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Home My WebLink About03-5285IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT LLC, vs. Plaintiff, GERALD LAUGHMAN, Defendant. CIVIL DIVISION NO. - ISSUE NUMBER: TYPE OF PLEADING: COMPLAINT CODE - 011 ASSUMPSIT FILED ON BEHALF OF: Plaintiff, FAIRLANE CREDIT LLC COUNSEL OF RECORD FOR THIS PARTY: Donald S. Mazzotta, ESQUIRE Pa. I.D. #11461 LAW OFFICES OF DONALD S. MAZZOTTA, P.C. Firm #742 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 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 SHOULD NOT ~AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court AcXministrator 4th Floor, Cumberland County Courthouse S. Hanover Street Carlisle, Pennsylvania 17013 (717) 240-6200 IN T~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FAIRLANE CREDIT LLC, Plaintiff, GERALD LAUGHMAN, PENNSYLVANIA Defendant. COMPLAINT - CIVIL ACTION AND NOW, COMES the Plaintiff, Fairlane Credit LLC, by its attorneys, Law Offices of Donald S. Mazzotta, P.C., and respectfully presents its complaint in civil action against the defendant above-named upon a cause of action whereof the following is a statement: 1. Fairlane Credit LLC is a corporation doing business at PO Box 6508, Mesa, Arizona 85216, and is hereinafter referred to as "Plaintiff." 2. Gerald Laughman is an individual residing at 443 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241, and is hereinafter referred to as "Defendant." 3. Defendant purchased personal property and entered into a written agreement (hereinafter "Agreement") for the purpose of financing the purchasing of the personal property. A true and correct copy of Agreement is marked Exhibit "A", attached hereto and made a part hereof. payment under the terms thereof. 5. Defendant defaulted for failing to make payments when and as due, and Plaintiff incurred a loss in the amount of $7,309.34J 6, Plaintiff is entitled to interest from December 29, 2000 to October 3, 2003 at the contract rate of 20.95% per annum, totaling $5,445.15. 7. Demand for payment has been made upon Defendant, but Defendant has failed or refused to pay. 8. Under the terms of Agreement, Plaintiff is entitled to reasonable attorney's fees of 20.000% in the sum of $1,461.87. Plaintiff is the holder of Agreement and is entitled to WHEREFORE, Plaintiff seeks judgment against Gerald Laughman, in the amount of $14,216.36, plus interest from March 6, 2003 to date of judgment and costs of suit. LAW OFFICES OF DONALD S. MAZZOTTA, BY: D~ta~Esquire Attorneys flJVPlaintiff ANNUAL FINANCE Amount Financed Total of Payments 'PERCENTAGE CHARGE ~ ar, eu,~l ot c~edlt TS a~,u.r yo. ~, ~ave ~d 20.950 % ~ 8164.15 S 13135.85 $ 21300.00 Torsi Sale Price 2000, O0 oil 2~300.00 ~.~.,~ 443 ~I~ R~ ~, ~ILLE, PA. 17241 N/A 1BTGG23X5R$733189 .$ N/A ~$ ToI~I O°wnpaYman~O 0 0 · O0 =$ FACTORY FINANCE CO., INC. IF THI~. CONTRACT INVOLVES THE SALE OF A U$EO VEHICLE, THE INFOR- NOTICE TO SUYER--OO NOT SFGN THIS CONTRACT IN SLANK, YOU ARE ENTITLEO TO AN EXACT COPY OF THE CONTRACT YOU ,,~Hi4, ~] WITNOUTI~COURSL [] WIT~FULLRECOU~E ~WnN~PURC,AS[ SIGN. KEEP K TO PROTECT YOUR LEGAL RIGHTS. BUYER ACKNOWL~ES RECEIPT OF A COMPLIED COPY OF THIS CONTRACT AT THE TIME OF SIGNING. ~ / ~CE: ~EE ~ER~E glgE FOR IMPO~a~ pLANTIFF'S EXHIBIT NOTICE--ANT HOLDER DF THiS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER DE GOODS OR BERYICES UGTAINEU PURSUANT HERETO OR WITH THE PROCEEDB HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. i, Dcnald S. Mazzotta, Esquire, state that I am not a party to the action but that at the request of the Plaintiff, and based upon ~now!edge, information, records, and documents supplied to me by the Plaintiff, the ave-~ments set forth in the Civil Action Complaint are t~ae. A Verification executed by the Plaintiff can be supplied at time of trial or upon request. the penalties of 18 Pa. C.S. authorities. % understand that false statements herein are made subject to ~49~4 relatin~ to unsworn falsification to /- IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA FAIRLANE CREDIT, LLC, Plaintiff, vs. GERALD LAUGHMAN, Defendant. CIVIL DIVISION NO. 03-5285 TYPE OF PLEADING: Praecipe for Default Judgment CODE FILED ON BEHALF OF: Plaintiff, FAIRLANE CREDIT, LLC COUNSEL OF RECORD FOR THIS PARTY: Donald S. Mazzotta, ESQUIRE Pa. I.D. #11461 LAW OFFICES OF DONALD S. MAZZOTTA, P.C. Firm #742 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT, Plaintiff, VS. GERALD LAUGHMAN, TO: LLC, NO. 03-5285 Defendant. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA.R.C.P.1037(b) PROTHONOTARY OF CUMBERLA/~D COUNTY Please enter a judgment against the defendant, GERALD LAUGHMAN for failure to file an Answer to Plaintiff's complaint. Amount claimed in Complaint $ 7,309.34 Interest through December 2, 2003 $ 4,476.39 Attorney's Fees $ 1,461.87 Costs (to be added by the Prothonotary) TOTAL $13,247.60 * With interest accruing on TOTAL of $13,247.60 at the rate of 6% per annum from the date of Judgment together with costs of suit. I certify that a written notice of intention to file this praecipe was mailed to defendant and to defendant's 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 this notice is attached. LAW OFFICES OF DONALD S. MAZZOTTA, By: ~ ~/w/ Pa. I.D.~1~11461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) FAIRLANE CREDIT, LLC, ) ) ) Plaintiff, ) ) ) Gerald Laughman. ) ) ) Defendant. No. 03-5285 TO: Gerald Laughman 443 Whiskey Run Rd Newville, Pennsylvania 17241 DATE OF NOTICE: November 12, 2003 IMPORTANT NOTICE 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 1L!GHTS. 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 WHERE YOU CAN GET LEGAL HELP: Court Administration 4t~ Floor Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 I HEREBY CERTIFY TIIAT TItIS NOTICE WAS SENT ON THE DATE SET FORTH ABOVE. LAW OFFI~IIS OF DObls4LD S. MAZT_~OTTA, P.C. A~omeys for Plaintiff ! 938 Pe~ Avenue Pi~sb~gh, PA 15222 (412) 471-0300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT, LLC, Plaintiff, NO. 03-5285 vs. GEP~ALD LAUGHMAN, Defendant. PLAINTIFF,S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(b) (2) (iii) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS. Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared Donald S. Mazzotta, attorney for and authorized representative of plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the active military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed by Ordinary U.S. Mail in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. £ Sy: Pa. I.D sq. ~for Plaintiff 11461 Sworn to an~ subscribed ~efore me this ~200 ~. Notary Public My ComrnLssion Expires Oct, 21,