HomeMy WebLinkAbout07-5857IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES )
Plaintiff )
V. )
ROBERT N STROBLE JR )
Defendant(s) )
NO. 07-5557 GivitTerm
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
PRIMUS FINANCIAL
AUTOMOTIVE SERVICES
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
PF_PA_l I Cmplt Cvr Sht P&F File No. 2800.5337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
ROBERT N STROBLE JR
Defendant(s)
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 an 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.
NO.
Usted ha sido demandado en corte. Si usted desea defenderse
de las demandas que se presentan mas adelante en las
siguientes paginas, debe tomar accion dentro de los proximos
veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado
una comparecencia escrita y radicando en la Corte por escrito
sus defensas de, y objecciones a, las demandas presentadas
aqui en contra soya. Se le advierte de que si usted fall de
tomar accion como se describe anteriormente, el caso pude
proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder
dinero o propiedad au otros derechos importantes para usted.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER
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
717-249-3166
USTED DEBE LLEVAR ESTE DOCUMENTO A SU
ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
UN ABOGADO, LLAME O VAYA A LA SIGUENTE
OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE
UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE
PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O
BAJO COSO A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
PA 21Notice to Defend P&F File No. 2800.5337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
ROBERT N STROBLE JR
Defendant(s)
COMPLAINT IN CIVIL ACTION
NO. e--
AND NOW, comes Plaintiff, PRIMUS FINANCIAL AUTOMOTIVE SERVICES, by
and through its attorney, GREGG 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, PRIMUS FINANCIAL AUTOMOTIVE SERVICES, is a corporation
with offices at 1335 S CLEARVIEW AVE MESA, ARIZONA 85208.
2. Defendant is ROBERT N STROBLE JR, an adult individual, believed to
currently reside at 204 9TH ST NEW CUMBERLAND, PENNSYLVANIA 17070-1609.
3. On or about JANUARY 19, 2004, the aforesaid Defendant(s) entered into a
written Automobile Retail Installment Contract (Hereinafter "Contract") to purchase a "Vehicle"
from a dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the
Contract is attached hereto, marked as Plaintiffs Exhibit "A" and incorporated by reference.
4. "Seller" thereafter assigned the Contract to Plaintiff, PRIMUS FINANCIAL
AUTOMOTIVE SERVICES.
PA-07 Civil Cmplt Auto Ln P&F File No. 2800.5337
5. Pursuant to the terms of the Contract, Defendant(s) was/were to make SIXTY-
ONE(61) PAYMENTS OF $351.96 commencing on February 20, 2004.
6. The terms of the Contract provide for termination upon satisfaction by Defendant
of all obligations provided thereunder.
7. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make
payments to Plaintiff as promised.
8. Due to Defendant's default under the Contract, Plaintiff exercised its rights to
terminate the Contract and retake possession of the vehicle.
9. After calculating early termination charges due to Plaintiff, and proceeds from
sale, if any, Plaintiff avers that a deficiency balance of $3,699.66 is due from Defendant(s) as of
January 09, 2007.
10. The terms of the Contract provide that Defendant(s) will pay Plaintiffs reasonable
attorney's fees.
11 Plaintiff avers that such attorney's fees will amount to $1,300.00.
12 Despite repeated requests, Defendant(s) have willfully failed and/or refused to
pay the aforesaid sum due.
PA 07 Civil Cmplt Auto Ln P&F File No. 2800.5337
a `
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amount of $3,699.66, interest from the date of breach, reasonable attorney's fees in the
amount of $1,300.00, with continuing interest at the legal rate thereon from the date of Judgment
plus costs. The damages requested are less than the maximum amount for compulsory arbitration
as set by the Court.
Felix, A.P.C.
Date:
PA 07 Civil Cmplt Auto Ln
r"yfegg . Morris, Esquire
213 E. ain Street
Carneg , PA 15106
(412) 429- 5
P&F File No. 2800.5337
VANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT
Co-Buyer) Name and Address OndudIng County and zip Code) CRE-0. (Salter -2
ROBERT N STROBLE JR
150 SPRINGFIELD RD
FREYSINGER PONTIAC INC
6251 CARLISLE PIKE
You. the Buyer (and CoB-lr r, it a-41 may buy the valuate described below lar cash or on credit. The "Cash Prim" shown bsk
•TCtel Sate Prke" shown below Is the credit price. By slpft We contract you choose to buy on rxedit under IM agreemenm
Trade•in19B8Rfi F1S0 Pit $ Gmsa4Ali... $ Amount Owing
Year and Make
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price . . . . .. . . .. . . . . . . . . . . . . . .. $-----?(1)
2. Down Payment
Third Party Rebate Assigned to Creditor .. . . . .. . $ -----Pi A
Cash Dovm Payment.. . . . .. . . . . . $ ---III A
Trade-in- 94 D- $ ad?1 nB ? uFp-4g31 A0
Y.wwcaw G-Atawae OwEV
Total Down Payment ............ ........ $ 4411 _01] (2)
3. Unpaid Cash Price Balance (1 minus 2) . . . . . . . . . . . $--17624-0O(3)
4. Amounts Paid on Your Behalf (Seller may be retaining a portion of these amounts)
To insurance Companies for:
Credit LiteAnsurance (for tens of contract) .... ... $ ,rA
Credit Disability Insurance (for term of contract) . . . . $ -N ,rA
[Tenn _ Months (Estimate)] $ - wi A
To Public Officials (i) for license IS - r, - Ofl), title ($ 22 _ SA I, 6
registration ($- X00) fees $-33-50
PO for filing fees $ ._-- W-00
(II) for taxes (not in Cash Price) $--I-D67 4 If 3140 o4
To --GSP for Messenger Service . .. $---°R-.' ^0
To for It --- °i A
To for $- N A
TO FRFYSINGFR lye TIRE TAB-.r-TV -- $ ______"0
Total. .. . . . . . . . . . . . . . . . . . . . . . $ 1167.94(4)
5. Amount Financed (3 plus 4) . . . $ L87o1 oe (5)
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Financed Payments Price
RATE The done, amount The amount The anent Tha low mel
of you,
The cost of your the credit will of trade You wig have purchase
when
Incluon credit,
credit as a yearly rate test You to You oe on ymede all
ding your
your behalf scheduled dcwnpaymaM
payments of $-4431.-0
Number of Amount of Each When Payments
Payment Schedule - ? payments payment ? arY slew
ng
Your payment schedule
-1513- 6
C
3-o fit rrb do
1
1
will be: A
$ -
N?
Late Payment: You must pay a late charge on the portion of-each payment receive more
than 10 days late. The charge is 2 percent of the late amount w $50.00, whichever is less.
Security Interest: You are giving a security interest in the vehicle being purchased.
Contract: Please see this contract for additional information on security interest,
repayment of your debt in full before the
=payment default, the right to require
.
scheduled date, end prepayment penalty
N you do not most your contract obligations, you may bee the vehicle Itat you are financing under this
contract. as wall as both pans and goods put on,he vehicle and money or goods received for the vehicle.
DATE
JAN 19 2004
? (Pers"l ? Agricultural
Cornlierclal
INSURANCE
YOU MAY OBTAIN VEHICLE INSUR-
ANCE FROM A PERSON OF YOUR
CHOICE.
YOU ARE NOT REQUIRED TO OBTAIN
CREDIT LIFE, CREDIT DISABILITY
AND OTHER OPTIONAL INSURANCE.
THIS CONTRACT WILL NOT INCLUDE
THEM UNLESS YOU SIGN AND
AGREE TO PAY THE PREMIUM.
THIS CONTRACT DOES NOT INCLUDE
LIABILITY INSURANCE COVERAGE
FOR BODILY INJURY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
? Credit Life
Insurer
Premiu Insured(s)
Signature(s)
CInsurer
m Insured
Signature
ther optional insurance Term
O
$ __1114
Insurer Premium
Signature
Credit Life and Cro& Disability Insurance are -
for the tam or the vontracl. The amount and
coverages am shown In a notice w agreement
given to you today.
Y. must Insure the vehicle. B ¦ charge is
shown below, the Creditor well try to buy the
coverages chocked for the term Shown. Cover-
=a we be based an on cash value of "
vehicle at time of lass, but not more than the
emits of the pcney. - -
R Comprehensive ?K$ ?QQ Deductible
`7C Collision
? Fire-Than-Combined Additional Coverage
? Touring and Labor
? Tenn Months (Estimate)
Premium $ --jA
? Debt Cancallalert eels, Addendum (Opaornaq
If the box Is checked you have purchased a debt
cancellation walmr. Purchase of this coverage Is
optional and is not required to omaun credit. The terms
and conditions of the debt cancellation waher are list
font In IN afteched Add~ which ® incorporated
into this contract. The price for the debt cancellation
wWa is sel forty on this contract in the Itonnaaon of
Amount Financed under Section 4.
Any change this ntract rt?ht be in writing and signed by you and the Creditor.
Buyer Co-auyarX
su Signs
)U HAVE READTHEANDEVAGREE TO BE BOUND
CONTRACT.
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.
SIGNS
and reviewed a true and completely twoo in copy or tnis eulluaes carne twi
contract, Buyer and Co-Buyn) received a true and completely filled in copy
By signing this 00WWL a no othw Asslgnes to A.ned in ¦ separate QUESTIONS?
Srtrdgnmem attaelnsd la Mis tM SN assgre it to M American Credit.
® 1T 8 =M
MC Iraar.41 M y w (Prsrwu ed k- may NOT a wed.l BE BACK FO AOOn10NAL AGREEMENTS.
PA Mazda AmericanCredt.
PLEASE CALL US AT 1. MO-945-6000
or
Visit us at www.mazdacroditcom
ORIGINAL 03.001 29M -----
&*bo r A t
.sa3+
a
VERIFICATION
The undersigned is an authorized agent of the Plaintiff and verifies that the facts and
statements made herein are true and correct based upon my knowledge, information and belief.
Counsel has signed the verification as a matter of time and convenience. The verification of the
party can be provided if requested. The statements are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unworn falsification to
Date:
-ris, Esquire
Felix, A.P.C.
213 E. Main treet
Carnegie, PA 1-5106
(412) 429-7675
PA 01 Atty Verification P&F File No. 2800.5337
710
TO
Vl
S fu b ...
-4r--
l%
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05857 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRIMUS FINANCIAL AUTOMOTIVE SV
VS
STROBLE ROBERT N JR
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT Sc NOTICE was served upon
STROBLE ROBERT N JR
the
DEFENDANT at 1705:00 HOURS, on the 15th day of October , 2007
at 204 9TH STREET
NEW CUMBERLAND, PA 17070-1609
by handing to
ROBERT N STROBLE
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 18.00
Service 16.32
Affidavit .00
Surcharge 10.00
00
11`b?lA ? 4- 4 . 32
Sworn and Subscibed to
before me this day
So Answers:
--------------
-R. Thomas Kline 10/16/2007
PATENAUDE & FELIX
By:
Deputy Sheriff
of
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES )
Plaintiff )
V. )
ROBERT N STROBLE JR )
Defendant(s) )
NO. 07-5857 CIVIL
TERM
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of:
PRIMUS FINANCIAL
AUTOMOTIVE SERVICES
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
PA_119 Prcp Def Jg Both
P&F File No. 2800.5337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-5857 CIVIL
TERM
V.
ROBERT N STROBLE JR
Defendant(s)
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer
to Plaintiffs complaint.
Amount claimed in Complaint
Interest from January 09, 2007
Less payments received
Attorney's, fees
TOTAL
$3,699.66
$145.37
$0.00
$1300.00
$5145.03
With continuing interest on the principal amount of $5145.03, 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.
y submitted:
Date:
PA_l 19 Prcp Def Jg Both
9red L. Morris, Es,
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
P&F File No. 2800.5337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
ROBERT N STROBLE JR
Defendant(s)
NO. 07-5857 CIVIL
TERM
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA R C P 1037(b)
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff,
who being duly sworn according to law, deposes and states that the defendant(s), ROBERT N
STROBLE JR, 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 Default Judgment
was mailed in accordance with Pa.R.C.P.237.1, as evidenced by the attached copy.
submitted:
& Felix, A.P.C.
Date:
Sworn to and subscribed before me this
day of Dl/ . , 2007
Notary Public
MONWEALTH OF PENNSYLVAIS
Notarial Seal
carolyn J. Stmsrt, Notary Public
Carnegie BIND. A11eghwW County
My Commis r ) ps gaup. '4,2011
Member, Pennsylvania Associatlon7
PA 120 Aff of Non Mil
Gregg Morris, Esquire
213 E. Mai-Fr Street
Carnegie, PA 15106
(412) 429-7675
P&F File No. 2800.5337
11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-5857 CIVIL
TERM
V.
ROBERT N STROBLE JR
Defendant(s)
IMPORTANT NOTICE
Filed on behalf of:
PRIMUS FINANCIAL AUTOMOTIVE
SERVICES
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
PA_111 10 Day D1 P&F File No. 2800.5337
• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRI1\4US FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
ROBERT N STROBLE JR
Defendant(s)
To: Robert N Stroble Jr
204 9Th St
New Cumberland Pennsylvania 17070-1609
Date of Notice: November 06, 2007
NO. 07-5857 CIVIL
TERM
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
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
717-249-3166
submitted:
Felix, A.P.C.
Date:
Gregg Morris, Esquire
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_111 10 Day D1 P&F File No. 2800.5337
I, GREGG MORRIS, attorney for Plaintiff, PRIMUS FINANCIAL AUTOMOTIVE SERVICES
, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail
upon the following;
Robert N Stroble Jr
Defendant
204 9Th St
New Cumberland PA 17070-1609
Date:
Vat!nga . Morris, Esquire
de & Felix, A.P.C.
213 E. ain Street
Carnegie, PA 15106
(412) 429-7675
PA_111 10 Day Dl P&F File No. 2800.5337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-5857 CIVIL
TERM
V.
ROBERT N STROBLE JR
Defendant(s)
NOTICE OF ORDER, DECREE
OR JUDGMENT
Filed on behalf of:
PRIMUS FINANCIAL
AUTOMOTIVE SERVICES
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
PA-123 Ntc Jgmt Both
P&F File No. 2800.5337
t ,11
C'
q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
ROBERT N STROBLE JR
Defendant(s)
NO. 07-5857 CIVIL
TERM
NOTICE OF ORDER, DECREE OR JUDGMENT
AGAINST ROBERT N STROBLE JR ONLY
TO: ( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant
You are hereby notified that the following Order, Decree, or Judgment has been entered
against you on Mpo ate, a6p
( ) Decree Nisi in Equity
( ) Final Decree in Equity
( X ) Judgment of ( ) Confession ( ) Verdict ( ) Court Order
( X) Default ( ) Non-suit
( ) Non-Pros ( ) Arbitration Award
( X) Judgment in the amount of $5145.03 plus costs.
( ) District Justice Transcript of Judgment in the amount of $ ,
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Department of Transportation.
Prothonotary
By S 15E? k
1 .1
If you have questions concerning the above, please Contact:
Name of Attorney: GREGG MORRIS, Esquire
213 East Main St
Carnegie PA 15106
(412)-429-7675
PA_123 Ntc Jgmt Both
P&F File No. 2800.5337