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HomeMy WebLinkAbout07-2151HARVEY, PENNINGTON LTD. BY: THOMAS D. BIELLI IDENTIFICATION NO.: 202100 1835 MARKET STREET, 29TH FLOOR PHILADELPHIA, PA 19103 (215) 563-4470 Attorney for Plaintiff, Condor Capital Corporation CONDOR CAPITAL CORPORATION, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. PATRICIA HENNEGHAN Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 776947_1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparesencia ascrita o en persona o con un abogado y entregar a la corte en forma asorica sus defenses o sue objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisioner de esta demands. Usted puede perder dinaro o sus propiedades u ostros derechos importantes pars usted. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ~ TON, LTD. r` By: Thomas D. Bielli Counsel for Plaintiff, Condor Capital Corporation Date: ~ ~© D 776947_1 HARVEY, PENNINGTON LTD. BY: THOMAS D. BIELLI IDENTIFICATION NO.: 202100 1835 MARKET STREET, 29TH FLOOR PHILADELPHIA, PA 19103 (215) 563-4470 Attorney for Plaintiff, Condor Capital Corporation CONDOR CAPITAL CORPORATION, Plaintiff v. PATRICIA HENNEGHAN, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No: d~ - .~Ilsl e;~:(`r~ CIVIL ACTION -COMPLAINT 1. Plaintiff, Condor Capital Corporation ("Condor Capital") is a New York Corporation. 2. Defendant, Patricia Henneghan (the "Defendant") is an adult individual who reside at 134 West Penn Street, Carlisle, PA 17013. 3. On or about June 7, 2002, the Defendant purchased a 2000 Plymouth Voyager, VIN # 1C4GJ44G3YB764242 (the "Motor Vehicle"). A true and correct copy of the Installment Sale Contract is attached hereto as Exhibit "A". 4. Contemporaneously with the sale, the Defendant applied for and was extended credit for this purchase by Plaintiff, Condor Capital, who is represented by the undersigned counsel. A true and correct copy of the Credit Application is attached hereto as Exhibit "B". 5. Pursuant to the Installment Sale Contract, the Defendant was to make sixty-six (66) monthly payments of $452.21 beginning on July 7, 2002. 6. The Installment Sale Contract provides that the annual percentage rate on the loan would be 17.95%. 777098_1 7. The Installment Sale Contract also provides that the Defendant will pay for the costs of any suit and reasonable attorney's fees. 8. The Defendant has not made a payment since August 17, 2005. 9. On or about October 21, 2005 you voluntarily surrendered the Motor Vehicle. 10. On or about December 15, 2005, the Motor Vehicle was sold for $2,690.00. 11. On or about December 27, 2005, Condor Capital advised the Defendant that the Motor Vehicle was sold for $2,690.00. Condor Capital's correspondence of December 27, 2005, made a demand for payment of $13,294.28, plus interest, the costs of collection and reasonable attorney's fees. A true and correct copy of the December 27, 2005 correspondence is attached hereto as Exhibit "C". 12. As of March 27, 2007, the past due amount owed to Condor Capital by the Defendants, including finance charges total $16,476.04. Pursuant to the Installment Sale Contract, Condor Capital requests that reasonable attorney's fees of $3,295.20 be awarded. WHEREFORE, the Plaintiff Condor Capital Corporation respectfully requests that this court enter a judgment against Defendant, Patricia Henneghan, in the amount of $19,771.24, together with Court Costs, interest and such other relief as the~6ur~/deems appropriate. H Y NNINGTON LTD. Dated: ~ ~ ~ By: omas D. Bielli (#202100) 1835 Market Street, 29~' Floor Philadelphia, PA 19103 (215) 563-4470 (telephone) (215) 568-1044 (fax) tbielli(a,harvpenn.com Counsel to the Plaintiff -2- 777098_1 VERIFICATION Thomas D. Bielli, Esquire, says that, he is an associate with the law firm of HARVEY, PENNINGTON LTD., and that he has been involved in this matter on behalf of Plaintiff, Condor Capital Corporation, that he is authorized to make this Verification; that the facts set forth in the within Complaint, and that those facts of which he has no personal knowledge are true and correct to the best of his information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: ~ /d 777098_1 l HUMAJ 1J. ti1LLLl RECYCLED PA 23-SLC (Rev. 4/00) SIMPLE INTEREST PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated 21~ ANNUAL FINANCE PERCENTAGE RATE CHARGE The cost of your credit as The dollar amount the a yearly rate. credit will cost you. 17. 95 10961. 16 % ~ Amount Financed The amount of credit provided to you or on your behalf. .18884. 70 i Total of Payments The amount you wilt have paid after you have made att scheduled payments. 29845.86 . s Total Sale Price The total cost of your purchase on credit, inctudipg y~qr downpayment of; 511 ~+ tiW Your Payment Schedule will be: ' No. of Payments Amount of Payments When Payments Are Due _ Monthly, beginning S Filins Cooe• t 30356: 66 s Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: If you pay off early, you wilt not have to pay a penalty. late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. e means Pstimate ~thisContrarStECDND CHANCE CREDIT CENTER 6110 CARLISLE PI1{E MECHANICS13llRG PA e are e SELLER. Name Address Zip Code ware PATRICIA A HENNEGHAN 134 W. PENN ST. CARLISLE PA 17013 BUYER(S). • Name(s) Address(es) Zip Codes here is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract ODE-IN: i have traded in following vehicle: Yearend Make Description balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount financed as the'Lien Payoff.' ~PERTY INSURANCE: You may choose the person .through whom insurance is obtained against loss or damage to the Vehicle and against lily arising out of use or ownership•of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. DIT INSURANCE IS NOT REQUfRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain it, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT TRANCE on the reverse side. Your insurance certificate or policy will teA you the MAXIMUM amount of insurance available. All insurance based wilt be for the term of the credit 17F~~OU DO NOT MEET YOUR CONTRACT CATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU • BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE This Contract is between SeAer and Buyer. AU • disclosures have been made by Seller. SeAer intends to assign thaContrad to the Assignee. Cash Price 2 668$. Cash Downpayr~gt0~ ~j Trade-In Value of Trade-In PJ/A S Lien Payoff to : _ NIA Unpaid CasftgiF~B~la~ ;ning, you select Single 4dld~lite Insurance, What is your By signing, you select Single Credit Accidentlllf /A S ~ ~~ i ? age. Years What is your Health Insurance, which costs; . _ r To Credit Insurarlgy~mpany ~ age. Years n S lure of Buyer to be insured for Single Credit Life Insuraoce Signature of Buyer to be insured for Single Credit Accident & Health Insurance ~~ To Public Officials for. / ping, you both select Joint License, Tags ~stration What are Ufe Insurance, which costs; g ~ your a es. BY signing, you both select lent Credit Accident & Health Insurance, which costs; hatare Percentage ~ ; yourages? to be ~ Lien Fee 5.00 insured 1 L a SERU I CE CANT % o To ~ Lg~ rn~ ues of both Buyers to be insured (or Joint Credit life Insurance 2 Signatures of both Buyers in be insured for Joint % o '' o S DDC FEE To cry ~$ Credit Accident & Health Insurance ~ v ; L_ o To_ rirn .E: You have agreed to purchase, under the terms of this Cont hide' in this Contract ract; the following motor vehicle and its extra equipment which is ll d S SALES TRX , ca e ~ To 1090. 5$ LED Y~ atld i~ l~du ~ 2000 CHRYS I14, Syl. Itltclc Isn Capacity ~'1<uaft 1G3Y876 s - i$~nt Fin3~ca~4 70 LER GR VOYAGER . d - A.T. _ P.S. _ AM-fM Stereo _ 5 Spd. Other Finance Chaff&961.16 _ A.C. _ P.W. _ AM-FM Tape _ Vinyl Top Totasof Pay~$u"l#~imH$alance) EE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee.'• If the Assignee assigns $ ract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the Payment Schedule -You agree to pay this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when ,,, „~ ,,,o emn„a, c,,,,.,,.,,, ,,,,,. ;,,,o„~, ;,, and 'rf Seller makes an assignment CONDOR CAPITAL CORP., 800 South Oyster Bay Road, Hicksville, NY 11801 ~0-SIGNER: Any person signing the Co-Signers Agreement below promises separately and together with all Co-Signer(s) and Buyer(s), to pay tll sums due and to perform a6 agreements in this Contract Co-Signer will not be an Owner of the Vehicle. :0-OWNER: Any persop signing the Co-Owners Security Agreement below gives us a security interest in the Vehicle and agrees separately and ogether with all Co-0wner(s) and Buyer(s), to perform all agreements in the Security Agreement and ail other parts of this Contract except the 'Promise to Pay" section. - 'ERNS: The terms shown in the boxes attove are part of this Contract w u- ...v .... ~.5 ..........v.. ,...... ~ .............. ~r52.2 i payments of S each, andf~g~n~Jlpayment of S Jl7r:Th9ftri4 payr be due on and then payments will be due on that same day of each month folbwing. 'ROMISE TO PAY: You agree to pay us the Total Sale. Price for the Vehicle by making the Cash SECURITY AGREEMENT: To secure the ayment of all sums due and the performance of all awnpayment and assigning the Trade•In, rf shown above, on a before the date of this Contract, and required obli~a6ons under this Contrat,~ you give a security interest in the Vehicle, in all eying us the Amount Finariced plus interest You promise to make payments kt accordance with the parts (called accessions? attached. to the Vehicle at.;3ny"later time, and in any proceeds of a meat Schedule. You omise to make the Vehicle includin insurance rocei:ds. The Assi nee ma set-off an amounts due and y pr paymentr on or before the same day of each month as the p + ~ P y ~ Y Y M payment due date. You agree to pay all other amouttts which may become due under the terms Includes anyemoney which a now ort.tnay: n fhe futu en be dep iped w thtAs~griee by you f this Contract You agree to pay the Seller or Assignee costs of suit You also agree to pay Assignee may do this without any prior nohce to you. :asonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this pDDITIONAI TERMS AND CONDITIONS THIS CONTRACT CONTINUES ON THE REVERSE ~nUact or to protect or get possessan of the Vehicle. You agree to make payments at the place or to SIDE. YOU ARE OBLIGATED TO ALL THE TERMS 17f 'THE CONTRACT WHICH APPEAR ON THE :nd payments to the address which the Assignee most recently specifies in the written police to you. FRONT AND REVERSE SIDES. :LLER Date NOTICE TOBUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY'OF T CO T YOU SIGN. KEEP IT TO PROTECT lEGA1 RIGHTS. 06/07%2tD02 BUYER r (SEAL) ~ d Z..-• D BUYER (SEAL) Date 'O-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE iIGNING THE CO-SIGNERS AGREEMENT. - :O-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 _greements 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 aduce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have jade any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) :o-Srgner's Srgnature Address Date (SEAL) b-Srgner's Srgnature - Address Date -OWNER S SECURITY AGREEMENT: You, the person signing below as "Co-Owner,° together with the Buyer or otherwise being all of the Owners of the Vehicle, +e us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except -the romise To Pay° section. You arc giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) -Owncr's Signature Address -Dale 1 R, CO-SIGNER CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT TIME OF A rER BUYER CO-SIGNER CO-SIGNER OR CO-OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. :ONSUMER fORM PA 23•SLC (Rev. 4/001 - e 2000 BANCONSUMER SERVICE, INC. ~9~~~m` ORIGINAL --..~-~ - :--~-pry -,. s„ ,,•,,W •,, o~~ ~~c ~ ~.rra;uWj ay};o „yneaO„ ul aq IBM noA 'way} fo '" ww~~,J ~yt ~ rwut:ttcy nwpue}ssjrtto""~igti3 ~~''}(ne;ap 3aue 'asne~aq s! a)ej~t }uaw~ted a ~o'tauniO-oO pue ~auHIS-oJ 9adng ay} sueaw-„noA„ y~eJBet¢d s!y; u~:110Y330 'ZI aay} }ey} uosea~ ay};! app aq But a8~eya a}el oN pewee uayxt app ag BIAt a8~eya a}~I '}ae~uo0 s!yj tij'sastword mod a~ oluow IMt a aq, o} step QT;o ssaafca ui y}uodt a;o }~eti.~tte ~a~plsuo~,BjM aM luawde~ f o} a~nlle; mob erne;oa BIM peyaq mod uo s}uaw~(e4'mO •pauoguaw s}yeu ~ay}o ~ ~. }unowe piedun-ay} uo y}uow gad %l aQ ILA a8~eya a}el ayl>ajep pnp s}! ~aues,(ep 4'll!is`aA+:'Mel dq pa}}luuad }ouare yder8ered sly} u! pa}e}s s}y8u mo;o ~(ue }j •,Seda~ OI u!~!"a spew }ou;uaw~(ed rtue ~o; aH~eya a}et a ~(ed_o} saa~H¢ ~a~Sn,O.:3`)ayNO 31V'1 '£ nod Buoj Noy pue s}uawi(ed say};o }unowe ay} asooya ue~ ant 'stuaw~(ed,tly}uow Hui Duey aa} wawit¢d (eull ay} )o:}unowe ay} asnea hurt sjuautded aje(~o~pue dl~e3 'Pa8Je4a wt Huole papuenpe dauotu ay} .tech} o}nob Mope o} asooy~;aM.;l ~s}uawAed_ ~ ~ wl ~l u! ~}!nsa~;6!At;s}uaturSed ~t{re3 •~a~~¢ya a}¢~ le,; alge5ydde,;i,~ueJ;sa~a}u!. r41y}99W, :leuogtppe u~nsa~ Jl!At:s}uaw6ed a}el,;'s!seq;61!ep e;uo,pa}elna}¢~;~!;}saia}w,~snygay j¢t~} at attole (Ij~o'poewap do dla}etpawwl (a :wads dew attole;aM se paauenpe itauow saa~He }aitng •~ead ~epualea }ey} w sdep;o ~agwnu ay} dq papuip,aea a8ejuaaiad lenuuy, ~8# o} a~8e .noA lae~}uo0 sty};o a)ea a8e}uao~ad Ienuuy.ayj.~e saH~etjO aauehy _ _ay} of leriba t! a}e, }seta}w itl!ep ay j :two} ueol_ay};o ~(ep..yo"ea~io }saga}u! 2} j~algn;_~yVgJeq aA--ya!yAt uo a~ueleq ay} o};leyaq ~no6 uo aauenptt aAt•~ta0out ,tue ppe fBM~N1` =_°g_wpU"e}s}ho ay} uo s!seq-itllep a uo }sal'2}iii ~~SH~eya~{ItM'a~~3831Ni~vJNf2ftat>IIO~"'8 '313SNOOA~3SYHONftd O1f100 flOA 3~NUHf1SNl NdHl ~ ~ •sa}ep app palnpatjos'J!ay} uo s}uaw6ed .(I'J SS31(l0A 301AOUd OMI 3AISN3dX3 3a0W Al1NV'J131N91S 38 AYW 3S1fHOZlltd Ile anlaaa~ BIM aM }ey} uogdwnsse ay} uo pa}ndwoa uaaq sey apls;tio~;'ayi-uo uAtoys 1Yt1(1SN1 3Hl 'lae~}uoO sly; uo aAto nod uey} ra}ea~H }ou ;unowe ue o}.pa}Iw!I ae~ey~ aaueuy ayi •paaueuU }unotuy ay} ;o aaueleq Hwpue}s}no ay} uo 61!ep'pa}ndwoa rryernstu yanS sasadmd asay} ro; dauow due aauenpe o};ou ~o ray}ayAti;o aaloya ;saga}ul;o dlalos s}s!suoa aH~e40 aaueu!j ayl •aH~eyO a~uewj ay} pue paaueu!~ }unowy I aM •gloiiyaA ay} o} a8ewep ~o ssol rano~ o} aaue,nsw we}go o} dauow aouenpe dew ay} }o wns ay} s! s}uawded ;o le}ol ayl '031f1dW00 S! 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Icr ».ttl {I tltitr {.(t.tll lllre•w , 111. 1. ~ ' ltui•h t r t rr'tll.rltpclllt trQdul.ce Luni utJ a•14 .1JJ111e.aI ovwiLlT Incest fern J 11 tt d. ul ~Vti 1.1a4t it ~! t•nlJcltd !t 1 bbltt~t Itpljl.~ tbll •L11t/11.• S t el Ir Yrl ~ t•:v>, rir. btu! Ole,l te, P ttuc.t - - r1..an.. 31a~1 ,rrc ,Irl filar lw, 1. L. , D 7/wa•i ~lee'rTb• $Ilrl 1111( err*.t..• -------- ---- l.J ~lO.lt,la..l... _ - rr.V.lrt;,a••y/ l•:t`..~~~j~t. ~f..tJul.y.rL•-wPw..h..t.«La....wt«.J.~J7.u~KN 1»a•{Iw•.v...L~L.t.t..It.aww.t.Ir. a` .t .. i. s..:..w....~ r.•1~..1 e~ d /..I.I..df.t C..t-a. tt<A.. a.nta e~r~uaa laatl•.1..1~J.. J~t...y.{b.t+..ww..r..<1 w.11 1.L1L1'wr. MtL/ f • JL/.r J3~t.r..1.~.1~.,1 ti«rJ..r...-.~.1..1..7ttL~1.J..L.C..i1«r.4.L L.VJ..t ~.,~.l..l.+v ty .... •.Vrlr w. R~•»J.. ~'gfiOAl.w.h.t tal~a.d..L..1.-tl.a/.._..L1r-.r•~L...L.va•a.. «.Irlrwar~--J -r L~ 1 lit. y4il\w. ~ „*, f ai-IY ~~•l tv IrC AtI t.1P.l1ttw 11.N J.. K...4.L..t»1..t4J.......1.t..t~~:...«...Ir•••Ja......u..._..~ tJ i•1 • vlul.tr.l~-....»I.,..t1.rL•-a..tt-71 .art •+a~.'T,.q SttNtltNt Yi,lp r11t.n! ~ •• •. _ ~~~"~' 1 .• t7 a • • r• Sl~rulal• -at l:u.r(1.IrllcJn{ Ilclt ascvc~Eo ~• C~~r~~. THE FrNANCP COMPANY FOR DEALERS 12/27/2005 Via U.S. Mail & Certified Mail No:7005-0390-0000-9270-4521 PATRICIA HENNEGHAN 134 WEST PENN STREET CARLISLE PA 17013 RE: Terminated Loan No.00031055 Dear Mr./Ms".PATRICIA HENNEGHAN On 6/07/02 you entered into the above referenced loan agreement with Condor Capital Corp. for the use of the following vehicle: 2000 PLYMOUTH VOYAGER :1C4GJ44G3YB764242 The loan agreement provided for 66 monthly payments of $452.21 per month plus late charges if'applicable and other fees, as specified in the contract. You made a total of 30 payments. No payments were received after 8/17/2005. On or about 10/21/05 you advised the collections department that yourwarit~d.'to"voluntarily surrender your vehicle. Your vehicle was sold 'for'e=' *****************TWO THOUSAND SIX HUNDRED NINETY AND 50/100 ($2,690.00 We now requesting payment for the balance due on the account, and will advise you that failure to make payments could result in legal action against you for the-full amount of damages and/or a negative credit rating on your credit report. Due to the voluntary surrender of your vehicle you are .liable to Condor Capital Corp. for the sum of: *******THIRTEEN THOUSAND TWO HUNDRED NINETY FOUR AND 28/100 ($13,294.28 pursuant to the terms of the contract. As a result, we are entitled to the above mentioned sum in which credit has been given for the sale of the vehicle. As of this date, the amount due and owing to Condor Capital Corp. is $13,294..28 ~ plus interest', the costs of collection and reasonable attorney fees if we use outside counsel for collection. Please be advised of the following (As per attatched) -LTR14E- ('UNllOR CAPITAL CORP. 8UO.SOUTH OYSTER BAY RD P. O. BOX 9U54 HICKSVILLE N~' 11K1-Z-9us~ (516) 932-9090 ($UU) 536-2000 FAX (516} 932-9156 V1'WW.CUNUURCAP.C'U~1 ''~. ~- ~ '~ ("1 f V ., ~.-~ '~ " f a - -s ` -TI s~, ,< ~ i~ . t .( 1:TF -- .-_ `a7 ` C.~ "< HARVEY, PENNINGTON LTD. BY: THOMAS D. BIELLI IDENTIFICATION NO.: 202100 1835 MARKET STREET, 29'~ FLOOR PHILADELPHIA, PA 19103 (215) 563-4470 Attorney for Plaintiff, Condor Capital Corporation CONDOR CAPITAL CORPORATION, Plaintiff v. PATRICIA HENNEGHAN, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, C~or Capital Corporation in the above-captioned matter. Dated: Thomas D. Bielli (#202100) 1835 Market Street, 29~` Floor Philadelphia, PA 19103 (215) 563-4470 (telephone) (215) 568-1044 (fax) tbielli(a,harvpenn. com Counsel to the Plaintiff 776948_1 C ? ~a C) .--o,{ "1, _ .._..~ ~, {Fry Cry 1._ ~ ; ~ f .Z :_~ te; .is ..G In the Court of Common Pleas of Cumberland County, Pennsylvania No. (/ ~~~. ~~l Civil. ~,,,C,t}~es,~ C=a~-C~l~, cif s7a, 3 7/7 d ~3 - !JD To Prothonotary 19 ~. /~ ~ Attorney forPl:tirttiff No. Term, 19 vs. PRAECIPE Filed 19 Atty. .- ,_~ : <~.' C~ .J ~ _ -._( r- { , _.- ~~ _ (~'~ ."" CONDOR CAPITAL CORPORATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vi. PATRICIA HENNEGHAN, No. 07 - 2151 Civil Term Defendant NOTICE TO PLEAD TO: Plaintiff Condor Capital Corporation c/o Thomas D. Bielli 1835 Market Street, 29`h floor Philadelphia, PA 19103 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted: MIDPENN LEGAL SERVICES Dated: 6 7 (,~ By: y,_ /,. Geoffrey M. Biringer ~ ~I 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Pa. Sup. Ct.#18040 Attorneys for Defendant CONDOR CAPITAL CORPORATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. PATRICIA HENNEGHAN, No. 07 - 2151 Civil Term Defendant ANSWER WITH NEW MATTER AND AFFIRMATIVE DEFENSES AND COUNTERCLAIMS 1. Admitted. 2. Admitted. 3. Admitted that the purchase was made, but denied that the "true and correct copy of the Installment Sale Contract" was attached as Exhibit "A," as the attachment is "cut-off' in part and missing at least most of page three, "Additional Terms and Conditions." 4. Admitted that the credit was extended, but denied that a true and correct copy of Credit Application was attached, as Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 5. Admitted. 6. Admitted. 7. Denied. As set out in Paragraph 3 above, Defendant does not have the entire contract and is without information sufficient to form a belief as to the truth of the averment, and demands proof at trial. 8. Admitted. 9. Admitted. 10. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and demands proof at trial. 11. Admitted in part. Admitted that a letter was sent, but denied that it was a true and correct copy, as Plaintiff's Exhibit "C" refers to an attachment which is not attached. 12. Denied. As more fully set out in New Matter below, Defendant, in addition to a demand for proof at trial of the amount claimed to be due, has defenses by way of setoff against Plaintiff's claim due to Plaintiff's violations of Pennsylvania's Motor Vehicle Sales Finance Act, 69 P.S. Section 601 et. seq., and the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1. WHEREFORE, the Defendant requests that Plaintiff's Complaint be dismissed and judgment entered for the Defendant. NEW MATTER AND AFFIRMATIVE DEFENSES 13. Paragraphs 1-12 are incorporated herein by reference hereto. 14. Plaintiff failed to give Defendant a consumer "Notice to Buyer" at the time of purchase of the motor vehicle. 15. Plaintiff failed to fully inform the Defendant of the consequences of her voluntary return of the vehicle. 16. Defendant received no "notice of repossession", no notice of the pending sale date, place or time of her vehicle. 17. Plaintiff failed to sell her vehicle in a commercially reasonable manner. 1 S. The book value of the vehicle in 2007 is $4,765. AFFIRMATIVE DEFENSE I. Motor Vehicle Sales Finance Act 19. Paragraphs 1-18 are incorporated herein by reference hereto. 20. Plaintiff s failed to provide the Defendant with a completed contract at the time of purchase. 21. Plaintiff failed to provide the Defendant with a "Notice to Buyer" containing consumer notices. 22. Plaintiff failed to advise the Defendant of the consequences of the return of her vehicle, and her rights upon repossession of the vehicle. 23. Plaintiff failed to issue to Defendant a notice of the pending sale of the vehicle and her rights thereunder. 24. Plaintiff failed to sell the vehicle in a commercially reasonable manner. WHEREFORE, Defendant prays that the Plaintiff's complaint be dismissed, the Agreement with the Defendant voided, and or, in the alternative, that the Plaintiff s recovery be reduced by the commercially reasonable value of the motor vehicle at the time of sale. COUNTERCLAIMS II. Uniform Commercial Code 25. Paragraphs 1-24 are incorporated herein by reference hereto. 26. By failing to give the Defendant a notice of repossession prior to sale of the vehicle, Plaintiff has violated Pennsylvania's Uniform Commercial Code. 27. Said violation entitles the Defendant to statutory damages under the Code, pursuant to 13 Pa. C.S §9625c(2). WHEREFORE, the Defendant demands judgment against the Plaintiff in the amount of $11, 845, within the amount requiring referral to compulsory arbitration. III. Unfair Trade Practices and Consumer Protection Law 28. Paragraphs 1-27 are incorporated herein by reference hereto. 29. Plaintiff s failure to provide the Defendant with a completed contract at the time of purchase containing consumer notices, failure to advise the Defendant of the consequences of the return of her vehicle, failure to notify her of the repossession of the vehicle, failure to notify her of the pending sale of the vehicle, and failure to sell the vehicle in a commercially reasonable manner, voids the agreement between the parties, and violates Pennsylvania's Unfair Trade Practices and Consumer Protection Law. 30. Said violations are unfair and deceptive practices in that Plaintiff spent little or no time with the consumer advising her of her rights upon voluntary surrender of the vehicle prior to signing the contract or upon surrender, did not send her a notice of repossession of the said vehicle, spents no time in attempting to sell the vehicle in a commercially reasonable manner, all in an effort to get the Defendant to pay an excessive amount of money for the vehicle she voluntarily surrendered. 31. Said violations entitle the Defendant to damages under the Act of at least $100, and due to the egregious nature of these violations, three times the actual damages, or $6,225. WHEREFORE, Defendant demands judgment in the amount of $6,225 against the Plaintiff, an amount within the amount required for compulsory arbitration. Respectfully submitted: Date: (p /7 / ~ ~ " "t r Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 Attorney for Defendant VERIFICATION I, PATRICIA HENNEGHAN, verify that the facts set forth in the foregoing Answer with New Matter and Affirmative Defenses are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ` ~Q~- Date: ~ / Z ~ Patricia Henneghan CERTIFICATION OF SERVICE I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state that I served a copy of Defendant Patricia Henneghan's Answer with New Matter and Affirmative Defenses by placing same in the United States Mail, postage prepaid to the following person and at the following address: Thomas D,. Bielli ,Esquire 1835 Market Street, 29`" floor Philadelphia, PA 19143 Dated: ~ ~~' l ~ 7 ~,~ ~~ Geoffrey M Binnger 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 f-, ~ o ' C ~ -.; t ~; ~ T. ry ; .. m s"~-~ 1 `? t~ x . '-T, sl _ ~V ~ ~~^ r_.. ....r . _ { v~ ~ ~ ~ '~ t , , SHERIFF'S RETURN - REGULAR CASE NO: 2007-02151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONDOR CAPITAL CORPORATION VS HENNEGHAN PATRICIA JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HENNEGHAN PATRICIA the DEFENDANT at 1534:00 HOURS, on the 3rd day of May 2007 at 134 WEST PENN STREET CARLISLE, PA 17013 by handing to PATRICIA HENNEGHAN 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 5J~ ~t~o 7 ~ 3 Sworn and Subscibed to before me this of day So Answe_rls : /~~ .Sy-yam"` (~.. ~ _ ~.ra~r° ° .a ~,~m T° ,,° . _ R. Thomas Kline 05/04/2007 HARVEY PENNINGTON ~(~ BY ~ ~~~J(X~l ~Y11~(~~ ~ ~ ~ 1 I Dep~ut~y"Sherif A . D . ~J ~/ HARVEY, PENNINGTON LTD. BY: "J" JACKSON SHRUM, ESQUIRE IDENTIFICATION NO.: 92265 1835 MARKET STREET, 29TH FLOOR PHILADELPHIA, PA 19103 (215) 563-4470 913 NORTH MARKET STREET, SUITE 702 WILMINGTON, DE 19801 (302) 428-0719 CONDOR CAPITAL CORPORATION, Plaintiff ; v. PATRICIA HENNEGHAN, Defendant Attorney for Plaintiff, Condor Capital Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 07-2151 Civil Term SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Thomas D. Bielli, Esquire and enter the appearance of "J" Jackson Shrum, Esquire of the firm of Harvey, Pennington Ltd., as counsel for Plaintiff in the abave-captioned matter. %C~ Thomas D. Bielli (No. 202100) HARVEY, PENNINGTON LTD. By: "J" Jackson Shrum (No. 92265) 1835 Market Street, 29th Floor Philadelphia, PA 19103 (215) 563-4470 Dated: ~ ~ J 913 North Market Street, Suite 702 Wilmington, DE 19801 (302) 428-0719 ~azs9~_i C:' ~ -,~ - ~ ~, ~ ~ ~ . f.:.. _ m ~1 ~~ j ~: ~ ~L ) _ _,~., ~''r ~ C.± ~ HARVEY, PENNINGTON LTD. BY: "J" JACKSON SHRUM, ESQUIRE IDENTIFICATION NO.: 92265 1835 MARKET STREET, 29TH FLOOR PHILADELPHIA, PA 19103 (215) 563-4470 913 NORTH MARKET STREET, SUITE 702 WILMINGTON, DE 19801 (302) 428-0719 Attorney for Plaintiff Condor Capital Corporation CONDOR CAPITAL CORPORATION, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. PATRICIA HENNEGHAN, No: 07-2151 Civil Term Defendant ANSWER TO NEW MATTER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS Plaintiff Condor Capital Corporation (hereinafter "Condor"), by and through its counsel Harvey, Pennington Ltd., responds to Defendant Patricia Henneghan's (hereinafter "Henneghan") New Matter, Affirmative Defenses and Counterclaims as follows: NEW MATTER AND AFFIRMATIVE DEFENSES 13. Plaintiff realleges and incorporates paragraphs 1 through 12 of the Complaint as if set forth fully herein. 14. Denied. The Plaintiff gave the Defendant all notices required under the law. 15. Denied. The Plaintiff gave the Defendant all notices required under the law. 16. Denied in part. The Defendant voluntarily relinquished control of the vehicle to the Plaintiff with knowledge that a sale of the vehicle would take place. Further, after a 720561_1 reasonable inquiry, the Plaintiff is without sufficient information or belief as to the truth of this statement, and therefore it is denied. 17. Denied. 18. Denied. After a reasonable investigation, the Plaintiff is without sufficient information or belief as to the truth of this statement, and therefore, it is denied. 19. Plaintiff realleges and incorporates paragraphs 1 through 18 of the Complaint and this Answer to New Matter, Affirmative Defenses and Counterclaims as if set forth fully herein. 20. Denied. 21. Denied. 22. Denied. The Plaintiff gave the Defendant all notices required under the law. 23. Denied. The Defendant voluntarily relinquished control of the vehicle to the Plaintiff with knowledge that a sale of the vehicle would take place. 24. Denied. 25. Plaintiff realleges and incorporates paragraphs 1 through 24 of the Complaint and this Answer to New Matter, Affirmative Defenses and Counterclaims as if set forth fully herein. 26. Denied. 27. Denied. 28. Plaintiff realleges and incorporates paragraphs 1 through 27 of the Complaint and this Answer to New Matter, Affirmative Defenses and Counterclaims as if set forth fully herein. 29. Denied. 30. Denied. 31. Denied. 720561_1 WHEREFORE, the Plaintiff demands that the Defendant's Counterclaims and Affirmative Defenses be dismissed with prejudice, and that the Plaintiff is awarded fees, costs and expenses associated with defending this New Matter. HARVEY, PENNINGTON LTD. By: "J" Jackson Shrum (No. 92265) 1835 Market Street, 29th Floor Philadelphia, PA 19103 (215) 563-4470 Dated: ~ / Z O 913 North Market Street, Suite 702 Wilmington, DE 19801 (302) 428-0719 ~aos6i_~ HARVEY, PENNINGTON LTD. BY: "J" JACKSON SHRUM, ESQUIRE IDENTIFICATION NO.: 92265 1835 MARKET STREET, 29TH FLOOR PHILADELPHIA, PA 19103 (215) 563-4470 913 NORTH MARKET STREET, SUITE 702 WILMINGTON, DE 19801 (302) 428-0719 Attorney for Plaintiff Condor Capital Corporation CONDOR CAPITAL CORPORATION, ; COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. PATRICIA HENNEGHAN, No: 07-2151 Civil Term Defendant CERTIFICATE OF SERVICE I HEREBY certify that on July 13, 2007, I caused true and correct copies of the foregoing Answer to New Matter, Affirmative Defenses and Counterclaims to be served via first class mail, postage prepaid upon Geoffrey M. Biringer, Esquire, MidPenn Legal Services, Suite 103, 401 E. Louther Street, Carlisle, PA 17013. Dated: ~ I HARVEY, PENNINGTON LTD. By: "J" Jackson Shrum (No. 92265) 1835 Market Street, 29th Floor Philadelphia, PA 19103 (215) 563-4470 913 North Market Street, Suite 702 Wilmington, DE 19801 (302) 428-0719 ~ZOSbt_i ~ ~~ _~ t.-> c~ ~ : : r _ n ~ r ~~ "f• !Tt ~ (;il ' l~, .. j ~ r_' ~`~ __ ; ....._ - ~ ~.j tt{ wti ~ C