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Home My WebLink About08-7005 NAN16336 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 3901 Dallas Pkwy Plano TX 75093 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. STACEY ROTZ 51 LENWOOD PARK SHIPPENSBURG PA 17257-8819 and KENNETH HOCKENBERRY 145 ENOLA RD* NEWBURG PA 17240 DOCKET NO.: a 4R-.. 7 00 S c r,J I -fef^ 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 1. 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), STACEY ROTZ andKENNETH HOCKENBERRY 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 $15,302.47. 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 August 31, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,302.47 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: FREDERIC I. WEINBERG, 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 PO1N 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. lz?? By: FREDERIC I. WE BER , Esquire Attorney for P a' iff EXHIBIT "A" NAN16336 CAPITAL ONE AUTO FINANCE STACEY ROTZ and KENNETH HOCKENBERRY 4590927 AFFIDAVIT lid I, being duly served sworn according to law, depose and say that: I . I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal knowledge 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 4590927 in the amount of $12,847.87; and 6. 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Deficiency Debtor Information: Account Number. 4590927 Debtor Name: STACEY ROTZ Address: 51 LENWOOD PARKSHIPPENSBURGPA172578819 SSN: Co-Debtor Information: Co- Debtor Name: KENNETH HOCKENBERRY Address: 145 ENOLA RDNEWBUROPA17240 Collateral Description: VIN: 1GCEK19T34E354994 Year: 2004 Make/Model: CHEVROLE SILVERADO Cl Repossession Vendor Information: Repossession Date: 10/11/2007 Repossession Agency: (PA) Millennium Capital and Recovery Repossession information: INV Repossession Sale Date: I VM007 Timeline: Notice of Intent to sale date: 10/158007 Deficiency Letter date: 1214/2007 How to calculate total balance placed: 1. Payoff as of repossession: $24602.75 2. Principle balance as of repossession date: $24084.65 3. Interest owed as of repossession date: $518.1 4. Add Repossession vendor fee: $335 5. Add Vehicle Remarketing fees: $508.18 6. Add unpaid late charges: s0 7. Add unpaid other charges: $0 8. Subtract auction proceeds: $11191.82 (&ICON .e. MWAM ft Mmkoft OM-.. n TW App. aW god M TM. FMM. 9. Subtract payments other than Auction proceede $379.96 10. current perdlem: 5.9800000000000004 How to calculate principle balance placed with firm: 11. Principle balance: $12512.87 12. Add Repossession vendor fee $335 13. Add unpaid late charges $0 14. Add unpaid other charges: $0 15. Total principle balance placed with firm: $12847.87 **Continue to pursue full balance plus 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) t S 1r? p 1) G, c N r c 77-) t C77 i'3 =`3t E SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE AUTO FINANCE INC VS ROTZ STACEY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROTZ STACEY but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the w_'-thin COMPLAINT & NOTICE County, Pennsylvania, to On May 1st , 2009 , this office wasN6rinreceipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Franklin 100.00 .00 125.00 12/05/2008 GOLDMAN & WARSHAW So R. Sr. Sworn and subscribe to before me this day of A. D. rs: s Kline of Cumberland County N C a w ---7r- '=- ul rn? J `" C-0 -c Service unknown, Franklin Co. return not received as of this date. A letter was faxed on 1/22/09 checking on status to which no response was received. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07005 P COMMONTWEALT-H OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE AUTO FINANCE INC VS ROTZ STACEY 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 but was HOCKENBERRY KENNETH unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 145 ENOLA ROAD NEWBURG, PA, 17240 NOT FOUND, PER LANDLORD DEFENDANT MOVED OUT OVER 1 1/2 YEARS AGO. Sheriff's Costs: Docketing 18.00 Service 18.90 Affidavit .00 Surcharge 10.00 Not Found 5.00 51.90 So ansvw s : R. Thomas Kline 31ze f f of Cumberland County n n LDMAN & WARSHAW 00/00/0000 ( !1 i . o Sworn and Subscribed to before me this day of A.D. NOT FOUND , as to HOCKENBERRY KENNETH