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HomeMy WebLinkAbout07-56957 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff 1 S) "/2Sy-"/ 161 PRIMUS FINANCIAL SERVICES P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. LAWRENCE DYNARSKI 121 A Sheaffer Road Carlisle, Pa 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. Qr] - 5bq, ' C i Vi ( (erm Defendant(s). CIVIL ACTION COMPLAINT 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 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. AVISO Le ban demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notiticacion. Hace falta asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, In corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (115) /2Sy- / 101 PRIMUS FINANCIAL SERVICES P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. LAWRENCE DYNARSKI 121 A Sheaffer Road Carlisle, Pa 17013 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. CIVIL ACTION COMPLAINT 1. Plaintiff, Primus Financial Services, is a Corporation with its principal place of business at P.O. Box 6508, Mesa, State of Arizona. 2. Defendant, Lawrence Dynarski, is an individual who resides at 121 A Sheaffer Road Carlisle, Pa 17013. 3. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 4. On or about February 5, 2002, the Defendant(s) entered into a written Motor Vehicle Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of obtaining financing in the amount of $20670.60, at an annual percentage rate of 19.000%, in order to purchase a certain motor vehicle, a 1998 Dodge Caravan, more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $319.51 for a period of 60 months until the loan was paid in full all as is more fully set forth in the Contract. 6. Defendant(s) made payments until July 10, 2006, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 7. As a result of the default by Defendant(s), and pursuant to the terms of the Contract, all balances due on the Contract are subject to finance charges in the amount of 19.000% until such time that the balance is paid in full. By reason of the default, the Defendant(s) is indebted to Plaintiff for the balance of $5606.73. 9. In addition to the foregoing, there is due from the Defendant(s) interest in the amount of $ 804.10. 10. The total amount due and owing is $6410.83. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $6410.83 as well as additional interest that may accrue and such other and further relief as this Court may deem equitable and just. Respectfully submitted, MAURICE & NEEDLEMAN, P.C. pUt" ARLENE A. TA L , ESQUIRE Attorney for Plaintiff VERIFICATION I, CHARLENE A. TAYLOR, ESQUIRE, verify that I am the Attorney of record for Plaintiff, PRIMUS FINANCIAL SERVICES, and duly authorized to make this verification on its behalf, that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. BY: CHARLENE A. TAYLOR, ESQUIRE DATED: •k PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT Ik?er (and Co-Btryer) Name and Address (Including County and Zip Code) D)A4 - CREDITOR (Sailer Name and Address) i I v R v M I %7GI A! £NCE 121 A =.1-IEA4-TER FLt mar g, nc. ?( -nr 5 50 Main Street F9 I C*LIStE Pit 1761:= -tteber East Petersbur 2?p g PA 175 pz R ale l Yau, tlw sayer (ad Co•sWK R any), tail buy der vehicle dons lbed below for cash von Crean. The "Cab Ptoa" shown plow lathe "Teri sw fRla" aitsam below is an , - M prka By signing this contract. you theme to buy an eadh under ? Me agreements on the hat New/Used Year and Make Model GVW T Truck (1411.) 1 Ve de Idenlill ll Number Use For Which Puift ? Personal ? Agr Wtural U 95th VPN 45C4 %7 r ? Co"M erblel INSURANCE Trade-in 1289 Plymnuth $ 15W-M S N_A_ Vev and Melee Gross Allowance Amount Owing YOU MAY OBTAIN VEHICLE INSUR- ? ITEMIZATION OF AMOUNT FINANCED ANCE FROM A PERSON OF YOUR CHOICE. 1. Cash Price ... . .. .... .. ... ..... . . . . .. S 12M I .pips (1) 2. Down Payment YOU ARE NOT REQUIRED TO OBTAIN Rebates Assigned to Creditor .............. $ N-A_ CREDIT LIFE, CREDIT DISABILITY Cash Down Payment .................. S N- A- AND OTHER OPTIONAL INSURANCE. Trede4nI" Pl=ilt 15p)gl_PiR,$ N_A_ S 15t76I-M THIS CONTRACT WILL NOT INCLUDE YenaceMw 0-"'0'Y1' M i00* THEM UNLESS YOU SIGN AND Total Down Payment .................... $ 150191- on (2) AGREE TO PAY THE PREMIUM. 3. Unpaid Cash Price Balance (1 minus 2) ... ..... . .. **0501 M (3) 4. Amounts Paid on Your Behalf (Seller may be weighting a portion of fines amounts) THIS CONTRACT DOES NOT INCLUDE To insurance Companies tor: LIABILITY INSURANCE COVERAGE Credit Life Irlt.mance, (tor term of cordraet) ....... S tel. A_ FOR BODILY INJURY AND PROPERTY Credit DISOMNty Insurenee (for term of contract) .... $ N A_ DAMAGE CAUSED TO OTHERS. I (Term - Months (Estimate)) . . $ N -A To Public Officials (I) for license (SN-A- 1, rule ( f. ). & ? Credit Life registration (sKI A ) fees $'.2 Insurer (u) for hang fees $ ci $ N.A. (iii) tot taxes (not in Cash Price) S 6%fa- W $ 71 a -':nA Premium Insured(s) To for Messenger Service ... $ N A ToHPnry4 Maarig fuFf7f- W S 55 W Signature(s) To Fhly fem. S quo W To few S N.A. Credit Total ............................ $ 17ig•?rx (o) ? Disability S. Amount Financed (3 plus 4) .. . S 1'i"A 20 (5) Insurer $N A. j FEDERAL TRUTH-IN-LENOING DISCLOSURES Premium Insured ANIMAL FINANCE Amount Total of Total Sale Signature PERCENTAGE CHARGE Financed Payments PrIce RATE The dollar amount Tha amount The amount The total cog of your The cost of your the cr.0 IN cost you d credit provided you WIN here paid whan p N. A. ? .1 as a yearly rate to you or on your behaa you h a all ? credit including your Type of Insutanoe NT?rm schedutsd do a rnents t?311? 6(3 d ?7{3 b6 Insurer Premium S . g . Signature Ntanbtr of Amount of Each When Pwmenta ment Schedule -),X Payments Pmt ere Pa Credit Lire and cradle m..bimy In— are I I Th d f t f M t it y Your payment schedule R $ . l 4.51 monthly slay" tar or erm o e amoun en * covareges are shown M a notice or agreement will be: 1 final $,41q-91 R:l199r1yWA given to you today. ? You must bmum am vehicle. N a charge Is shorn below, the Credlew win try to buy am coveregp checked for the term shown. Cover- ages win be based on the cash value of the vaNcle at time of 1088, but not more then the Wnnile of the policy. i Prepayment: If you pay off your debt early, you will not have 10 pay a penalty. ? Comprehensive ? s N. A. Deductible Leto Payment YOU milt pay a late charge on the potion of each payment received more Van 10days rate. The charge is 2 pwmd tN line its mrtolatt a $som, whimever is less. 001115103 Sio rky It West: You we g" a security Interest in the vehicle being purchased. ? tke•Thstl•Cdntbrted Additional Coverage CartraW: Please NO lift cause for additional kdonmton on aerurity Interest, O Towing and Labor nonpayment, debt, the dgm to reWire repayment at your debt in fuse before the ? Tenn MofM (EBOM se) scheduled debt. and prepayment penalty. Premium S-N A. If you do not maBl your CWWW oblgstons, you may lose the vehicle that you am financirg under We conbad, as well W both pans and goods put on the vehicle and money or goods received for the vehicle. QUESTIONS? OfFMO FICATION DISCLOSURE Jr. go Any change In th{a rm t•4e 1. jrMirg and signed by you and the Creditor. INIMM SI _ slow, NOTICE TO BUYER: FINANCIAL SRRVICBS You are entitle to an copy of the contract you sign. PLEASE CALL US AT 1-8oDdl4rr8ogD Keep It to of our legal rights. 97.002 I BUYER (CO) BUYER SIONa Buyer acknowl ge of a us and completely filled In copy of this contract at the time of signing. I ly a ng , M ==De contract. R na ether Assigns Ise tamed ti a saparats salon the Seller avolans R to P:lmuS Ffn:11 80zea. ?n^ PAFS 17637-81 J. 99 P[Wtou echoes mW NOT he us W. SEE BACK FOR ADDITIONAL AGREEMENTS. ORIGINAL EXHIBIT 14 ADDITIONAL AGREEMENTS Palnnents and Sumn ay Notice: You must make all payments when dreg are' due. You may prepay your debt at any time without perreny. This is a simple Interest contract. The actual finance charge you agree to pay will depend on your payment patterns. The actual Monica charge may eased tie disclosed finance Charge M you make your payments War than the scheduled dabs or In lees than the scheduled amount. The Creditor will apply your payments ft to the owned and unpaid pat of the Finance Charge rte then to the unpaid Amount Financed, The Firm Charge is earned by applying the Annual Percentage Rate to lute unpaid Amount Financed for the equal time the unpaid Amount Financed Is outstanding. If the vehicle Is repossessed, you will not have a right to reinstate the contract unless the Creditor agrees. B. Security Interest You give Me Creditor a security interest In: 1. The vehicle and all parts or other goods put on the vehicle; 2. AN money or goods received for the vehicle: and 3. All insurance premiums and service contracts financed for YOU. This secures payment of all amounts you owe In this contract. It also secures your other agreements in this contract. Use of VWdcls - WARRANTIES: You must take care of the vehicle and obey ell laws In using it. You may not sell or rent the vehicle, and you must keep It free from to claim of others. You will not use or•pemdt the use of de vehicle Outside of the United States, except 'for up to 30 days in Canada or Mexico. without the prior writlen consent of go Creditor. I Ira vehicle Is of a type normally used far personal use and the Creditor. or the vshlcW s manufacturer, extends a written warranty or service cadre[ covering the "Note within 90 dye from the data of this contract, you get Implied wsrmiles of msiahi ntabilky and firresa for a particular purpose coveting On vehicle. Otherwl", you understand and agree that than an no such implied warranties, except as otherwise, Provided. by stab low. D. lnsursewAr You must tram yourself and the Omcftx against loss or damage to the vehicle. The Creditor must approve the We and armours of insurance. 0 th Creditor obtains a refund on Innsuryncs or service contracts, the Creditor will subbed the refund from what you owe. Whether or not the vshIcb Is freured, you must pay for It N It Is lest, damag14 or destroyed. F. Delaua: You will be In do" W.- 1. You do not make any payment when it Is due: or 2. You gave false or misleading information op your application relating to ibis canoed or . 3. Your vehicle is selzed by any local, stale, or federai authority and Is not promptly and unconditionally returned to you; or 4. You file a bankruptcy Mellon or one is Ned against you: or 6. You do not keep any cesr agreement In this contract. If you are In dafaut, the Creditor may require you to pay at once Vie unpaid Amount Financed. the eared and unpaid pan of the Finance Charge, and all other amounts due under Oft contract. He may repossess (take back) the vehicle, W. Ha may also take goods fount In the vehicle when repossessed and hold tram for you If the vehicle is taken back, he will send you a notice. The notice will state net you may redeem (buy back) the vehicle. It will atao show the amount needed to redeem. You may redeem the veNde up to tie time the Creditor sells it or agrees to sell it If you do not redeem the vehicle, it will be sold The Creditor will use tie money from the sale, lees Nte allowed expenses, to pay rill amount attA awed on this contract. Expenses paid as a direct result of having to retake the vehicle. hold it for ads, and sell it are, as permitted by law, allowed expanses. Lawyers' fans and legal costs permitted by law are allowed, too. The Creditor will payyou any money left (asupkts)_ You will pay arty money still owing after the sale to the Creditor, N allowed by low. I you do not pay this amount when the CmMw asks, the Creditor may charge You Interest at the highest lawful rate edit you pay. G. General: To contact PRIMUS Financial Services about INS account, call 1-(500) 945-80011. The law of Pennsylvania applies to Via contrail I that law does not allow all of'tle agresmbnts.in ids contract, the ones that are not allowed will be vold:. The rest of this borract will still be good. FTC NOTICES. If a charge for vehicle insurance is shown an the frond, the Creditor wig try to buy the coverages checked for term shown. The Cred tor is net Valois, though, tl he cannot do coo. I these coverages coat more Man the amount down for Insurance, the Cnxftw may buy Own for a darter term or he may give you credit for the amount shorn. I he cannot buy am I skaance, he will give you credit br the amount shown The credit will be made to the last payments due. E. Lab Charge: You will have to pay a late charge on the portion of each payment received more than tan days IWe. The change Is shown on the front. Acceptance of a We payment does not excuse your delauk or mesh tied you an keep making payments after they are due. The Creditor away Woe One straps she forth In this contract 9 there Is any defaudt NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ABBERT AGAINST THE SELLER OF GOODS. OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY. HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Used Motor Vehlole Buyaa Gulch If you are buying a used vehicle with this contract federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. GUARANTY . To cause the Sella te ad the vehicle described on the frond of Ida contract to tthyeeBnuyyer,on credit, each person who sins below as a "Guarantor` that Is as guarantees this gurareMor v pay payment askft contract This "a" OW the Buyer ed. person who signsfibeloaagreess fails he WIN lea Nefde for the whole amount an this ooritrsA each orre who o ever8 one or mamother followkng a) gives the Buyer more iftne to pay also m signe orePopayns or (b)) dv eiee agrees to be lable a release in 1 ?1 to aC'of a e does we or more of odw Guarantors or0(C) a (any security. E& M Guarantor also sobs that he has received a completed copy of this conked 091a Guaranty at the firre of signing. Gueramor(s) must supra each imps separately. . Cusranbr Address tlu rs"W Adlroea PAFS 178374A Jun 99 Previous act we may NOT be used. To " ' J #k 00 * 61 C) 00 00 c: t 00 0 ?- r_ C.J SHERIFF'S RETURN - REGULAR CASE NO: 2007-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRIMUS FINANCIAL SERVICES VS DYNARSKI LAWRENCE ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon nVTTAVQVT T.ATATVWNT(''P the DEFENDANT , at 1920:00 HOURS, on the 24th day of October , 2007 at 121 A SHEAFFER BROAD CARLISLE, PA 17013 LAWRENCE DYNARSKI by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 11164167 `)- ? Sworn and Subscibed to before me this of So Answers: 18.00 4.80 .00 10.00 R. Thomas Kline .00 32.80 10/25/2007 MAURICE & NEEDLEMAN By: day Deputy Sheriff A.D.