be insured for Single Credit Accident& Health Insurance
signing, you both select Joint Nip What are By signing you both select Joint Credit What are Percentage
edit Life insurance, which costs $ Accident & Health Insurance, which costs -4
YH v your ages? $ your ages. to be
insured
t. %
2. %
natures of both Buyers to be insured for Joint Credit Life Insurance Signatures of both Buyers to be insured for Joint
Credit Accident & Health Insurance
4ICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called
"Vehicle" in this Contract:
N/II Ymr and Mafia Codm sndv cbAn Idn r,a T..._,. T__U.
F ?, ExHieir??
IF YOU DO NOT MEET YOUR CONTRACT
OBLIGATIONS, YOU MAY LOSE THE MOTOR
VEHICLE AND PROPERTY THAT YOU
BOUGHT WITH THIS CONTRACT, AND/OR
MONEY ON DEPOSIT WITH THE ASSIGNEE.
This Contract is between Seller and Buyer. All
disclosures have been 'made .by Seller. Seller
intends to assign this ConUactto the Assignee.
Itemization of Amount Financed
Cash Pric(122670000
Cash Downpa%rt
00
+
Trade-In
Value of Trraalullse. 0,0
$ WAYPCIiNT BAN
Lien Payofjto'
Unpaid Ca h is Bala ce
e
?
e
$ 1
, s
To Credit Insurance Company
$ NtiA
To Public Officials for.
d License, Tags and Registration
$ 48,50
Lien Fee
$ 5.00
m To St V! L I i
o $ 495.00
o To t t
$ 5`J, 00
o To
$ N A
a To 6 ;i R X
$ 02.79
r,i3`{ ` t' Ni.iL4 ° E ":sty EX
Equipped = A.T. _ P.S. -AM-FM Stereo _ 5 Spill. Other_
with _ A.C. P.W. AM-FM Tape _ Vinyl Top
ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." It the Assignee assigns
the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the
Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when
and if Seller makes an assignment.
'Tl.rtl2 %` ;T :ftiix s, J;r Ntttl S ,.,"f d.Stf3 , 4tufi ;:rG? r ruei'U°`rr.,'?si43 17105
CO-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Sjgner(s) and Buyer(s), to pay
all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle.
CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and
together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the
"Promise to Pay" section.
TERMS: The terms shown in the boxes above are part of this Contract.
PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash
Downpayment and assigning the Trade-In, if shown above, on or before the date of this Contract, and
paying us the Amount Financed plus interest. You promise to make payments in accordance with the
Payment Schedule. You promise to make payments on or before the same day of each month as the
first payment due date. You agree to pay all other amounts which may become due under the terms
of this Contract. You agree to pay the Seller or Assignee costs of suit. You also agree to pay
reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this
Contractor to protect or get possession of the Vehicle. You agree to make payments at the place or to
send payments to the address which the Assignee most recently specifies in the written notice to you.
By signing below, we agree to sell the Vehicle to you underthe terms of this Contract
SELLER FREDERICK /DODGE HONDP
By.
cr ?, tZ_.d), '11 7
Finance Charge
G_ %S. 35
Total of Payments (Time Balance)
e s'4o7. 92
Payment Schedule - You agree to pay
to us the Amount Financed plus interest in
= a
payments of $ 465,11
each, and a final payment of
- ba. 1 i . The first
payment will be due on FiPtR 11ZLh
29,0212 , and then payments
will be due on that same day of each month
following.
SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all
required obligations under this Contract, you give a security interest in the Vehicle, in all
parts (called accessions") attached to the Vehicle at any later time, and in any proceeds of
the Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and
unppaid under this Contract against any of your money on deposit with Assignee. This
me odes any money which is now or may in the future be deposited with Assignee by you.
Assignee may do this without any prior notice to you.
ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE
SIDE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON THE
FRONT AND REVERSE SIDES.
NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE
ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO
PROTECT?JiY?UUR LEGAL RI HTS. I
91
^..C-1' at T (SEAL) fY}I f.fk/c0i2.
BUYER f/t+
Date
01/24/20ZE BUYER
Date
(SEAL)
Date
CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE
SIGNING THE CO-SIGNERS AGREEMENT.
CO-SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all
agreements in this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to
induce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have
made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract.
(SEAL)
Co-Signer's Signature Address Date
(SEAL)
Co-Signer's Signature Address Date
CO-OWNERS SECURITY AGREEMENT: You, the person signing below as "CO-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle,
give us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the
"Promise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due
on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle.
Co-Owner's
Dale
BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT
ATYF,,TIME OF NI . !,y
BUWC'R ' ]+/BUYER CO-SIGNER CO-SIGNER OR CO-OWNER
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
BANCONSUMER FORM PA 23SLC (Rev. 4/00) ® 2000 BANCONSUMER SERVICE, INC.
s:
COPY
ADDITIONAL TERMS AND CONDITIONS
1. HOW THE TOTAL OF `r AYMENTS IS COMPUTED: The Total of Payments is the sum of the
Amount Financed and the Finance Charge. The Finance Charge consists solely of interest
computed daily on the outstanding balance of the Amount Financed. The Finance Charge
shown on the front side has been computed on the assumption that we will receive all
payments on their scheduled due dates.
2. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding
balance subject to interest on each day of the loan term. The daily interest rate is equal to the
Annual Percentage Rate divided by the number of days in that calendar year. Buyer agrees
that because interest is calculated on a daily basis, late payments will result in additional
interest (and, if applicable, a late charge). Early payments will result in less interest being
charged. Early and/or late payments will cause the amount of the final paymentto change.
3. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10
days attar its due date. The late charge will be 2% per month on the unpaid amount of the
payment. We will consider any part of a month in excess of 10 days to be a full month. The
late charge will be due when earned. No late charge will be due if the reason that the
payment is late is because, after default, the entire outstanding balance on this Contract is
due. No late charge will be due if the only reason that the payment is late is because of a late
charge assessed on an earlier payment.
4. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority:
first to interest; and then to late charges, fees, principal and any other amounts you owe in
the order that we choose.
5. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any
time without penalty. If you prepay the Contract in part, you agree to continue to make
regularly scheduled payments until you pay all amounts due under this Contract. This will
reduce the number of payments you will make.
6. WAIVERS.
a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any
property as security for the repayment of this Contract, except for the Vehicle and the other
security specificaNy mentioned in this Contract
b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on
or before they are due without our having to ask. If you don't, 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. You agree that we may give up our rights against some other person but not against you.
You waive due diligence in collection and all 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 full, even after maturity
and/or after we get a judgment against you for the amounts due. This will apply even if the
maturity occurs because of acceleration. If at any time interest as provided for in this
paragraph is not permitted bylaw, interest shall accrue at the highest rate allowed by
applicable law 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 interest noted on the Certificate of Title to the Vehicle. You will not sell
or give away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and
clear the lien.
9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and
repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining
the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which
will reduce its value, other than for normal wear and use. You will not use the Vehicle for
illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on
the front of this Contract to a new permanent place of garaging without notifying us in
advance.
10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire,
theft and collisiop until all sums due us are paid in full. The insurance coverage must be
satisfactory 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 policy. The insurance must be written by
an insurance company qualified to do business in Pennsylvania and licensed to sell insurance
in the state where the Vehicle is permanently garaged. The insurance policy must provide us
with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On
request, you shall deliver the policy or other evidence of insurance coverage to us. In the
event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a
proof of loss with the insurer.
a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the
Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you
agree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any
of them ("we") may file a proof of loss with the insurance company, in your name and acting
as your agent, with respect to the insured claim. You agree that you do not have the right to
and will not revoke the power you have given us to file a proof of loss. You agree that we may
exercise this power for our benefit and not for your benefit, except as provided in this
Contract and by law.
b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee,
any subsequent assignee, or an authorized employee of any of them ("we") may endorse your
name, acting as your agent, to any check, draft or other instrument we receive in payment of
an insured loss or return of insurance premiums. You agree that you do not have the right to
may advance money to obtain insurance to cover loss or damage to the Vehice. We have the
choice of whether or not to advance any money for these purposes. Such insurance will be
limited to an amount not greater 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 behalf to the balance on which we impose
Finance Charges at the Annual Percentage Rate of this Contract. You agree to repay the
money advanced as we alone may specify: (iI immediately on demand, or (ii) along with your
monthly payments. If we choose to allow you to repay the money advanced along with your
monthly payments, we can choose the amount of these payments and how long you have to
repay. If any of our rights stated in this paragraph are not permitted by law, we still have the
other rights mentioned. Our payments on your behalf will not cure your failure to perform
your promises in this Contract.
12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner, or any one
of them. You will be in "Default" of the Contract if any one or more of the following things
happen:
a. You do not make any payment on or before it is due; or
b. You do not keep any promise you made in this Contract; or
c. You do not keep any promise you made in another Contract, Note, Loan or Agreement
with Seller or Assignee; or
d. You made any untrue statement in the credit application for this Contract; or
e. You committed any forgery in connection with this Contract; or
I. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court
with jurisdiction to do so to be incapacitated; or
g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or
insolvency proceedings against you; or
h. You take the Vehicle outside the United States or Canada without our written consent; or
i, You use the Vehicle or allow someone else to use it in a way that causes it not to be
covered by your insurance; or
j. You do something that causes the Vehicle to be subject to confiscation by government
authorities; or
k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not
fixed or found within a reasonable time; or
1. Another creditor tries to take the Vehicle or your money on deposit with Assignee by
legal process.
13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of this
Contract, we may enforce our rights according to law. We may also do the things specifically
mentioned in this Contract We may do one of these things and at the same time or later do
another. Some of the things we may do are the following:
a. ACCELERATION: We can demand that you pay to us the entire unpaid balance awing
on the Contract and all unpaid Finance Charges and other money due. You agree that you will
pay this money to us in one single payment immediately upon receiving our demand.
b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do
this ourselves, have a qualified person do it for us, or have a government official (by replevin)
do it for us. You agree that we can peaceably come on to your property to do this. We may
take any other things found in the Vehicle, but will return these things to you if you ask. If you
want these things back, you agree to ask us in a letter sent to us by certified mail within 24
hours. If you do not send us this letter, you give up any claim to these things. You agree that
we may use your license plates in repossessing the Vehicle and taking it to a place for storage.
c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably
convenient place. You agree to give us the Vehicle if we ask.
d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract
without losing any rights.
14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess
without using a government official (by replevin):
a. NOTICE: We will send you a Notice of Repossession to your last address we know about
This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right to
reinstate the Contract. This means you will have to pay the total balance on the Contract and
other amounts due. You may not get the Vehicle back by paying delinquent installments. This
Notice will tell you other information required by law.
b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of
the mailing of the Notice and at any later time before we sell the Vehicle. If you do not
redeem, you give up all claim to the Vehicle.
c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be
used to pay costs and expenses you owe, and then to pay the amount you owe on the
Contract
d. SURPLUS OR DEFICIENCY: It there is money left, we will pay it to the Buyer. If there is
not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what
is still owed to us.
e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for
sale and selling the Vehicle as may be allowed by law. These costs will only be due if:
1, Default exceeds fifteen (15) days at the time of repossession;
2. The amount of costs are actual, necessary and reasonable; and
3. We can prove the costs were paid.
i S UPI DC ANA Pr P9ANAI PPPRFSGNTATIVrS RAI IN n- Aftar vnnr death. this Contract shall
Ae ma; exercise tills power for our benefit and not for your benefit, except as provided in this
Contract and by law,
c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair or
replace the Vehicle if; If our opinion, it is economically feasible and you are not then in
default of this Contract Otherwise, we will apply the insurance proceeds to reduce the unpaid
balance due us. Afterthe balance due us is paid, any excess will belong to you.
11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST,
VEHICLE OR INSURANCE: It you fail to keep your promises to pay filing 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 to keep your promises about required insurance, we
gm,uV?w neu m..
according to the law of Pennsylvania.
16. GOVERNING LAW: This Contract is to be interpreted
17. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become
illegal, void or unenforceable, that part shall not be a part of this Contract.
18. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract.
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
ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF
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 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
The signer(s) of this Contract hereby take(s) notice that Group Credit Life insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable to this
Contract if so marked on the front of this Contract, and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the
insurer, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit Insurance to he purchased. The term of
insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer
and within 30 days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a
refund of insurance charges will be made when due.
NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION.
BANCONSNMER FORM PA 23 SLC IRev. 4/00)
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the borrower does not pay the debt, you will
have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or
collection costs, which increase this amount.
The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same
collection methods against you that can be used against the borrower, such as suing you, etc. If this debt is ever in default, that
fact may become a part of your credit record.
This notice is not the contract that makes you liable for the debt.
BANCONSUMER FORM 66 (5;85)
Any Co-Signer must receive and read a copy of this detachable notice before becoming obligated to this Contract.
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the borrower does not pay the debt, you will
have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or
collection costs, which increase this amount.
The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same
collection methods against you that can be used against the borrower, such as suing you, etc. If this debt is ever in default, that
fact may become a part of your credit record.
This notice is not the contract that makes you liable for the debt.
BANCONSUMER FORM 66 (5/85)
Any Co-Signer must receive and read a copy of this detachable notice before becoming obligated to this Contract.
VERIFICATION
I L d4w/
jj-e? hereby states that the
undersigned is a Legal Specialist for Sovereign Bank, Plaintiff in this action and verifies
that the statements made in the attached Complaint are true and correct to the best of the
undersigned's knowledge, information and belief. The undersigned understands that the
statements herein are made subject to the penalties of 18 PA C. S, 4904 relating to
unswom falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. 06-2410 Civil
VS.
EDWARD G. SCHWALM
Defendant
CIVIL ACTION
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly enter judgment by default for want of an answer in favor of Plaintiff and against
the above-named defendant(s) only and assess damages as follows:
Debt 616,094.42
Interest (from April 20, 2006 to June 6, 2006
at 7.89° per annum) 100.59
Payments
Total
616,195.01
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.
Pursuant to RCP 237.1, 1 certify that a copy of the annexed written notice(s) of intention to
file this praecipe was mailed or delivered to all parties against whom judgment is to be entered
and to their attorney of record, if any, after the default occurred, and at least ten days prior
to the date of filing of this praecipe. Please note that said notice was mailed to all parties on
May 24, 2006.
Dated: 2006
AMATO AND ASSOCIATES, P.C.
By:
onald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
2060382
?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. 06-2410 Civil
VS.
EDWARD G. SCHWALM
Defendant
CIVIL ACTION
CERTIFICATION OF ADDRESSES
I do certify that the precise last known address of the within named plaintiff is:
1130 Berkshire Boulevard
Wyomissing PA 19610
I do certify that the precise last known address of the within named defendant is:
117 Kim Acres Drive
MECHANICSBURG PA 17055
AMATO AND ASSOCIATES, P.C.
By:
/Ifionald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff : No. 06-2410 Civil
VS.
EDWARD G. SCHWALM
Defendant(s)
TO: Edward G. Schwalm
117 Kim Acres Drive
MECHANICSBURG PA 17055
Date of Notice: May 24, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AMATO AND ASSOCIATES, P.C.
By:
Ronald Amato, Es 9V Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. 06-2410 Civil
VS.
EDWARD G. SCHWALM
Defendant(s)
CIVIL ACTION
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF NORTHAMPTON
The undersigned, being duly sworn, according to law, deposes and says that the
above Defendant(s) is/are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act of 2003;
That Edward G. Schwalm is over 18 years of age, resides at 117 Kim Acres Drive,
MECHANICSBURG PA 17055 and is employed;
Sworn to and subscribed
before me this Ql'? day
of'3j f 2006 A.D.
---
NOTAR'Yj PUBL
NOTARIAL 5l11L
BtEOPPREY O BCNOEIIlCK
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff
VS.
EDWARD G. SCHWALM
Defendant
No. 06-2410 Civil
CIVIL ACTION
NOTICE OF JUDGMENT
(XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MATTER HAS BEEN ENTERED AGAINST THE A ROVE-NAMED DEFENDANT(s)
IN THE AMOUNT OF $16,195.01 /24kON JGc,vE- , 2006.
( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF
CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN
JUDGMENT IS/ARE ENCLOSED.
PROTHO OTARY - CUBERL COUNTY
.S/ ?? k
If you have any questions concerning the above, please co act the under igned.
AMATO AND ASSOCIATES, P.C.
By:
Ronald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-02410 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK
VS
SCHWALM EDWARD G
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SCHWALM EDWARD G the
DEFENDANT , at 0947:00 HOURS, on the 3rd day of May 2006
at 117 KIM ACRES DRIVE
MECHANICSBURG, PA 17055
EDWARD SCHWALM
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
y /0
So Answers:
18.00
9.68
?J?y rr? -s
.00
10.00 R. Thomas Kline
.00
37.68 05/04/2006
AMATO & ASSOCIATES
Sworn and Subscribed to before By:
me this day of
A. D.
Prothonotary
f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff
VS.
EDWARD G. SCHWALM
1(7 Ki rn Acres Arie
McChoaniCsburg. PA 17055
Defendant(s)
: No. 06-2410 Civil
PRAECIPE FOR WRIT
EXECUTION
(MONEY JUDGMENT)
To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE
MATTER.
(1) Directed to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the
following described property of the defendant(s) All cash on hand or in the possession of the
defendant(s), accounts receivables, furniture, furnishings, equipment inventory, tools
vehicles, electronic equipment, any and all other personal property belonging to the above-
named defendant(s).
(2) against EDWARD G. SCHWALM, Defendant(s)
(3) and against ........................................Garnishee(s)
(4) and index this writ
(a) against .................................. Defendant(s) and
(b) against .......................................Garnishee(s)
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows: (Specifically describe the property)
(5) Amount Due $ 16,195.01
Statutory Interest
From June 13, 2006 $ 1,784.20
Less Payment $ 0.00
Costs $
Poundage $
Total $ 17,979.21
AMATO AND ASSOCIATES, P.C.
By:
Date:April 9, 2008
Ron to
Attorney I.D. No. 32323
Attorney File#: 2060382 Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. 06-2410 Civil
VS.
EDWARD G. SCHWALM
Defendant(s)
CIVIL ACTION
CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE
do certify that the precise last known address of the within named defendant(s) is
the address provided below, and request that the Sheriff serve the above named defendant(s)
at:
117 Kim Acres Drive
MECHANICSBURG PA 17055
AMATO AND ASSOCIATES, P.C.
By:
Dated:Ar)ril 9, 2008
Ronal ato
Attorney I.D. No. 32323
Attorneys for Plaintiff
Attorney File #:2060382
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2410 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s)
From EDWARD G. SCHWALM, 117 Kim Acres Drive, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the
possession of the defendant, accounts receivables, furniture, furnishings, equipment, inventory,
tools, vehicles, electronic equipment, any and all other personal property belonging to the
above-named defendant..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $16,195.01
L.L. $.50
Interest - statutory interest from 6/13/06 - $1,784.20
Atty's Comm % Due Prothy $2.00
Atty Paid $128.68
Plaintiff Paid
Date: 4/17/08
(Seal)
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: AMATO AND ASSOCIATES, P.C.
107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 32323
Other Costs
s tirt R. Long, Prothonotary
By:
Deputy
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff s Costs:
Docketing $
Poundage
Advertising
Law Library
Prothonotary
Milage
Surcharge
Levy
Post Pone Sale
Garnishee
Postage
TOTAL $
Advance Costs: 150.00
Sheriff s Costs: 72.93
18.00 77.07
1.43
.50
2.00 Refunded to Atty on 05/06/08
11.00
20.00
20.00
Q
1
72.93 ? 5/l3/6 Z So Answers;
heri
R. Thomas Kline, ff
By_ 0
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JM3HS 3€j
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aoPgrV
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2410 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s)
From EDWARD G. SCHWALM, 117 Kim Acres Drive, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the
possession of the defendant, accounts receivables, furniture, furnishings, equipment, inventory,
tools, vehicles, electronic equipment, any and all other personal property belonging to the
above-named defendant..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $16,195.01
L.L. $.50
Interest - statutory interest from 6/13/06 - $1,784.20
Atty's Comm % Due Prothy $2.00
Atty Paid $128.68
Plaintiff Paid
Other Costs
Date: 4/17/08
(Seal)
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: AMATO AND ASSOCIATES, P.C.
107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
By:
Deputy
Telephone: 610-866-0400
Supreme Court ID No. 32323