HomeMy WebLinkAbout03-4900IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
)
v. )
)
REGIS G. GREENWAY AND NANCY M. GREENWAY )
)
Defendant(s) )
)
) NO.
)
)
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
GREENWAY, REGIS 1114.144.wpd
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
REGIS G. GREENWAY AND NANCY M. GREENWAY
Defendant(s)
)
) NO.
)
)
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 afier 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 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
)
) NO.
REGIS G. GREENWAY AND NANCY M. GREENWAY )
)
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:
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 Regis G. Greenway, an adult individual, who is believed to currently
reside at 1107 Saffron Drive, Mechanicsburg, PA 17055.
3. Defendant is Nancy M.. Greenway, an adult individual, who is believed to currently
reside at 1107 Saffron Drive, Mechanicsburg, PA 17055.
4. On or about January 31, 1997, the aforesaid Defendant entered into a written
automobile lease agreement (hereinafter "Lease") for personal property. A true and correct copy of
the Lease is attached hereto, marked as Plaintiff's Exhibit "1" and incorporated by reference.
thereof.
6.
Plaintiff is the holder of the lease and is entitled to payment under the terms
Defendant is in default for failing to pay in accordance with the temas of the Lease,
and Plaintiff sustained a loss as a direct and proximate result of Defendant's breach.
7. The outstanding balance due from Defendant to Plaintiff is $2,190.97, plus interest
at the legal rate of per annum from April 3, 2000.
8. Plaintiff avers that Defendants defaulted under the Contract by t:ailing to make
payments to Plaintiff as promised.
9. Despite repeated request, Defendant has willfully failed and/or refused to pay the
aforesaid sum due.
10. The terms of the Contract provide that Defendants will pay Plaintiff's reasonable
attorney's fees.
11. Plaintiff avers that such attorney's fees will arnount to $ 700.00.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the
amount of $2190.97, interest at the legal rate, reasonable attorney's fees in the amount of
$700.00 with continuing interest thereon at the legal rate from the date of Judgment plus costs.
Respectfully Submitted:
PaTe & Felix, A.P.C
AGREEMi=NT Ioi/31/57
HZCI~'S ~ORTH HILLS CNRYSLER PLYHOOTH INC. P~I^~D~[~J~PE^~^"°"~XNCY H 6REENNA¥
7670 I'ICKN]GNT ROAD 1107 SAFFRON DRIVE 1107 SAFFRON DRIVE
PITTSBURGH, PA ]5Z37 ~tECHA#ICSBIJR6 PA ]7055 HECHANICSBUR6 PA 17055
"Ch ysler Financial,, is ChP/sler Financial Corporation The ,Holder. is~OLO KEY LEASE ]NE and its assigns.
X~
X~q
~ NEW ~DEMO
VOYAGER ~ USED 5 2P46P4438VRZ40184
Capitalized Cost .............................................. ; ...... $ ZZ363.00
CapitaliZed Cost Reduction .................................... - $
Net CapitaJized Cost ............................................... $
Residual Value ....................................................... - $
Lease Depreclatlofl ................................................. $
Lease Charges ....................................................... + $
Total of Sase Monthly Payments ............................. $
Lease T~rm ............................................................ + 36 MOnths
Base Monthly Payment ........................................... $ ~'~, 48
USe or Lease TAx ................................................... + $ 32,44
+ $ N/A
Total Monthly Payment ........................................ $
Total at Monthly Payments .............................. $ 14~45.1~'
Capllallzed Cost Reduction .................................... $
Security Deposit ..................................................... + $
First Montflly Payment ............................................ + $
Registration Fee ............................................. :,:~ + $ ~*4.00
Ceriificate of Tiffs Fee ............................................ + $ 15,00
DOC/NOTARY FEES + S 31 0.~_0
~TA TIRE TAX + $ 5.00
AX ON CASH OUWN + S 44.55
Total Amoum Due at Lea~e Signing ................... $ 1007.47
~h ....................................................................... $ 1007.47
Net Trade-In AIIowar ~ce Used ................................. + $ N/A
Rebalaa Used ........................................................ + $ N/A
Total .................................................... S 1007.47
$_ 1~.'38 .lllisamountmaychangelfYoumove.
$ N/A
$ N/A
$ N/A
$ N/A
Paymentsaredueonthe~T day~[~mon~durl~ofthis ffYou~ ot~ythe~hideat~e~ofmisLe~e, Youmayr~i~amfund
Lea. wm e.d ~ FEB 0] Z~U ~er unused mite ~r ~0 nu~urchas~ miles
~717-766-t331 ~~
DEB SHELLEY / STATE FARH RE6[S G 6REENNAY NANCY H 6R//NNAY
5ZZ] SJHPS0~ FEERY ROAD ]]07 ~FFRON DRIVE
HECHANICSBURG PA 17055 HECHANICS~R6 PA 17055
SEE BACK OF THIS LEASE FOR ADDITIONAL TERMS AND CONDITIONS
NOTICE TO THE LESSEE: (1) CAUTION-~T IS IMPORTANT THAT YOU THOROUGHLY BEAD THIS LEASE BEFORE YOU SIGN IT. (2) DO NOT SIGN THIS
LEASE BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES TO BE F~LLED IN. (3) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF
THIS LEASE. (4) IFYOU DO NOT MEET YOUR LEASE OBUGATIONS. YOU MAY LOSE THE VEHICLE.
-
,o the terms of tho agreements hatwee~ Ho der. I HICK S NORTH HI~t~ CRR
~F~I~ Ill
1.~ VEHrCLE NSURANCE 12~ VEHICLE MAINTENANCE AND OPERATION COSTS
cept' -,...-~1...i -' .,. , i~[fh_~nl¢, ,,f,[[ agreetofeUowtheowner'smanualaedmai¢ e
agree to buy a separate agreement %~t~ ~¢
as a private or public carrier Yau will keep this Lease and the Vehicle lree of
all liens You will not assign or sublease the Lease or the Vehicfe w~ul
Chrysler Pinancial's written consent.
I
from the insurance required under this Lease, and You
j~ VOLUNTARY EARLY TERMINATION
You may terminate this Lease early. If YOU do, YOU must return the Vehicle to
the Lessor, You must also pay Chwsler Financfel en early termination fee of
$250 plus the difference between the Unpaid Ne/Capitalized Cost and the
Fair Market WholeSale Value of Ihe Vehicle, plus any other amounts than
due
Unpaid Net Capitalized Cost is reduced each Monthly Payment due
date. It is calcufeted by reducing the Net Capitalized Cost each month
by the difference Of the Base Monthty Payment and the Lease Charges
earned in that month on an actuarial basis
FeirMartrj~ ~Vbt bo~esale VaJue, at Your option, wifl be either (a) the amount
YOU an(~llJ~ysfer Financial agree to, (b) the whofesale value of the
Vehicle as delerm feed by a professional appraisal obtained by You at
Your ex/~Cf~Je from an independent third party agreed to by Chrysler
Financial, or {c) the net amount received by Chrysler Financial after
selling the Vehicle at wholesale
r~l ~J.~lrJ~ tear. That damage would include, for example: a glass, body
all amounts then due under this
'19j SECURIT~ bEPOSIT
The security deposit may be used by Chrysler Ffeancfel to pay any amounts
that You do not pay under this Lease YOu will not earn interest on the secu-
rity deposit
2~ MODIFtCATION
The few t~ ~ apply to this Lease ) ~h~l~q of the state where this Lease
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S, Section 4904
relating to unsworn 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 tn~e and correct to the best of her knowledge, i~fgrmation and belief.
~Linda Salameh v
SHERIFF'S RETURN -
CASE NO: 2003-04900 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJ~ND
DAIMLERCHRYSLER SERVICES
VS
GREENWAY REGIS G ET AL
REGULAR
DAVID MCKINNEY ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
GREENWAY REGIS G
DEFENDANT , at 1723:00 HOURS,
at 1107 SAFFRON DRIVE
MECH3~NICSBURG, PA 17055
REGIS G GREENWAY
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 19th day of September, 2003
by handing to
& NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.97
Affidavit .00
Surcharge 10.00
.00
36.97
Sworn and Subscribed to before
me this ~ day of
~ a6q33 A.D.
Proehonota~ '
So Answers:
R. Thomas Kline
09/23/2003
PATENAUDE & FELIX
By:
Deputy Sheriff
SHERIFF'S RETURN -
CASE NO: 2003-04900 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DAIMLERCHRYSLER SERVICES
VS
GREENWAY REGIS G ET AL
REGULAR
DAVID MCKINNEY ,
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 19th day of September, 2003
by handing to
true and attested copy of COMPLAINT & NOTICE
together with
says, the within COMPLAINT & NOTICE
GREENWAY NANCY M
DEFENDANT , at 1723:00 HOURS,
at 1107 SAFFRON DRIVE
MECHANICSBURG, PA 17055
REGIS GREENWAY, HUSBAND
a
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 09/23/2003
PATENAUDE & FELIX
Sworn and Subscribed to before
me this ~ day of
iP~othonotary · ;
By:
Deputy St~eri f f ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
)
v. )
)
REGIS G. GREENWAY AND NANCY M. GREENWAY )
)
Defendant(s) )
)
) NO. 03-4900 - Civil
)
)
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of
DaimlerChrysler Services
North America LLC
Counsel of Record for This
Party:
Gregg L. Moms, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
GREENWAY, REGIS 1114.144.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
REGIS G. GREENWAY AND NANCY M. GREENWAY
Defendant(s)
)
) NO. 03-4900 - Civil
)
)
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 April 3, 2000
Attorney's fees
TOTAL
$ 2,190.97
$ 465.62
$ 700.00
$ 3,356.59
With continuing interest on the principal amount of $3,356.59, 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.
e & Felix, A!.C.
By: gg~o~
~' Gre
Pateaaude }& ~x], A.P.C
213 ~. M~in Street
Came'g4~,, PA 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
REGIS G. GREENWAY AND NANCY M. GREENWAY
Defendant(s)
)
) NO. 03-4900 - Civil
)
)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.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, Regis G. Greenway, is not
in the military service of the United States of America to the best~ofhis knowledge, information and
belief and certifies that Notice of Intent to take Default Jud.gorfi~nt was mailed in a~cordance with
Pa.R.C.P. 237.1, as evidenced by the attached copy. /~_~ /~ ~
By: ~eg~ ~ut~xx --> ...__
eatenaud~ & Fp~ A.P.C
T~3 E. M/ain
Ca'~egSlh, PA 1S~
(4 l 2')'~29-'7675
Sworn to and subscribed before me
this ~,~t,l> day of 0 ~J'0l~O~
Notary Public ~
COMMONWEALTH OF PENN~YLVN~IIA
D~c,--~h L Zara~, ~,k~-t laublo
2003,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
REGIS G. GREENWAY AND NANCY M. GREENWAY
Defendant(s)
)
) NO. 03-4900 - Civil
)
)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.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, Nancy M. Greenway, is
not in the military service of the United States of America to t~best of his knowledge, information
and belief and certifies that Notice of Intent to take DefaulJ/Juogement was mailed ~n accordance
with Pa.R.C.P. 237.1, as evidenced by the attached cop
Patenaudj6 & gJ~lx~ A.P.C '
213 iE. ~ain
CarnY, fire, PA 15'106
(412) 429-7675
Swom to and subscribed before me
this ~_ day of
Notary Public
COMMONWEALTH OF P~NN$YLVANi'~ '
2003,
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
)
v. )
)
REGIS G. GREENWAY AND NANCY M. GREENWAY )
)
Defendant(s) )
)
) NO. 03-4900 - Civil
)
)
IMPORTANT NOTICE
Filed on behalf of
DaimlerChrysler Services
North America LLC
Plaintiff
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
GREENWAY, REGIS 1114.144.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DAIMLERCHRYSLER SERVICES NORTH
AMERICA LLC
Plaintiff
REGIS G. GREENWAY AND NANCY M. GREENWAY
Defendant(s)
)
) NO. 03-4900 - Civil
)
)
To~
Regis G. Greenway
1107 Saffron Drive
Mechanicsburg, PA 17055
Nancy M. Greenway
1107 Saffron Drive
Mechanicsburg, PA 17055
Date of Notice: October 10, 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. 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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
800-990-9108
By:
(412) 429-7675
I, Gregg L Morris, attomey for Plaintiff, DaimlerChrysler Services North America LLC,
hereby certify that a tree and correct copy of the foregoing document was served this date by US
First Class Mail, postage prepaid upon the following:
Date:
Regis G. Greenway
1107 Saffron Drive
Mechanicsburg, PA 17055
Nancy M. Greenway
1107 Saffron Drive
Mechanicsburg, PA 17055
Patet~au~ e 8/fi~lx, A.P.(~.
Attorfl'6ys f~ Plaintiff
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675