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Home My WebLink About08-7004NAN16697 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. • BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PO Box 806 West Caldwell, NJ 07007 973-433-2153 CAPITAL ONE AUTO FINANCE, INC. COURT OF COMMON PLEAS 3901 Dallas Pkwy CUMBERLAND COUNTY Plano TX 75093 VS. DOCKET NO.: DS?` 760q GCE ` `f cfM ANGELA ALVARADO 806 SHERWOOD RD * NEW CUMBERLND PA 17070-1450 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 COMPLAINT IN CIVIL-ACTION Plaintiff, CAPITAL ONE AUTO FINANCE, INC. , is a business entity authorized to conduct business in the Commonwealth of Pennsylvania with its principal place of business at the above captioned address. 2. Defendant), ANGELA ALVARADO is/are adult individual residing at the address above captioned. 3. Plaintiff and Defendant(s) entered into a closed end motor vehicle lease contract which required Defendant(s) to make monthly payments for the utilization of the vehicle. 4. Defendant(s), defaulted on the terms of the lease resulting in a total deficiency of $3,679.89. 5. Attached hereto and incorporated herein by reference as Exhibit "A" is a copy of the lease agreement and deficiency balance documentation. 7. Despite repeated demand Defendant(s) has/have refused, failed ans till refuses to tender payment on this outstanding obligation. 6. Defendant's last payment on account was made on November 11, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,679.89 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: FREDERIC I. WtR4ERG, ESQUIRE Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR P01N VERIFICATION The undersigned, FREDERIC I. WEINBERG, Esquire, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed this verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The undersigned understands that the statements herein are made subject to the penalties of 19 Pa.C.S.A Section 4904 relating to unsworn falsification to authorities. `7? By: FREDERIC I. WE RG, Esquire Attorney for Plaintiff EXHIBIT "A" NAN16697 CAPITAL ONE AUTO FINANCE, INC. ANGELA ALVARADO 3133025 AFFIDAVIT I, !AeRh n NA-.%c_. , being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal lmowledge of the facts and circumstances in connection with this case; 3. Plaintiff s files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 3133025 in the amount of $2,643.59; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to th my wledge, information and belief. T(NZf Affiant) Sworn to and Subscribed before me this $ day of 2008 ota KEM T.BMNi8 I(& MYCOMWO MEXPFO BA12 03313302 NYIN9tliFatl? 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N? ?? ? MIR OOIt• t itpr ? ?M?I tt?. ?10111R Page 5 of 22 rri?f?t?re.r1..r .. Deficiency Debtor Information: Account Number: Debtor Name: Address: SSN: Co-Debter Information: Co- Debtor Name: Address: 3133025 ANGELA ALVARADO 806 SHERWOOD RDNEW CUIBERLNiDPA170701450 Collateral Description: VIN- 2HGEI6627WHS77080 Year: 1998 Make/Model: HONDA CIVIC Repossession Vendor Information: Repossession Date: Repossession Agency: Repossession information: Repossession Sale Date: Timeline: Notice of Intent to sale date: Deficiency Letter date: 1/30/2007 (PA) Renaissance Recovery Solutions INV 3/28/2007 2/1/2007 4/1/2007 How to calculate total balance placed: 1. Payoff as of repossession 54998.02 2. Principle balance as of repossession date: 54779.09 3. Interest owed as of repossession date: $218.93 4. Add Repossession vendor fee: $350 5. Add Vehicle Remarketing fees: $414.5 6. Add unpaid late charges: 7. Add unpaid other charges: 8. Subtract auction proceeds: $0 $2485.5 (,women v • ?+• r•?+d• *« • M • nn r a?. •ro wre ?n T?.. r.Mon. 9. Subtract payments other than Auction proceeds $ 10. Cummt perdism: 25 How to calculate principle balance placed with firm: 11. Principle balance: $2293.59 12. Add Repossession vendor fee $350 13. Add unpaid late charges $0 14. Add unpaid other charges: $0 15. Total principle balance placed with firm: $2643.59 **Continue to pursue fall balance lm interest, this figure Is shown for Informational purposes only. Comments: Payment History only provides principle balance and can not be used as a payoff or current balance. Payments post sale including the sale of the unit will post to principle only. (Once principle is paid, it will apply to interest and then to fees to payoff the account) N s °C `? cn c o -T3; -if j P CASE NO: 2008-07004 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE AUTO FINANCE INC VS ALVARADO ANGELA SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AT,VARAnn ANC;FT A the DEFENDANT , at 0011:58 HOURS, on the 6th day of December , 2008 at 806 SHERWOOD RD SNEW CUMBERLAND, PA 17070-1450 by handing to ROD ALVARADO HUSBAND OF DEFENDANT 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 So Answers: R.'Thomas Kline 12/08/2008 GOLDMAN 18.00 15.30 .00 10.00 .00 43.30 Sworn and Subscibed to By: before me this day of A.D. T)avid 1D. Bue(( Prothonotary 2qrkS. Sohonage, Solicitor &nee X Simpson Ft Deputy prothonotary Irene E. Morrow 2nd Deputy prothonotary Office of the ftothonotary :cm6er(and County, Tennsy(vania ,0U- 700-Y CIVILTERM AND NOW ORDER OF TERMINATION OF COURT CASES IS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Sujite 100 • Carlisle, PA 17013 • (717 240-6195 • Fax (717 240-6573