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HomeMy WebLinkAbout08-3291IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC 2200 Fletcher Avenue, 5t' Floor Fort Lee, NJ 07024 V. Plaintiff Bob Evans 11 W Pine St Mount Holly Springs, PA 17065-1324 and Tina M Anderson 11 W Pine St Mount Holly Springs, PA 17065-1324 Defendant : CIVIL ACTION - LAW NO. p$ - 3aq { Civ; I Tem NOTICE TO DEFEND YOU have been sued in Court. If you wish to defend against the claim 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 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. 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 CIVIL ACTION - COMPLAINT TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, CSGA, LLC, as Assignee of MITSUBISHI MOTORS CREDIT OF AMERICA.INC, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: SERVICE I . Plaintiff may be contacted through its undersigned attorney of record. 2. Defendants may be served at 11 W Pine St, Mount Holly Springs, Pennsylvania 17065-1324. VENUE 3. Venue of this action is proper in the county named above because Bob Evans and Tina M Anderson are individuals believed to be residing in said county at the time of commencement of suit and/or Bob Evans and Tina M Anderson are believed to have executed in said county the agreement on which this suit is based. FACTS 4. Defendant entered into a Retail Installment Sale Contract dated October 26, 2002 ("the Contract'). A true copy of the Contract is attached as Exhibit A and incorporated herein by reference as if fully set forth verbatim. 5. Defendants defaulted on the obligation to make payments due under the Contract. 6. Plaintiff is the assignee of the Contract and is the legal and equitable owner of the debt evidenced by the Contract and all rights of the obligee/creditor thereunder. 7. Upon Defendants' default under the Contract Plaintiff's predecessor-in- interest gave all notices required by the Contract and applicable law, properly accelerated the balance of principal and accrued and unpaid interest, and demanded payment from Defendants; however, Defendants did not pay the balance due. 8. Pursuant to the Contract and applicable state law, Plaintiff's predecessor- in-interest took possession of the collateral securing the debt, and disposed of it in a commercially reasonable manner, after first giving all notices required by the Contract and applicable law. 9. After applying the net proceeds of the sale to the debt, a deficiency balance of $10,118.80 remains due and owing to Plaintiff, as shown on the Deficiency Balance Statement attached as Exhibit B and incorporated herein. 10. Through its attorneys Plaintiff has demanded that Defendants pay the deficiency balance, but Defendants did not do so. Plaintiff seeks judgment for the deficiency balance, together with all applicable interest charges. CONDITIONS PRECEDENT 11. Through its undersigned attorney Plaintiff has demanded payment from Defendants, but Defendants have not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred. WHEREFORE, Plaintiff respectfully requests judgment against the Defendants, Bob Evans and Tina M Anderson, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $10,118.80, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendants. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. Respectfully s tted, By: Cory D. Piontek, Esquire BRONSON & MIGLIACCIO, LLP Attorney ID # 83299 2 Walnut Grove Drive, Suite 330 Horsham, PA 19044 (877) 516-1291 VERIFICATION I, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CSGA, LLC Date: ?9-f u -n A & MITSUBISHI RETAIL INSTALLMENT CONTRACT - SIMPLE INTEREST Go _ - eOy&twdCO&"IF--" MldAd&M(Udh& Cam and LOOOL" Credila lSdkr Name and Address) ROBERT N Ems TINA N ANDERSON 11 M PINE ST 11 N PINE ST AIRQNm NITSILmisHI NT HOLLY SPRINBS PR 170 MT HOLLY SPRINGS PA 17 4138 I]INlERS HILL ROAD Yau, ilea fk" (red remaRT shorn balOw r'AW Soda Pala , dYNiq YW CMftd. You eN m to birM wiMde oaadE Indertlr? I. ahoM, boor a clan No., The innermost end polo k militiaman, mYM Rap and bat of ".."at cameo. NOTICE TI IUTEIA OF USED VESICLES (AS REFINED IN THE FTC USED MOTOR VESICLE TRADE REGULATION Aelq: Tk letINN yr Ion r art r flit wbkw IoM IN INS "M* IS W d ides artrKL IIINNNin rt 1111 mission, Intel mrri6n aq cntnry /rniska k like alt e d In a...a - New a Used Year Make and Model vela idatolicatim No NEW Primary Use he Wach Ruchased NTTq1NjLAMCpV ? Ax Crlnditionalg ? Radio O 3,Slxsd 7rar. r shil ? owsaw ? aw.Cut n al ? Sus Roof ? Simr O Automatic Trees ? Cwjan Wheda O ? business ? It busin M - Describe ess use is checked, Buyer is ? an individual ? a co aW a part ownership Oocrlwlr Map fE0E1AL TNYTN-IN-LEINNA NSCLO7YREi ANNUAL PERCENTAGE RATE FI Financed TMaf a Payr ants Total Sak Prize The cwt of your aedit as a ta t a credit Pro- The amourq you will have paid The lard coal a yrmy rate yr or on yo r ore your PurGrese Ydu Rae made all pa o di i l i y n Cre ng your it=. t. nc ud menu as samduled. MM daymem d S S -iB- S --- 76 Trr hmm k1Mda cal R Numbs a Stunt dl Paymrm When Payments Are Due Or as Fill bw s Mmsby D" Irani of 22 1 332_ 93 Planar IYou pay ON at your debt wly, you will em ham to pay. Wmb, Nosy. You as rraa a "MM bMmd in she "*Is 6" pMtlmsed. Sao tlm taaad dommmb in Fry addilbnd pmarnlaYOn abbe natprymMN, dalwA, and any iegarad fWYA M in kill bWwf this Mhedided data . ITENIIATIN OF THE ANINNT A.... tv I Unwid Balance of Cash Fries (, norms 2l --' ,^? trdwq I Oder Chapee kvmudirq Aaunh mild to ONme on yor Raw(C R l S (2) s aaD Pal of holes n a meY arcoma) VCost a Physical Oamgle Irmuarxa Purchased lmalal Creditor and Paid to the Insurance CommrY Nord Balow - ComrMd Danpe to the vehicle - to Mmms Of Contra" S I' Cost of Optional Mechanical Projection Pin lot Payable to: (I art camel MmNS of CArerape subject to Mileage Licit ??- C' Cost Of Opowel Credit MsaanCe Paid to the Insurance Company or Compensate, Named Rehr - S-'° °?- br Mwtw of OMrgp Life S NiR DiubilitY• Accident and Health $ t CM4al Far PrYdb PuMOONltlsla -.itsP?_ E Ate Na bcbded In Cate Pre, Paid ro Pabik OfACkh S----- 1110I F OdYM TW9IkNft anMtr RagkbaYm Fir Paid to Public Omsk (Mmiae) s---ElE?-i'C-- a Aovsrapetm CMMwh of TNa For Paid to PuMO ONui.k 5 N Omer CAarpes (Satyr mml rdentpy elm ine receive PaYmbm ad describe purpose) S to 81,11111M HARRTSM AND' Em S -.10_ for _ AdNaaW r iwm wmiAe - IMa Of PaYmen 15+0) a *085 0 Parade S? hale alprapnm sdwWe): a,E- kmblkrms of S ?J „?.._ each, mm?tley mcimine Red acrd By State Law - B2-. OR 1 them of a - Ir/A due and mmlMy O"whis Of s - Marini I If MY morarca is docked baba, sperw the patties a' daafb N" GUM by the CMWM ,.it will describe the tams am C"I" you ma who Ingl IM MUM Physical damape mown is rogupad: bol You may buy If cons artyam YOU wade cane is attelNabk to the Claims, sod" Nm mow plan m Flea ? You have elmbo to buy the insurawe checked bebw through the Creditor and you agrea to pay the additional ? YOU hale alecbd b biry a Maspanical 1 and Mien is shrown in 4A of the Itemization above This cwt is included k the Acme nt Financed You understand prNection Plan You that you must read the insurance policy la exact Coverages and exclusions aped to n4 of aAANad owl wttiM is sheen in rB of Insurance CprlpailY Tana momhs the liters Han item. This cost is r, I. the Amddm Financed. i Premium °?S Midi Deductible Collision s Tamc?36moMhsor36,o00miies w'lach, i, ?S NI Deductible Camprethewiue including Fine. Thell and CtanOiwd s ever occurs first Additional Comrade Ter :??? " ? Fire Thep and Combined Addiliabl Comrape a ? S25 UeduP e 0 IMditcabb Tad NteBN ftpko Imp, internal -1A7rt' ? S Da)uctibN Optimal, it dewed - ?TONng and Labs Costs ? Rental Reimbureenwm ------ 111711T_ ? CR Radio Equipment -TT/TT ? You new bought or NN buy redllaed coverages enalph (Insurance Company or Ago" THE INieAAMCE IF ASV, {EFEAREI TI IN THIS CONTRACT DIES NOT INCLNBE COVEAABE FOR IOIILY INJURY LIABILITY, FORLIC UA- IILITY ANI IIIPEATY DAMAGE LIABILITY. CNEIIT01 MILL AP?LV FIA CIVEIA{Ei CBECSEB ABOVE ON IENALF OF IML ?he additional cost wwhon --is inc ft Armin Me nor regaeo ro chdn actor. died war rot be Provided mrkas you sip and allies Type R Imp Tmm(morms) signature Credit Life Single Coverage S I weel credit Is. Jain Cow S nsuarce. Credit Dj, a* s Sgrture I worm credit disaMbty imuarce 6 Nturc CREDIT LIFE AND DISABILITY INSURANCE: N you aka credit cearance cumlipe and are accepted by th amtrarca described in tMpdicies a certificates iswembytheirMtrace eaa nce inp Samsaid pprldidens will hea. Creditdisadlll irwrrce O?yTheaipnalrammlapNdeenaygtamcredp fill amaypywM ..yaxwMi Y paymeMSwAI rglal lnenw4WOayp4Mhictalt0utwifl notbeametMnfl.lwommisCommy UFE ANA N MLITY INNMNCE NAY M WWEN THE ENTIK OMT HE DIES 1012 CANTNSSF. TOY NM SEE MI PMV 01 CERTIFICATE IN EXACT CMME YOU UNDERSTAND THAT THE CREDITOR OR HOLUER OF THIS CONTRACT EXPECTS TO PROFIT FROM THE SALE OF INSURANCE. YOU CONSENT TO TXlS. IgTICE: r sire Oont Mpyaa wrtaapnxdwA mu mm br er wlauv caw t? r,,,,,,., ,.,,.._...` ? _____ nLl ?Imain:bc may pcpq, m canadin kM sr in peal n.myan Mhem pmMYNPaCrsdbr Wu baAMValadsduct mmconm . Cede map lea don notham b. ebw Pub mintd. Nor mesacadwamrs WAw.blGedaa Wes rsMWamen,Nveil orids dIhe tin.dM.YeMrdade rmM to am it&.% 6. N slow tekNabiaaM urtlr Mona YN *w UIM calrlld ON NOTICE TO BUYER: 1. DO not son this CDINrTct in blank. 2. Yoouu are entitled to an exact copy of the COW you sign. 3. Keep Ito pr your legal rights. :711 Ctedh re a B w ISFAII eatl a SEAL) Speahepd Burn `A'LOC SEAL) UndeTSigned hereby a ceipt from Creditor of a true, correct and complete caofulI this contract at time of execution. Buyer signs Co buyer Signs (kN4'Me aldl OIMr Owpaa - A rtrbYa is a paean woo is reepamkk he PW4 tae rrte mtm An ore ommc is a pram Noe actor is an the hold b me beadle am me base to sty da de. The wbvyer Or mho corer an" dial Mtfaimeo has a mar iv kew I. h maids, all cmamis to iota swomy moment. is compact we mmor made, dte him$ of she °3,sy Alessi dm Now a*. nmmltYAW MMON re, me, hr me Il emel - °^•" r'w rwrmaws naam pMr"y NOi?E: Ihe tans emlaM ore lzMakedm aMmamspape. ORKi1NAL + ?„ ACCOUNT#: 14538335070800577 Forwarder: CSGA, LLC Acct#: 10006079231059001 ACCOUNT INFORMATION REPORT FINANCIAL Original Creditor: MITSUBISHI MOTORS CREDIT OF AMERICA,INC Debt Type: AUT STATUS: PRE-LEGAL WIP# Days Left Assigned to: LPASTEVENS2 0 0 Placement 07/31/2007 $10,118.80 Last Payment $0.00 Principal $10,118.80 Interest $0.00 Attorney $0.00 Court $0.00 Misc $0.00 BALANCE $10,118.80 Personal Information Debtor 1 First BOB Address 11 W PINE ST City MOUNT HOLLY SPRINGS Country USA Work Tel (717)697-8907 Ext SS# DOB 02/21/1959 Spouse Debtor 2 First TINA Address 11 W PINE ST City MOUNT HOLLY SPRINGS Country USA Work Tel (717)697-8907 Ext SS# -S DOB Spouse Bank and Asset MI Last Name EVANS ST PA Zip 17065-1324 Province Home Tel Fax Driver's License # State MI Last Name M ANDERSON ST PA Zip 17065-1324 Province Home Tel Fax Driver's License # State There is no bank information on this account. Debt Service Provided AUTOMOTIVE Placement Breakdown Page 1 of 2 03/10/2008 10:57:04 fi4 ACCOUNT INFORMATION REPORT ACCOUNT#: 14538335070800577 FINANCIAL Forwarder: CSGA, LLC Acct#: 10006079231059001 07/31/20Placement $10,118.80 Original Creditor: MITSUBISHI MOTORS CREDIT OF AMERICA,INC Last Payment Debt Type: AUT $0.00 Principal $10,118.80 Interest $0.00 STATUS: PRE-LEGAL Attorney $0.00 Court $0.00 WIP# Days Left Misc $0.00 Assigned to: LPASTEVENS2 0 0 BALANCE $10,118.80 Principal $10,118.80 Awarded Int Attorney Fees court costs Misc Costs Accrued Int Total Placement $10,118.80 Ori ginal Loan Terms Contract Date Number of Payments Interest Rate % Collateral 4 Debt Type AUT Last Payment Date Last Payment Amount Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 2 of 2 03/10/2008 10:57:04 P OCi -'?) , r p - r L n7l n 7 -- r FTJ I SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03291 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CSGA LLC VS EVANS BOB ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANDERSON TINA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT , ANDERSON TINA M 11 W PINE STREET MOUNT HOLLY SPRINGS, PA 17065-1324 PER BOB EVANS, DEFENDANT HAS BEEN DECEASED SINCE OCTOBER 2007. Sheriff's Costs: So answers: Docketing 6.00 .-?- Service .00 ---'? Not Found 5.00 R. Thomas'Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 BRONSON & MIGLIACCIO 00/00/0000 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CSGA LLC VS EVANS BOB ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 7VANR Rnp the DEFENDANT , at 1100:00 HOURS, on the 4th day of June 2008 at 11 W PINE STREET MOUNT HOLLY SPRINGS, PA 17065-1324 by handing to BOB EVANS 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 Service Affidavit Surcharge 11 1 to /1) V So Answers: 18.00 6.00 ' .?!`?•? 00 10.00 R. Thomas Kline ? .00 34.00 06/05/2008 BRONSON & MIGLIACCIO Sworn and Subscibed to By• _ before me this day Deputy Sheriff of A.D.