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Home My WebLink About03-5708JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ONYX ACCEPTANCE CORPORATION 27051 Towne Centre iDrive Foothill Ranch, CA 92610 MARCIA H. SWARTZ 440 Prowell Drive Camp Hill, PA 17011-0000 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION 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. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ONYX ACCEPTANCE CORPORATION 27051 Towne Centre [)rive Foothill Ranch, CA 92610 V. MARCIA H. SWARTZ 440 Prowell Drive Camp Hill, PA 17011-0000 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION COMPLAINT 1. Plaintiffis Onyx Acceptance Corporation, having a place of business at 27051 Towne Centre Drive, Foothill Ranch, CA 92610. 2. Defendant is Marcia H. Swartz, who is an adult individual with a last known address of 440 Prowell Drive, Camp Hill, PA 17011-0000. 3. On or about July 18, 2000, Defendant entered into a Motor Vehicle Installment Sale Contract with Curtis Ford-Mercury for the purchase of a certain 1996 Ford Taurus VIN #1FALP57U3TA148856. True and correct copies of the Motor Vehicle Installment Sale Contract and Certificate of Title for the subject vehicle are attached hereto, collectively, as Exhibit "A", and the terms thereof are hereby incorporated by reference as if fully set forth. 4. On July 20, 2000, Curtis Ford-Mercury assigned the Motor Vehicle Installment Sale Contract to Plaintiff~ See Exhibit "A" hereto, the terms of which are hereby incorporated by reference as if fully set forth. Fl ~JGEFTMAN\ONYX ACCEPTANCE CORP 950 OO0\forms\complaint for onyx wpd 5. On July 17, 2001, Defendant went into default under the Motor Vehicle Installment Sale Contract, by failing to make payments due thereunder. 6. As a result of such default, Plaintiff, pursuant to its rights under the Motor Vehicle Installment Sale Contract, took possession of the subject vehicle and sold same to a third party. True and correct copies of the Notice of Intent to Dispose of Repossessed or Surrendered Motor Vehicle sent to Defendant by Plaintiff is attached hereto as Exhibit"C", and the provisions thereof are hereby incorporated by reference as if fully set forth. 7. The amount for which the subject vehicle was sold was $3,500.00. See copy of Deficiency/Surplus Statement attached hereto as Exhibit "D", the terms of which are hereby incorporated by reference as if fully set forth. 8. Currently, the total indebtedness owed by Defendant to Plaintiff with regard to the subject vehicle is as follows: Remaining balance at time of repossession Repossession fees Remarketing fees $7,773.87 350.00 517.73 Total $8,641.60 The difference of the foregoing amounts, which is Plaintiff's deficiency from the sale of the vehicle, is $5,141.60. 10. Pursuant to the Motor Vehicle Installment Sale Contract, Defendant is responsible and liable for the $5,141.60 deficiency on/from the sale of the vehicle. 11. In addition, the Motor Vehicle Installment Sale Contract provides that Defendant is responsible and liable for attorney's fees and costs incurred for collection of amounts due under the Motor Vehicle Installment Sale Contract. 12. Plaintiffwill incur attorney's fees of $1,713.87 in proceeding against Defendant to collect the aforementioned deficiency amount. WHEREFORE,, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in an amount of $6,855.48, plus interest, costs of suit, and such other relief as the Court deems fair and just. JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff VERIFICATION I, Jeffrey Carmth, agent for the Plaintiffherein, hereby state that I am a duly authorized agent for Plaintiffin this action and verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 39 4904, relating to unsworn falsification to authorities. JEFFREY CARRUTH AND c~etly~ (2), AS AP~I. ICANLE, ACXNOWLF.[~E R~(:[IPT OF A COMPS'TED COPY OF 13ils CONTAS~ AT'rilE A"L'TACH~NT ASSIGNM£NT ~ITEOL~T R.~COUP~£ FOR v,.~.LrE ,~LECEIV~D. the undcrsi~,ned (nssig, nor) does here~' sell, nss~ ~nd transfer ~o Oh'YX ACCEPTANCE CO'OPTION " :::~ 4s or their n~[. rule =nd interest Io thc ~[t~chc~ ngteemcm, Bo~ower: ~ ~4~ ~ ~ Ve~clc Idcmific~ion ~ ~e motor ~'e~cJe ~cscfl~d lhcrcm, and'~hc mon~s to ~me duc hereunder, such ~ssz~ent mane ~COC~SE m consJdc~tmn af~e ~o~lo~n~ ~pr~nMtio~ and ~fltl~: (~) Zhal sn~d a~cmem rcpresems :~c :~mc o~ such e.~e~tton said ~wcr ~1s 0f ~c~[ age tad com~tem to ex~ule s~id a~cment:'(c) Ihat ~etor Ye~ctc which ts subj~t to said ~cmcm is I~ty and a~lely de~d ~hercin. and has ~cn dchvercd ,nra ~e ~sscss~on of gid ~owcr and thai appli~tion has ~n mode for Pe~'h~a re~strztion and ass~ee as legal owner: (d) that the amour r~itcd ns hax~ng ~n paid as a do~ ~cnt ~s actually ~d ::s~ and not ~ts eq~x'alcm, the undersigned has nat assisted th~ 8o~r in ~ai~n~ a Loan from any t~r~ rote:pt aaa ~hat the te~ of Loan and statcmems set foflh in tbe n~c~mem and in the slatcment of transacuon are :onta~ne~ ~n the a~eemem: ~0 that the i~o~ation ~nce~in8 the ~owet. tnclu~n& the t~emt~' of the ~ne~er. ~ en on ~he bla~ p~'ided for the ~se. is ~1)' ~t down the~in, and ~hnt =to s~o~auon ts ~o,,cr's cre~ application submilled to the assisnee:.(g) Ihnt the sssi~ot has no i~o~atmn or reason to s~s~ct tn~t ~n)* pro~'~sion of the =~r~mcnt ~uld ~ ¥iol=ted and that the ~nawet is nm a &~ moral [~n3nct~l ask: ih) sa~d com~cl, and Ihe t~n~aion ~'i~nc~ t~/. ~nd all ~sclosutes to ~nm~r and o~hcr mn~lcrs ~n come, ion with said contact nr~ in all r~s made as r~uired ~' and in ac~t~nce ~h. all ~pphc=bic federal and stale la~ and re~lntions go~mtn~ the ~me: (i) Lender a~r~s not ~o accc~ or ~ssess~on of ~ymcnts on said motor ~'ehiclc. wilh~l p~or written consem m Iht holder oft~s contract. ~} ~nqccs~&ncd ~nts and tep~sents that nil t~ui~ments of the Fed~l Troth In Len~n~ Law and an? other :onsumer cre~t laws telnlin8 m the witEin a~menl hnx~ ~n p~tly sa~is6ed and UndersiBne~ here~y ~o m~emm~' sa~ =ssi~ee n~msl and hold said n~i~ee ba~less whether well [ounde~ b~Jes~ et othen, se t~=~ ~here has ~en a ~'ialation of. or [ailu~ Io ~mpty pro,rig ~t~ a~ such ta~ in co~tion w,h an~ of the represemat oas or warranties be rutse, the assis,qor agi'ees to pay the ass ~ee o~ holder zhc tull unpaid ~lzncc of the a~eement. ~'hcthet or not ~s~ssion of thc motor ~'a~clc ~aken b~ ass~ec or suit ~2s ~en instituted a~inst the ~no~r or thc assignor, or ~h ~s~o~ ~n=~ ~n8 ~ssession of said motor ~'c~clc shall not ~ deemed an election of rcme~es, ann ~' an} de~ci~n? I~ctc=~cr remal~n~ Zf assi~¢c ts ~uired to bnng action against nss~nm Ihe ~reach of an? t~te~matt~n or wa~n~' ~ntaincd in ~s assi~em, assi~or a~ces to ~' ~t3soRoole 3ltome?'s fees and cou~ costs incu~ ~' assi&ncc in such action. ~e assi~or ¢onsems 1o c~cnszo~s menz ot alternlmns of sa~d n~eement or im~i~ems of tcme~es w~ch m~y ~ &r~mcd b~' thc ~na ~, a:~'es any and all no ice o~non ~ymem, deman~ pmsemmem or pratesl, which othenYzse under t~s ~ss:~mcm or sn conncmian the~with, ~signor hereby waives all statutes of limitations :e[ense thereof. Dec.:er Name Customer Name/Address: MARCIA H. SWARTZ 440 PROWELL DRIVE CAMP HILL, PA 17011 27051 Towne Centre Drive Foothill Ranch, CA 92610 (949)465-3940 (Page 10f2) DATE OF NOTICE DATE OF REPOSSESION October 5,2001 October 3, 2001 ACCOUNT NUMBER DATE OF CONTRACT 017-58-04685-1 July 18, 2000 BUYER CO-BUYER ami/or GUARANTOR. MARCIA H. SWARTZ NONE DESCRIPTION OF VEHICLE YEAR [ MAKE - MODEL 96 I FORD TAURUS VEHICLE IDENTIFICATION NUMBER 1FALP57U3TA 148856 DEALER'S NAME [ DEALER'S PHONE N/A I N/A DEALER'S ADDRESS NOTICE OF INTENT TO DISPOSE OF REPOSSESSED OR SURRENDERED MOTOR VEHICLE ~'~1 We have repossessed your vehicle. [] You have voluntarily turned in your vehicle to us. The vehicle shall remain within the state where it was located at the time of the recovery for at least fifteen (15) days from the date of this notice, YOU ARE IN DEFAULT UNDER YOUR CONTRACT AS FOLLOWS: DUE DATE AMOUNT July 17, 2001 $210.97 Augus} 17, 2001 $210.97 September 17, 2001 $210.97 $0.00 Earned Late Charges: $33.42 TOTAL: $666.33 [] Other: HOW TO GET YOUR VEHICLE BACK: You can restore the contract and pay future monthly payments as they become due. This is called "redemption." To redeem, you must pay us the total amount shown, or take the appropriate action indicated, under "TO REDEEM" below within the time period indicated. In the alternative, you or any other person liable on the contract may recover the vehicle by paying us the total amount shown under "TO SATISFY ACCOUNT [N FULL" below before the vehicle is sold or contracted to be sold. iNSURANCE RIGHTS: If you don't want to get your vehicle back, call the insurance company or the dealer to make sure that any insurance has been cancelled. You have a right to get credit for all premium refunds. Customer Name/Address: MARCIA H. SWARTZ 440 PR_OWELL DRIVE CAMP HILL, PA 17011 27051Towne Centre Drive Foothill Ranch, CA 92610 (949)465-3940 DATE OF NOTICE October 5,2001 ACCOUNT NUMBER 017-58-04685-1 BUYER MARCIA H. SWARTZ (Page 2 of 2) DATE OF REPOSSESION October 3, 2001 DATE OF CONTRACT July 18, 2000 CO-BUYER and/or GUARANTOR NONE DESCRIPTION OF VEHICLE 96 FORD TAURUS VEHICLE IDENTIFICATION NUMBER 1FALP57U3TA148856 DEALER'S NAME [ DEALER'S PHONE N/A I N/A DEALER'S ADDRESS N/A NOTICE OF SALE [] PRIVATE SALE: The vehicle described will be sold at a private sale any time after fifteen (15) days from the Date Of Notice shown above unless recovered by you prior to such sale. A sale could include a lease. [] PUBLIC SALE: The vehicle described will be offered for sale at public auction to the highest bidder on the date (or any adjoumment thereof) and at the time and place indicated below unless recovered by you prior to such sale. A sale could include a lease. You may attend the sale and bring bidders if you want. DATE OF SALE TIME OF SALE PLACE OF SALE A.M. ' P.M. you need more information about the sale, call us at (949) 465-3940 or write us at the address at the top of this notice. You are entitled to an accounting of the unpaid indebtedness related to the vehicle we intend to sell. You may request an accounting by calling us at (949) 465-3940 or write us at 27051 Towne Centre Drive, Foothill Ranch, CA 92610 and request a written explanation RIGHT TO MONEY LEFT OVER FROM SALE - When your property is sold, the sale proceeds will be applied as required by law and your contract. The proceeds of the sale will be applied to the actual payment of (1) actual and reasonable expenses of sale; (2) actual and reasonable expenses of any retaking and storing of said property; and (3) the balance due under the contract covering the financing of said property. If any money is left over (after paying your balance due, including charges but lass rebates, and our costs), it must be paid to you within a reasonable time after the sale, unless we must pay it to someone else. Within thirty (30) days after the January 18, 2002 SWARTZ, MARCIA H 440 PROWELL DR CAMP HILL, PA 17011-0000 27051 Towne Centre Drive Foothill Ranch, CA 92610 (800) 769-9114 DEFICIENCY/SURPLUS STATEMENT Account Number: Reference: VIN Number: 01758046851 96 FOR.DTAUKUS 1FALP57U3TA148856 This letter is to advise you of the sale of your vehicle as referenced above, which has been sold at a Private Sale. BALANCE (At time of repossession) Less Sale Proceeds Amount Due Plus Repossession Fees Plus Late Charges Plus Impound Fees Plus Legal Fees Plus P, emarketing Fees TOTAL CHARGES Less Insurance Proceeds Less Interest Rebats Less Interest Due Less l~efand of Warranty LESS TOTAL CREDITS TOTAL DEFICIENCY AMOUNT YOU OWE TOTAL SURPLUS AMOUNT WE OWE YOU $3,500.00 $350.00 $0.00 $0.00 $0.00 $517.73 $0.00 $7,773.87 $4,273.87 $867.73 $0.00 · $5,141.60 If the sale resulted in a Deficiency balance, under ',he terms of your obligation, you are legally respons~le for payment of the deficiency balance indicated above, except as limited by law. If you fail to settle with Onyx Acceptance Corporation voluntarily, Onyx Acceptance Corporation shall review its available options under applicable law and your conU:act If application of the sale proceeds resulted in a Surplus, such amount will be forwarded to you, as required by law, unless it must be paid to someone else. If you have any questions, or to discuss payment arrangements, please contact our office at (800) 769-9114. Thank you, ONYX ACCEPTANCE CORPORATION Charge-Off Department DB/AUC R~v. 07/01/01 SHERIFF'S RETURN - CASE NO: 2003-05708 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ONYX ACCEPTANCE CORPORATION VS SWARTZ MARCIA H REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE SWARTZ MARCIA H DEFEND~kNT at 1439:00 HOURS, on at 440 PROWELL DRIVE CAMP HILL, PA 17011 RONALD REYNOLDS, HUSBAND a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 3rd day of November , 2003 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 9.66 . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.66 11/04/2003 JAFFE FRIEDMAN Sworn and Subscribed to before By: /~'~.~ me this ~ ~ day of Deputy Sheriff thonotary --