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HomeMy WebLinkAbout09-28-06 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No. 21-06-474 (") ~o .::-- :0 CD-o OJ ;::r: (") _"J l> r- r;L;93 .c.'~. C/) A CJC) 0 (")0., QC ; ::rJ :-0-; )> f"o.,) c::> c::> C7' U) r'1 -0 N OJ ESTATE OF JOHN V. SHOEMAKER, III -0 ::J:: N .. .:J:J -XJ III ITIC) (~ C=:> (;.J :=p) -'''1 ,~ L~ r'T' .-~.JO C) C) -n ." f~~ i.j)C) -n o +' NOTICE OF CLAIM BY SOVEREIGN BANK FILED PURSUANT TO 20 PA.CONS.STAT. ~ 3532(B)(2) To the Clerk of the Orphans' Court: Enter the claim of Sovereign Bank in the amount of $12,512.17, against the above entitled estate. The decedent, resided at 1 Shoemaker Lane, Mechanicsburg, Pennsylvania 17050. Written notice of said claim was given to Robert Fisher, Executor for the Estate of John V. Shoemaker, III at 6 Johns Drive, Mechanicsburg, Pennsylvania 17050. The basis for this claim is as follows: Decedent defaulted on Pennsylvania Motor Vehicle Installment Sale Contract, and attached is a true and correct copy of Decedent's Installment Sale Contract taken from Sovereign Bank records, and marked as Exhibit "A", which is incorporated herein by reference. AMATO AND ASSOCIATES, P.C. By: ~. I Ronald Amato Attorney J.D. No. 32323 Attorneys for Claimant 107 North Commerce Way Bethlehem P A 18017 (610) 866-0400 l7' PENNSYtyANIA MOTOR VltHIC[~ ~NSTAllMENT SALE CONTRACT, 10/05/2005 Dated . . .., Amount Financed Total of Payments Total Sale Price ANNtJAL " FINANCE PERCENTAGE RATE. CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase Qn The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit in~~~O yom1ownpayment a yearly rate. credit will cost you. of $ . . . 9.19 % $ 4861.84 $ 15961.28 $ 208?3. 12 $ 23823.12 Your Payment Schedule will be: Security: You are giving a security interest in the motor vehicle being No. 01 Payments Amount of Payments. When Payments Are Due purchased. , /I. $ ZH~.tl Monthly, beginning H/UlI I ZUU:J Prepayment: If you payoff early, you will not have to pay a -penalty. $ N/A Filing Fees: $ :J.UU Late Charge: If a payment is not paid within 10 days after its due date, you will be Charged 2% of the portion of the payment that is late for each month, or part of a month greaterthan 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 schedl!led date and prepayment , refunds and penalties. e means estimate IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR 6714-20 CARLISLE PIKE. MECHANICSBlIRG PAVEtltnl€O\ND PROPERTY THAT YOU . BOlfGftiWITH 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 i'ntends to assign this Contract to the Assigne~~ . Zip Coders) . ItemiZation of Amount Financed Cash Price (jncludinll ootional service contract and/or warranti~ (t'?the 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 amount oJ4' A paid to ' N / A & sales tax of $ cas; Prif7 489 . 00 cas; DOw~&dljn.t 00 Trade-In Value otTrade-ln N I A $ N/A lien Payoff to: $ N/H Unpaid Caa~.Pli~e B11~,!nce $ 1. 4l:1~ . UU o tional De~ ~re8fjon (GAP} In this Contract ~~~:LLER. CUMBERLAND VALLEY MOTORS Name Address Zip Code CUMBERLAND JOHN V SHOEMAKER II I 1 SHOEMAKER LN ME~~~ICSBURG f'A 17050 ihoeu:~~ER(S).PORTIAA LIB~RATOR 170 E ~.E.NN STREET CARLISL.E PA~}J013 Narne(s) Address(es)' CUMBERLAND . County CUM~fRLAND TRADE-IN: You have traded in the following vehicle: Year and Make Description If a balance is still owing on the vehicle you have traded in, the Seller will payoff this amount on your behalf. You warrant and represent to us that any trade.in is free from lien, claim, encumbrance or security interest except as shown in the "Itemization of Amount Financed" as the "Lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract you are promising to insure the Vehicle and keep it insured. PEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and agreement page, which is part of this Contract This agreement will apply during the entire term of the Contract This agr~ement may not cover your entire. indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement . Type of Debt Cancellation Agreement Charge Signature Guaranteed auto protection (GAP) $ 399.00 n d ,Qf Bti r. '- .....'" " '~' SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CO ~f TH CREDIT. The service contract or warranty agreement will not be provided unless you sign the separate agreement with " rovider, who is not the Seller named above, and agree to pay the additional chargee This section does not apply to any warranty that yo . iy receive for which there is no ~~~~ , / CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) In~ur<!nce are not required to obtain credit and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side for a description of coverage. Your insurance certificate or policy will provide further details about your insurance. A" insurance purchased will be for the term of the credit We may receive a financial benefit from your purchase of credit insurance. By signing. you select Sing~ 7~dit life Insurance, What is your By signing, you select Single Credit Accident 'N . A which costs $ age? _ Years Health Insurance, which costs $ .; . What is your age? _ Years Signature of Buyer to be insured lor Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident & Health Insurance By signing, you both select Joint Credit Life Insurance, which costs $ NiA What are your ages? 1. 1. 2. * , ): Doc$ument Preg~a~iffiJee Paid to Others on Your Behalf To Public Officials for: License, Tags 'lfP Regl~tration $ t1;1 . (lU lien Fee $ ~j -, 00 Taxes Not Included !I! Cash Price tj';.'i /n $ , "". ..... ~!i l\ To .-' $ For M~ , ger Service To . I . , t<!f,t\ IV 11\ $ N / Ii, % For ' To Credit Insurance Company $ ~.! 'I.... % * NEW NEON 4 Equipped _ AJ. _ P.S. _ AM-FM Stereo _ 5 Spd. 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: If the Assignee assigns the Contract 1.;;\ 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'3ssignment SOVEREIGN BANK, 1130 Berkshire Boulevard, Wyomissing, PA 19610 183E556C250137490 For ", n To 1.\ $ For N I A To A $ For N / A To J $ For N I A N/A * N/A * CO-SIGNER: Any person signing the Co-Signers Agreement below promises separately and together with all Co-Signer(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-Owners Security Agreement below gives us a security interest in the Vehicle and agrees separately and Amount Financed 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 $ 15961.28 "Promise to Pay' section. TERMS: The terms shown in the boxes above are part of this Contract We may retain a portion of amounts marked* PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment and assigning the Trade-In, if shown above, on or before the date of this Contract and paying us the Amount Financed prus interestYou 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 Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most recently specifies in the written n~tice to you. . The Annual Percentage Rate may be negotiable with the Seller. A~DITIONAL DISCLO~U~ES. ~ERMS AND CONDITIONS:. . The Seller may assign this contract and may receive a part of DIsclosures: Before slgmng thIS Contract, be sure that you receive and read the Dlsclosur~ to Buyer. the Finance Charge. N/A * Terms and Conditions: Before signing this Contract be sure you receive and read the following, if marked X. whioh are additional pages to and part of this Contract III This Contract continues on the reverse side. D Debt Cancellation (guaranteed auto protection) separate disclosure and agreement BY: 10/05/2005 ~~~ In/n~/?nOt Date . l ~ Date CO-SIGNE . YOU SHOULD READ THE NOTICE TO CO-SIGNER, WIDCH HAS BEEN GIVEN ~O YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. J ;. 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 beneht. 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) IO/05/20m Date By signing below, we agree to sell the Vehicle to you under the terms of this Contract CUMBERLAND VALLEY MO roRS SELLER (SEAL) Co-Signer's Signature Address Date (SEAL) Co-Signer's Signature Address Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer(s) or otherwise being all of the Owners of the Vehicle, giveus 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 pa,yment by the Buyer of all sums due on this Contract. You will not be responsible for any deficiency which might be due after rypp.~e~.., io~ M4.~a1~ Qf.1. q~ .Y-fhicle. !JU l . t,NN ~!t<l::F., (SEAL) CARLISLE PA 17013 lO!O(,OOOf) Co-Owner's Signature Address Date The persons signing below expressly agree to be bound by the arbitration provision in Section 22 on the reverse side. Such persons (all referred to as "you" in the arbitration provision) agree that we may rely on the fact that they have read, understand and agree to that provision. THE PERSONS SIGNING BELOW UNDERSTAND AND AGREE THAT DISPUTES MAY BE RESOLVED BY ARBITRATION INSTEAD OF BY LITIGATION IN COURT AND ACKNOWLEDGE THAT THEY HAVE RECEIVED A COPY OF SOVEREIGN BANK'S PRIVACY POLICY. BUYER, CO-SIGNER AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AND IVACY NOTICE AT THE TIME OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED I THE T 0 CA LED TIONAL TE MS AND CONDITIONS. SUYE CD. IGNER VERSE SIDE FOR IMPORTANT INFORMATION. ORIGINAl- White. DEALER COPY - Canary' BORROWER'S/CO.SIGNER'S COPY - Pink' COPY - Goldenrod CO-SIGNER OR CO-OWNER o 2004 BANCONSUMER SERVICE, INC. ADDITIONAL TERMS AND CONDITIONS 1. SECURITy-'AGREEM~NT: To secure the payment of all sums due and the performance of all required abligatiofts under this Contract you give a security interest in the Vehicle, in all parts (called 'acces~ons") 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 unpaid under this Contr~ct against any of your money on deposit with Assignee. This includes any money w~ich is now or may in the future be deposited with Assignee by you. Assignee may do this without any prior notice to you. 2. HOW THE TOTAL OF PAYMENTS 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. 3. COMPUTING INTEREST: We will Charge interest on a daily basis on the outstanding balance subject to interest on each day of the loan term, including any period for which a late charge is also imposed. 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 payment to change. 4. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made withio 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 .ootire 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. 5. 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. ' 6. 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 wi" reduce the number of payments you will make. 7. 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 specifically 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. 8. 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 fr,r 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 rafe allowed by applicable law beginning at that time. 9. 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. 10. YOUR PROMISES ABOUT THE VEHICLE: You wiil 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 rIot 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. 11. YOUR PROMISES ABOUT INSURANCE: You will keep the Veh:c1e insured against fire, theft and collision until all SlIms due us are paid in full. The insurance coverage must be satisfactory to us and piOtect your interests and our interests at the time of any insured loss. The insurance must name us as "Ioss-payeen 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 (lO) days prior written nGtice of any cancellatioil or reduction in coverage. On request, you shall deliver the policy or other evidence of insurance coverage to us. In the avent of the loss or damage to the Vehicie, you will immediately notify us in writing and file a proof of loss with the insurer. a. OUR RIGHT TO FilE PROOF Of LOSS: !n the event of any loss or damage to the lehicle, if you fail or refuse to file a claim or voof of iess with the insurance company, YOli 19ree that the Seller, Assign8e, any subsequent assignee, or any authorized employee of any )f them ("wen) may file a proof of loss with the insurance company, in your name and acting IS your agent, with respect to the insured claim. You agree that you do not have the right to, lnd will not, revoke the power you have given liS to file a proof of loss. You agree that we may :xercise this power for CUi benefit ar:d not for yaur benefit, except as provided in this ;ontract and by law. b. OUR RIGHT TO nWORSE !NSURANCE CHECKS: You agree that the SeHei, Assi;rnse, my s!.!bsequent assignee, O! an authorized empfcyee of any of them ("we") may endoise yutlr .l'. ..... ,," . .,). . " c. You do not keep any promise you made in another Contract, Note, loan' Or "",__. with Seller or Assignee; or L' d. You made any untrue statement in the credit application for this Contract or e, You committed anyforgery in connection with this Contract or ~J-=' f. 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 t 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, stol~n, destroyed or damaged beyond economical repair, and not fixed or found within a reasonable time; or I. Another creditor tries to take the Vehicle or your money on deposit with Assignee by . legal process. 14. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRAOT: 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 ot.her 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 qualifted person do it for us, or have a government 9fficial (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 may reclaim them within thirty (30) days of our mailing you a Notice of Repossession. If you do not reclaim the things found in the Vehicle within that time, we mllY dispose of those things in the same manner as the Motor Vehicle. 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 .rigl:lts-under this Contract . . without losing any rights. . . . 15. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repossess without I1sing 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 rightto 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. ~EDEMPTlON: 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 redeem the Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is reasonably possible, but in not more than ten (10) business days of our receipt of the funds required, If you do not redeem, you give up all claim to the Vehicie. 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: 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 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. 16. SUMMARY NOTICE REGARDING PREPAYMENT AND REINSTATEMENT: You may prepay all or part of the amount you owe under this contract any time without penalty. We never charge or rebate unearned finance charges. If you default and we repossess your vehicle. we will NOT allow you to pay the amounts you owe us to get your vehicle back and reinstate this contract. 17. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your deatt!, this Contract shall be enforceable against your hairs and personal representatives of your estate. 18. GOVERNIr~G lAW: This Contract is to be interpteted according to the law of Pennsylvania. 19. SEVERABIliTY Of PROViSIONS: If for any reason any part of this Contract shall becoIT:3 iilega/, void or unenforceable, that palt shail not be a part of this Contract. 20. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract. 21. THERE ARE NO WARRANTiES BY SEllER, EXPRESSED OR IMPliED. iNCLUDING THE WARRANTIES OF FJlERCHANT.l\.BiUTY Af>lD FITNESS FOR A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SEllER ENTERS INTO A SERVICE CONTRACT WITH BUYER WITH/Ill 90 DAYS FROM THE DATE OF THIS CONTRACT. 22. ARBITRATION: a. You and we agree that either party may elect to arbitrate - and require the other party to arbitrate - any claim or disputg af whatever nature that arises from or relates in any way to this Contract If we or you choose arbitration with respect to a claim or dispute, neither you ilor we will th6D have the right to litigate U,c;t claim in court, have a jury trial on that claim, or participate in a class action suit or private attorney gef]eral action. If you or we choose to arbitrate a dispute or claim, tne party choosing to arbitrate must give the other notice in w;iting..The .~rbjtrator sh~1I apply Penr:sy!va~i3 and federal substa;tilje '.,w, as applicable, but me cosrs necessary to Keep me venlCie in e~'QO conomon ana repair, we may aavance any money YOll promised to pay. If you fail to l<.eHi your promises about required insurance, we may advance ('loney ~.~ obtain insurance to cover loss or damage to the Vehicle. We have the choice of wl1~rMr of nOt to advance any mOrley for these purposes. SLlch insurance wiil be limited to an amou~t not greater than you owe on this Contract. THE INSURANCE WE PURCHASE MAY Bf>.SIGNIFICANTLY MORE EXPENSIVE AND PROViDE YOU LESS COVERAGE THAN IN$UR.~r-.tCnou COULD PURCHp.SE 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: (i) 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 beh3lf wi!! not cure your failure to perform your promises in this Contract 13. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner, or anyone of them. You will be in "Default" of the Contract if anyone or more of the following things ~~~ . 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 Convact or You may obtain the arbitration rules by contacting the above adm!:1!strah;rs. There shall be one arbitrator acce;Jtab!e to the parties. The arbitrator shall be independent 6nd unrelated to you or us. Ii you are an individual using the Vehicle primarily for personal, family or household use, we agree that we will pay the first $100 in filing and administrative fees if you wish to initiate arbitraticn. c. .Any demand for arbitration. must be made within the applicable time limit which would apply if the claim or dispute were brought in court. d. YOU AND WE ARE VOLUNTARilY .a.ND KNOWINGLY GIVING UP RIGHTS TO RESOLVE CERTAIN CLAIMS IN COURT AND HAVE A JUDGE OR JURY DECIDE THE CASE. YOU ARE ALSO GIVING UP RIGHTS TO PARTICIPATE iN A CLASS ACTION, EITHER IN COURT OR IN ARBITRATION. e. Even if you or we start a claim or dispute in court, the other can have it moved to arbitration. 23. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an accoun~ we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. 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. Infoimation 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 'OEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) of this Contract hereby takers) 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 ampunt 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 certifi(;ate ot-insurance more fully deSCribing the insurance.ln.the event of prepaymeritot the indebtedness; a refund of insurance charges will be made when due. Upon the death of the insured, credit life insurance pays the scheduled unpaid part of the .Amount Financed. During the disability of the insured, and subject to any benefit waiting period, credit accid~nt and health (disability) insurance pays the scheduled monthly payments. Credit lif~ insurance is based on the original payment schedule. NOTICE: SEE OTHER SlOE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART OF THE PENNSYlVANIA MOTOR VEHICLE INSTAllMENT SALE CONTRACT BETWEEN THE BUYER AND SEllER. ASSIGNMENT To induce you, the "Assignee" identified on the face of this Contract or as follows, '. (Name) to purchase the within Contract, the Seller hereby warrants and represents, and continues to warrant and represent that the sale has been made in strict conformity with all applicable federal, state and local laws and regl:Jlations, including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. ~~2101et seq.); our title to'the Contnict and the Vehicle co.vered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract is genuine, the signatures thereon are not forgeries, arose from the sale of t~e Vehicle therein described, and all parties thereto are of full age and had capacity to contract; the description of the Vehicle and extra equipment is complete and correct; the cash downpayment and/or trade-in allowance were actually received and no part thereof consisted .of notes, post-dated checks, ather credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the down payment); all warranties and statements therein are true; there is owing thereon the Amount Financed plus'inter!;lst at the Annual Percentage Rate of the Contract set forth therein; we are duly licensed under the Pennsylvania Motor Vehicle Sales Finance.Acf and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-in-lending Act and with a~y other federal or state law, rule or regulation applicable to ttiis Contract; a motor Vehicle title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied for promptly; the registration of the Vehicle has' nof been suspended and the Seller knows of no facts which may result in the $uspension of said- registration under the Pennsylvania Motor Vehicle Financial Responsibility Act; the Buyer(s) named in the within Contract is (are) personally knbwn to the Seller to be the same identical persan(s) who~e signature(s) is (are) affixed to this Contract; and Seller has no knawledge of facts impairing the validity or' value of the Contract. If any such warranties or representations should be breached at any time, Seller shall repurchase said Contract from Assigne~, on demand, and will pay therefor, in ~ash, th.e amount owing thereon; computed as set forth below, and said remedy shall be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seller. In the event that Buyer fails or refuses 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 Seller refuses to honor any warranty or service agreement of Seller or manufacturer, Seller agrees tha~ on being advised by Assignee of such claim of Buyer, Seller will repurchase the Contract fr.om Assignee and pay Assignee for same immediately in accordance with the repurchase terms set forth below, and Seller further agrees to hold Assignee harmless from any other claims of Buyer, including attorneys' fees, costs and expenses incurred in defending against claims ass~rted by Buyer and including claims for refund of payments made by Buyer to Assignee. If the Seller contracts to purchase property insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior tQ its scheduled expiration date, Seller will attempt to place comparable coverage with another insurance company on beha/fof the Buyer. If Seller is unable.to do so, Seller will notify Buyer and pay to Buyer any pdditi.oilal costs incurred by the Buyer in .obtaining replacement insurance for the unexpired period of the original insurance p.oncy. By signing and dating the Contract as Seller, delivering the Contract to the Assignee and accepting payment for i~ Seller authorizes the Assignee to act as the Seller's agent for the purpose of completing or correcting the identification of the Assignee iri this AsSignment to reflect the true Assignee who purchased the Contract and/or for the purpose of signing Seller's name to this Assignmen~ without recaurse, if the Assignment is delivenid without the Seller's signature. Assignee may exercise the power given in this paragraph for the benefit of the Assignee and not for the benefit of the Seller. SeUer does not have the right to and agrees not to revoke the power given in this paragraph.. . . In the event that Seller is required by this ASSignment to repurchase the Contract and/or Vehicle, Seller shall pay to Assignee, in cash, the full unpaid balance of the Contract as .of the date of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or inclJrred by Assignee in respect thereto, including reasonable attorneys' fees, in connection with claims by or against any Buyer, Owner or persons in possession of the Vehicle and/or by or against Seller. . . For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to become due thereunder, and all right title and interest in and ta the Vehicle therein described, with full power in the Assignee in its or Seller's name to take such legal or other action which Seller might have taken save for this Assignment. Unless Seller marks either of the endorsements below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the pravisions of the paragraph titled "Assignment," be without reCO-lJrse. o WITH FULL RECOURSE-Seller agrees that, in addition to the paragraph above titled "Assignment" in the Event of Default by Buyer in the full payment on th.e due date thereof of any installment payable under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, on demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above. o WITH REPURCHASE-Seller agrees that in addition to the provisions .of the paragraph above titled "Assignment" in the Event of any Default by Buyer which shall entitle Assignee to repossess the Vehicle, Seller will, if the Vehicle is repossessed by Assignee and delivered to Seller, and without regard to the then condition .of the Vehicle, forthwith repurchase the Contract and the Vehicle from Assignee for a repurchase price, in cash, computed as set forth above. By signing below, we agree to the terms of the Assignment ~hr ~ - Date