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Home My WebLink About03-2735Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES, CREDIT LTNION, Plaintiff ANDREW G. THIELEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION IN REPLEVIN NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 OR 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, PA 17013 717.249.3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717.249.3166 PENNSYLVANIA STATE EMPLOYEES, : CREDIT UNION, : Plaintiff : V. ANDREW G. THIELEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW ACTION IN REPLEVIN COMPLAINT AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and through its attorneys, Steven C. Courtney, Esquire and Godfrey & Courtney, P.C., and states the following cause of action and in support thereof, avers as follows: I. Plaintiff, Pennsylvania State Employees Credit Union, is a financial institution authorized to conduct business in the Commonwealth of Pennsylvania with a principal place of business located at One Credit Union Place, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. Defendant, Andrew G. Thieleman, is an adult individual whose last known address is 5407 Oxford Drive, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. October 26, 2001 Defendant executed and delivered a Loan Agreement with Plaintiff for the purpose of refinancing a motor vehicle. A hue and correct copy of said Loan Agreement and Loanliner Advance Proceeds Check is attached hereto, incorporated herein and marked as Exhibit "A". 4. Pursuant to the Loanliner Advance Proceeds Checks marked as Exhibit "A", Defendant agreed to the terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security Agreement (hereinafter referred to as "Contract"). A tree and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B". 5. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 6. Defendant's loan was to refinance an existing loan for a 1995 Nissan Maxima beating Vehicle Identification Number 1N1CA21D7ST056352. 7. Defendant, pursuant to the aforesaid Contract, agreed, inter alia, to make monthly installment payments in the amount of $173.47 each commencing November 26, 2001 and payable on the same day of each successive month thereafter until paid in full. 8. Under the Contract, Defendant grated Plaintiff a security interest in the vehicle and its proceeds. 9. Defendant agreed that in the event of a default in any payment due under the Contract or failure to comply with any term or condition thereof, that Plaintiff may repossess the vehicle and take immediate possession of the vehicle wherever the said property maybe located. 10. Plaintiff, pursuant to the provisions of the Pennsylvania Motor Vehicle Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the vehicle by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of Title for the aforesaid vehicle a notice of its encumbrance upon the aforementioned vehicle and security interest therein. A tree and correct copy of the Certificate of Title is attached hereto, incorporated herein and marked as Exhibit "C". 11. Defendant has breached the said Contract in that Defendant failed to make the agreed upon installment payments when due and payable. 12. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 13. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 14. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 16. As of June 5, 2003, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of $8,613.28. 17. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 18. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit "B", Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 19. Plaintiff has retained the services of the law firm of Godfrey & Courtney, P.C. in the collection of the amounts due and owing by Defendant. 20. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Godfrey & Courtney, P.C. in the collection of the amounts due from 21. Dollars. 22. Defendant incident to the within action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. The amount of attorney's fees incurred in this matter is the sum of $1,682.16 costs of suit Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Andrew G. Thieleman for: A. Possession of the 1995 Nissan Maxima bearing Vehicle Identification Number 1N1CA21D7ST056352, and Judgment for the amount of $10,320.44 plus continuing interest, late charges and GOD~ AoVen C. Courtney, Esquire mey I.D. No. 74669 2215 Forest Hills Drive, Suite 36 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorneys for Plaintiff Dated: June 6, 2003 VERITICATION I, Borm.ie L. Berkoski. hereby certify that Se following is correct: The facts set forth in the foregoing Complaint -..re based upon information wh£cl! ! have ftwnished to counsel, ~ well as upon information wb. ich has been gar. b. ered by counsel and/or others acting on my behalf.in r..h. is matter. The language of the Complalnt is that of cotmiel and not my own. I have read the Complaint, and to the extent that it is b~ed upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that t~e content of the Complaint is that of counsel, I have relied upon such counsel in m~ing this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made s~.tb.~ect to the penalties of lg Pa. C.$.A..{4904 relating to u.n. SWom faJsificatioa to authorities. Bormie t. Berkoski Date: Exhibit A ADVANCE PROCEEDS VOUCHER $407 APT 20~ORD D~ i ~EC~ZA. NICSBUI~.G p.A. 17055 10/26/2001 PURPOSE: 0199628848/11 I REFLNT2~NCED MTR VEH TYpE [ .L,-~ NEW LOAN LOAN ADVANCE 3,~ OTHER F I D¢ILYPER~ODICRAT5 I ANNUA PER- "t ]NTEREST RATE IS,, IAMOUNTREQUEST~D ~ IAMOUNTADVANCEO] JPREVIOUSBALANCE~ ND,N'BALANCE .020520 07.490 ~ ~ ~ 8,650.00 ~ 8,660.00 ~ $0.00 [ 8,550.00 DATE DUE ~ PAYMENT FREQUENCY ~ PROJECTED LOAN TERN1 ,173.47 11/25/0t MONTHLY : SECUR[~ OFFERED NISSAN I~L&X!MUA I 1995 SDN _ 9,285.00 A, OTHER IiNlCA2iD75TO56352 SCANNED t,~. .... ,~,.. ,..... ~,¥~ f--~ ,~:.'.~:: .~.~ ~:.'.. . . .-. 3? <.~4:~,. ~:~: $6~'h THOUSAND ONE [IUND~D ~EgENTY TWO DOLLA~ AND 50 CENTS * ].172.50 ~' ,...~.?~E~ ? ,AN,~W G TH~LE~N'N ' PENNSYLVANIA ', ~ OF '~ APT 20~O~ DR ' m*L~YEE$ C~EO[T UN ON Exhibit B 2~. ~0~ DAK~A ~T ~ YOU ~y 27. VERMONT NOTICE TO CO-SiGNER ~ ' YOU~ SIGNATURE O~ ~IS NOTE M~NS ~AT YOU ARE EQUA~y UAB~ FOR REPAYME~ OF~iS LO~. I~E BORROWER ~ES N~ PAY,~E LENDER HAS A LEGAL RIG~TO ~ FROMYou. · _ If You ~ave au~ed us to pay a c~e~,.~.~ .__ . ~ P~c~ o~ a~7 a.~,~a-~ yo~ tt~ is ONEY ACCESS CARD CA~DHOLDER AGREEMENT. The U~ml~ed (you ' ]~"). fn cx:x~.l~em~:xl ~fTHE PENNSYLVANIA :STATE EMPLOYEES C~EDIT NKX'q (v.~ e~- and us) Is~J~g ~ ~ a MONEy/~CESS CA.c~,,~e,.~ a~ be ie~ IXx~ct by It~ fo~:~ing ~m~ snd c~.x:F~on& ¥oo a~e~ thai ~e t~a o f ',Ne wish to ~qlorm yo~ I~et.s~me MONEY'ACCESS CENTER~ ~t~ ~ ~ 1: HONO~ S~em ~ mu~ fle.u ~ )<~u no later ~'.*n 60 cta7~ ~t~ iI eee~ ,,,~, ~..°' ~; (c)~ ~ ~ ~ ~ e~. ~. ~ ~ 10 ~~E~ ~,~ ~.~ ~ H~To ~u~m Using A~'s '~or those membem who purchase a vehicle under ~e D~IV Program, pl~se reView ~e follo~ng'~C ~otl~: A~ HOLDER OFTHIS ~NSUMER CR~ CO~ IS SUBJECT TO A~ C~MS AND DEFENSES ~ICH ~E DEBTOR COU~ ASSERT A~NST.~E'~ ~ ~R OF GOODS .OR SER~CE$ OBTAINED W~ ~E PROCEEDS HEREOF. 'REVeRy HEREUNDER BY~E DEBTOR S~LL NOT ~CEED AMOURS P~D BY~E DEBTOR HEREUNDER. Exhibit C ,'PSECU P'O BOX b70~3 .'HARRZSgURG PA $?~D~ BRADLEY L' MALLORY SHERIFF'S RETURN - REGULAR CASE NO: 2003-02735 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS THIELEMAN ANDREW G RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - REPLEVIN THIELEMAN ANDREW G DEFENDANT , at 1730:00 HOURS, on the at 5407 OXFORD DRIVE APT 2 MECHANICSBURG, PA 17055 ANDREW G THIELEMAN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 18th day of June , 2003 by handing to - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10,00 .00 36.28 Sworn and Subscribed to before me this 30~ day of ~ff~h~ A.D. f frot~onotary ' So Answers: R. Thomas Kline 06/19/2003 GODFREY & COURTNEY Deputy Sherif~ Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney LD. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 1717) 540-3900 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES, CREDIT UNION, Plaintiff ANDREW G. THIELEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-02735 P CiVIL ACTION - LAW ACTION IN REPLEVIN TO: Andrew G. Thieleman, Defendant You are hereby notified that on ~[/.2t/tS,] , the following (Ordcr) (ghvgr~,e) (Judgment) has been entered against you in the above captioned case for your failure to file an answer to the complaint in the total amount of $10,320.44 plus costs and interest and possession of the 1995 Nissan Maxima bearing Vehicle Identification Number 1N1CA21D7ST056352 is hereby entered in favor of Plaintiff. DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Andrew G. Thieleman 5407 Oxford Drive, Apt. 2 Mechanicsburg, PA 17055 To: Andrew G. Thieleman, Defendido/a (Defendidos/as) Por este medio se le esta nofificando que E1 de Del , El/la siguiente (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Andrew G. Thieleman 5407 Oxford Drive, Apt. 2 Mechanicsburg, PA 17055 Godfrey & Cour~ney, P.C. BY: Steven C. Courmcy, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) ~;40-3900 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES, CREDIT UNION, Plaintiff ANDREW G. THIELEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-02735 P CIVIL ACTION - LAW ACTION IN REPLEVIN PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Andrew G. Thieleman, for want of ANSWER TO COMPLAINT. ( X ) Assess damages as follows: Debt ................................................................. $ 8,613.28 Attorney's Commission .......................................... $ 1,682.16 Interest .............................................................. $ to be determined Filing costs ......................................................... $ to be determined TOTAL ............................................................. $ 10,320,44 plus costs It is also entered that Possession of the 1995 Nissan Maxima bearing Vehicle Identification Number 1N1CA21D7ST056352 is awarded to Plaintiff. ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, atter the default occurred and at least ten days prior to the date of the filing of th, is praecipe and a copy of the notice is attached. / DATE: 7]l ~/Fr~ Signature~ P.O. Box 6280, Harrisburg, PA 17112 (717) 540-3900 ID#: 74669 sow, ,2003, JUDGMF. ANT IS EN. TERg~ AS A~VE. Prothonotary/Clerk, Civil Di~'t~'-' Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (7:!7) 540-3900 PENNSYLVANIA STATE EMPLOYEES, CREDIT UNION, Plaintiff ANDREW O. THIELEMAN, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-02735 P CIVIL ACTION - LAW ACTION IN REPLEVIN TO: Andrew G. Thieleman 5407 Oxford Drive Apt. 2 Mechanicsburg, PA 17055 DATE OF NOTICE: July 9, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 ~-- 717.249.3~././ By: / ~ Steven C. Courtne~ GODFREY & COURTNEY P.O. Box 6280 Harrisburg, Pennsylvania 17110 Telephone: 717.540.3900 I.D. # 74669 Attorney for Plaintiff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY Telephone: (717) 240-6100 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: PENNSYLVANIA STATE EMPLOYEES CREDIT UNION versus Defendant: Andrew G. Thieleman Judgment No. 2003-02735 CERTIFICATE OF RESIDENCE PA. IL C. P. 236 I, hereby certify that the precise residence of Plaintiffis: Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, PA 17110 and certify that the last known address of the within defendant is: Andrew G. Thieleman 5407 Oxford Drive, Apt. 2 Mechanicsburg, PA 17055 GODFREY & COURTNEY P.O. BOX 6280 Harrisburg, PA 17112 717.540.3900 Attorney for the Plaintiff Attorney ID# 74669