HomeMy WebLinkAbout01-4664FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
JASON P. STONER and DONNA L. WAY,
Defendants
TO: Jason P. Stoner
2147 Chestnut Street
Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
Donna L. Way
290 Hillside Drive
New Cumberland, PA 17070
NOTICE
YOU HAVE BEEN SUED 1N COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITH1N
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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
17013
threr Reiter
Xlo. 43581
,IALD, ILLIG, JONES & BRITTON LLP
100 State Street, Suite 700
Erie, Pennsylvania 16507-1498
(814) 870-7600
Attorneys for Plaintiff
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
JASON P. STONER and DONNA L. WAY,
Defendants
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1N THE COURT OF COMMON PLEAS OF
CUIVIBERLAND COUNTY,
PENNSYLVANIA
CIV1L ACTION - LAW
COMPLAINT
h First National Bank of Pennsylvania (hereinafter "plaintiff') is a lending
institution duly-authorized to conduct business in the Commonwealth of Pennsylvania, with
a principal place of business located at 4140 East State Street, Hermitage, Pennsylvania
16148.
2.
Jason P. Stoner (hereinafter "defendant") is an adult individual last known to
reside at 2147 Chesmut Street, Camp Hill, Pennsylvania 1701 h
3. Donna L. Way (hereinafter also "defendant") is an adult individual last known
to reside at 290 Hillside Drive, New Cumberland, Pennsylvania 17070.
4. On or about November 1, 1999, the defendants leased from SutliffCapital Ford
one 2000 Ford Fl50 pickup truck, vehicle identification number 2FTRX18L1YCA03484
pursuant to the terms of a written lease agreement (the "Lease"). A tree and correct copy of
the Lease is attached hereto as Exhibit A and incorporated herein by reference.
5. The lessor's right, title, and interest in and to the Lease and the vehicle which
is the subject of the Lease were immediately assigned to plaintiff for value.
6. As a result of the defendants' default under the terms of the Lease, the vehicle
was repossessed and sold by the plaintiff.
7. After sale of the vehicle pursuant to the terms of the Lease, the balance due and
owing to the plaintiff by defendants is $7,380.04.
8. Under the terms and conditions of the Lease, plaintiff is entitled to recover
reasonable attorneys' fees as a result of the defendants' default under the Lease, which
plaintiff believes and therefore alleges will total $2,000.00.
9. Numerous demands for payment have been made by plaintiff, but defendants
have failed or refused to pay.
WHEREFORE, plaintiff demands judgment against the defendants in the amount of
$9,380.04, plus interest on the unpaid principal balance at the rate of six percent (6%) per
year f~om May 10, 2001, plus costs of suit and such other relief as is just.
100 State Street, Suite 700
Erie, Pennsylvania 16507-1498
(814) 870-7600
Attorneys for Plaintiff
-2-
FNB 9-9 Rev. 4
IRST NATIONAL BANK
Pennsylvania
Lease DaLe:
CONSUMER PAPER
CLOSED END MOTOR VEHICLE LEASE
MONTHLY PAYMENT LEASE
11/O1/99 [ ) Business, Commercial or Agricultura~ Purposes Lease
Lessor Name and Business Address
SUTLIFF CAPITAL FORD
1000 PAXTON ST PO BO
tIAILKISBU~G, PA 17105
Lessee(s) Name(s) and Residence Address(es)
JASON P STONER
2147 CHESTNUT ST
CAHP HILL PA 17011
County
DONNA L WAY
2147 CHESTNUT ST
CA~ HILL PA 17011
You are the Lessee(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement (the "Lease") to the Assignee named below. Prior to the assignment, any
reference in this Lease to "We." "Us" or to "Lessor" shall mean the Lessor named above, However, under the Federal Consumer Leasing Act, both We and the Assignee named below are
considered "Lessors." Except for this required disclosure, the Assignee will have no rights or obligations as a Lessor on flus Lease un i i is assigned. Then, any ere once to We, Us
to "Lessor" shall mean the Assignee. Each et you who signs the Lease is individually liable to us for all Lease obligations. You are leasing the Vehicle described below ("the Vehicle") from us.
You agree to pay all amounts due under the Lease and fuifilt all your obligations under the Lease. You intend to use the Vehicie primarily for personal, family or household purposes unless
he Bus~ness, Commemal or Agricultural Pu pose Lease box above is checked. In this Lease, "e" means an estimate.
New]~X] Year Make [ Model No. otCyl, Style
DemoUSed [ I O0 FORD 18~150 PI TK
Equipped With:
Vehicle ~dentiBcation Number
2FT~X18Ll¥CA03484
Odometer99Mileage
Year Make
Gross Amount o Trade-In Allowance $
Model
** Net Trade-In Allowance = $
N/A (if less titan zero, enter zero)
N/A Prior Credit or Lease Belence -- $
Signing or Delivery
(Itemized below)*
541 .OO
$.
Your first monthly payment el $ 410. O0
O1 NOV 99
is due on , --
followed by 59 payments o(
$ 4m nd dueonthe
of each men b. The total of your monthly payments
is$ 24600.00
Disposition fee (R you do not
purchase the Vehicle) $ 300.00
$ N/A
$ N/A
Tote~ $ 3~S~. OO
(The amount you will have
paid by the end of the Lease)
$ 24981.00
Amount due at Lease signing or delivery:
Capitalized Cost Reduction $
Sales Tax on Cash Downpayment +$
Sales/Use Tax +$
Optional MBP +$
First Monthly Payment +$
~ental Payment +$
410.00
N/A
'itemization of Amount Due at Lease Si~niog or Deliver'J
Refundable Security Deposit +$ N/A How the amount due at Lease signing or delivery
Title Fees +$ 22.50 will be paid:
Registration Fees +$ 58.50 Net tradedn allowance** $
TIRE TAX +$ 5.00 Rebates and non-cash credits +$ N/A
DOC FEE +$ 4(3 (3(3 Amount to be paid in cash +$ 541. O0
Total =$ '~41 (30 ~
Total =$ 541 .~.~
f he
Gross capitalized cost The agreed upon value o t
Vehicle ($ 27432.15 ) and any items you pay ever
the Lease term (such as service contracts, insurance, and any
outstanding poor credit or lease balance $
Capitalized cost reduction. The amount el any net Irade-in
allowance, rebate, non cash credit, or cash you pay that
reduces the gross capitalized cost
Adjusted capitalized cost. The amount used in
calculating your base monBdy payment = $
Your Monthly Payment is Determined as shown below:
· Rent charge. The amount charged in addition to the
depeeciation and any amortized amounts
Total o! base monthly payments. The depreciation and
27832.15
27832,15
+$ 8017.20
any amortized amounts plus the r~nt cha~ge = $ 22569.00
IEXHIBIT ~lTenks in your Lease + 60
~Lm~mJ. your Lease) = $ 376.
N/~-
on when the Lease is terminated. The earlier you end the Lease, the greater this charge is likely to be.
I
Excessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and for mileage in excess of ~ .-, r,,-,A miles per year, at the rate
ot __ ~: per mile. .14 ~" ~ '""'~'
13690.55
Purchase Option at End of Lease Term. You have the option to purchase the Vehicle at the end of the Lease term for $ and a purchase option fee of
$ . The purchase option price does not include official fees such as those for taxes, tags, license end registration.
Other Important Terms. See your Lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default
charges, insurance, and any security interest, if applicable.
Agreed upon value of the SaJes Tax Mechanical Breakdown Other (Specify) Prior Credit or Lease Balance Ol~-~,S, pe~~''
Vsehie:~-7432.15 (including Luxul~/[r~) Protection N/& N/A N/A 4'00.00
$ $ $ $ $
Official Fees and Taxes. The total amount you will pay lot official and license fees, registra, days of the Lease Date we exteud a service contract covering the Vehic&e, this disclaimer will
tion, title and taxes over the term of your Lease, whether included with your monthly
payments or assessed otherwise; $ 23-~$. GO e (See Item 13(i) on reverse)
Warranties. The Vehicie is subject to the following express warranties: If the Vehicle is new,
the Vehicle is subject to the manulacturer's standard new car warranty. [ ] If this box is
checked, the Vehicle is subject to the following express warranty or guarantee:
If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no
express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply.
YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTEES IMPLIED BY LAW,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90
not affect any implied warranties during the term of the warranty or service contract.
Late Payments. No late charge will be assessed or collected when the only delinquency ~s
late charges assessed on an earlier delinquency. The charge for late payments is: 5% of the
base monthly payment for any payment not received within [0 days ef the date it is due.
Disposition Fee (See "Return of the Vehicte' on the other side of this Lease(:
$ 300.00
Early Termination Purchase Option Fee (See "Option to Purchase Vehicle Upon Early
Termination" on the other side of this Lease): $ 300.00 plus orle Monthly' Payment.
Early Termiuation Fee /See "Terms Concerning Early Termination of the Lease" on the other
side of this Lease): $ 300.00 plus one Monthly Payment.
Physical Damage and Liability Insurance. You have obtained (he insurance that is required for this Lease (see "Insurance" on the other side of this Lease.)
NAME OF AGENT TELEPHONE # CONFIRMATION # INSURANCE COMPANY
You are not required to bu'~.~x a~u~ ~oduc~nd serwces t~enter into the Lease. The
term of any product or serv~c'~'~q'rl~e~'~re L'~J~s~/:~s'~ dfll~r~ ~ i~s~low~4~]tJ~e
right. If you decide you want to buy an optional product or service, review the terms of the
contract which describes the product or service before you initial lo the right. A completed
copy bi the contract will be given to you es soon as practicable,
By initialing to the right, you indicate that you want to buy the optional products and
services indicated. If the cost shown is Rot shown as part of the Itemization of Amount
Due at Lease Signing above, it has been added to the Gross Capitalized Cost (see above).
ppg(?,ea~wn Protection ['MBP') Term
A ZZlOq
Coverage
Optional Service Contract Term or ExtenDed Warranty Term
tessee's Initials
Coverage ~/&
NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE
THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE
ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE. YOU ACKNOWLEDGE THAT YOU HAVE
RECEIVED AND READ A corc}PLETED COPY OF THIS LEASE BEFORE SIGNING IT.
Type/Prmt Lessee Name~ Type/Prmt Lessee Name
The,,_Less, o~r's au}ho!i~? s?gna]~l~i~at~ tl~"~]l~j~ accepted the terms, conditions and obrigations of the Lease and thatcher ~re~the "Lessor% Assignment" provision
: ' Y ' yp nt Name: ~ ~V ~ ~J~,~O~-
~ 4140 East State Street, Hermitage PA 16148 Type/Print Tdle ~¢~P~
IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE.
LEASE GUARANTY
I (the Guaranlor(s) signing below understand that the Lessor and Lessee named above have ene ed n o aveh c e ease agreement ("the Lease") dated as of the date below. I hereby
uncond f onally guarantee Iud and timely payment when due of all rentals and ofher payments and the full performance by Lessee of all promises, terms and conditions of the Le3se
(collectively the "Liabihbes"). if an event ol default occurs under the Lease, I shall pay immediately any amounts due from the Lessee or take any action required of the Lessee under the
Lease. Myliabibtyunder this Guaranty is prlmary and will not be affected by any se Iemen exte~son renewalor nod catonottheLeaseorbythedischargeor release o/ the Lessee's
obligations, wheU~er or not by ope a on of law. I waive al damages, presentments, and de~ands a al'notices of every kind and nature. I agree to pay all expenses (including attorneys'
fees and legal expenses) you pay or incur in [tying to collect ali or any part of the Liabilities, and bi enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional
guaranty. After assignment of the Lease, th~s Guaranty may be modified or terminated only with tile assignee's prior written consent. Any parts of this Guaranty which conflict with any
statute, rule or law, shall be deemed nutl and void to the extent of such conflict but without aRectlng the rest of this Guaranty. If more :hah one party signs this Guaranty, each ia
and seyerally obli?le.d Each signer on behad of any corporaLe guarantor warrants that he had authority to sign on behalf of such corporation and by so sigmng, to bind the cerpo~]te
You will be in default if: You fail to make a monthly payment when it is due; · You fail to pay any amount you owe under the Lease when il is due or when demand is made; · You provide
any false or misleading information in any lease application; · You fad to maintain the required insurance; · You lose possession of the Vehicle by confiscation, forfeiture or other involuntary
transfer regardless of whether the Vehicle is the snbiect of judicial or administrative proceedings; · You or your property become subiect 1o bangroptcy proceedings; · You die and there
]s no surviving lessee; - The Vehicle is }cst, s~olen or damaged beyond repair; · You assign the Lease or transtar the Vehicle; · YOU fail to ](eep any other promise or obligation under the
Lease or violate any o~her term of the Lease.
If you default, we may, but are not required to, take action to protect our interes~ in the Vehicle (such as buying insurance). Our action does not cure your default. Amounts we spend
taking such action, such as, but ;not limited to actual court costs and reasooable altorneys' fees, will be added to your Lease obligations and will bear lease charges, if permitted by law. If
we end this Lease because of default, you authorize us to cancei any MBP or other optionat product or service you bought in connection with this Lease and to receive any refund or credit
due upon such cancellation to apply to amounts you owe. After giving any not]ce required by law, and subiect to any waiting periods imposed by law, we may peaceably repasses the
Vehicle wherever we may find it. You authorize us to enter onto any property where the Vehicle may be to take possession of it and remove it. We may use the license plates on the Vehicle
m moving ~t to a s~orage place. After we repossess the Vehicle, we will hold it free of any rights you may have under thb, Lease, subiect to any right you may have under the taw to cure a
breach or redeem the Vehicle. Unless you tell us within 48 hours of any personal property you claim was in the Vehicle when it was repossessed, we will no/be responsible for that property.
This Item 11 wd] survive termination of this Lease.
(a) You may terminate (end) the Lease betore the end ol the Lease term under the following conditions: if you are not in default under the Lease, you may end the Lease by returning the
Vehicle to us and paying us, within tire business hays ct lhe date we make demand, your early termination liabgity (see below).
(b) We may end ~he Lease before the end ol the Lease term under the following conditions: If you are in default, we may end the Lease. You must return the Vehicle to the place we
designate. You must pay us, within five business days of the date we make demand, your early termination liability [see below).
Upon early termination you agree to pay the following charges: · An Early Termination Fee as shown on the other side of this Lease; · Aoy unpaid monthly payments and other amounts then
due; · Any official fees and taxes imposed in connection with termination; and · The amount by wbich the adiusted lease balance exceeds the Vehicle's realized value at termination. If
we have to take possession of the Vehicle from you, you will pay us the amount we have to pay for expenses in doing so. If we have to store the Vehicle and pay storage charges, you will
pay us the amount of the storage charges. We will apply some or all of your security depesd to what you owe.
We figure your adjusted Lease balance, which is the balance subjec~ to the lease charge, using the "conslant yield method". "Constant yieid method" means, the method of determiblag the
lease charge portion of each base monthly payment under which the lease charge for each month is earned id advance by muOiplying the constant rate implicit in the Lease times the balance
subject to lease charge as it declines during the Lease term. At any given time during the Lease term, the adjusted lease balance is the difference belweeu the adjusted capitalized cost and
the sum of: (i) aJ~ depreciation amounts accrued during the previous monthly periods, and (ii) the depreciation podion of the first base monthly payment. The periodic lease charge
calculations are based on the assumption that we will receive your payments on their exact due dates and that the Lease goes to its full term.
The realized value of the Vehicle is: the price we receive for the Vehicle at dispositiee; the highest offer we receive for disposition of the Vehic!e; or the tair market value of the Vehicle at
the end of the Lease term. We wig add to the amount you owe us what it costs us to pay someone to dispose of the VehicJe, tar example, an auction fee.
(c) To the extent those charges take into account the value of the Vehicle at termination, it you disagree with ~he value we assign to the Vehicle, you may obtain, at your own expense, and
within 10 business days from Lease termination from an independent lhird party agreeable to you and to us, a professional appraisa~ of the wholesale value of the Vehicle wbich could
be realized a~ sale. We will then use the appraised value as the realized value.
If we have to pay someone to help us collect the amount you owe us, we will add the amount we have to pay to the amount you owe us. This may include reasonable attorney's fees and
court costs, if permitted by law.
(a) Insurance. Vou agree to maintain, in your name, lhe following types and amounts of primary insurance for the bease term and until you return the Vehicle: Public liability insurance
with coverage limits of at least $100,000 if one person is iniured and $300,000 if more than one person is iolured; uninsured motorist coverage; properly damage liability insurance with
coverage of at !east $50,000; collision and comprehensive lire and theft with a deductible amount of ne more than $500. You can obtain insurance at your expense through any agent,
broker or insurer of your choice. This required insurance must be in effect before you lake delivery of the Vehicle and may not be cancelled until after you return the Vehicle to us. The
insurance company and the policy must be reasonably acceptable to us. The policy must provide us with no less than 30 days' written notice of cancellation or reduction in coverage for
any reason. Collision, liability and/or comprehensive insurance must name you as the insured and us as an additional insured and loss-payee. If we ask, you must furnish us with
satisfactory evidence that the required insure ace is in effect. You must notify us and the insurer within 48 hours of any event causing loss. You must cooperate fully with us and the insurer
in providing full, complete and accurate information about the loss. If the Vehicle is damaged and you Iix it fo our satisfaction, we will pay you any insurance proceeds we have received
il you are not then in default. You authorize us to file a proof of loss if you do not, and to sign your name to any check or draft representing insurance proceeds.
{b) NOTICE: PHYSICAL DAMAGE OR LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS bLASE.
{c) Your Gap Liability and Gap Waiver. You are liable for the "gap amount." The "gap amount' is the difference between the amount you would owe (or which you would owe in the absence
of gap protection) under this Lease in the event of a total loss ct the Vehicle before the end of the Lease term occasioned by its loss, theft or physical damage, and the actual cash value we
receive from your insurance company. The gap amount does not include the deductible under your insuraoce policy, or any amounts by which you are in default. For a fee, we may waive our
right to collect the gap amount from you. if we do, the cost ct such waiver appears in either Item 4 or 5. Our waiver of our right to collect the gap amount from you is conditioned on our
receipt ct: (a) att amounts due under the Lease as of the date of our receipt of the insurance proceeds, or, if no such date is specified, as of the date of the Vehicle's ~otal loss; (b) an amount
from you equal to your deductible and any other subtractions from the actual cash value of the Vehicle under your policy; and (c) insurance proceeds from the insurance policy required
under this Lease. Gap protection may also be available from a ihird party. If so, and you elect such third-pady gap protection and the cost of the protection will apoeer in either Item 4 or 5
and the terms and conditions et the coverage will appear in the contract from the third party. Gap protection is not available in all states.
(dj Standards for Wear and Use. When you return the Vehicle at the end of the scheduled Lease term {including any extension), you are liable for charges for excess wear and use. The
following standards apply for determining unreasonable or excess wear and use: · The Vehicle must be able to pass any inspection required by law, even it an inspection is not then due. The
Vehicle must have matching tires (not retreads) comparable to those on the Vehicle when it was delivered to you, with at least i/8" of tread remaining at the lowest spot. The engine, drive
train, odometer, and other mechanical and electrical parts shall operate and not be damaged. There must be no scratches, dents, pits, rust areas, mismatched paint or cracks in or on the
lenders, bumpers, grills, hood, trunk, roof or doers. Ne special identification or decal will appear on the Vehicte. There must be no rips, tears, burns, soiling or excessive wear in the carpet,
seats, doors, headlining or dashboard. The windows, lenses and lights shall not be cracked or broken, The Vehicle Identification Number in Item 2 must not have been altered or defaced.
There must be no frame or suspension damages. We determined the amount of your base monthly payment, in part, on the miteege shown in Item 4, 'Excessive Wear and Use." Unless you
buy the Vehicle at the end of the Lease term, you will return it to us in the condition in which you received it, except for reasonable wear and use.
(e} Security Deposit. Unless required by law, we do not keep the security deposit separate in a hank or earmarked on our books, We may 3pply some or all of the security deposit to
wha~ you owe. Any unused security deposit witl be returned to you at the end of the Lease. We have no fiduciary duty to you with respect to the security deposit. No interest, increase or
probt on the security deposit will accrue or be paid to you.
(f) Option to Purchase Vehicle Upon Early Termination. You have an option to buy the Vehicle prior to the end of the term. The price will be the adiusted !ease balance (see Terms
Concerning Early Termination of the t.easo, above) ptus a purchase option fee as shown in "Early Termination Purchase Option Fee" on the other side ef this Lease. plus any other charges
due and nnpaid under this Lease. You must also pay any taxes or fees imposed on our sale of the Vehicle to you You must give us 30 days' notice in writing et your intent to bo; the
Whicle.
(g) Return of the Vehicle. If you do not buy the Vehicle from us under your purchase option, you agree to return the Vehicle to us at the end of the Lease term at a place we designate,
Yo~ will return the Vehicle in clean condition, When you return the Vehicle, you must give us a completed, signed odometor disclosure statement. You agree to hay us any amounts you
owe under the Le~se and have not paid. We may apply ail or part of your security deposit to what you owe us. If you keep the Vehicle after the date you are supposed to return it. you wdl
pay us a monthly amount equal [o the Total monthly imyment and other amounts that may come due, Your payment does nol permit you to keep the Vehicle unless you get our permission
in advance. You will pay us upon return of the//elPcle, a disposition fee as shown in "D~sposition Eeo" on the other side of ~lbs Lease.
,., ~u,.,, ,.^~ ,.~ u~ u~ yuur ~nofltnJy payment, lile actual total of tees and taxes ay be higher or tower depend ng on the tax rates In effect or the value of the leased properly at
the time a fe~ or tax is assessed. This paragraph witi survive termination ot this Lease.
if you move the Vehicle to another state and reregistration is required, you agree to reregister the Vehicle and to pay all costs and expenses of registration. You also agree to pay us an
administrative fee of $40 to pay tot our expenses in connection with reregistration.
(j) Returned Check Charge. If any check you give us in payment of any obligation under this Lease is dishonored or returned tot any reason, you agree to pay a returned check lee ol
$20, but d applicable law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount.
{k) Use of the Vehicle. You will keep the Vehicle permanently garaged at the address shown in this Lease. You will keep the Vehicle free from any liens or claims. You have the risk or
loss, end are responsible for the Vehicle's damage or destruction. You will not allow unlicensed drivers to drive the Vehicte. You will not use the Vehicle for more than 30 days outside
state where the Vehicle was first titled without our prior written permissiun. If we permit you to register the Vehicle in another state you agree to pay all of our costs of re-registration. We
are not required to permit you to move the Vehicle to another state. '
(I) Acknowledgment. You acgnowledge you have examined the Vehicle. You acknowledge that the Vehicle is equipped as you want, that it has no missing parts and that it is in
good condition and the odometer mileage is as shown in Item 2. You accept the Vehicle for all purposes of the Lease. You further acknowledge you have taken delivery of the Vehicle.
(mi Odometer. You are required to maintain accurate mileage records of your usage of the Vehicle. Normally, usage is determined solely by the odometer in the Vehicle. However, d the
odometer shourd break for any reason, you must immediately repair or replace the odometer and be abte to provide us with proper supporting documentation to indicate the date and
mileage when the odometer tailed and the date when it was repaired or replaced. If the odometer malfunctioned or was tampered with and you cannot substantiate the mileage shown on
the odometer, you agree to pay the amount we estimate the Vehicle's market value has been reduced by reason of adddional miles not reflected on the odometer, the inability to determine
the Vehicle's actual mileage, or both. This paragraph will survive termination of the Lease.
(n) Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the time of Lease termination, whether or not the Vehicle is returned to us. This certification
is needed so that we can transfer ownership ot the Vehicle. Failure to certify the mileage or making a false statement may result in fines and/or imprisonment. You must certify the mileage
even if you buy the Vehicle. If we transfer title to the Vehicle and provide incorrect odometer information, either because you did not provide a certification to us or you made a false
statement, to the extent not prohibited by law, you are liable for and will indemnify us against any claims, damages, penalties, fines or losses, including our court costs and attorney's
fees, which we may incur in connection with your failure to comply with the law. This paragraph will survive termination of the Lease.
(o) Indemnification. You agree to indemnify us and hold us and our assignees, agents, and insurers harmless, to the extent not prohibited by law, from all damages, injuries, claims,
demands, and expenses, including reasonable attorney's fees, arising out of the condition, maintenance, use or operation of the Vehicle, including a claim under the strict liability
doctrine.
(pi Assignment of Returned Premiums and Other Amounts. You assign to us any unearned returned premiums or charges or other amounts relating to insurance or any optional product
or serwce sold in connection wqh this Lease and returned or paid to us You will earn no interest, increase or profit with respect to such property.
(qj Right Of Set-Off: The law gwes us a right of set-off in any of your property in our possession. When we assign {transfer] our rights in this Lease, the Assignee will obtain the right of
set-off. If you default, the Assignee may exercise the right of set-off and apply any of your property in the Assignee's possessiOnr including deposit accounts, ~o sums you owe off this Lease.
(ri Waiver. If we Iail tn exercise any right or remedy a~ any time, we do not waive the right to do so at a later time.
(si Diving Notice. ~olices may be gwen personally or sent by first class mad to the address shown on the front side ol this Lease. Notices shall be deemed given to us when they are
personally given or actually received at our address shown in Item I or as we otherwise direct from time to ~ime. Notices shag be deemed given to you when they are personally given or
when placed in the mail, addressed to you at your address then shown on our records, even though you might not actually recmve our mailed notice. You agree that 10 days' notice is a
reasonable notice period, unLess state law reqmres a longer period, in which case you agree that the state required period is reasonable.
(t) Assignment and Transfer of the Vehicle. YOU MAY NOT ASSIGN THE LEASE OR TRANSFER THE VEHICLE WITHOUT OUR PRIOR WRITTEN PERMISSION. We may assign all of our
rights under this Lease. The person to whom we assign our rights may reassign them. You may not assign your rights or obligations under this Lease. You agree to render performance of
your obligations to the original Lessor and, upon receiving written notice of any assignment, to the Assignee or any subsequent assignee.
(u) General. This Lease is the entire agreement between you and us. We have not made any promise to you that is not in this Lease. Any change to this Lease must be in a writing that
is signed by you and us. ff any provision of this Lease is found to be vmd or unenforceable, this Lease is to be read as if that provision were never contained in this Lease.
(vi Governing La',','. It any part ol the Lease s eyelid, unenforceable or dlegal in any jurisdiction, the part that is invalid, unenforceable or illegal will not be effective as In that iurisdictioo.
The rest of the Lease wid be enforceable, tf you lease the Vehicle primarily for personal, family or household purposes, the law ol the state in which you reside will govern the Lease and
the interpretation of the Lease. It ffqs Lease is not primarily for personal, family or household purposes, you agree that the laws or the state in which the original Lessor does business, as
shown in Item 1, shai! govern this Lease and your obligations.
Lessor's Assignment. The undersigned dealer ("Dealer") tot vah~able consideration, receipt of which is hereby acknowledged, does hereby sell, assign, and transfer to First National Bank
of Pennsylvania {"Dank"], all of Dealer's right, tide and interest in and to the within Lease, all amounts due and to become due thereunder and lhe vehicle described therein {"Vehicle"]. To
induce Dank to accept this Assignment, Dealer warrants that: [1) the Lease is genuine, valid and enforceable according to its terms and accurately reflects the Lease transaction described
~herein in all respects and is subject to no defenses, setoDs or counterclaims; (2) Dealer has good title to Vehicle, free and clear of all liens and encumbrances and that no prohibition exists
against the making of this Agreement; (3) the Lessee is competent, is not a minor, and has a driving record which Dealer has presented to and accepted by Dank; (4) the Dealer, has fully
complied with, and prior to the completion of the state, federat and local laws and regulations; (5) the Vehicle has been delivered to and has been accepted by the Lessee and is in the
L
essee s possession; (6) o the Dealer's best knowledge and belief, all intormalion set forth in the Lessee's application submitted to Dank is true, accurate and complete; (7) Dealer knows
of no facts or circumstances which will impair the Lease's validity or value; (8) the Lessee has obtained the necessary insurance in accordance with the terms of the Lease and the Dealer
has delivered the required insurance certificate to Dank; (9) the Dealer has delivered to Bank a copy o[ the manufacturer's invoice and certificate of origin and shall return to Dank a copy
of the completed vehicle registration forms after such forms have Peen accepted by the appropr,ate motor vehicle registration office. !n the event of a breach by the Dealer ot any warranty
listed above, the remedies available to the Lessor shall include requiring lhe Dealer to repurchase the vehicle and the Lease for the tull amount shown on the Lessor*s books, including any
reasonable attorneys' fans and court costs.
VERIFICATION
The undersigned, Vice Presidem and duly authorized representative of First
National Bank of Pennsylvania, states that the facts set forth in the foregoing complaint are
true and correct based upon her knowledge or information and belief. This statement is
made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to
authorities.
Elizabeth B. Sam
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
JASON P. STONER and DONNA L. WAY,
Defendants
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY,
) PENNSYLVANIA
)
) CIVIL ACTION - LAW
)
)
) NO. 01-4664
_PRAEC/PE TO REINSTATE COMPLAIN-
TO: Curt Long, Prothonotary
Cumberland County Court of Common Pleas
Please reinstate the complaint fried at the above term and number and mark the docket
accordingly.
·
MacDONALD, ILLIG, JONES & BRITTON LLP
I00 State S~xeet, Suite 700
Erie, Pennsylvania 16507-1498
(814) 870-7760
Attorneys for First National Bank of Pennsylvania
Dated: August 31, 2001
SHERIFF'S RETURN -
~ASE NO: 2001-04664 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOT FOUND
FIRST NATIONAL BANK OF PA
VS
STONER JASON P ET AL
R. Thomas Kline
duly sworn according to
inquiry for the within named defendant,
STONER JASON P
unable to locate Him in his bailiwick.
COMPLAINT & NOTICE ,
,Sheriff or Deputy Sheriff, who being
law, says, that he made a diligent search and
DEFENDkNT
but was
He therefore returns the
the within named DEFENDANT
, NOT FOUND , as to
, STONER JASON P
PER POST OFFICE, MOVED LEFT NO
FORWARDING.
Sheriff's Costs:
Docketing 18.00
Service 9.75
Not Found 5.00
Surcharge 10.00
.00
42.75
So an~swers.
Sheriff of Cumberland County
MACDONALD ILLIG JONES & BRITTO
08/28/2001
Sworn and subscribed to before me
this /~ ~ day of~
~/ A.D.
Pro,Honor ary
SHERIFF'S RETURN
CASE NO: 2001-04664 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST NATIONAL BANK OF PA
VS
STONER JASON P ET AL
- REGULAR
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WAY DONNA Lthe
DEFENDANT , at 1948:00 HOURS, on the 27th day of August
at 290 HILLSIDE DRIVE
, 2001
NEW CUMBERIJtND, PA 17070
DONNA WAY
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 11.05
Affidavit .00
Surcharge 10.00
.00
27.05
Sworn and Subscribed to before
me this . /~ ~ day of
. A.D.
/Pr6thonot ary
So Answers:
R. Thomas Kline
08/28/2001
MACDONALD ILLIG JONES & BRITTO
Deputy Sheriff
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
VS.
JASON P. STONER and DONNA L. WAY,
Defendants
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-4664 CIVIL TERM
PRELIMINARY OBJECTIONS
AND NOW come the above-named Defendants, by their attorney, Samuel L. Andes,
and file the following preliminary objections to Plaintiff's Complaint in this matter:
MOTION TO DISMISS
1. Plaintiff's Complaint is based upon a written document.
2. The document attached to Plaintiff's complaint is an incomplete copy of the lease
on which Plaintiffs claim to base their action. The copy attached to the Complaint does not
include the provisions of the lease relating to early termination and the notice and payment
requirements of the lease in the event of early termination, without which Defendants
cannot properly plead or otherwise respond to Plaintiff's Complaint.
3. Because a full copy of the document on which Plaintiff bases its claim is not
attached to the lease, Plaintiff's Complaint does not comply with the Rules of Court.
WHEREFORE, Defendant demand that Plaintiff amend their Complaint and attach a full
and legible copy of the entire lease document or that this action be dismissed.
MOTION FOR MORE SPECIFIC PLEADINC
4. Plaintiff's Complaint states a demand for payment which Plaintiff claims is based
upon certain expenses it incurred. Plaintiff's Complaint does not identify or specify those
expenses or provide any explanation of them.
5. Plaintiff's Complaint refers to the sale of the motor vehicle but does not identify
the date of the sale or the price or consideration of the sale or the expenses incurred therein.
6. Plaintiff's obligation, under the arrangement between the parties, was to
reasonably mitigate its damages and to sell the motor vehicle in a "commercially reasonable"
manner. Defendant is not able to determine, from Plaintiff's Complaint, how the vehicle
was sold, what expenses were incurred in it sale, and what proceeds were developed by the
sale. Without that information, Defendants cannot properly plead or otherwise respond to
Plaintiff's Complaint.
7. Plaintiff's Complaint does not contain sufficiently specific information to comply
with the Rules of Court.
WHEREFORE, Defendants demand that Plaintiff be required to file a more specific
pleading or, in the alternative, that Plaintiff's action be dismissed.
Attorney for Defendants
Supreme Court ID 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
CERTIFICATE OF SERVICF
I hereby certify that I served an original of the foregoing Preliminary Objections upon
counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Susan Fuhrer Reiter, Esquire
MacDonald, Illig, Jones & Britton, LLP
100 State Street, Suite 700
Erie, PA 16507-1498
Date:
13 September 2001
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
JASON P. STONER and DONNA L. WAY,
Defendants
)
)
)
)
)
)
)
)
CIVIL ACTION - LAW
NO. 01 - 4664 CIVIL TERM
TO:
Jason P. Stoner
103B Umberta Street
New Cumberland, PA 17070
Donna L. Way
290 Hillside Drive
New Cumberland, PA 17070
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET
TWENTY (20~ORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
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 SIIOULD TAKE Tills PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT IlAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPiiONE TIlE
OFFICE SET FOR'Ill BELOW TO FIND OUT WIlERE YOU CAN GET LEGAL ItELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
sa~.s~ [Fuhrer Reiter l~. No. 43581
DNALD, ILLIG, JONES & BRITTON LLP
I00 State Street, Suite 700
Erie, Pennsylvania 16507-1498
(814) 870-7600
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
JASON P. STONER and DONNA L. WAY,
Defendants
)
)
) CIVIL ACTION- LAW
)
)
)
)
) NO. 01- 4664 Civil Term
AMENDED COMPLAINT
1. First National Bank of Pennsylvania (hereinafter "plaintiff") is a lending
institution duly-authorized to conduct business in the Commonwealth of Pennsylvania, with
a principal place of business located at 4140 East State Street, Hermitage, Pennsylvania
16148.
2. Jason P. Stoner (hereinafter "defendant") is an adult individual last known to
reside at 103B Umberta Street, New Cumberland, Pennsylvania 17070.
3. Donna L. Way (hereinafter also "defendant") is an adult individual last known
to reside at 290 Hillside Drive, New Cumberland, Pennsylvania 17070.
4. On or about November I, 1999, the defendants leased bom SutliffCapital Ford
one 2000 Ford Fl50 pickup track, vehicle identification number 2FTRX18L1YCA03484,
pursuant to the terms of a written lease agreement (the "Lease"). A true and correct copy of
the Lease is attached hereto as Exhibit A and incorporated herein by reference.
5. The lessor's right, title, and interest in and to the Lease and the vehicle which
is the subject of the Lease were immediately assigned to plaintiff for value.
6. On or about February 1, 2001, defendants defaulted under the terms of the
Lease by failing to make payments when due.
7. Due to the defendants' default under the terms of the Lease, the vehicle was
repossessed on March 23, 2001 and notice of the repossession was sent to the defendants
pursuant to 75 Pa. Stat. Ann. § on March 23, 2001. Copies of the Notice of
Repossession sent to the defendants are attached hereto as Exhibits B and C andincorporated
herein by reference.
8. Defendants failed to redeem the vehicle within the time allowed by statute, and
the vehicle was sold to a private dealer on April 13, 2001 for a purchase price of $18,500.00.
9. After crediting the amount realized from the sale of the vehicle, the balance
due to the plaintiffpursuant to the terms of the Lease was $7,380.04, calculated as follows:
Balance due at Time of Repossession
Plus Late Charges
Plus Termination Fee
Less Rebate Amount
Balance
Less Proceeds from Sale of Vehicle
Less Refund of Dealer Incentive
$30,207.30
37.60
710.00
. 5,074.86
25,880.04
18,500.00
411.48
Deficiency Balance Due $ 6,968.56
10. The defendants were notified of the amount realized from the sale of the
vehicle and the balance remaining due on May 10, 2001. Copies of the Notice of Sale sent
-2-
.~NB 9-9 R~v. 4
_FIR~T NATIONAL BANK
Pennsylvania Lease Date:
CONSUMER PAPER
CLOSED END MOTOR VEHICLE LEASE
MONTHLY PAYMENT LEASE
1 !/01/99 [ I Business, Commercial or Agricultural Purposes Lease
SUTLIFF CAPITAL FORD ~s(es)
i000 PAXTON ST PO BO I JASON P STONER DONNA L WAG
HAI~ISBURG, PA 17105 I · 2147 CHESTNUT ST 2147 CHESTNUT ST
I C~IP HILL PI 17011 C~ HILL PA 17011
e Identification Number
~ 2FTRX18LI ~CA03484
gileage
~Year~--~---.~- Make ~ Model
** Net Trade-In Allowance =
Gross Amount of Trade-In Allowance $ N/A Prior Credit or Lease Balance -- $_ N/A (if less than zero, enter zero)
Amount Due at Lease Monthly Payments Other Charges (Not part of your monthJy payment)
Signing or Delivery
Your first monthly pavmenl of $ 410. O0
(Itemized below)* is due on _ O1 NOV - _, 99
Disposition fee [if you do not
followed by _.. 59 payments of purchase the Vehicle) $.
$_ 541,00 $_ ~,t~3 ~ dueonthe iST $ N/A
Total of Payments
(The amount you will dave
paid by the end ol the Lease)
$ N/A $_ 24981.00
Total $ ~ --~
Amount due at Lease signing or delivery:
Capitalized Cost Reduction $~
Sales Tax on cosh Downpayment +$_
Sales/Use Tax +$_
Optional MUP +$.
First Monthly Paymenl +$
Prepaid Rental Payment +$_
5.00
410.00
N/A
'Itemization of Amount Due at Lease S)¢ing or Delieafy
Refundable Security Deposit +$_ N/A How the amount due at Lease signing or delivery
Title Fees +$ 22 50 *~ill be paid:
Registration Fees +$__ 58 ?~0~ Net trade-in allowance** $_ N/A
TTRE TAX +$- 5,~00 Rebatesandnon-cashcredits +$__ N/A
DOC FEE +$_ 40 O0 Amount to be paid in cash +$ 541. O0
Total =$~ ~ Total
Gross capitalized cost. The agreed upon value of the Your Monthly Payment is Detmmined as shown below:.
Vehicle ($_ 27432.15 ) and any items you pay over depreciation and any amortized amounts
the Lease term (such as service Contracts, insurance, and any
outstanding prior credit or lease balance $ 27832, 15_
Capitatized cost reduction. The amount of any net trade*in
atfowance, rebate, non cash credit, or cash you pay that
reduces the gross capitalized cost _$
Adjusted capitaJized cost. The amount used in
Rent charge. The amounL charged in addition to the
+$ 8017.20
Total of base monthly payments. The depreciation and
any amortized amounts plus the rent charge =$.. 22569.00
Lease Payments. The number of payments in your Lease + 60
IThis is also the number of months m your Lease)
Base Monthly Payment
calculating your base monthly payment = $ 27832.15
ResiduaJ Value. The value of the Vehicle atthe end pi -- ~
the Lease used in catsulating your base monthly payment --$ .. 13280.55
Depreciation and any amortized amounts. The amount
charged for the Vehicle's decfine in value ~hrough normal
wear and for other items paid over Ihe Lease term = $_ 1/a$5 !. 60
376.15_
N/A
$~e
410.OO e
EARLY TERMINATIOn. You may have o pay a subs an al charge if you end [his Lease early. The charge n ay be un to e
I on when the Lease ,s termmated. The earlier you end the Lease, the grea er th s charge is ,i~ely to be, vera thousand dollars. The actual chlrg, .ri, depend I
'[~cessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and for mileage in excess of ~ ,~ A~.~
miles Der year, at the rate
otthe~ [ MechanicatBreaednwn ~
I IInc~ud'ngLuxl~j~a~) ! Protection N/A I- ' "N/A ~
Official Fees and Taxes The o a amoun you w pay for offiraal and license fees, rog s a- days o the Lease Date we extend a service contract covenng the Vehicle, this discla met w
bon tqic and taxes over (he term of your Lease, whether Included wdh your montMy not affect any ~mpbed warranties during the term of the warranty or service contract.
payments or ahsessed otherwise: $_.. 22 ~' G.C.O e {See Item t3(il on reverse)
Warranties. The Vehicle is suPiect to the icflowing express warranties: If the Vehicle is new,
the Vehicic is subject to the manufacturerrs standard new car warranty, [ ] N this box is
checked, the Vehicle is subiect to the fodowmg express warranty or guarantee:
Late Payments. No late charge will be assessed or Cnd~cled when the only delinquency is
late charges assessed on an earlicr delinquency. The charge for lale payments is: 5% of the
base monthly payment for any payment not received within tO days of fhe date it is due.
Disposition Fee {See "Return of the Vehicle" on the other side of this Lease):
$ -. 300.00
Early Te~mination Purchase Option Fee (See "nihon to Purchase Vehicle Upon Early
Perminaticn" on the other side ot this leasel: $ 300,00 plus one Monthly Pai'Tnent.
Early Tefminarion Fee (See "Terms Concerning Early Termination of the Lease" on the o~her
PARTICULAR PURPOSE, If we make a written warranly coverinD the Vehicle or, within 90 side of this Lease[: $ 300.00 plus one ga,,U~;y ~ayrf~l~.
Physical Damage and Liability Insurance. You have oblained the insurance lhet is mquRed for this Lease (see "Insurance" on the o~her side of tm Lease.)
iNSURANCE COMPANY
Coverage.
Oplicnal Service Contract Term or Extended Warranty Term
Coverage ~T,/·
NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE
THE VEHICLE. DO NOT SIGN THIS LEASE BEEORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE
ENTITLED TO A COMPLETELY FILLED-IN COPY OE THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE
RECEIVED AND READ A COA~PLETED COPY OF THIS LEASE BEFORE SIGNING IT. ~ ~
~teh ~rfi ? ~ ds s~ eg: ~,, ~)ll~a ~l t~.~1)j~l~s accel ed he ,e ms. co~d,tions and obdEatmns of the (-ease ,ed '~s Ass,gumout" ~
Assignee Name: First National Dank of Pennsylvania
41.40 East State Street, Hermitage, PA ID ted Type/Pdnl Title: ~4,~T~ ~,LL t?/l~
IF' YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE.
LEASE GUADANT~
I (khe Guarantor(s) signing below[ unders and hat the Lessor and Lessee named above have entered into a vehicle lease agreemenl ('the Lease") dated as of the date below he eby
unconddionady guaran ee UJ and me y payment when due ol all rentals and other payments and the fuiJ performa ce by Lessee of a p em sos. terms and conditions of he Lease
[collectively the "Liabilities") }f an even o default occurs under the Lease, I shall pay immediately any amoun s due from the Lessee or take any action required o the Lessee under the
Lease. MyliabildyunderthisGua any spimaryandwill~otheaffectedbyanyseteme t, exenson renewalo modiicaticnoitheLeaseo bythedischargeo eeaseoftheLessee'$
Signature of Guarantor Date {SEALI
Signature of Guarantor Date
PENNSYLVANIA ~L 1/O 1 ~ (;~' W&le. §EAL£R COPy- CaA~y * LESSEE COPY- Pin~, COPY. O~emod 1 1 / O 1 ~ ~ GANCQNSUME RI~ER~C~'~N~
(iS- Official F~es and Taxes; Registration and Parking Tickets. We own he Veh c e. . . * ...... ' ·
no rights to ~t except to use ~t as permdted by his Lease and to exercise your urcha Y~u must keep the Veh~c e ~urr~n y regMered in our name. You a e easin ·
g the Vehicle and a Ticket Processing
for you, and you wid repay us the~e amounts upon demaM. We may add the amount o what you owe us if you do not poy us w~fl we make dema~. You mu~ pay when due or reimburse
faxes and interest or penalties are assessed (un~s the interest or penalties are a result of o ' ,
Ye. re.st poy Personal prop,~ taxes ;s,,ssed on th, ~hicfe, .berber you a e bi % ~;~c? ?~u mull.pay [he ,nleres[ or pena[l~es when due or reimbu
if ~eu move the ~ehicle t~ another state
~) Retu;ne~ Chect Char;e. If any Ch~k you ;we us in payment of any obligation under this Cease is ~shono;ed or re[urA~ for any ;earn, you a~ree IA poy a ;el~rn~ chec~ fee
(k~ ~se of the Veil cfc. ~ou wdA ~eep [he Veh~le permanently ;ara~ed at [he a~dress shown m th~s Lease You wih keep khe ~h c e
[~) Acknowledgment. You acknowledge you have examined th~ Vehicle, You acknowledge that the Vehicle is equipped as you ~nt, that it has ~o missin[ pa~s and that it
good COndition and the odometer mileage is as shown iA Item Z. You accept the Vehicle for all pu~gofes of the Lease. You fu~er ackn~ledp you have t~en delive~ of the ~hicle.
(m) Odometer. You are r~u ed to ma ntain accurate m ~age eco~ds of your usage of ~he Vehicle Norton y usage is dete~i~d solely Oy ~ ~ometer i~ the Vehi~e. However i the
the odometer, you agree to pay the amount we estimate the Vehicle's market value has been reduced by reason of adddion~f mi~ not reflec~ on the odomeler, the inabildy to determine
~n~ Odometer Oisc osu e Federal law equates you to p operiy codify the Vehicle's mpieage at the time of Lease termination whether o~ not the Vehicle is returned to us. This certibca
statement, to the extent not pro~ibiled by Jaw you are liable for and will i~demflify us agaiAst any claims, damages po~alties, tines or tosses, including OUr cou~ costs and attorney's
tees, which we may ~ncur in connection wit~ your failure to comply with the law. This paragraph will survive termmalion of the Lease
[o) r~demfllficatie n. Ye u agree to indemnify us and hoi~ us and our assignees, age,ts, and iff supers harmless, to the extent ~t pfohibit~ by law, from all damages, injuries, clai
{dp:mantis, and expo6ses, including reasonable attorney's fees, arislnE oct of the condition, maintenance, use or operatio~ of the Vehicle, including a cJlim under the strict liability
iq} Right Of Set-Off:
You will be in default il: You fail to make a monthly payment when it is due; · You fail to pay any amount you owe under the Lease when it is due or when demand is made; · You provide
la) You may terminate (end) the Lease before the end of the Lease term under the fedowing conditions: If you are net in default under the Lease, you may end the Lease by returnJflg the
Vehicle to us and ~ayi~g us, v~ithifl five business days of the date we make demand, your early termination gabdity (see below).
la) Insurance. You agree to maintain, in your nanle, the tedowing types and amounts el primary insurance ter the Lease term and untd you return the Vehicle: Public liability insurance
with coverage limite of at least St 00,000 if one person is iniurnd a~d $300,000 if more than one person is injured; uninsured motorist coverage; property damaBe gabdity insurance wdh
coverage of at !east $50,000; cedision and comprehensave tire and theft with a deductible amount of no more ~hen $500. You can obtain ifisurBnce at your expense through any a8ent,
brohe~ or insurer of your choice. This required insurance must be in effecI before you take delivery of the Veh~cJe and may not be cancelled unti~ after you return the Yethcle to us. The
seats, doors, headlining or dashboard. The windo~'~s, lenses and lights shall not be cracked or broken. The Vehicle Identification Number in Item 2 must riot have been altered or defaced,
FIRST NATIONAL BANK OF PENNSYLVANIA
4140 E STATE STREET
HERMITAGE PA 16148
NOTICE OF REPOSSESSION
CERTIFIED#7000 1670 0008 5501 8709
& REGULAR MAIL March 23, 2001
Donna L Way
74 Fox Lane
Camp Hill PA 17011'
RE: LEASE LOAN# 492-06883
The 2000 Ford FI50 4X4 Super Cab Truck, Serial # 2FTRXISLIYCAO3484, which we are financing for
you has been repossessed. The vehicle is being stored at Sufliff Capital Ford, at Harrisburg PA, where it
will remain until April 7, 2001. You have legal right to redeem the vehicle within fifteen (15) days after the
mailing of this NOTICE OF REPOSSESSION by the payment of the AMOUNT NECESSARY TO
REDEEM VEHICLE set forth below to First National Bank of Pennsylvania.
Amount Unpaid Time Balance
$30,207.30
Amount of Delinquency Charges 37.60
Amount of Termination Payment 710.00
Amount of State Use Tax 1,116.85
Plus Expenses: (All estimated)
Repossession Expense
Storage Expense
Other
TOTAL EXPENSES
$00.00
00.00
250.00
$250.00
Less Credit For:
Rebate Amount 5,227.28
Security Deposit 00.00 5,227.28
AMOUNT NECESSARY TO REDEEM VEHICLE $27,094.47
You are hereby notified that the holder, at the expiration of fifteen (15) days after the date of mailing of this
NOTICE, intends to dispose of the vehicle in a commercially reasonable manner. Notification of date,
time, and place of private or public sale to be mailed ten (I0) days prior to sale.
If the vehicle is sold and the proceeds of the sale are less than the AMOUNT NECESSARY TO
REDEEM VEHICLE, we will notify you of the deficiency which you are obligated to pay by the contract
and the law.
PLUS UNKNOWN EXPENSES
TO BE ITEMIZED DATE
VEHICLE RECLAIMED
AND OR SOLD.
SLB:mIa
F~I..R~. NATIONtAL~BAN~ OF PENNSYLVANIA
Sandra L. Bauer
Loan Adjust~nent Department
1-800-972-4607 ext 3671
FIRST NATIONAL BANK OF PENNSYLVANIA
4140 E STATE STREET
HERMITAGE PA 16148
NOTICE OF REPOSSESSION
CERTIFIED#7000 1670 0008 $501 8716
& REGULAR MAlL March 23, 2001
Jason P Stoner
2147 Chestnut Street.
Camp Hill PA 17011
RE: LEASE LOAN# 492-06883
The 2000 Ford FI50 4X4 Super Cab Truck, Serial # 2FTRX 18LIYCAO3484, which we are financing
for you has been repossessed. Thc vehicle is being stored at Sutliff Capital Ford, at Harrisburg PA ,
where it will remain until April 7, 2001. You have legal right to redeem the vehicle within fifteen (15) days
after the mailing of this NOTICE OF REPOSSESSION by the payment of the AMOUNT
NECESSARY TO REDEEM VEHICLE set forth below to First Natioaal Bank of Pennsylvania.
Amount Unpaid Time Balance
$30,207.30
Amount of Delinquency Charges 37.60
Amount of Termination Payment 710.00
Amount of State Use Tax 1,116.85
Plus Expenses: (All estimated)
Repossession Expense
Storage Expense
Other
TOTAL EXPENSES
$00.00
00.00
250.00
$250.00
Less Credit For:
Rebate Amount 5,227.28
Security Deposit 00.00 5,227.28
AMOUNT NECESSARY TO REDEEM VEHICLE $27,094.47
You are hereby notified that the holder, at the expiration of fifteen (15) days after the date of mailing of this
NOTICE, intends to dispose of the vehicle in a commercially reasonable manner. Notification of date,
time, and place of private or public sale to be mailed ten (10) days prior to sale.
If the vehicle is sold and the proceeds of the sale are less than the AMOUNT NECESSARY TO
REDEEM VEHICLE, we will notify you of the deficiency which you are obligated to pay by the contract
and the law.
PLUS UNKNOWN EXPENSES
TO BE ITEMIZED DATE
VEHICLE RECLAIMED
AND OR SOLD.
SLB:mla
FIRSTF NATIONAL BANK OF PENNSYLVANIA
Loan Adjustment Department
1-800-972-4607 ext 3671
May 10, 2001
4140 E. State Street
Hermitage, PA 16148
NOTICE OF SALE
DOnna L Way
290 Hillside Drive
New Cumberland PA 17070
RE: Lease Account: ~492-06883
Dear Ms Way:
This is to advise that the 2000 Ford F-150 4X4 Supercab, Serial #2FTRX18L1YCA03484, which
has been repossessed from you, has now been sold in accordance with terms of your contract.
Balance due at Time of Repossession 3 '
$ 0,207.~0
Plus Late Charges
Plus Termination Fee
Less Rebate Amount
Balance
Less Proceeds from Sale of Vehicle
Less Refund of Dealer Incentive
37.60
710.00
_5,074.86
25,880.04
18,500.00
Deficiency Balance Unknown
$7,380.04
You are aware that this deficiency balance is your responsibility. It is legally enforceable,
collectable, and interest beating. We realize that you may not be in a position to take care of the
obligation in full at this time. We are confident, however, that a frank discussion of your situation
will enable us to develop a plan of payment which will be acceptable to both you and the bank.
We expect your cooperation and that you will contact us regarding this matter within five (5) days
of this letter.
Very truly yours,
SLB :mia
F~IR/S/~NATIONAL BANK OF PENNSYLVANIA
,;4gandia L B~u~rTM
Loan Adjustment Department
1-800-972-4607 ext 3671
Home of the Personal Bankers
FIRST NATIONAL BANK
of Pennsylvania
May 10, 2001
4140 E. State Street
Hermitage, PA 16148
NOTICE OF SALE
Jason P Stoner
2147 Chestnut Street
Camp Hill PA 17011
RE: Lease Account: #492-06883
Dear Mr Stoner:
This is to advise that the 2000 Ford F-150 4X4 Super Cab, Serial #2FTRX18LIYCA03484,
which has been repossessed from you, has now been sold in accordance with terms of your
contract.
Balance due at Time of Repossession
Plus Late Charges
Plus Termination Fee
Less Rebate Amount
Balance
Less Proceeds from Sale of Vehicle
Less Refund of Dealer Incentive
$30,207.30
37.60
710.00
5,074.86
25,880.04
18,500.00
Unknown
Deficiency Balance $7,380.04
You are aware that this deficiency balance is your responsibility. It is legally enforceable,
collectable, and interest beating. We realize that you may not be in a position to take care of the
obligation in full at this time. We are confident, however, that a frank discussion of your situation
will enable us to develop a plan of payment which will be acceptable to both you and the bank.
We expect your cooperation and that you will contact us regarding this matter within five (5) days
of this letter.
Very truly yours,
SLB:mla
.~ NATIONAL BANK OF PENNSYLVANIA
Loan Adjustment Department
1-800-972-4607 ext 367I
Home of the Personal Bankers
SEP-24-200] NON 09:57 fin "aoDONhLD ILLIG FhX NO, 18144544647 P, 12/12
V~VERIFICATION
The undersigEmd, Vice President and Manager, Loan Adjustment Department, and
duly-authorized representative of First National Ba~ of Pennsylvania,. hereby states that
the facts set lbrth in the foregoing Amended Complaint are true and correct based upon
her knowledge or information and belief. This statement is made subject to the penalties
of 18 Pa. C,S,A § 4904 relating to unsworn falsitieation to authorities,
Date: September ~.(d_, 2001
- ~']~zabeth' B, sant
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff
JASON P. STONER and DONNA L. WAY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CLrMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01 - 4664 Civil Term
PRAECIPE TO DISCONTINUE ACTION
TO: Curt Long
Prothonotary of Cumberland County
Please discontinue, with prejudice, the action filed at the above term and number and
mark the docket accordingly.
MacDONALD, ILLIG, JONES & BRITTON LLP
100 State Street, Suite 700
Erie, Pennsylvania 16507-1498
(814) 870-7760
Attorneys for First National Bank of Pennsylvania