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HomeMy WebLinkAbout07-6798ARBITRATION 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 15) 789-7161 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 V. MARY K COOK 4 Thornhill Court Carlisle, Pa 17013 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. (o 19 $ C ?V 4( Term Plaintiff, Defendant(s). NOTICE l,l V 1E AU I WIN UUMYLAIN"I' AVISO 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. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o can un 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, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adernas, 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 O 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 r 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 (215) 789-7161 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. MARY K COOK 4 Thornhill Court Carlisle, Pa 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. Defendant(s). CIVIL ACTION COMPLAINT 1. Plaintiff, Mazda American Credit, is a Corporation with its place of business at P.O. Box 6508 Mesa, Az 85216-6508. 2. Defendant, Mary K Cook, is an individual who resides at 4 Thornhill Court 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 April 29, 2005, 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 $46930.98 at an annual percentage rate of 8.090%, in order to purchase a certain motor vehicle, 2005 Mazda RX8 more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. 5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $591.18 for a period of 72 months until the loan was paid in full all as is more fully set forth in the Contract. 6. Defendant(s) made monthly payments until April 17, 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, the above-mentioned vehicle was repossessed and a notice of repossession was sent to the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice of the sale date. A copy of the notice of repossession and notice of sale date are attached and marked as Exhibit B. 8. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit given to the Defendant in the amount of $18200.00, however a balance of $12817.29 is still due and owing, and a notice of the deficiency balance was sent to the Defendant. See copy of the notice of the deficiency balance attached and marked as Exhibit C. 9. Pursuant to the terms of the contract, Defendant is required to pay all amounts due and owing, including any balance that may remain after the sale of the vehicle, and the Defendant failed to do so, thereby in default of the Contract. 10. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $1170.44 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $13987.73. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $13987.73, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. Respectfully submitted, MAURICE & NEEDLEMAN, P.C. buf, i If" CHARLENE A. TAYLO SQUIRE Attorney for Plaintiff Date: November 2, 2007 VERIFICATION I, CHARLENE A. TAYLOR, ESQUIRE, verify that I am the Attorney of record for Plaintiff, MAZDA AMERICAN CREDIT, 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 unsworn falsification to authorities. BY: CHARLENE A. TAYLO SQUIRE DATED: November 2, 2007 PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE? 04/29/06 EKARYK ya) Name and Address (IrlchdWg County and T.ip Code) CREIN OR (Heller Nome and Address) UX LANE FRETSINGER PONTIACGMC BUICK, INC E R6 PA 17050 ?Y 8 6251 CARLISLE PIKE MECHANICSBURG, PA 17050 Ye4 Nre ayyer pnd Ca.auyer. q eclat, nay y,9' ass eeleeM aeearlbed helow for eeeA a Om CndL The "ChM Prka" drown eeav in fr. Cush peke w me ve"we, The "TpY ar. Mw" elroem Mlcw k the owdp Wtea. N etaslea fee tome you Choose to Cry"erode rcrder to eYwenieea on 1M hale YYI herd[ of IMe Eenbtd. E3 Perso" ? AWtuawel NEW 2005MAZDA RX8 -NIA JM1FE17315014 371 ? Commsrow T,s,a,In2000TOTA RAV4 14094.00 i 14094.00 INSURANCE VOW era s i ' An10M YOU MAY OBTAIN VEHICLE IN8UR• ITEMIZATION OF AMOUNT FINANCED ANCE FROM A PERSON OF YOUR I' Caen "tee .......................... : 3b836.00 ffl CHOICE. 2. Down Payment YOU ARE NOT REQUIRED TO OBTAIN Third Patty Rebels Assigned to Creditor ........ $ N/A CREDIT LIFE, CREDIT DISABILITY Cash Down 0;.... 6. 0 AND OTHER OPTIONAL INSURANCE. Trade in a 1409'4:00':' '140W.01 ?I p THIS FACT WILL NOT INCLUDE i T-?? o.. ?? wr..a ."0 THEM UNLESS YOU SIGN AND Total Down Payment ..................... i 4366.00 f2l AGREE TO PAY THE PREMIUM. & Unpaid Caen Price Balona (t Minn 2) ........... t ? (3) 4. Amounts Pad On Your Behalf (Safer may too rstmning s portrm of ttleaa alewmrls) THIS CONTRACT DOES NOT INCLUDE Credit Insurance I Companies rose LIABILITY INSURANCE COVERAGE k L ft ife irtttwana (tor lsrnt of contract) i N/A FOR BODILY INJURY AND PROPERTY Credit Wsability tran"n" (tor term of ccrliract) .. S?HTA DAMAGE CAUSED TO OTHERS. [Term.-. (EstWtals)) To Patdfo ornepia (? Say (i 1, WN (i 22. 15U- g registration (i 3b • 00 r to" $ ? t?i?edlt Life (lD ffaorr lire teas t 66.00 Insurer To (?+SS s (not in C.an Pte) i 2018.04 It 2136.54 $ Pry Insureds) To MEMBERS for for To for Signature(s) To m+ ONTT _ $-- 0 Total .............. s ZIS? 4 ?R a. Amount Financed (fl Plus 4) .......... 5 . . ..... i ' 4 (4) 11 DkiBpility Insurer FEDERAL TRUTH4M4LENDING DISCLOSURES s N/a Premium Insured ANNUAL FINANCE Amount Total at Total Sala PERCENTAGE CHARGIS Financed Payments Price Signature RATE The dollar an ourn The amore The unuunr The total cost The Cat of your lte audit Cal of Creak yaw wN have of you asap as a yearly rel. rod you Provided pea when PurCMss C] GAP INS ! to you or on you how kWud Other b" made all d ow irmou ce Term 8.09x i 8931.42 :33633.64 ia9 w? Ing your Inaurar S Promium $ 4155130.9 I- Signature Numb" of Amount of each When Payments Payment 8ohtaduls - ? peyrrwtls Payment are due Credit Ufa and Crude pssWpry hwAs "era Your payment as heduts --Z2- s---_691.18 . monthly starting for the term of tha Convect. 'be emamt and CoWratee ale eltcam M a a aeraegtant rNN be: t anal i N/A 29 MAY 20 06 -a- been ro you today. ? You mwet imwrc tha vehift N a dens b show below, the a other WM try to hey de own"" ohealwd fp a* am elan. C.M. you Pay your early "Male at dow of toss, but not more than the MUM wW be based an dr cash vdus of the Pay MY a ly. fmha of Ma poky. Lev Payment: You Mud , you will nol-19 itmn 10 days lap. TM a Yl=11-ft Ile portal of arh pay l received more Sheath W 4 I1 st: You h1W Is 4 i t o amount or f50.00. w'Mdts"r b loss. (3 CkmpreMrew (1 3 500.00 D k m w giving a seourily Wlsrem W to veMole berg purchased oa CWWWL. Please ant tie -*W for addilionet Wfom atoh on "w* rdoreal, Common 13 Fae•TMeMCOmbiasd Motional Cover nonparram, daauR. to dght to rsgWre rapayrrtenI of your dent in fat before the schadlMd time, and ? Towles and Labor addoss nor oaraf as nt yboouar , opwaWnt eoenle ob0teyeedfe sspuet , aYn ou tM ravY sNlodss e aanle dvmeahicle these* ureter fit ? Ta Mnths (Eaamea) eyagu e rsahd for the vdgCle. p~nniurn s ---__MLA MezdaAme kannCredit. PLEASE CALL US AT 140"4"wo or VI9N US at W10111-ma2XIM&WRAom ORIGINAL 03-M EXHIBIT I" ... PRN... Mazda American Credit P.O. Boer 680020 FRANKLIN, TN 37068.0020 (800) 727-3000 PWTLOAD300012 MARY K. COOK 4 THORNHILL COURT CARLISLE PA 17013 Date of Repossession 07.31-2006 Date of Notice 08-01-2006 Date of Contract 0429.2005 Account Number: 03699;1871 Buyer MARY IC COOK Cobuyer DESCRIPTION OF PROPERTY Year 2005 Make MAZDA ?x New ? Used Vehicle Idenlifmfion Number: JMIFE173150143371 Model RXB Body NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. Mx PRIVATE SALE: We will ad the property described above at ? private sale sometime after 16 days from the Dete of Notice Shown above unless redeemed by you prior to such sale. The money that we get from the sale (after paying our costs, Including reasonable attorney's fees and legal expenses if permitted by law) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. See How To Get Your Property Back for an itemization of amount owing. To learn the exact amount you must pay, call us at the telephone number above. If you need more information about the sale call us at the telephone number above, or write us at the address above. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number above, or write us at the address above and request a written explanation. We are sending this notice to the following people who have an interest in the property described above or who owe money unde your agreement: 1) The buyer and any cobuyer named above; 2) Any dealer/original creditor named below, 3) If there are other people, they are named on an attachment sent with this notice. PUBLIC SALE: We will sell the property described above at public sale to the highest bkWor on the date below (or any adjournment date). The sale will be held as follows: Data of Sale Time of sale Place of Sale You may attend the We and bring bidders If you wart. NOTICE OF REPOSSESSION The property is presently stored at: MANHEIM CENTRAL FLORIDA HOW O GET YOUR PROR@MW BACK To get your property back, pay us this amount by certified check or money order before to vehicle is sold. Unpaid Ealance $ 30,343.38 Plus Costs: Repo Expenses $ $ $ Plus Late Charges $ 48.91 Lou Finance Charge Rebate $ Lose Insurance Premium Rebate $ TOTAL $ 30,389.29 (Plus experreee incurred If default at the time of repossession exceeded 16 days and lese nbahts received after the date of this notice.) Your Property won't be sold until 15 days alter the date of this notice at the EARLIEST. After that you can still get it back any time before it's actualysoW. If you do, we'll have no further claim on it, But the longer you wait, the non coats (including repo rs) you may here to pay. If you have any questions about this, please call us. ? The property has been (or will be) returned to: inal - credloq Under our agreement with your dealer/or Inal creditor, the dealsdorl inal creditor Is to ad the (d after the sale, you will pay it to the dealedoriginal creditor. 9 p?oP Y end pay you any money left over. If you ou owe rl we m mo oney ? PERSONAL PROPERTY Any personal properly found In the vehicle may be reclaimed by you within the next 60 days or, in accordance with state law, by contacting this office. Thereafter, the personal property shall be disposed of accordingly. ? Creditor has assigned to its qualified intermediary (OI Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above. PAYMENTS: AN payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicle's odometer Is not accurate for any reason, please contact us so that we can accurately report the vahloWs mfeage. INSURANCE RIGHTS: If you don't went to get your property back, cap the insurance company or the dealer/original creditor to make sure that am insurance EXHIBIT has been cancelled. You have a right to get credit for all premium refunds. REGINA RAY FFNA 11ee8-37 Jon 02 Pmious edaiom may NOT be usM `-- Pdnbed in U.S.A. CUSTOMER/CUSTOMER FILE I Name OV Addmst a,9Mf 1 38120 p mrholn Livonia, M1 48150 o ff;:: ; i"` . •? ' . =:i j'k, ;; : cMck type of mat) or eervtce: Ap6c Slarrlp time 0 Rewdad DwwyoowrwoO,Nry q?p??pp, O Co c 11 no&ww p °1t"f of 0n1 C DOM orkmabon 11 ?•a?7 I O awe" Mal Inuued O sp.anCawmw P*Onw* and AUG 41 M Dwo at 1wIkM IIIenEer M*N-P&AA MIA C* &ww a womw Page" Fe. I t±+^?e AeWa va UO 1 -- -- P-039408398 DI - ? b ANE SERGIO ` 7 37 .. Qr Og1q aoDy --..._.. ''- 7 CLARK STREET SEAFORD ?•?,??„? 274q DD d2 NY 11783 9=584067 -038993871 7DD6 081D 0001 - --- MARY K. COOK 2764 - - DD99 - 4 THORNHILL COURT CARLISLE PA 17013 -- U0731/20584o68 7006 0810 0001 2764 0105 -' P-028MM8 - - -•-- .. __-- _ _-- _-• _ - ROBERT MARSHALL "' ---- -- 4439 SHERWOOD RD PHILADELPHIA PA 19131 ' " -- ---- '-- - --- 7006 0810 0001 2764 0112 - U0731=584069 BA -028889688 ARTHUR E. HOWARD --- - -- - 433 LEVERINGTON AVE PHILA PA 19128 ------ --• ---_ TdM Uvsd by aw Swl me?Ptwaer TOW Mrriber Of pbm R.a.W.d W POO O,ep .r.r r anosMNp erppq?y -----• Lf,C Fnrm aa77 CAM..+w.9nn9 rn,..,. M n RnnM.M Mr 7vw.w.iMr IwY n. p?u 00731120584070 7D06 081D D001 4/3121 EA-036679769 PATRICK S. CORRIGAN 1 610 E HEPBURN STREET M T PRAIRIE FARM WI 54762 00731/20584071 7f106 0810 0001 2764 0136 JO.035228686 MARYJANE CHACKo > 6 DOGWOOD STREET - 41 TUNKHANNOCK PA 18657 p G 7006 0610 0001 2764 0143 U073112058 M v AD -034764544 ROBERT T. KENNEDY 7600 BELEWS CREEK RD 41 "i BELEWSCREEK NC 27009 Sam Privacy Act Statement on Reverse `. L?RP? Mazda American Credit 9009 CAROTHERS PARKWAY FRANKLIN TN 37067 800 7273000 DATE: 2006-09-16 PWGUQ00000302 MARY K. COOK 4 THORNHILL COURT CARLISLE PA 17013 STATEMENT OF SALE Account Number: 038993871 The following property has been sold. Year Make Model 2005 MAZDA RX8 Balance owing on your contract Deduct: Finance Charge Rebate Balance less Finance Charge Rebate (1 - 2) Deduct: gross proceeds of the sale Balance less gross proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate Other: Vehicle Identification Number: JMlFE173150143371 (2) $ 0.00 (4) $ 18,200.00 (6) $ 628.Q0 (7) $ 0 00 (8) $ 0.00 (1) $ 30,389.29 (3) $ 30.389 29 (5) $ 12,189.29 Deficiency- (9) $ 12817.29 Surplus* (10) $ N/A The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (debits). Surplus* or Deficiency" - If the sale resulted in a surplus, a refund for the difference will be mailed to you. ** If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for payments shown below. For additional information call or write: Mail deficiency payment to: Mazda American Credit Mazda American Credit P.O. BOX 6508 P.O. BOX 55000 MESA ARIZONA 85216-6508 DEPT. 194501 EXHIBIT (877) 492-2865 DETROIT MI 48255-1945 FFNA11990 01104 Previous editions may NOT be used. I L P tC 00 a 1 77. OD ? Ch SHERIFF'S RETURN - REGULAR CASE NO: 2007-06798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAZDA AMERICAN CREDIT VS COOK MARY K KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COOK MARY K the DEFENDANT at 2022:00 HOURS, on the 9th day of November , 2007 at 4 THORNHILL COURT CARLISLE, PA 17013 MARY K COOK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 0? .00 f ?J?` 32.80 Sworn and Subscibed to before me this day So Answers: .11 ?14?f R. Thomas Kline 11/13/2007 MAURICE & NEEDLEMAN By: y Sher of A. D. MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Attorneys for Plaintiff Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (21--)) /Zsg- / 101 MAZDA AMERICAN CREDIT CUMBERLAND COUNTY COURT OF _Plainti_ff, _ COMMON PLEAS V. MARY K COOK Defendant(s). Case No. 07-6798 Civil Term ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter as Settled, Discontinued and Ended. Respectfully Submitted, MA RI E & NEEDLEMAN, P.C. Ch ene A. Taylor, Esq. Date: December 20, 2007 r-? 4 c? - n n -c ?, ? ? ..-? n c :?-.__ ., u?.? ,a: -?. ?? = . ? ?: .y ' ? ? V ' : .?