HomeMy WebLinkAbout06-3596a1
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. 0L -3S9(' oac'- -nl
Vs.
ROBERT HAHN
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 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
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff
No. Ole
vs.
ROBERT HAHN
Defendant(s)
CIVIL ACTION
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover the
sum of $13,104.94, 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, ROBERT HAHN is located at 2120 Waggoners Gap Road,
CARLISLE PA 17013.
3. At the special instance and request of the Defendant, Bob Ruth Ford, Inc.,
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, Bob Ruth Ford, Inc. 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 $9,538.23.
10. Plaintiff is entitled to receive interest on the above amount determined by
applying the agreed interest rate of 8.99% per annum to the past due balance. As of June 16,
2006 the total amount of interest due to plaintiff is $1,468.30.
11. Plaintiff is entitled to have the 8.99% interest charge continue to accrue as set
forth above, from June 16, 2006 on down to the date of judgment in this matter.
12. In accordance with the aforesaid agreement, Defendant further agreed to pay
Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which
total $2,098.41.
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 $13,104.94 together
with the continually accruing interest charge at the agreed rate of 8.99 % per annum from June 16,
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 ug antum meruit value of the value of the goods, wares, merchandise, and/or
services described in the exhibits attached hereto, in the amount of $9,538.23.
WHEREFORE, Plaintiff demands judgment against Defendant for $9,538.23 together
with the continually accruing interest charge at the statutory rate of 6.00% per annum from
June 16, 2006, costs of suit and all other relief to which Plaintiff may be justly entitled.
AMATO AND ASSOCIATES, P.C.
By:
Ronald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
VERIFICATION
PIC-AW ?I far A+U , hereby states that he/she is the L- 8L S&C- ALj6a of
(3AAIL , Plaintiff in this action, and verifies that
the statements made in the attached Complaint are true and correct to the best of his/her
knowledge, information and belief. The undersigned understands that the statements herein
are made subject to the penalties of 18 PA C.S, 44904 relating to unsworn falsification to
authorities.
So ?&/
? ")'? 14,
P)rAA&O 6d,\Ir AO )-hNAL 5 fic-) l/6y
EXHIBIT "A"
(Rev.d/ooij, SIMPLE-INTEgE$T
E'4NSTALLMENTSALE CONTRACT, Dated flr,?21 faZ
ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price
PERCENTAGE RATE CHUGE The amount of credit provided The amount you willhave 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 costyou. - of $
-
'
i7?7i5
9?3
8.99 % $ •4482.60 $ 1794 . 0 $ 72421. Ail $ 00
Your Payment Schedule will be., Secut!*-: You are ivin a securit interest in the motor vehicle being
No. of Payments Amount of Payments When Payments Are Due
E Monthly, beginning
E NIA I
. g g y
purchased.
Prepayment: If you pay off early, you will not have to pay a penalty.
Filing Fees: $ 5.00 -
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 beioy. and any gther Contract Qocumentsiffor, any ddibopo information :dbg0 npnpayfnept, defaultgny rSggaed; repaymen,( in uil before.fhe ac¢eduler4rdate;and prepayment
refunds.and penalties. means estimate
In this Contract
we are
the SELLER.. BOB
You are
the BUl
If there is more than one
TRADE-IN:
You have traded in
the following vehicle:
Y
If a balance is still owing
any tradLiin is free from Ii
each
and Make
he vehicle you have traded
claim, encumbrance or sect
u may choose the person
700 MR RTE 15 NORTH `tjj
DILLSOURG, PA 27 01
Address Zip: o
N ORANGE ST CART i?u F Pet 17013
Address(es) ? ZipCode(sj
and together, to pay all sums due us and to perform all agret'ments in this Contract.
f
aAIM AM tr_nMr•ntnrnnr i ?
Seller will pay
liability arising out of use or ownership of the Vehicle. In this Contract, you are I
CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Ai
credit, and will not be provided unless you sign below and agree to pay the
INSURANCE on the reverse side. Your insurance certificate or policy will tell
purchased will be for the term of the credit.
ET YOUR CONTRACT
AY LOSE THE MOTOR
IPERTY THAT YOU,'
CONTaACT,AND/OR
NITH THE ASSIGNEE.
n Seller and Buyer. All
made by Seller. Seller
/ehyou warrant and represent to us that Trade-In
nt Financed as We 'Lien PapoK,' Value of Trade-in
rived again oss or damage to the Vehicle and against $ 4000 00.
to insure tI(e Vehicle and keep R insured.
Health (Disability) Insurance are not required to obtain Lien Payoff to : PROVIDENT
I cost(s). Please read the NOTICE OF PROPOSED CREDIT $ 3520.00
MAXIMUM amount of insurance available. All insurance Unpaid Cash Price-galafe
By signing, you select Single Credit Life Insurance, What is your
A'
H By signing, you select Single Credit Acm an at is your To Credit Insurance Company
which costs$
/
age? Years Health insurance which costs$ N/A age? -Years a $ NIA
.... _ _.! - - }r ..., _,.:;` : R.::-...Y ?.,..,,:;.:Y-'M -.?..a.';'.?.. k '....? it b ?': _ ;?„„,. -• °$ofublm-0fPtcralsvfor::._ ..:...
Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident& HeM Insurance License, Tags an d Registration
By signing
you both select Joint By signing you bath select Joint Credit W E $ 36..50
,
N/A What are
Credit Ufe Insurance
which costs $ hatare Percentage
which costs $ MIA
Accident& Health Insurance Lien Fee
,
your ages? ,
your ages? to be
,,.. insured A $.
t. i. % m To
o $ NIA
2.
---
To
Signature bot yers to be insured for Joint Credit Life Insurance
ifp(
Signatures of both Buyers to be insured for Joint .
N/A
Credit Accident& health Insurance d $
E To
Insurer: $ 40,00
VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which. is called a To
the "Vehicle" in this Contract - 3.. NIA
Ye _fa and Make A Body %k No Cyl, Trucker Gapacit S is Nu e Amount Financed
-_ _
44at . 60
Equipped _ A.T. P.S. _- AM FM Stereo _ 5 Spd Other $
with A C P W AJat•EM Tape Vinyl ToD - "' - -: Total of Payment ta (Time Balance) -
ASSIGNEE. We' may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If the Asslg a assigns $ 224?:• 80
the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment,all rights and benits of the Payment Schedule - You agree to pay
Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The.Assignee will notify ri, when to us the Amount Financed plbs interest in
and if Seller makes an assignment. " 59
3 1,
WAY.P00 BALt!(!G 44 d Ei• t "Air Sjvd F'enhS, ytvania, 17114 payments of $ 3- -
. , - ? - '+ s :fkiatnisbltT9e
,, each, 'and a final payment of
CO-SIGNER: Any person signing the Co-Signer's Agreement below promisesseparately 2nd together with aILCa$igner(s) and 8uyes), to pay $373.73 . The first
all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. - payment will he due orD7 /06/03
CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle, and agrees separlately and and then payments
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. will be due on that same day of each month
TERMS: The terms shown in the boxes above are part of this Contract. following. -
PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all
Downpaymerd and assigning the Trade-In, if shown above, on or before the date of this Contract, and required obligations under this Contract, Yau give a security interest in the Vehicle, in all
paying us the Amount Financed plus interest. You promise to make payments in accordance with the paHS (called accessions")attached to the Vehicleat any later time, and in any'proceeds of
Payment Schedule. You promise to make payments on or before the same day of each month as the the Vehicle, includingg insurance proceeds. The Assigneemay set-off any amounts due and
first payment duedate. Youagree topa other amounts which ma become due under the terms unppaid underthis Contract against anyof your money on depnsif with Assignee. Tnis
of this Contract. You agree pay the. all Seller or Assignee costs of suit. You also agree to pa inc(gdes any money which is nywpor may.in the future be deposited with Assignee by you.
Y Assi nee ma do this wdhout an rior notice to you.
reasonable attorneys' fees it Seller or Assignee hires an attorney to collect amounts due under this ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CON INUESON THE REVERSE
Contract or to protect or gel possession of the Vehicle. You agree to make payments at the place or to -SIDE. YOU ARE OBLIGATED TO ALC THE TERMS OF THE CONTRACT WHICH APPEAR ON THE
send payments to the address which the Assignee most recently specifies in the written notice to you. FRONT AND REVERSE SIDES.
By signinQelow, we agree to sell the Vehicle to you under the terms of this Contract. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK, YOU ARE
ENTITLED TO AN EXACT COPY THE CONTRACT YOU SIGN. KEEP IT TO
PROTECT YOURLEGQL RIGHT .
BOB RUTH FORD, INC, S/21/03
,SELLER BUYER ' (SEA Date
It 1 Y1 05/21/03
BY: _ s 1^ 11 Date BUYER (SEAL) Date
G6-SIGNER: YOU SHOULD RE, D THE NOTAIC_FTOQ )t kYSdiflL fi9fS HEEAI GIVEN TO«Y4YyTF N-4ffffitR'A-'TE 9AeVMENr'BEFORE"
SifIN'INCTEfE'CO-'3tG1YER'S':T'F.A'fR1V
CO-SIGNERS 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-signe' ature 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.
9:•.` (SEAL)
y' Co-Owner's Signature Address Date
BUUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT
AT THE TIME ?IG#-
BUYER '" BUYER CO-SIGNER CO-SIGNER OR CO-OWNER
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION'
BANCONSUMER fORM PA 23-SLC In". 41001 ORIGINAL. Whits - DEALER COPY. Canary • BORROWER'S/fA-SIGNER'S CDPY -Pink -COPY - Goldenrod ,
J - ..rte. , "... ..? _. .. .. . ... .
ADDITIONAL TERMS AND CONDITIONS
1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the
Amount Finamed-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 ate 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 after 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 Contact 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:
fiat 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
AVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on
e they are due without our having to ask. If you don't, we may enforce our rights
notifying you in advance. You give up any right you may have.to require that we
our rights against some other person or property before we enforce our rights against
i agree that we may give up our rights against some other person but not against you.
ve due diligence in collection and all defenses based on suretyship and impairment of
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 by law, interest shall accrue at the highest rate allowed by
applicable law beginning althattime.
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 collision 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"I 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 Vehicle. We have the
choice of whether or not to advance any money for these purposes. Such ipsuance 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: @ immediately on demand, or (jj) 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, Go-Signer and Co-Owner, or any one
of them. You will be in "Default" of the Contract it 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
it. You made any untrue statement in the credit application for this Contract; or
e. You committed any forgeryin 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 owing
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 ff 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 wilt 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 awe, and then to pay the amount you owe on the
Contract
d. SURPLUS OR DEFICIENCY: If 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 it.
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.
15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After Your death, this Contract shall
we may exermse tms power for our Denetit ano not for your Dement, except as provmeo in tins
Coptmct and 6y `law.
c. USE OF PROCLEDS: We may apply any insurance proceeds we receive to repair or
replace thg Vehicle if, in 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. After the 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: If 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
...........,,,.....,,_.....,..... ..?......... ,........._.. ,...._........
16. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania.
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.
30. 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 be 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.
SANOONSUMER FORM PA 23 SIX (Rev. 4/00)
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15
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff : No. 06-3596 Civil
VS.
ROBERT HAHN
CIVIL ACTION
Defendant
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 $13,104.94
Interest (from June 16, 2006 to August 22, 2006
at 8.99% per annum) 192.64';
Payments
Total $13,297.58
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
August 8, 2006.
Dated: 2006
AMATO AND ASSOC ES, P.C.
By: /I _-_
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
2061194
• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff : No. 06-3596 Civil
VS.
ROBERT HAHN
CIVIL ACTION
Defendant
CERTIFICATION OF
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:
2120 Waggoners Gap Road
Carlisle PA 17013
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
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff : No. 06-3596 Civil
VS.
ROBERT HAHN
CIVIL ACTION
Defendant(s)
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 Robert Hahn is over 18 years of age, resides at 2120 Waggoners Gap Road,
Carlisle PA 17013 and is employed;
Sworn to and subscribed
before me this J5 day
of Aw 5 2006 A.D.
NOTARY\RUBLIC
NOTARIAL SEAL
OEOPFREY O SCHOENECK
Nopry Public
HANOVER TOWNSHIR NORTHAMPTON CNTY
MY Ceaasleebn Expires Mar 28, 2008
• COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff No. 06-3596 Civil
VS.
ROBERT HAHN
Defendant(s)
TO: Robert Hahn
2120 Waggoners Gap Road
Carlisle PA 17013
Date of Notice: August 8, 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, E,j., 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
44
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff
VS.
ROBERT HAHN
Defendant
No. 06-3596 Civil
CIVIL ACTION
NOTICE OF JUDGMENT
(XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MATTER HAS BEEN ENTERED AGAINST THEE-NAMED DEFENDANT(S)
IN THE AMOUNT OF $13,297.58 ON b , 2006.
( 1 A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF
CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN
JUDGMENT IS/ARE ENCLOSED.
PROTHONOTARY - CUMBERLAND COUNTY
If you have any questions concerning the above, please contact the undersigned.
AMATO AND ASSOCIATES, P.C.
By: 01 00?o
onald ato, 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: 2006-03596 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK
VS
HAHN ROBERT
CPL TIMOTHY REITZ
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HAHN ROBERT
the
DEFENDANT , at 1954:00 HOURS, on the 18th day of July 2006
at 2120 WAGGONERS GAP ROAD
CARLISLE, PA 17013
ROBERT KAHN
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: So Answers:
Docketing 18.00
Service 13.20
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
41.20,] 07/20/2006
AMATO AND ASSOCIATES
Sworn and Subscibed to By:
before me this day Dep y Sheri;
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ti CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff : No. 06-3596 Civil
VS.
ROBERT HAHN
PRAECIPE FOR WRIT
EXECUTION
(MONEY JUDGMENT)
Defendant(s)
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 ROBERT HAHN, 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 $ 13,297.58
Statutory Interest
From September 6, 2006 $ 40.89
Less Payment $ 0.00
Costs $
Poundage $
Total $ 13,338.47
AMATO AND ASSOCIATES, P.C.
By:
Date:September 28, 2006
Ronald Amato
Attorney I.D. No. 32323
Attorney File#: 2061 194 Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ti - CIVIL ACTION - LAW
SOVEREIGN BANK
Plaintiff
VS.
ROBERT HAHN
Defendant(s)
No. 06-3596 Civil
CIVIL ACTION
CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE
I 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:
2120 Waggoners Gap Road
Carlisle PA 17013
AMATO AND ASSOCIATES, P.C.
By: "11-14"
Dated:September 28, 2006
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
Attorney File #:2061194
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3596 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s)
From ROBERT HAHN, 2120 WAGGONERS GAP ROAD, CARLISLE, PA 17013
(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(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) 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 $13,297.58
Interest FROM 9/6/06 - $40.89
Atty's Comm %
Atty Paid $123.20
Plaintiff Paid
Date: OCTOBER 19, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
aA_f_ir7_1
C is R. Long,,Fr6 notary
By:
Deputy
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: 107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 32323
R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
?Cun??Pr?aRONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
Carlisle, Pennsylvania 17013 n
OFFICE OF THE SHERIFF
One Courthouse Square
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2/12/07
Sovereign Bank i.
Vs
Robert Hahn
-c
Writ No. 2006-3596 Civil Term
Property Claim Determination
Dear Sir,
Reference is made to Property Claim dated February 2, 2007, entered
by Robert Hahn, pertaining to Writ of Execution No. 2006-3596 Civil Term,
Sovereign Bank -vs- Robert Hahn.
R. Thomas Kline, Sheriff, has determined that the claimant, Robert Hahn
in the above mentioned property claim, is the owner of the property set forth therein.
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Thomas R. Kline, Sheriff
0 A 4,,
By
cc
Ronald Amato, Atty for Pltff
Robert Hahn, Deft.
Robert Hahn, Claimant
. PROPERTY Cw
AM
Jp Qter IN ` Bir
obec- A OX
2.%2-0 W 4 o r 6 oqD
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 0(*-3--
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY VALUE
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Date 07- 2
State of Pennsvlva 'z
Claimant .
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County of Cumberland
0 b-04 ?fh n being duly swom ac din to law, epos and says that the
above list in the property claim are correct and true.
Swomm,and subscribed to before me
Tday of'=Lb rv ax" L? Claimant
Notary
Notarial Seal
Brooke A. Binger, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Aug. 11, 2010
..,..,,,tie. onnnculuania Association of Notaries
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
illillillillillllllll11111111111000?- c VC,
'?ftve (Al 4,tm
V ?,UE
LIST OF PR?PEKTY ? so
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Lave Seat Tables
CoffeelEud
Lo
Wsc F13rr,.iture
pictures will,
Rugs
5 5
Television/RCA hr,N
DVD . Machine 1r`
Ariswerin?
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff s Costs: Advance Costs: 150.00
Sheriff's Costs 65.18
Docketing 18.00 84.82
Poundage 1.28
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 09/ 11 /07
Mileage 4.40
Misc.
Surcharge 20.00 `-'-
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL 65.18 ? Rlzvlb ? So Answ
R. Thomas Kline, Sheriff
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/ q45 4
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3596 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s)
From ROBERT HAHN, 2120 WAGGONERS GAP ROAD, CARLISLE, PA 17013
(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(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) 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 sub ¢ct to attachm ut is found in the possession
of anyone outer than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is e*in'bd as above shed.
Amount Due $134297.58
L.L. $.50
Interest FROM 9/6106 - $40.89
Atty's Comm %
Arty Paid $123.20
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: OCTOBER 19, 2006
(Seal)
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: 107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
c6vit.
Curtis . Long, Pro otary
By:
Deputy
Telephone: 6104WA-0400
Supreme Court ID No. 32323