HomeMy WebLinkAbout09-2215COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONDOR CAPITAL CORP.
Plaintiff : No. Qq - oZo115 `ii v i I ?et'ty
VS.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant(s)
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, 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 or
(800) 990-9108
AMATO SLIUTES, P.C.
By: ?` _
Ronald Amato, Esq., Atty ID #32323
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
,/Oaniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONDOR CAPITAL CORP.
C
Plaintiff No, 0 q- 5
VS.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant(s)
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover the sum of
$13,548.74, with interest thereon as hereinafter stated, upon the following cause of action:
1. Plaintiff, CONDOR CAPITAL CORP., is located at 800 South Oyster Bay Road,
Hicksville, NY 11802.
2. Defendant, CHRISTINA MCNEIL, is an adult individual located at 522 East
Simpson Street, Mechanicsburg, PA 17055.
COUNTI
Breach of Contract
3. At the request of Defendant, Fox Chevrolet of Timonium entered into a written
contract with Defendant for the purchase of a motor vehicle ("Contract"), a true and correct copy
of which is attached hereto, made a part hereof and marked Exhibit "A."
4. For value received, Fox Chevrolet of Timonium assigned, transferred and set over
all of its rights, title and interest in the Contract to Plaintiff.
5. By virtue of said assignment, Plaintiff acquired legal title to Defendant's account and
became the holder of all claims against Defendant arising under the Contract.
6. Under the Contract, Defendant agreed to make timely, regular monthly payments to
Plaintiff in repayment of all sums loaned to Defendant thereunder.
7. However, Defendant has failed to make timely, regular monthly payments to Plaintiff
in repayment of all sums loaned to Defendant under the Contract.
8. Defendant has not adhered to the agreed repayment obligations set forth in the
Contract, by reason of which Defendant is in default thereof.
9. The total amount which became due as a result thereof, after allowance for all proper
credits for payments and/or adjustments, if any, was $10,111.48.
10. Plaintiff is entitled to receive interest on the above amount determined by applying
the agreed interest rate of 12.9% per annum to the past due balance, which currently totals $403.82.
11. In accordance with the Contract, Defendant further agreed to pay Plaintiffs
reasonable attorneys' fees incurred in the collection of any balance due Plaintiff thereunder, which
currently totals $3,033.44.
12. Plaintiff is entitled to have the 12.9% interest charge continue to accrue as set forth
above, from April 2, 2009 on down to the date of judgment in this matter.
13. Plaintiff has made demand against Defendant for the aforesaid sums, but Defendant
has failed or refused to pay the same or any part thereof.
WHEREFORE, Plaintiffdemands judgment against Defendant for $13,548.74 together with
the continually accruing interest charge at the agreed rate of 12.9% per annum from April 2, 2009,
costs of suit and all other relief to which Plaintiff may be entitled.
COUNT II
Alternative to Count I - Unjust Enrichment
14. Plaintiff incorporates the allegations of every paragraph enumerated above of this
Complaint as if said paragraphs were fully set forth here at length.
15. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing
the auto loan/financing services described in the exhibits attached hereto.
16. Defendant received and accepted the benefit of said services provided by Plaintiff.
17. At all times material hereto, Defendant was aware that Plaintiff was providing the
aforesaid services to Defendant and that Plaintiff expected to be paid for such.
18. At all times material hereto, Defendant, with the aforesaid knowledge, permitted
Plaintiff to provide said services and to incur damages.
19. At all times material hereto, Defendant was unjustly enriched by retaining the benefit
of receiving said services without paying Plaintiff fair and reasonable compensation.
20. Allowing Defendant to retain the benefit of said services without paying fair
compensation would be unjust.
21. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an
implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff
the quantum meruit value of the services described in the exhibits attached hereto in the amount of
$10,111.48.
WHEREFORE, Plaintiffdemands judgment against Defendant for $10,111.48 together with
the continually accruing interest charge at the statutory rate of 6.00% per annum from April 2, 2009,
costs of suit and all other relief to which Plaintiff may be entitled.
AMATO AN SO TES, P.C.
By:
Ronald Amato, Esq., Atty ID #32323
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
a
VERIFICATION
&/4f G I JofIfte hereby states that h is the 4-G I- Al ?A) of
/7h De 4?yffj *4 iZa , Plaintiff in this action, and verifies that the statements
made in the attached document are true and correct to the best of his/her knowledge,
information and belief. The undersigned understands that the statements herein are made
subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
. iL 1AIL 111J IMLLIwIGI\ I OPAL= %IUI\ 1 MMI1
SIMPLE FINANCE CHARGE
Dealer Number Contract Number
L_-*"-L f 2-3-fi-
Buyer (and Co-Buyer) Name and Address (Including County and Zip Code) Creditor - Seller (Name and Address)
CHRISTINA HCNEIL FOX CHEVROLET OF TIMONIUM
'522 E SIMPSON.STREET 60 E. PADONIA RD,
You, the Buyer (and Co-Buyer, If any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle
on credit under the agreements on the front and back of this contract. You agree to pay the Seiler (sometimes "we' or 'us' In this contract) the
Amount Financed and Finance Charge according to the payment schedule below. We will figure your finance charge on a daily basis. The
Truth-In-Lending Disclosures below are part of this contract.
Make
New/Used . Year and Model Vehicle Identification Number Primary Use For Which Purchased
OVrsonw, family or household
USED 2005 CHEVR L 161ZS52F15F109127 ? business
HALIB ? agricultural ?
FEDERAL TRUT H-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE ` CHARGE Financed Payments Price
RATE The dollar The amount of The amount you The total cost of
The cost of amount the credit provided will have paid after your purchase on
your credit as credit will to you or you have made all credit, Including
a yearly rate. cost you. on your behalf. payments as your down
scheduled. payment of
to
?p
12 $ $ -49&X-.6
Your Payment S chedule YYIII Be:
Number of Amount of When Payments
Payments PaYmenits Are me
72 _qqq
Monthly beginning
KAY 14tb
90
05
- .
Or As Follows:
Charge. payment Is not received in full within 15 days after h is due, you will pay a late charge
Of
X of the part of the payment that is late, whichever Is greater
Prepayment. If you pay off ell your debt early, you will not larva to pay a penalty.
Security Into est. You are giving a security Interest In the vehicle being purchased.
Additional Intomkallon: See this contract for more Information including information about nonpayment,
default, any required repayment In full before the scheduled date and security interest.
RE31IZA71ON OF AMOUNT FINANCED
1 Cash Prim
A Cash Price of Motor Vehicle and Accessories $ 1917jQ(?t) -
1. Cash Price Vehicle
2. Cash Price Accessories
B Sales Tax $ A77 6f)
C Service Contract (optional)
(Seller may keep part of this amount)
'See Service Contract Box below
D Debt Can ellation Agreement (optional) gg )
E Dealer Processing Charge (not required by law) $E)
F Freight Charge
G Other $j?jG)
Towhom Paid NIA
H Other $?Y,MH)
To Whom Paid MIA
Total Cash Price $ 00059.641)
2 Total Dovmpayment
Trade In aA, * MET MALIB
Gross Trade-In Allowance $ 1 161.4 9
Less Pay Off Make By Seller $
Equals Net Trade In $? M
+Cash $---400-00
• Other 11111A
(If total dowmpayment is negative, enter'W and see 4H below) $ 2)
3 Unpaid Balance of Cash Price (1 minus 2) $3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of these amounts):
A Cost of Optional Credit Insurance Pail to Insurance
Company or Companies.
Life $? A
Disability $ NIA- $ N i
B Vendors Single Interest Insurance
Paid to Insurance Company $- NIr
C Other Insurance Paid to the Insurance Company s NJ.
D Official Fees Paid to Governed Agencies $ 40
E Taxes Not Included in Cash Price $ Ni
F Govemment License ardor Registration Fees
I-TC® FEES $ 123.
G Govemment Certificate of Title frees $ 22.
H Other Charges (Seller must identify who Is paid and
Insurance. You may buy the physical damage
insurance this contract requires (see back) from
anyone you choose who is acceptable to us.
You are not required to buy any other insurance
to obtain credit unless the lox indicating
Vendor's Single Interest Is required Is checked
below. Your decision to buy or not to buy other
insurance will not be a factor in the credit
approval process.
If any insurance is checked below, policies
or certificates from the named Insurance com-
panies will describe the terms and conditions.
Check the heurance you want and sign below:
Optional Credit Insurance
? Credit Ufa: ? Buyer ? Co-Buyer ? Both
O Credit Disability (Buyer Only)
Premium:
Credit Ufe $ NIA
Credit Disability $ NIA
Insurance Company Name
N/A
Home Office Address NIA
Cree Ke Insurance and kxedit dsaW Insurance are not
required to obtain omit Your decision to buy or not to buy
creckills Insurance or =0 dubMty Inisuraicis will riot be
a factor In the cxedt approval process, They will not be
presided unless you sign and agree to pay the sxtre cost.
H you choose this Insurance, the cost Is shown In Item 4A
of the Itemization of Amount Financed Credit life
Insurance Is based on your orl" payment sclwdule.
This insurance may not pay all you on on this mrftct if
you male late pWm wftL Credl disability insurance does
not cower any increase In your or In the number
of payments. Coverage for wed Ale Iw aan oe and credit
dtsab ft Insurance ends on the orl" due date for the
last paymlowent. unless a different term for the insurance is
stnown
Otherinsurance?
? "'type of Insurance Terhr'
Premium $ NIA
Insurance Company Name
NIA
Home OAice Address N/A
Will
Buyer Signature Date
Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE
INSURANCE ON YOUR LIABILITY FOR BODILY
INJURY OR PROPERTY DAMAGE. WITHOUT
SUCH INSURANCE YOU MAY NOT OPERATE
THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge
of $ 15.00 if any check you give us Is
dishonored on the second presentment.
EXHIBIT
You Request an optional Debt Cancellation
Agreement to be provided by someone other than
the Seller. The purchase of a Debt Cancellation
Agreement is not required to obtain credit The
cost of the Debt Cancellation Agreement (also
shown in item 1 D of the Itemization of Amount
Financed) le ._._.__...___.._..$ A
To Whom Paid N/A-
Total Cash Price $- .1)
2 Total Downpayment =
Trade-in ( 002 CI I?VROLET iiAl IBI 6de?
Gross Trade-In Allowance $ 11614 2
Less Pay Off Made By Seller $ 11614 2
Equals Net Trade In $ 0 M
+Cash $ I ?flA M
• Other MIA
(If total downpayment is negative, enter'0' and sae 4H below) - - -$ Qa2)
3 Unpaid Balance of Cash Price (1 minus 2) $ 19652,U3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of time amounts):
A Cost of Optional Credit Insurance Paid to Insurance
Company or Companies.
Life $ NX
Disability $ N $_A
B Vendor's Single Interest Insurance
Paid to Insurance Company $ or s
C Other Insurance Paid to the Insurance Company $ N j
D Official Fees Paid to Government Agencies $ 40
E Taxes Not Included in Cash Price $-NTA
F Government License andlar Registration Fees
LICioEG FEES $-;2a.?
G Government Certifa ate of Title Fees $w
H Other Charges (Seger must Identify who Is paid and
describe purpose)
to N/A for Prior Credit or Lease Balance $ ;ii
".i4 for NIA $- NI
to N/A for N/A $- Ni
to NIA L- NTA $
lor
T
A
a
? $
Total O
th
her Charges and Am
ze
Paid to Others on Your Behalf $---4N-.W4)
5 Amount Financed (3 + 4)
$ ?
? VENDOR'S SINGLE INTEREST INSURANCE (Val kmuranoe): Uthe precti ft box is decked, the fkaPoor mom VSI Insurance for
toInitial termoftheconkactmp IlectthmCredNalorlossorden loftvehide(eddon,f%tA.VSIFmuanrmkfortheCraews
sob prolac6ar. This kesanoe does not protect your interest In the vehicle. You may dIOWs to h sumics company through which
the VSI insurance is obtained. t you elect to pumihsse VSI Insurance through the Creft the cost of tide ksruarlce Is
_ urns also shown In Item 4B of the TIEMIZATION OF AMOUNT FIN WED. The covesge is for the WIN term of the
contract.
GAP
wewn h rhrer m cu. Tw may ou m opaormr uw limmoson a. a puson or your on" amt is MOM lo so such ?verape end
Is acceptable to us. The GAP omhd bated by to provider of the protection will describe the tartan and conditions of coverage fin urtlmr
deta6. IIf-you?went?GA APP protecdm sign belay.
CoetiT11 /C .. -.\fA- Term: Provider. Min
u k; of Insurance Terfif
Premium $ NTA
Insurance Company Name
N/A
Home Office Address NIA
N IA.
I ih su above.
7hr-, ` :e?oL _n h 3 3c
Buyer Signature o Date
X
Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE
INSURANCE ON YOUR LIABILITY FOR BODILY
INJURY OR PROPERTY DAMAGE WITHOUT
SUCH INSURANCE YOU MAY NOT OPERATE
THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge
of $ 15.00 h any check you give us is
dishonored on the second presentment
You Request an optional Debt Cancellation
Agreement to be provided by someone other than
the Seller. The purchase of a Debt Cancellation
Agreement is not required to obtain credit. The
cost of the Debt Cancellation Agreement (also
shown in hem ID of the Itemization of Amount
Financed is. A
Date Buyer
X
Date Co-Buyer
'SERVICE CONTRACT. (Optional) You request a
service contract written with the following company for
the tens below. The cost is shown in rem 1C of the
Itemization of Amount Financed.
Company
Term Months
B T-?_ ,rrX - L3-
Co-Buyer X
OPTION: ? You pay no finance charge N the amount financed, item 5, is paid in full on or before Year _ . SELLERS INITIALS
NO COOLING OFF PERIOD
State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract,
you may only cancel it if the seller agrees or for legal cause.You cannot cancel this contract simply because
you change your mind. This notice does not apply to home solicitation sales.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract
and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the ' _ between you arA us Olift to this cflnbad. Any amp ID this M*ad must be in writing
and we must sign it No oral changes are binding. Buyer %ngg s ?? v?v'?S Co-Buyer Signs X
If any part of this contract is not valid, all other parts stay valid. We y delay or refrain from enforcing any of our rights under this contract without losiri theft. For example, we
may extend the 6me for making some payments without extending the time for maldng others.
See back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time
you sign. Keep It to protect your legal rights.
You agree to the terms of this contract.You firm that before you signed this contract, we gave it to you, and you were
free to take it in It You con rnt % yo received a completely filled-in copy when you signed it.
Buyer Signs ?I c Date??o-BuyerSigns X Date
Co-Bu yes and Other Owners - A co-buyer is a peracn who is responsible for paying the entire debt An other owner is a person whose name is on the title to the vehicle but
does not have to pay the dot The other owner agrees to the security interest In the vehicle given to us In this contract
Other owner signs here X Address z211111 /15ZI)
Seller signs FOX CNEVROICT OF T-ING-111' Date CahjQM By
Seller assigns its interest in this contract to ( ) r hems of Setleh's a
?eemerrd((s with Assignee.
? Assigned with recourse Aeagrhed recourse
Seller B Title
FORM NO. 653-MD 90..19" U.S. PTterrr NO, owc.M
?a.,.aa. m ormhet...n,TaEasa.; Taoo-atraws: ax haooan-eons
F(fNEEee FM TglR'04E OF 671e FOPACONSWVXMOOM IEQA COOUNeFi?
ORIGINAL LIENHOLDER
1. FINANCE-CHARGE AND PAYMENTS 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. How we will figure Finance Charge. We will figure a. You may owe late charges.
You
will
pay a late charge
thq Finance Charge on a daily basis at the Annual .
.
,
on each We payment as shown on the front. Acceptance
Percentage Rate on the unpaid part of the Amount of a late payment or late charge does not excuse your late
Financed. 1`111! h:1il11 +n ! i 10"I' i.110 :t,., i
1b. How we will apply paymelii§ I*arMf
aplhi)i'ayach payment or mean that you inAVN; keb01 tnaldh late
payments. If. you pay late, 1 del ma al?'o i fake &W.-steps
•
,
payment to the earned and?di?6aid part t#6finance : i 4(18.'.j I N ?'? 110.1
described below. ?. r' •A 1 T:.
Charge, to the unpaid part of the Amount Financed b. You may have to pay all you owe at once. If you
and to other amounts you owe under.this contract in break your promises (default), vie may demand that you
any order we choose. pay all you owe on this contract at once. Default means:
c. How late payments or early payments change what • You do not pay any'payment on time;
you must pay. We based the Finance Charge, Total • You start a proceeding in bankruptcy or one is
of Payments, and-Total Sale Price shown on the front
' started against you or your property; or
on the
assumption that you will make every payment ,. r i ,!., I You Freak anyiagreeri?nts in this.contract.
4
on the day it is due. Your Finance Charge, Total of I
6 amount you wlll bl i e will b?' the unpaid part 'of the
Payments, and Total. Sale Price will be more if you Amount Financed plilis tH6.earned and unpaid part of the
pay late and less if you pay early. Changes may take Finance Charge, any late charges, and any amounts due
the form of a larger or smaller final payment or, at our because you defaulted.
option, more or fewer payments of the same amount c. You may have to pay collection costs. If we hire an
as your scheduled payment with a smaller final pay- attorney to collect what you owe, you will pay the attorney's
ment. We will send you a notice telling you about these fee and court costs as permitted by law.
changes before the final scheduled payment is due. d. We may take the vehicle from you. If you default
we
d. You may prepay. You may prepay all or part of the ,
may take (repossess) the vehicle from you if we do so
unpaid part of the Amount Financedthi abf/,Iime with- peacefully and the law allows it. We may take (repossess)
out penalty. If you do so, you must i0ay !Mi earned C) t'the vehicle Uth or withbut !jtjbicial , proceedings. If your
and unpaid part of the Finance Charge and all other vehicle has an electronic tracking device, you agree that we
amounts due up to the date of your payment. may use the device to find the vehicle. If we take.the
2. YOUR OTHER PROMISES TO US i - :' • , vehicle, any accessories, equipment, and replacement
:' .11 s paid will stay with the vdliicld4. any personal items are in
a. If the vehicle is damaged, destroyed, or missing. the vehicle, we may store them for you at your expense. If
You agree to pay us all you owe under this contract you do not ask for these items back, we may dispose of
even if the vehicle is damaged, destroyed, or missing. them as the law allows.
b. Using the vehicle. You agree not to remove the vehi- e. How you can get the vehicle back if we take it. If we
cletkom the U.S. or Canada, or to sell, rent, lease, or repossess the vehicle, you may pay to get it back
transfer any interest in the vehicle or this contract (redeem). We will tell you how much to pay to redeem.
without our written perrAission. You agree not to Your right to redeem ends when we sell the vehicle
expose the.Vehicle to misuse, seizure, confiscation, or .
f. We will sell the vehicle If you do not get it back. If you
involuntary transfer. If we.p4y any repair bills, storage do not redeem, we will sell the vehicle. We will send you
bills, taxes, fines, or charges on the vehicle, you agree a written notice of sale before selling the vehicle:
to repay the amount when we ask for it. We will apply the money from the sale, less allowed
c. Security Interest. expenses, to the amount you owe. Allowed expenses are
You give us a security interest in: expenses we pay as a direct result of taking the vehicle
• The vehicle and all parts or goods installed in it; ,
holding it, preparing it for sale, and selling it. Attorney fees
• All money or goods received (proceeds) for thd - • ` and court costs the law permits are also allowed expenses.
vehicle; /1114 If any money is left (surplus), we will pay It.to you unless
• All insurance, maintenance, service, or other con- the law requires us to pay it to someone else. If money
tracts we finance for you; and from the sale is not enough to pay the amount you owe
• All proceeds from insurance, maintenance, ser!' -'- ,
you must pay the rest to us. If you do not pay this amount
vice, or other contracts we finance for you. ThiV1: `•11 :' l when we ask, we may charge you interest at a rate not
includes any refunds of premiums or charges from'', A exceeding the highest lawful rate until you pay.
the contracts. P', 4l
This secures payment of all you owe on this contract. g. What we may do about optional insurance, mainte-
nance, service, or other contfad#s. This contract may
It also secures your other agreements in this contract:' 1:i contain charges for optional insurance, maintenance
w You will make sure the titid!shows our security interest ,
service, or other contracts. If we repossess the vehicle
we
(lien) in the vehicle. f ,; . ,
may claim benefits under these contracts and cancel them
d. Insurance-you must have on the vehicle. to obtain refunds of unearned charges to reduce what you
You agree to have physical damage insurance cover- owe or repai'r' the•Ivehit;la If the vefiicle is a total loss
ing loss of or damage tonthe vehicle for the term of because it is confiscated, damaged, or stolen, we may
this contract. The insurance must cover our interest iri1'1 claim benefits under these contracts and cancel them to
the vehicle. If you do not havii this insurance, we may '>' r + ° l ° obtain refunds of unearned charges to reduce what you
if we choose, buy physical damage insurance. If we;) . ` owe.
decide to'buy physical damage insurance, we may;°% •?
either buy insurance that covers your interest and our- ',:I 4. WARRANTIES SELLER DISCLAIMS!
interest in the vehicle, or buy, insurakii. that covers
' You understand that the Seller is not
offering any. express
only our interest. If we buy either typb-
of insfirlance, •
warranties unless: (i) the Seller extends a written warranty;
we will tell you which type and charge you must pay. or (ii) the window form for a used or demonstration vehicle
The charge. will be the cost of the insurance and a indicates that the Seller is giving express warranties.
finance charge at the Annual Percentage Rate shown In addition, there are no Implied warranties of mer-
on the front of this contract. chantability or fitness for particular purpose or any
If the vetiicle is lost or damaged, you agree that we other implied Warranties by the Seller covering the
may use any insurance settlement to reduce what yotl, i Vehicle unless: (1) the Seller extends a written
owe or repair the vehicle. warranty; (11) within 90 days from the date of this
e. What happens to returned insurance; mainte-,' Contract, you enter into a service contract with the
nance, service, or other contract charges. If we A 1,1 Seller which applies to the Vehicle being purchased;
obtain a refund of insurance, maintenance, servicei'-i-04 (iii) the Vehicle is of a type obtained primarily for
or other contracts, we may subtract the refund from` i ±W, personal, family or household use; or (Iv) the window
what you owe. form for a used or demonstration Vehicle states that
GU . ! the Seller is giving implied warraritles.361hd extent
'.' ! . f. permitted by applicable law, the Seller shall have no
}' responsibility to you or to any other person with
You wni maKe sure the titlelshows our security interest
„ 0)
(lien) in the vehicle
f , service, or other contracts. If we repossess the vehicle, we
.
..
d. Insurand6you must have on the vehicle. may claim benefits under these contracts and cancel them
to obtain refunds of unearned charges to reduce what
You agree to have physical damage insurance cover-
ing loss of or damage toythe vehicle for the te
f you
owe or repair thliUhiblei.ilf file vehicle is a total loss
rm o
this contrast: The insurance must cover our interest iri'•`, '
' because it is confiscated, damaged, or stolen, we may
' •' : I claim benefits under these contracts and cancel them t
the vehicle. If you do not h'a
ve this insurance, we may, ' .:
if we choose, buy physical damage insurance
If w'4)
`1 o
i n. obtain refunds of unearned charges to reduce what you
.
.
decide to buy physical damage insurance, we may?0 owe.
either buy insurance that covers your interest and our-', °i
interest in the vehicle
or buy insurance
tHet 4. WARRANTIES SELLER DISCLAIMSiA
o
,
.
covers
only our interest. If we buy either type, of iiislirlance, Y
u understand that the Seller is not offering any express
warranties unless: (i) the Seller extends a written
we will tell you which type and charge you must pay.
The charge: will be the cost 'of the insurance and warranty;
or (ii) the window form for a used or demonstration vehicle
i
a
finance charge at the Annual Percentage Rate shown ndicates that the Seller is giving express warranties.
In addition, there are no Implied warranties of
on the front of this contract.
if the vehicle` is lost or damaged
you agree that we mer-
chantability or fitness for particular purpose or any
th
,
may use any insurance settlement to reduce what you'k' o
er implied 4arrantles by the Seller covering the
Vehicle unidiAt (1) the Seller extends a written
owe or repair the vehicle.
e. What happens to returned insurance; mainte ,1=; warranty; (11) within 90 days from the date of this
Contract, you enter Into a service contract with the
nance, service, or other contract charges. If weAi ii
obtain a refund of insurance
maintenance
i
(
`-' Seller which applies to the Vehicle being purchased;
,
.
, serv
ce
.
or other contracts, we may subtract the refund from"?. (iii) the Vehicle is of a type obtained primarily for
personal, family or household use
or (iv) th
i
d
what you owe. ;
e w
n
ow
form for a used or demonstration Vehicle states that
CU . , the Seller is giving implied warranties.'&+ahe extent
. F
A% permitted by applicable law, the Seller shall have no
responsibility to you or to any other person with
respect to any Interruption of service, loss of business
%; %pi or anticipated profit or consequential damages.
A% it AX 1P
5. Used Car Buyers Guide. Th6 Information ydb see on
the window form for this vdlikie is part of ttid' icontract
n'. `R .
Information on the wiriddw form overtides any
contrary provisions in the contract of sale.
Spanish Translation: Gufa pare compradores de
vehfculos usados. La informacl6n qua ve an of
formulario de Is ventanilla pars este vehfculo forma
Porte del presents contrato. La informaci6n del
formulario de Is ventanilla deja sin efecto toda
disposici6n an contrarlo contenlda an el tcontrato de
vents.
6. Applicable Law Federal law and Maryland law and
specifically Subtitle 10 of Title 12 of the Commercial Article
of the Maryland Code apply to this Contract.
NOTICE TO BUYER(S) OF NEW VEHICLES: IF YOU ARE PURCHASING A NEW VEHICLE WHICH IS SUBJECT T6 A
MANUFACTURER'S EXPRESS WARRANTY AND THE VEHICLE DOES NOT CONFORM TO THAT WARRANTY DURING THE
WARRANTY PERIOD, YOU MUST GIVE WRITTEN NOTICE OF THE NONCONFORMITY, DEFECT OR CONDITION TO THE
MANUFACTURER OR FACTORY BRANCH DURING THE WARRANTY PERIOD BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, IN ORDERTO PRESERVEYOUR RIGHTS UNDERTHE MARYLAND AUTOMOTIVE WARRANTY ENFORCEMENT ACT.
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.
The preceding NOTICE applies only if the "personal, family or household" box in the "Primary Use for Which Purchased" section
of this contract is checked. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any
claims or defenses the Buyer (debtor) may have against the Seller, dr against the manufacturer of the vehicle or equipment obtained
under this contract.
Form Na 55.W13 1?A4 ... - ... ?
The within lnstrumerdor agreement
Is pledged as collateral to Wells
Fargo Rnaocfal prefe?d Capital,
Inc., its successors and assigns.
0
OF
TN,? pt ?i?r?f?ry?T/
2009 APR -8 pl} 0 6
CV?drf 'C'ray ?.;'?1/ 1 rPJ? 411%..5c> Po ATT`j
03* aa3,0o
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONDOR CAPITAL CORP.
Plaintiff No. 1q' o1A15 Civil (&- r?A
vs.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant(s)
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Plaintiff, CONDOR CAPITAL CORP., in the
above-captioned matter.
AMATO AND CIATES, P.C.
By:
Ronald Amato, Esq., Atty ID #32323
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
Dated: April 2, 2009
FILED-,oFFI,CE
OF THE PR0TFr,, OTApy
2009 APR -8 PM J : 06
Cup UN'
PENT OYLVANI
Sheriffs Office of Cumberland County
R Thomas Kline 011111" ?? C trrrrtrr???d Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/13/2009 08:54 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 13,
2009 at 2054 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Christina McNeil, by making known unto Christina McNeil personally, at 522 E. Simpson
Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
SO ANSWERS
April 14, 2009
Docket No. 2009-2215
Condor Capital v Christina McNeil
R THOMAS KLINE, SHERIFF
Dep Sheriff
-n
-n.
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01
CONDOR CAPITAL CORP.
i
Plaintiff No. 09-2215 Civil
vs.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly enter judgment by default for want of an answer in favor of Plaintiff and against
the above-named defendant(s) only and assess damages as follows:
Debt $13,548.74
Interest (from April 2, 2009 to May 15, 2009
at 12.9% per annum) 146.33
Payments
Total $13,695.07
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT.
Pursuant to RCP 237. 1, 1 certify that a copy of the annexed written notice(s) of intention to
file this praecipe was mailed or delivered to all parties against whom judgment is to be
entered and to their attorney of record, if any, after the default occurred, and at least ten
days prior to the date of filing of this praecipe. Please note that said notice was mailed to all
parties on May 5, 2009.
Dated: May 15, 2009
AMATO ASSOCIATES, P.C.
By: (J l?
,6nald Amato, Esq., Atty ID #32323
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
2090183
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONDOR CAPITAL CORP.
v
Plaintiff No. 09-2215 Civil
VS.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant
CERTIFICATION OF ADDRESSES
I do certify that the precise last known address of the within named plaintiff is:
800 South Oyster Bay Road
Hicksville NY 11802
I do certify that the precise last known address of the within named defendant is:
522 East Simpson Street
Mechanicsburg PA 17055
AMATO AND ASSOCIATES, P.C.
By: n - -
_Ptwfald Amato, Esq., Atty ID #32323
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONDOR CAPITAL CORP.
Plaintiff : No. 09-2215 Civil
VS.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF NORTHAMPTON
The undersigned, being duly sworn, according to law, deposes and says that he is
unable to determine whether or not the above Defendant(s) is/are not in the Military or
Naval Service of the United States or its Allies, or otherwise within the provisions of The
Servicemembers Civil Relief Act;
That Christina McNeil is over 18 years of age, resides at 522 East Simpson Street,
Mechanicsburg PA 17055 and is employed;
Sworn to and subscribed
before me this P\ day
of i? 2009
NOTA
Alauc?
NOTARIAL SEAL
GEOFFREY G SCHOENECK
Notary Public
TOWNSHIP, NORTHAMPTON CHTY
MY Commis" Etr *se Uwch 20. 2012
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
• CIVIL ACTION - LAW
CONDOR CAPITAL CORP.
Plaintiff
VS.
CHRISTINA MCNEIL
TO:
Defendant(s)
Christina McNeil
522 East Simpson Street
Mechanicsburg PA 17055
Date of Notice: May 5, 2009
No. 09-2215 Civil
IMPORTANT NOTICE
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 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 or
(800) 990-9108
AMATO AND ASSOCIATES, P.C.
By: J
Ronald Amato, Esq., Atty ID #32323
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
Attorney File# 2090183
s
11: 30
7'y
*I4.oo Pe ATN
Gc.? abaoal
R? aa5?8?
OvkL wb4Ld
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
r
CONDOR CAPITAL CORP.
r
Plaintiff No. 09-2215 Civil
VS.
CHRISTINA MCNEIL
CIVIL ACTION
Defendant
NOTICE OF JUDGMENT
(XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s)
IN THE AMOUNT OF $13,695.07 ON Mau{ al , 2009.
( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF
CUMBERLAND COUNTY IN SU5i OF THE WI HIN
JUDGMENT IS/ARE ENCLOSED
PR G - U ERLAND COUNTY
If you have any questions concerning the above, please contact the undersigned.
AMATO AND ASSOCIATES, P.C.
By: n - -
eich lcVAmato, Esq., Atty ID #32323
ael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM