HomeMy WebLinkAbout03-3613IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
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COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
DaimlerChrysler Services
North America LLC
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa I,D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
FAHNESTOCK, EARL. 1022.585.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
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) NO.
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NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in thc following pages, you must take action within TWENTY (20) DAYS after this Complaint and
notice arc served, by entering a wfittcn 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 fights 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
800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, DAIMLERCHRYSLER SERVICES NORTH AMERICA LLC,
by and through its attorney, GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE
& FELIX, A.P.C and files the following Complaint in Civil Action, and in support thereof aver as
follows:
1. Plaintiff, DaimlerChrysler Services North America LLC is a corporation with
offices at 10 Penn Center West, Building #3, Suite 421, Pittsburgh, PA 15276.
2. Defendant is Earl S. Fahnestock, Jr., an adult individual who is believed to
currently reside at 653 Alexander Spring Road, Carlisle, Pennsylvania 17013.
3. Defendant is Rebecca Fahnestock, an adult individual who is believed to currently
reside at 160 Gordon Drive, Carlisle, Pennsylvania 17013.
4. On or about January 8, 1997, the aforesaid Defendant entered into a written
Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a
dealer (Seller) as mom fully set forth in said Contract. A tree and correct copy of the
Contract is attached hereto, marked as Plaintiff's Exhibit "1" and incorporated by reference.
5. "Seller" thereafter assigned the Contract to Plaimiff, DaimlerChrysler Services
North America LLC.
6. Pursuant to the terms of the Contract, Defendant was to make Sixty (60) payments
of $334.88 commencing on February 8, 1997.
7. The terms of the Contract provide for termination upon satisfaction by Defendant
of all obligations provided thereunder.
8. Plaintiff avers that Defendant defaulted under the Contract by failing to make
payments to Plaintiff as promised.
9. Due to Defendant's default under the Contract, Plaintiff exercised its rights to
terminate the Contract and retake possession of the vehicle.
10. After calculating early termination charges due to Plaintiff, and proceeds from sale,
if any, Plaintiff avers that a deficiency balance of $4,507.03 is due from Defendant as of October
19, 2001.
11. The terms of the Contract provide that Defendant will pay Plaintiff' s reasonable
attorney's fees.
12. Plaintiff avers that such attorney's fees will amount to $1,500.00.
13. Despite repeated request, Defendant has willfully failed and/or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the
amount of $4,507.03, interest from the date of breach, reasonable attorney's fees in the amount of
$1,500.00 with continuing interest thereon at the legal rate from the date of Judgment plus costs.
Respectfully Submitted:
21 EMain ~r~et)l
Cd ,gie, P/~ 15k~6~x~,
(4 ,x~Y-7675
RETAL NSTALLMENTCONTRACT~ r/~l:I FAH;~F,10 I OT PFBE¢IA F,~HNE TO I [UMBERLANLI V/,LIE'~ ['P I1;[ (,,~ /:]
1. Caah Price
5. Amount Financad {3 + 4e)
$19435.00
SEE BACK OF THIS CONTRACT FOR ADDITIONAL TERMS AND CONDITIONS
NOTICE TO BUYER: Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights.
This contract is nct binding upon either Sellel ur Buyer until signed by an authorized represeutative of Belier, YOU, THE BUYER, MAY CANCEL THIS CONTRACT
AND RECEIVE A FULL REFUND AT ANY TIME BEFORE YOU RECEIVE A COPY OF THIS CONTRACT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER DY
GIVING WRI1TEN NOTICE OF CANCELLATION TO SELLER. If the Property is a USED motor vehicle and unless ntha~vise modified in writing, the following notice
is applicable. NOTICE: "AS IS." THIS MOTOR VEHICLE IS SOLD AS IS WITHOUTANY WARRANTYEITHEX EXPRESSED OR IMPLIED. THE BUYER WILL BEAR THE
ENT/RE EXPENSE OF REPAIRING OR CORRECTING ANY DEFECTS THAT PRESENTLY EXIST OR THAT MAY OCCUR IN THE VEHIGI F.
BUYER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-IN COPY OF THIS CONTRACT.
! (:>..~/ ,2~ '~-../'~,o.~_.~./. I - ~r~
THIS CONTRACT IS ACCEPTED BY THE CREDITOR ~ELLER) AND ASRIGNED TO CHRYSLER FINANCIAL CORPORATION IN ACCORDANCE WITH THE TERMS OF THE ASSIGNMENT
SET FORTH ON THE REVERSE HEREOF./
ADDITIONAL TERMS AND CONOmONS
WARRANTIES WE DISCLAIM. You aoree that you are buying the Vehicle "AS IS" and that there 8re ne implied warranties Df merchantability, fitness far a particular purpose, or olher
warranties, express or implied, covering the vehicle unless: 1, the vehicle is of 8 type normally used for personal, family or household purposes, and 2, the vehiole was manufactured
NOTICE: THE INFORMATION YOU SEE ON THE WINDOW FOHM FOR THiS VEHICLE IS PART OF THIS CONTRACT, iNFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY
PROVISIONS IN THE CONTRACT OF SALE.
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unswom falsification to authorities, that she is, Linda Salameh, Attorney Agency
Supervisor, of Daimler Chrysler Services North America LLC, Plaintiff herein, that she is duly
authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil
Action are tree and correct to the best of her knowled d' cqief.
L~/da Salameh
SHERIFF'S RETURN -
CASE NO: 2003-03613 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DAIMLER CHRYSLER SERVICES NORT
VS
FAHNESTOCK EARL S JR ET AL
REGULAR
BRIAN BARRICK ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
FAHNESTOCK EARL S JR
DEFENDANT , at 1527:00 HOURS,
at 653 ALEXANDER SPRING ROAD
CARLISLE, PA 17013
NORMA BLACK, MOTHER
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 30th day of July , 2003
by handing to
& NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this ~ day of
'P~othonotary ' '
So Answers:
R. Thomas Kline
07/31/2003
PATENAUDE & FELIX /I
Deputy Sheriff
SHERIFF'S RETURN -
CASE NO: 2003-03613 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DAIMLER CHRYSLER SERVICES NORT
VS
FAHNESTOCK EARL S JR ET AL
REGULAR
BRIAN BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
FAHNESTOK REBECCA
DEFENDANT , at 1822:00 HOURS,
at 160 GORDON DRIVE
CARLISLE, PA 17013
REBECCA FAHNESTOCK
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according
was served upon
on the 30th day of July
by handing to
& NOTICE
to law,
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
19.45
Sworn and Subscribed to before
me this ~ ~ day of
0/_.~..7,,¢*~,~ ~7/,~; :{ A.D.
So Answers:
R. Thomas Kline
07/31/2003 ~
PATENAUDE & FELIX
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaimiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
NO. 2003-03613
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of
DaimlerChrysler Services
North America LLC
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
FAHNESTOCK, EARL. 1022.585.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
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) NO. 2003-03613
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PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer to
Plaintiff's complaint.
Amount claimed in Complaint
Interest from October 19, 2001
Attorney's fees
TOTAL
$ 4,507.03
$ 789.68
$ 1,500.00
$ 6,796.71
With continuing interest on the principal amount of $6,796.71, with interest at the legal rate,
plus costs of suit.
I hereby certify that a written notice of intention to file this praecipe was mailed to the
defendants and defendants' counsel (if known), after the default had occurred and at least ten (10)
days prior to the date of the filing of this praecipe. A copy of the Notice is attached.
By:
f/~ !gg ~r~ s. Esq. ui..r~'~
Pal snaudj~ d~.*el .x, A.P.C
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
)
) NO. 2003-03613
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PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037Co)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
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SS.
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Gregg L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant, Earl S. Fahnestock, Jr., is
not in the military service of the United States of America to th,
and belief and certifies that Notice of Intent to take Default
with Pa.R.C.P. 237.1, as evidenced by the attached copy/
/
By: ~egg
Patena
213E.
Carnegie
best of his knowledge, information
ordance
;.& F~-/i~A.P/C '~
(412) 429-7675
Sworn to and subscribed before me
this_~p'I> dayof ~c:~r:mac-ae-
Notary Public ~
2003,
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
NO. 2003-03613
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA. ILC.P. 1037(b)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Gregg L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant, Rebecca Fahnestock, is
not in the military service of the United States of America to the best of his knowledge, information
and belief and certifies that Notice of Intent to take DefaS~-4~g'~ment was maile in accordance
with Pa.R.C.P. 237.1, as evidenced by the attached copy/ -~ ~V
BY: ~Gr~~ ~
Pat{naude & ~e~x, A.P.C
213 ~. Main/~et)
Carn~e,~rA 151'0'6
(412) 429-7675
Sworn to and subscribed before me
t~is,~~-t> dayof $~f]r~t~,~(z-
Notary Public ~
2003,
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
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) NO. 2003-03613
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IMPORTANT NOTICE
Filed on behalf of
DaimlerChrysler Services
North America LLC
Plaintiff
Counsel of Record for This
Party:
Gregg L. Moms, Esquire
Pa I.D. #69006
Pmenaude&Felix, A.P.C.
213 E.M~n S~eet
Camegie, PA 15106
(412)429-7675
FAHNESTOCK, EARL. 1022.585.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaimiff
EARL S. FAHNESTOCK, JR. AND
REBECCA FAHNESTOCK
Defendant(s)
)
) NO. 2003-03613
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To:
Earl S. Falmestock, Jr.
653 Alexander Spring Road
Carlisle, PA 17013
Rebecca Fahnestock
160 Gordon Drive
Carlisle, PA 17013
Date of Notice: August 20, 2003
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. ]F 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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
800-990-9108
I, Gregg L Morris, attorney for Plaintiff, DaimlerChrysler Services North America LLC,
hereby certify that a true and correct copy of the foregoing document was served this date by US
First Class Mail, postage prepaid upon the following:
Date:
Earl S. Fahnestock, Jr.
653 Alexander Spring Road
Carlisle, PA 17013
Rebecca Fahnestock
160 Gordon Drive
Carlisle, ?~q..013
/ Pa~enaude ~ ~el~/A.P.C.
Attorneys/for l~fitiff
213~.~n Street
Cam~-gie, PA 15106
(412) 429-7675