HomeMy WebLinkAbout07-6817IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
Ctv i
NO. 61-6817
Term
V.
DJ JUDY
Defendant(s)
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_1 I Cmplt Cvr Sht P&F File No. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
DJ JUDY
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 lido 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 suya. 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. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
DJ JUDY
Defendant(s)
COMPLAINT IN CIVIL ACTION
NO. 07- (1 If/7 oac j -7a
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 DJ JUDY, an adult individual, believed to currently reside at 152
WYOMING AVE ENOLA, PENNSYLVANIA 17025.
3. On or about NOVEMBER 11, 2005, 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. 2800.5671
5. Pursuant to the terms of the Contract, Defendant(s) was/were to make SIXTY(60)
PAYMENTS OF $348.65 commencing on DECEMBER 20, 2005.
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 $4445.91 is due from Defendant(s) as of
April 07, 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 $1500.00.
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. 2800.5671
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amount of $4445.91, interest from the date of breach, reasonable attorney's fees in the
amount of $1500.00, 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.
submitted:
& Felix, A.P.C.
Date:
fire Morris, Esquire
213 E. ain Street
Carne ie, PA 15106
(412) 42,9-7675
PA-07 Civil Cmplt Auto Ln P&F File No. 2800.5671
PENNSYL A NIA SIMPLE INTEREST VEHICLE RETAIL INSTALLMENT CONTRACT DATE 11105/2005
1400.727"7000 t law Caau ml Naas aria Morita (Indu kv COuM oral WLL.e iEWOA (nYM Mona and Adorer)
a y1? MCCAFFERTY FORD OF MECHANICS BURG I
152JWYOMING AVE J ?1??J?w+,D 6INC
320 CARLISLE PIKE NOV - 8200
ENOLA PA 17025 MECHANICSBURG PA 17050
www.rorderedN.can ,
G
Ira M b n bas your. Marred to tl'1w,"' You, mry
spew id rash a en credt. Tr nub Moo b Yawn r `Cash Pdq.' The creel pale b pawn blow r TRW OW Pnlu.• eY +IOriinp or mntred, you
Nookled YM rd "-W Mdsl Vankb Worse ion Nuadaa the For Which Pumaerd
? PrMW ? AplMhxal
USED NIA Cg11°"c'I
. .. ITEMIZATION Of AMOUNT FINANCED KMRANCIE
YOU AM
TO *48URE THE
YD
S 1 rim)
1. Cash Price ____......____........_...._..__......_........._.......__._........._...._
2. Down Payrcere
Third Piety Rabde Assigned to TAIN VEHICLE
VEHICLE. YOU MA
OBO
INSURANCE FROM A PERSON OF
YOUR CHOICE.
Cash town Poynwnt............ __.........?......._____.__.__.___...i T^^ rn
TradeMn i N/A S! LA ?,/ s LIABILITY INSURANCE COVERAGE
FOR BODILY INJURY AND PROPERTY
Yam end Mee Gmr Nbworire Artmwa CenO DAMAGE CAUSED TO OTHERS IS NOT
Tom Darn Palmeri t........__.:............ _.................... _............. .5 TM nm1Y INCLUDED.
3. Unpaid Be.- of CO." Price (t mina 2) ........ .... ..... ............. _3 r 2 t AA n^s)
t. Amounts paid r your behalf (Serer may be rstamng a Peril- d thee: smaenb) CREDIT LIFE. CREDIT DISABILITY AND
OTHER OPTIONAL WSURANCE ARE
To Public Officials NOT REOUIRED TO OBTAIN CREDIT
(1) M license (i 10.00 ), U" (S 2), 0), S
ngbtratbn (i 58.50 ), We S 9I.00
Vi) ror fining fasa S 5.00 ;
- 1:00 far tors (tit in Cash Price) r 8 206- 64 11R96 Ca AND WILL NOT BE PROVIDED UNLESS
YOU SIGN AND AGREE TO PAY THE
PREMIUM.
Crest
To Ihaurenca camp aNc fa: outs
"
Chad 1.11. 1. /A
Credl DlsalsWy Insurance (M term of contract)................. i a ra
N/A (Term-N/A Mmue).......... i Company
Insurance
$
Pre- mix Insured(s)
N/A (Tenn M/A Marrts)....... ._.i ¦IA You want Credit LMe Insurance.
To for GAP UAIVER S cOn nn
To 'N/A ror N/A ie,.A
To MCCAFFERTY fORD Obr 00 F S Sc.00/0N1 tgE 91 00
To N/A Ia_B/A s -NjA Buyer Signs
To _N/A tin NIA _$ ^;;e_
-
A 1a lip, f ;;T.
To / C7•Buyer ftral
Total ............ ...... ...... __.._._......_..__..._................ ,..... . ............. i.?490.i4(eM
S. Amour Financed (3 plus sI_,_._._._._._._._..____...... __..... ...... i_L3634_41(5) Credit
O D4aelliry
FEDERAL TRUTH-IN-LENDING DISCLOSURES ranoa Company
g
a
aA
ANNUAL FlNANCE Amount Total of Total Sale ?.
.
liw; O' ? Insurod(s)
PERCENTAGE
RATE
TM-dYon
aril r • YeadY rant CHARGE
Tn. aolrr rriawa
tha Gael WP
lip you Flnanceof
The .moon d
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m Gan
yaur lnehal Paymnta
The annoGd
Ptl rYmi
have „Ma tl
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Tore wal wu
p oir mWadMlW
Irw you!
do 1+ndWp vrmnM You want Credit DisebiMy Insurance.
VYmSighe
vYm°r Of f-300_00
18.00% c 7281.36 s 13634.6 s 20919.0 s 7tFtn.00 ?
Si
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gns
Y n Sah did wa he: OTHER OPTIONAL INSURANCE
IsEMLO arawna AmWnld Pwnenhd W
D 9amFAhaupN l7MnuY
CGrenapa?
Tem
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i
h
mm.
M
f_
BY iA
Preaynan: N You WY d yow dad eenY. Yon wp Mt revs ro pay a cwsM. S
SrrrAr -ased; YW an plWrp • e-udtY inrMp N eta Wnicb ealnp gmmud. MIA
MIA
Lab hrlnra: Ya mop pays Wa derde on Ir Poraon al rah pepnsn neaNed man aw la
BY
?
"-
rya ble,Tnadwq is 2.1ipemmdthe bb amour. X
NJA -
Caas- Please gee Ilia -u- (w addhkv a In -fi- r wewlY We- mripaYmWa,
delsud, tlw rips m rapuive npeynWnr at yae dabr F rid -don ale echadubd deb. ad
OnaOaY'mm prep/. V W Wain tlm apYGm bwrerma M which
grne,ps are indudW above.
If you do not met your contract obligations, you may loss your vehicle. as Wall
as both d and goods Put on your vehiaa and money cr goods received for
your dbl. gayer Signs
BALLOON CONTRACT PROVISIONS '
.
? Your ben instalment payment under this contract is a balloon Payment.
PJICE88WEAR. USE1' aboveAND MILEAGE CHARGa8
k chocked, this srtion, Paragraph I" and Ponsi C .1
M lore bin & 9
this contract apply. You may be charged for excessive - based upon our Wandanha
M norms use. If you exercise she option to MI Ilw which gad: to Sale, under c-auyar
Credo Ure rig own classier leauraaaa w
the bra maw awvno Ter an a I
M
even o, w shown m nWce a aolMMar
pen m pu messy.
Paragraph S. you must pay tb Saint $0. N /A- per men for each mile In excess
of N/A robs an- on she oolomemr.
r Craplaass WaMr AddeMmr (0paarN
MrAr you pudsed • door
aGr
EXTRA MILEAGE OPTION CREDIT
If this contract owdsh s a balban pay- (r kblwMd above), and you tbvs
exerdaad your Option m sal pie vrlob to the Slim War Puagnph It- this
paragraph crate ater to your e0rdraa. Al to rMWMd ant d mb r of of muract, You w IN
waive s G of $0, ?- per unused mile for tlm nlerlbr whlleed inns
bedten N/A and AIA .are. Imo am sheaets YW
owe under this -react. You "I not receive ry owit M tire vehlole is dwroyed this ,
mrcwbn Wshar. WhYnse aa d tlhb eovanpa N
mars and Is rid retha d In aebb Baal The
N andmdrrr arearbtcurafth1.
atmdstl Aaashld-an whic
M ie i Mkaoehohh b
'Irlorporabd boareraaiha patsMebdeli
earxaMetien wpvwb MbrWr W4 mrWKtin IM
haMradand M?y/ro/AUa?Fwrcw nmM BWlon a.
?
/i
Mntrect sob early, or you are in deface. You will not receve any credit M the credt is &?
/i
Yw6/
ben then SI m. Sign
' MON• 100IFlCATION DISCLOSURE
Ail tlnnoe b Wb aomnG mwh eob wdsre and aped by y. and eb Sher.
X X
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON
THE REVERSE SIDE OF THIS CONTRACT.
The Annual Percentage Rate my be nopotioted with the SsNer. The Behr my aastgn this contract and nay retain
Its right 10 roost" a Portion of the Faun Chorga,
NOTICE TO BUYER
Do not sign this contract in blank. You are entitled to an exact copy of the contract that you sign.
Keep It to protect your legal rights.
X X
Igor. slans
Buyer (and Co-Buyer) acknowledge that (1) before signing this contract, Buyer (and Cc-Buyer)
received and reviewed a true and Completely filled in copy of this contract and (11) at the time of
sianina this contract, Buyer (and Co-13uyer) received a true and completely filled in copy of this
contract. "
germ X / ceauye X
?MMC fORO OF MECHANICS)j Stan.
By Tab L_ " _' _ _va?•
-
THIS CONTRACT SI NOT VALID UNTIL YOU AND SELL - SIGNIT.
ASSIGNMENT
8~ mar trwnarm m srmM ta arbaar demon. The prom vot than have at SNaYs dahisk yrbsapr, and noodles. By eonbe sees. ss
sent aseres Oasswerrt ldORn MnTnR CREDIT COMPANY- 1'ASWnr'L
p Ye
To cavrd AsNew .ern td. aoceaet, ensL SOO-727-7000.
so?€AFFERTY fORD Of ME[HANI[AS Tin.jyjPy.(?"
?bt4 A
ORIGINAL
? ? . +
?,?,,??
?? ??
D. Security Interest: You give the Seller a security interest in:
• I. The vehicle and aft parts or other goods put on the vehicle;
2. All 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 under this contract.
It also secures your other agreements in this contract.
E. Use of Vehicle - Warranties: You must take care of the
vehicle and obey all laws in using it. You may not sell or rent the
vehicle, and you must keep it free from the claims of others. You
will not use or permit the use of the vehicle outside of the United
States, except for up to 30 days in Canada or Mexico, without
the prior written consent of the Seller. It the vehicle Is of a type
normally used for personal use and the Seller, or the vehi-
cle's manufacturer; extends a written warranty or service
contract covering the vehicle within 90 days from the date of
this contract, you get implied warranties of merchantability
and fitness for a particular purpose covering the vehicle.
Otherwise, you understand and agree that there are no such
implied warranties, except as otherwise provided by law.
F. Vehicle Insurance: You must insure the vehicle against loss
or damage from collision, fire or theft. You must name Seller as
the loss payee under the insurance policy. The Seller must
NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT
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 Vehicle Buyers Guide. 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.
'Does not apply If purchased for commercial or agricultural use. In
that case, you (debtor) will not assert against any assignee or
subsequent holder of this Contract any claims, defenses, or setoffs
which you may have against the Seller or manufacturer of the vehicle.
GUARANTY
To cause the Seller to self. the vehicle described on the front of this contract to the Buyer on credit, each person who signs below as a
'Guarantor' guarantees the payment of this contract. This means that if the Buyer fails to pay any money that is owed on this contract,
each person who signs as a guarantor will pay it when asked. Each Guarantor who signs below agrees that he will be liable for the
whole amount owed even if one or more other persons also signs this Guaranty. Each Guarantor also agrees to be liable even if the
Seller does. one or more of the following: (a) gives the Buyer more time to pay one or more payments, or (b) gives a release in full or
in part to any of the other Guarantors, or (c) releases any security. Each Guarantor also states that he has received a completed copy
of this contract and this Guaranty at the time of signing.
Guarantor Address
Guarantor Address
READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY
ARBITRATION
Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a."Claim") without filing a lawsuit in court. Either yoL
or Seller ('us" or 'we') (each, a 'Party) may choose at any time, including after a lawsuit Is filed, to have any Claim related to this
contract decided by arbitration. Such Claims include but are not limited to the following: t) Claims in contract, tort, regulatory or otherwise
2) Claims regarding the interpretation, scope, or validity of this clause, or arbRrability of any issue; 3) Gaims between you and us
your/our employees, agents, successors, assigns, subsidiaries, or affiliates; 4) Claims arising out of or relating to your application to
credit, this contract, or any resulting transaction or relationship, including that with the dealer, or any such relationship with third parties
who do not sign this contract
RHTS YOU AND WE AGREE TO GIVE UP
- 75
It either you or we choose to a
itrate a Claim, then you and we agree to waive the following rights:
• RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY
• RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVI
AGAINST US WHETHER IN COURT OR IN ARBITRATION
• BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT
• RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR
• OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT
Rt hts YY?o And We Do Not Give U If a Claim is arbitrated, you and we will,continue to have the following rights, without waivir
this arbitration provision as to any Claim: 1) Right to file bankruptcy in court; 2) Right to enforce the security interest in the vehici
whether by repossession or through a court of law; 3) Right to take legal action to enforce the arbitrator's decision; and 4) Right
request that a court of law review whether the arbitrator exceeded its authority.
Either Party must contact one of the associations listed below and the other Party to start arbitration. The applicable rules (the 'Rule;
may be obtained from the association.
• American Arbitration Association ('AAA'), at 1-800-778-7879, or www,adr.org;
• National Arbitration Forum, at 1-800.474-2371, or www.arb-forum.oom.
H there. Is a conflict between the Rules and this contract,' this contract shall govern., This contract is subject to the Fftd?al gtoilrates
Way § 1 at seq.) and the Federal Rules of Evidence. The arbitration decision shall be in writing with a suppo ingp opinion. V
N pay your total reasonable arbitration fees and expenses (not Including attorney fees, except where applicable law otherwise provide
fn excess of $125. We will pay the whole filing fee if we demand arbitration first. Any portion of this arbitration clause that is unan orceal
shaft be severed; and the remaining provisions shall be enforced.
FC 17637-Sr (JUL 06) (Previous editions may NOT be used.) SEE OTI4ER SIDE FOR ADDRIONAL.A.GREEMENTS
FC 1783741.SWC 17637-RCO
ADDITIONAL AGREEMENTS
A. Payments and Summary Notice: You must make all pay-
ments in U.S. funds when they are due. You may prepay your
debt at any time without penalty. This is a simple interest contract.
The actual finance charge you-agree to pay will depend on your
payment patterns. The actual finance- charge may exceed the
disclosed Finance Charge 9 you make your payments later than
the scheduled dates or in less than the scheduled amount. Your
payment will be applied first to the earned and unpaid part of the
Finance Charge and then to the unpaid Amount Financed. The
Finance Charge-is earned by applying the Annual Percentage
Rate to the unpaid Amount Financed for the actual time that the
unpaid Amount Financed is outstanding. If the vehicle is repos-
sessed, you will not have the right to reinstate the contract unless
the Seller agrees.
B. Balloon Payment Contracts- If your last installment payment
under this contract is a balloon payment as indicated on the front
of the contract, you may handle the last installment payment in
one of three ways.
First, you may pay all that you owe when the last installment
payment is due and keep your motor vehicle,
approve the type and amount of insurance. If the vefffcid Is lost,
damaged or destroyed, you must pay tole Seiler what Is still
owed.
You agree that the Seller can make a claim under the insurance
policy. Your authorize the insurance company to provide Seller
any information Seller believes necessary to make a claim. You
must use insurance proceeds to repair the vehicle, unless the
damage to the vehicle is considered a total loss. If the damage
to the vehicle is considered a total loss, you must use the insur-
ance proceeds to pay what you owe the Seiler. If your insurance
on the vehicle doesn't pay all you owe, you must pay what is still
owed.
G. Returned Insurance Premiums and Service Contract
Charges: This contract may contain charges for insurance,
service contracts, or other contracts..You agree that the Seller
can claim benefits under these contracts and unless prohibited
by law, terminate them to obtain refunds of unearned charges to
reduce what you owe. If the Seller gets a refund on insurance,
service contracts, or other contracts, the Seller will subtract it from
what you owe. Once all amounts owed under this contract are
paid, any remaining refunds will be paid to you.
Second. you may refinance the last installment payment unless
you are in default under this contract. If the Seller has advanced
funds to cure any default, you must pay back the Seller before
the refinancing. You also must provide proof of insurance accept-
able to Seiler before the refinancing. The Annual Percentage Rate
(APR) for the refinancing will be the lower of the APR agreed to
by you and the Seller at the time of the refinancing or the
maximum rate permitted by law. The term of the refinancing will
be based on the amount refinanced, the rate, and the amount of
the monthly payment. The refinanced monthly payment shall be
the same as in this contract if the refinanced amount will be fully
paid within 36 months of the due date of the last Installment
payment. Otherwise, the monthly payment amount shall be the
amount needed to fully pay the refinanced. amount within 36
months of the due date of the last Installment payment. It you
wish to refinance, you must notify the Seller in writing. Except as
discussed in this section, the notice must be received no later
than 30 days prior to the due date of the last installment payment.
Third, you may sell the vehicle to the Seller for an amount equal
to the last installment payment. You must pay to the Seller any
other amount owed under this contract. Amounts you owe will be
based, in part, on the vehicle's mileage. You also must pay to
the Seller the estimated costs of all repairs to the vehicle that are
the result of excess wear and use, as set forth below. You must
take the vehicle to a place selected by the Seller for inspection
no later than 15 days prior to the last installment payment due
date. After the inspection, if you decide to sell the vehicle to the
Seller, you must give the vehicle to the Seller no later than the
last installment payment due date. At that time, you must also
give the Seiler a title, which shows no Hens other than the Seller's
lien, transferring ownership to the Seller or a person selected by
the Seller. After the inspection, if you decide not to sell vehicle
to the Seller, you must immediately contact the Seiler and inform
the Seller whether you want to refinance the last installment
payment.
C. Damage Repair: If your last installment payment under this
contract is a balloon payment and you sell the vehicle back to
the'Seller under Paragraph B, you are responsible for repairs of
all damage to the vehicle that are not the result of normal wear
and use. These repairs include, but are not limited to, those
necessary to:
(i) replace any tire not part of a matching set of four or any tire
which has less than 1/8 inch of remaining tread;
(if) repair all mechanical defects; " -
(!if) repair or replace all dented, scratched, chipped;. rusted or
mismatched body panels, paint or vehicle identification items;
all dented, scratched, rusted, pitted, broken or missing trim
and grill work; all scratched, cracked, pitted or broken glass;
all faulty window mechanisms; all broken or burned out lights;
all electronic malfunctions; all interior rips, stains, bums or
worn areas; and all damage which would be covered by
collision or comprehensive Insurance whether or not such
insurance, is actually in force.
If you have not made the repairs before inspection of the vehicle
under Paragraph B, you will owe -the estimated costs of such
repairs, even if the repairs are not made prior to your sale of the
vehicle to the Seller. If you disagree with the estimated costs of
repairs; you may have the repairs made at your expense prior to
your sale of the vehicle to the Seller.
H. Default: You will be In default if:
1. You do not make a payment when it is due; or
2. You gave false or "misleading information on your credit
application relating to this contract; or
3. Your vehicle is seized by any local, state, or federal
authority and is not promptly and unconditionally returned
to you; or
4. You file a bankruptcy petition or one is filed against you; or
5. You do not keep any other promise in this contract.
If you default, Seller can exercise Seller's rights under this con-
tract and Seller's other rights under the law.
1. Repossession: if you default, the Seller may require you to
pay at once the unpaid Amount Financed, the earned and unpaid
part of the Finance Charge and all other amounts due under this
contract. Sellermay repossess (take back) the vehicle, too. Seller
may also take goods found in or on the vehicle when repossessed
and hold them for you.
J. Your RIOt To Redeem: If the vehicle is taken back, Seller
will send you a notice: The notice will say that you may redeem
(buy back) the vehicle and will explain how to redeem the vehicle.
You may redeem the vehicle up:to the time the Seller sells it or
agrees to sell it. If you do not redeem the vehicle, it will be sold.
K. Disposition of Motor Vehicle: If the vehicle is taken back
and sold, the money from the sale, less allowed expenses, will
be used to pay the amount still owed on the contract. Allowed
expenses include those paid as a direct result of having to retake
the vehicle, hold it, prepare it for sale, and sell it. Reasonable
lawyer's fees and legal costs are allowed, too. If there is any
money left a (surplus), it will be paid to you. If the money from
the sale Is not enough to pay off this contract and costs, you will
pay what is still owed to the Seller. If you do not pay this amount
when the Seller asks, the Seller may charge you Interest at the
highest lawful rate until you pay.
L. Collection Costs: Except as otherwise provided by law, you
must pay any and all expenses related to enforcing this contract,
including collection expenses, lawyers' fees and other legal
expenses..
M. Consumer Reports: You authorize the Assignee listed on the
front of this contract to obtain consumer credit reports from con-
sumer reporting agencies (credit bureaus) for any reason and at
.any time-in connection with this-contract.
N. Applicable Law: You agree that this contract will be governed
by the laws of the state of Pennsylvania.
0. General: This contract contains the entire agreement between
Seller and you relating to the sale and financing of the motor
vehicle. If any part of this contract is not valid, all other parts stay
valid. If Seller doesn't enforce Seiler's rights every time, Seller
can still enforce them later. Seller will exercise all of Seller's rights
in a lawful way.
If your last installment payment-under this contract is a balloon
payment and you sell the motor vehicle back to the Seller under
Paragraph B, you are hereby notified that Creditor has assigned
to Of Exchange, in its capacity as Creditor's qualified intermediary
Its rights (but not Its obligations) with respect to the purchase and
sale of this vehicle at contract termination.
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 authorities.
Date:
g I?! orris, Esquire
tenaud & Felix, A.P.C.
213 E. M n Street
Carnegie, PA 15106
(412) 429-7675
PA-01 Atty Verification P&F File No. 2800.5671
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06817 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRIMUS FINANCIAL AUTOMOTIVE SV
VS
JUDY DJ
DAWN KELL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
JUDY DJ
DEFENDANT
the
, at 1912:00 HOURS, on the 26th day of November-, 2007
at 152 WYOMING AVENUE
ENOLA, PA 17025
MEGAN BONETTI
was served upon
by handing to
ADULT IN CHARGE
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
Service
Affidavit
Surcharge-;/
a o
Sworn and Subscibed to
before me this
So Answers:
18.00
14.40
.00
10.00 R. Thomas Kline
.00
42.40 11/27/2007
PATENAUDE & FELIX
By: day Deputy Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-6817
V.
DJ JUDY
Defendant(s)
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 Prep Def Jg Both P&F File No. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-6817
V.
DJ JUDY
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 April 07, 2007
Less payments received
Attorney's fees
TOTAL
$4,445.91
$583.53
$0.00
$1500.00
$6529.44
With continuing interest on the principal amount of $6529.44, 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.
submitted:
Felix, A.P.C.
Date:
Esquire
113/,E. Main S eet
egie, PA 1 06
412) 429-7675
PA_ 119 Prep Def Jg Both P&F File No. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
DJ JUDY
Defendant(s)
NO. 07-6817
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), DJ JUDY, 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.
y submitted:
Date:
Sworn to and subscribed before me this
day of , 20
Notary Public
Fe)ix, A.P.C.
rris, Esquire
Street
(412) 429-7675
PA_120 Aff of Non Mil P&F File No. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-6817
V.
DJ JUDY
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. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
DJ JUDY
Defendant(s)
To: Dj Judy
152 Wyoming Ave
Enola Pennsylvania 17025
Date of Notice: December 17, 2007
NO. 07-6817
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
Date
y submitted:
& Felix, A.P.C.
rreg L. Morris, Esquire
213 Main Street
Carnegi , A 15106
(412) 429-7675
PA_111 10 Day D1 P&F File No. 2800.5671
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:
Dj Judy
Defendant
152 Wyoming Ave
Enola PA 17025
Date:
rater g L. orris, Esquire
aud & Felix, A.P.C.
213 E. M n Street
Carnegie, PA 15106
(412) 429-7675
PA_1 l 1 10 Day D1 P&F File No. 2800.5671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
NO. 07-6817
V.
DJ JUDY
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. 2800.5671
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v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRIMUS FINANCIAL AUTOMOTIVE SERVICES
Plaintiff
V.
DJ JUDY
Defendant(s)
NO. 07-6817
NOTICE OF ORDER DECREE OR JUDGMENT
AGAINST DJ JUDY 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 / A OR
( ) 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 $6529.44, 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 /sl L
Deputy
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 Nte Jgmt Both P&F File No. 2800.5671