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HomeMy WebLinkAbout09-6300COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff VS. STEVEN FULTON Defendant(s) No. Oq - (x300 CIVIL ACTION Civil I e'rpt 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 CIATES, P.C. By: -Tro'n-ald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID 484464 .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. 0 9 ' 6, 3 0o ??^^ vs. STEVEN FULTON CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $12,457.73, 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, STEVEN FULTON, is an adult individual located at 415 3rd Street, New Cumberland, PA 17070. COUNTI Breach of Contract 3. At the request of Defendant, Harrisburg Hyundai Inc 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, Harrisburg Hyundai Inc assigned, transferred and set over all of its rights, title and interest in the Contract to Plaintiff. A true and correct copy of the assignment is attached hereto, made a part hereof, and marked Exhibit "B." 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 $8,737.65. 10. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 18% per annum to the past due balance, which currently totals $1,098.79. 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 $2,621.29. 12. Plaintiff is entitled to have the 18% interest charge continue to accrue as set forth above, from September 14, 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, Plaintiff demands j udgment against Defendant for $12,457.73 together with the continually accruing interest charge at the agreed rate of 18% per annum from September 14, 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 $8,737.65. WHEREFORE, Plaintiff demands judgment against Defendant for $8,737.65 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from September 14, 2009, costs of suit and all other relief to which Plaintiff may be entitled. AMATO A TB? IATES, P.C. By: Ronald Amato, Esq., Atty ID 432323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID 4203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM . M VERIFICATION b2die lJl(?? hereby states that he/she is the of Cff L Plaintiff in this action, and verifies that the statements made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. 6k- "hM IF DEBT CANCELLI.'1ON:IS S?dLDhA SEPARATE bISCLOSIIftE AND AC±REEM1rNT' FUR-DEgTCANGE4LhTIQN:MUST ACCOfUIPANY THIS Cb?VTRACT PENNSYLVANIA MOTOR VEHICLE INSTA.tLMENT SALE CONTRACT, Dated `-if f, ' z '10.1111, SImAt INTEREST, ANNUAL - FINANCE Amo4nt Financed Tota(Of Payments Total dale Price PERCENTAGE RATE CHARGE the amount o);credit provided The amount youvrill have paid after you The total.-cost of--your purchaseon: The costof yo6rcredit as the dollarambant the to. you:oran, yourbehalf.. have made all scheduled payments: ` credit;:including your..downpayment a.ye' I rate, cre'ditwill.costyou::: of$ ' r,R+ % l r at Vf.4 'Cj N ), it?4., i? {3t.? •$ ?? '?. -t t'?; $ Your. Payment Schedule will be S t Y t f st ' 'th No: of Payments • Amount of Payments When Payments Are Due- ;. $ :Monthly,; beginning ,' a J J . ', $ motor `vehicle belf1$ ecuri y., , nu are giving a secun y in„ere m • e , ;purchased. . Prepayment .If yon payoff early, you will; not have 6 payia penalty . Filing Fees: $ fi Late Charge.;lf a payment is late, you will be charged 27G.ot the'porfion of the paymentwhich is aate`for each;inonth or, part of a monfh greater#hatt 10 daystthot it remains unpaid.': See: below and any other `Contract_documets #or any additional informabon about nonpayment default any required repayment in full before; the scheduled date and prepayment . refunds and penalties a means estimate, IF YOU DONOT MEET YOUR CONTRACT . In this Contract r 1 ) OBLIGATIONS, YOU MAY LASE THE:MOTOR we are {7 i 1 F r t j tt r 4' , YEHI;CL•E`AND PROPERTY THAT Y©U ?. the SELLER. t " 1 I t BOUGHT WITH THIS,;CONTRACT, AND/OR.. Na"me Address = Zip Code ; MONEY ON D€POSITWITH TKASSIGNEE.:, County This Coritradt,is;beetween Seller and buyer /111;. disclosures have been' made by `teller Seller , % You u are ;; r la, f 3 Iii ' ' S Imends to assign this etDthe% o the'Assignee . ` the BUYER(S). Iterrilzattio Hof Amount Financed . Name(s) Addressie's) 4 ZipCodi ) roice i f t; ;-re`; la ( i; Cash Price' : iUclud County con#ract`xndfor Warranties 1n the . . amount of !t f `t?? C# : 11 If there is.more than one Buyer each:promise.s separately and together to payaII sumseiue.0s and to perform all agreements in this Contract paid:fo 4 Ift f xf. TRADE-IN:' - &saleskaxof$ J ), You have traded in the following vehicle: , l ' '1 ° ' ° r, r} a'., t f ; ? Cash.Pnee Year and Make . Description Cash DowppaYmint If a balance is still owing on the vehicle you have traded in, the Seller,will pay off this amoun' o ' your'behalf _Xou. warrant and repressentto vs that .•'t i ?, any trade in is free. from lien, claim; encumb[ance.or securityi'nterest except as:shownmthe <Ifemiation of Ameaont Firfanoed' a the ..Lnen Payoff} Trade-in PROPERTY INSURANCE: You`may choose the person through Whom insurance is obtained against loss or, damage to the vehicle.ane# against liability' arising out ofuse or ownership of the Vehicle In this-Contract you are proinutng to_insure the Vehicle and keep ft insured Value'ofiTrade In DEBT.;CANCELLATIQN (GUARANTEED AUTO PROtECTION) (71fREEMENT IS VULUNTARX AND N01REQUIRED AS A'CONDITIQN Of`Ttfl '<• ,k c, `° ffitt CREDIT. This agreement, will. not be prnvidedd ;unless you sign below,. gree to pay tbe.additionafi t arge, and'sign the "separafeAigclosUh6 and Lien'Payoffto agreement page, which is part of this Contract This:agreeinent w111.a,ppfy dunng t .e entire term of'tfie Cori#raet Tt?is a$reementmay dot cover $ f c, f f r i. your enti re indebtedness; see the MAXIMUM J?ROTECTION:arndunt stated mahe,separate disclosure a'[id agreement Unpaid Gash Price Balance Type of Debt Cancellation Agreement Charge Signature: _ j Guaranteed auto protection; (GAP) $ .' Bysignmg you select guaranteeduto protection Signature of.Buypr ` , Optional Debt Caneellahdn; (GAP) . it :. i.. 6_4 Dgcument PreParation F0 SERVICE CONTRACTOR WARRANTY AGREEMENT IS.VOLUNTARY AND NOT REQUIREDAS.A`CONDITION OF THE- CREDIT -The se(4 de contract $ t:' : t 1t E: . or; warranty agreement will not be provided unless you sign the separate agreement witfF the third party provider who fs. not the.Selleir named Paid'to'Other`s'on Yo.ui Behalf` , above, and agree to pay#he additional charge. Thlsaection.does not'apply.to ariy:.warrantythat you'may receive for which there is notseuarate .to Public Officials for;:; charge. Licenses Fags antl Registration CREDIT INSURANCE IS NOT REQUIRED; Credit.Life Insurance and Credit Accident & t{ealth (Disability) Insurance are`.not -require dtto Obtain credit and will not be proiided unless you sign below and agree to, pay the' addigonal-cost(s) Pi,ase read the: NOTICE OF PROPOSED CREDIT INSURANCE. on the reverse side. Your insurance certificate or policy will-tell you the: MAXIMUM.gmount of.iiisnrarice;available: All insurance Lien fee .purchasedwillbeforthe.term ,ofthe,credit VJemay;receive;afnancialbeneftfromyour'purchas'e,ofcreditinsurance $. 7;_ ;het by signing, you select-Single Credit Life Insurance, What is your By signing,'you select Single CAditAccident & Whatis your Taffies Not Included in Cash Price `x ('t. which costs $ age? Years Health Insurance, whcfi costs $:? age? Years ' : $ I f *?.'r f 1f1 To Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be.msured for Single Gretlit Accident & Health insurance EXHIBIT By signing, you both select Joint What are Bysigning•youbothselectJoiii iMit Maim. Rercentage; Forts Credit Life Insurance, Which costs $ ' ' your ages Accident,& Health Insurance, which costs$ yoeir ages? tp pe To insured $ ?L g. % For. _ r 1 For, To'Credit Insurance Company _2 T.; . p 96 C j;a Signatures of both Buyers to be insured for Joint Credit Signatures of both Buyers to be insured for Joint For . Lde Insurance :Credit Accident & lieafth Insurance Insurer'. . t z VEHICLE: You have agreed to purchase under the terms.of this Con#raet the#ollowmg:mot& vehicle and its.extra equipmeni,'which is. called- For; j;,i ( r f l_ the 'Vehicle' in'ihis Contract • _ To" I<f :F I ;? N/ Year and Make eres B SHIP tJo CL TruskCa aci Serial Number $ 3 t'Ir _f.ii1, t; :l URIN J, Fora. t:ttil , .ri Equipped A,T P .S. AM FM Stereo Spd Other To ' with A:C P_W AM.FM Tape VinyiTop $. t * r f? ASSIGNEE We:rnay assign this.Contractarid Securit..Agreement.tt?a sales Ioancecogl¢any:_ivliich is the'Assrgneg";ifthe Assignee assigns For ': the.Cantract to a subsegbent' assignee; thb term also refers to siieh. subsepuer4t assignee After the assignmeni~ alrights and benefi#s; of the TO-:1 ' Seller.ih th€s Contract and in the Security Agreement shall',b@lang to and be e:nfolceable by #he:Asslgnee.:Tfte Assignee will notify you when )f ?.. and If:Seller makes an assignment For"'' TO:. t ' CO.SIONER Any person sighing the Co Signer's Agreement below promises separately and together with aII Co Signer(s) and Buyer(s) to pay all sums :due and to perform all agreements rn this Contract Co=Signer will not be art Ownef of the Vehicle For. CO-UWNER: Any person signiFtg.•theo-Owner's Security Agreement below glyes us a security Interest rn he V'ehrcle.and agrees separately ;and . AmounfFrnBnced togethef with allo:Owner(s) antl'Buyer (s) to perf orm all agreements m the Security Agreement and all ether parts of this Contract exceptthe , vidmise to' Pay" section:: I ti., .: ltr. :. TERM. The terms shown.ln the boxes above are,part of this G€ontrac#, . Nfe. rtiay retaina portion of amatunts marked PROMISE TO .PAY: You agree to pay us the Total Sale:Price for th'e Vehicle by making the• Gash DpwnpaymeDt and.assign rig the Trade In, if sf awn above off Dr,tiebm, the Aate;of this Contract, and; payingus the'Atnount Fioaneed plus :interest 1 ou promise to make payments' in accordancewith the Payment Schgdule,;You'promise to-Tn k `payments.on. or Before the same''?day of each month as; tlafirst payment,d:ue date. Ybu agree to;pal? all'other amounts which may becorme due under the terms'of•this Contract Yau agree tq pay the_'Se)Ier ocAssignee costs of suit?YAU also.agree to pay.' 'reasonable attorneys' fees.if'.Seller or'Assigneehires an attorney to collect amounts.due under this Contractor to protect or get possession'of theVefricle `Yo>i agree to make payments a# thepiace onto. send payments tothe adi:W$ which the Assignee mostiecently specifies in the.Writl:6 notice toyou.' Th6Ahhn ji Percentage Rate, may be fle0tiab/e With the Seller. ADDITIONAL, DISCLOSURES, TERMS AND CONDITIONS Disclosures: Before. signing this: Contract, be. sure ttiat.you receive and read'the Disclosure to The'Seller may Assign this•.contract arid'retain its right to 'Buyer.; receive a part of the Finance Charge. 'Terms and Conditions: Before. Signing this Contract, be sureyou•?receive and'read the; foliowing, if marked X ;which a'readditional-pagesto:and part of this Cohtracf: ® This Cont`ra'ct'continues on the reverse side D.Debt Cancellatiorguaranteedouto protection) separatedisGlosure and.agreemenf, By slgoingbelowwe agree to sell the.V.ehicle to.you under the 4erms¢of this Contract NOTICE TO_BUYER-?0 N. SIGN:THI,S CONR{T IN BL9NK YDIARE. ENTITLE TO ANTXACT COPY OF THE CONTRACT YOU MR KEEP-TTT - PROTECT YOUR LEGAL R1GHT5 1 SELLER.. BUYER ` (SEAL) f "F BY. BUYER (SEAL) Date Date CO SIGNER: V010 SHOULD REAb' THE' NOTICE TO CO SIGNER, WHICH IiAS BEEN GTyEN TO Y.OU ON A SEFARATE DOCUMENT, BEFORE SIGNING THE 00-STGNEk1&AGREEI 9NT. ' CO-SIGNER'S AGREEMENT- You; the person. (or persons) sig .. g below as Co=Signer " promise .ta pay to us all sums due on this Contract and t ' perform all agrdements in this Contract: You.intend.to.be legally bound by all the terms' of. this COntract;:separately and together,'withdlie Buyer. You ark malting tW.prbnusd to induce us to'makc this-.Contracvwiih the Buyer, even though we will use the proeeeds only. for_fh® hluyer Fbe6fit. You'.agree to..payeven'though we;may r<ot:havo made any prior demand:for payment on the Buyer or exercised our security in€eres£; You also acknowledge. receiving a completed copyof., is.Contract: Co=Signer's Signature Address' Daie .. .. ; , _ .... :, (SEAL) Co-Signer's Signature Address . , Date• CO-OWNER'S SECTJRl TY AGREEMENT: You; the. person signing below. 3s."Co Owner r together with the Buyer or .otherwise being all of the Owners of the Vehicle, give. us a seLur ty iniefest in the Vehicle identified above. You agree:to'ba baiuns}.by the lterms,,of the Security Agreement end all . other parts of"thus Contract except the, "Promise 36 Pay" section: You are geeing us:thd;security interest to induce us to. Yn91ce this Contract with the Buyer, and to secure:the payment by the Buyer of all sums duq ' on this. Contract. You-will • not be responsible for any deficiency which might be due after Cpossession and sale of the. Vehicle. (SEAL) f t 'itE,/'k'' Co-Owner's Signature'; Address Date BUYER, CO=SIGNER, AND 'CO OWNER, IF APPLI:CABLE, ACKNOWL EDGE RECEIPT.OF A COMPLETED. COPY OF THIS CONTRACT` AT THE-TIME 0E,S1GNtNGa 1NCLUDINC, THE ADDITION A1 DISCLOSURES AND PAGES EfSTED IN THE'SECTI'ON CALLED ADDITIONAL DISCLOSURES, TERMAN0.CONDITION S'.: BUYER .' BUYER CO-SIGNER CO=SIGNER OR CO-OWNER NOTICE; SEE REVERSE SIDE.FOR IMPORTANT I BANCONSUMER FORM Pk'123DC•SLG2/1(2004 • ; ORIGINAL • Whits • DEALER COPY, Canary • BORROWEk'S/CG-SIGNER'S COPY -Pink - COPY, Goldenrod Q 20Q4 BANCONSUMER SERVICE, INC; ADDITIONAL TERMS AND CONDITIONS 1. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligations under this Contract, you give a security interest in the Vehicle, in all parts (called 'accessions') attached to the Vehicle at any later time, and in any proceeds of the Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and unpaid under this Contract against any of your money on deposit with Assignee. This includes any money which is now or may in the future be deposited with Assignee by you. Assignee may do this without any prior notice to you. 2. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the Amount Financed and the Finance Charge. The Finance Charge consists solely of interest computed daily on the outstanding balance of the Amount Financed. The Finance Charge shown on the front side has been computed on the assumption that we will receive all payments on their scheduled due dates. 3. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding balance subject to interest on each day of the loan term, including any period for which a late charge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided by the number of days in that calendar year. Buyer agrees that because interest is calculated on a daily basis, late payments will result in additional interest (and, if applicable, a late charge). Early payments will result in less interest being charged. Early and/or late payments will cause the amount of the final payment to change. 4. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 days after its due date. The late charge will be 2% per month on the unpaid amount of the payment. We will consider any part of a month in excess of 10 days to be a full month. The late charge will be due when earned. No late charge will be due if the reason that the payment is late is because, after default, the entire outstanding balance on this Contract is due. No late charge will be due if the only reason that the payment is late is because of a late charge assessed on an earlier payment 5. APPLICATION OF PAYMENTS: We will apply payments in the following order of priority: first to interest; and then to late charges, fees, principal and any other amounts you owe in the order that we choose. 6. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any time without penalty. If you prepay the Contract in part, you agree to continue to make regularly scheduled payments until you pay all amounts due under this Contract This will reduce the number of payments you will make. 7. WAIVERS. a. WAIVER BY SELLER AND ASSIGNEE: We and Assignee waive the right to treat any property as security for the repayment of this Contract, except for the Vehicle and the other security specifically mentioned in this Contract b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on or before they are due without our having to ask. If you don't, we may enforce our rights without notifying you in advance. You give up any right you may have to require that we enforce our rights against some other person or property before we enforce our rights against you. You agree that we may give up our rights against some other person but not against you. You waive due diligence in collection and all defenses based on suretyship and impairment of collateral or security. 8. INTEREST AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this Contract shall continue to accrue on the unpaid balance until paid in full, even after maturity and/or after we get a judgment against you for the amounts due. This will apply even if the maturity occurs because of acceleration. If at any time interest as provided for in this paragraph is not permitted by law, interest shall accrue at the highest rate allowed by applicable law beginning at that time. 9. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You will not permit anyone other than us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees necessary for us to obtain and maintain our security interest in the Vehicle. You will assist us in having our security interest noted on the Certificate of Title to the Vehicle. You will not sell or give away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and clear the lien. 10. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining the Vehicle. You will not abuse the Vehicle or permit anything to be done to the Vehicle which will reduce its value, other than for normal wear and use. You will not use the Vehicle for illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on the front of this Contract to a new permanent place of garaging without notifying us in advance. 11. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, theft and collision until all sums due us are paid in full. The insurance coverage must be satisfactory to us and protect your interests and our interests at the time of any insured loss. The insurance must name us as "loss-payee" on the policy. The insurance must be written by an insurance company qualified to do business in Pennsylvania and licensed to sell insurance in the state where the Vehicle is permanently garaged. The insurance policy must provide us with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On request, you shall deliver the policy or other evidence of insurance coverage to us: In the event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a proof of loss with the insurer. a. OUR RIGHT TO FILE PROOF OF LOSS: In the event of any loss or damage to the Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you agree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any of +ham !"wc"1 - filc . nrnnf of 1- with +h. ,--..,.e --., ;., -- ..-. -A -+:.... 12. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, liens or the costs necessary to keep the Vehicle in good condition and repair, we may advance any money you promised to pay. If you fail to keep your promises about required insurance, we .may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the choice of whether or not to advance any money for these purposes. Such insurance will be limited to an amount not greater than you owe on this Contract THE INSURANCE WE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PURCHASE YOURSELF. We will add any money we advance on your behalf to the balance on which we impose Finance Charges at the Annual Percentage Rate of this Contract You agree to repay the money advanced as we alone may specify: 0i immediately on demand, or (ii] along with your monthly payments. If we choose to allow you to repay the money advanced along with your monthly payments, we can choose the amount of these payments and how long you have to repay. If any of our rights stated in this paragraph are not permitted by law, we still have the other rights mentioned. Our payments on your behalf will not cure your failure to perform your promises in this Contract 13. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner, or anyone of them. You will be in "Default" of the Contract if any one or more of the following things happen: a. You do not make any payment on or before it is due; or b. You do not keep any promise you made in this Contract; or c. You do not keep any promise you made in another Contract, Note, Loan or Agreement with Seller or Assignee; or d. You made any untrue statement in the credit application for this Contract, or e. You committed any forgery in connection with this Contractor f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court with jurisdiction to do so to be incapacitated; or g. You file bankruptcy or insolvency proceedings, or anyone files bankruptcy or insolvency proceedings against you; or h. You take the Vehicle outside the United States or Canada without our written consent; or i. You use the Vehicle or allow someone else to use it in a way that causes it not to be covered by your insurance; or j. You do something that causes the Vehicle to be subject to confiscation by government authorities; or k. The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, and not fixed or found within a reasonable time; or 1. Another creditor tries to take the Vehicle or your money on deposit with Assignee by legal process. 14. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of this Contract, we may enforce our rights according to law. We may also do the things specifically mentioned in this Contract We may do one of these things and at the same time or later do another. Some of the things we may do are the following: a. ACCELERATION: We can demand that you pay to us the, entire unpaid balance owing on the Contract and all unpaid Finance Charges and other money due. You agree that you will pay this money to us in one single payment immediately upon receiving our demand. b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do this ourselves, have a qualified person do it for us, or have a government official (by replevin) do it for us. You agree that we can peaceably come on to your property to do this. We may fake any other things found in the Vehicle, but will return these things to you if you ask. If you want these things back, you may reclaim them within thirty (30) days of our mailing you a Notice of Repossession. If you do not reclaim the things found in the Vehicle within that time, we may dispose of those things in the same manner as the motor vehicle. You agree that we may use your license plates in repossessing the Vehicle and taking it to a place for storage. c. VOLUNTARY DELIVERY: We can ask you to give us the Vehicle at a reasonably convenient place. You agree to give us the Vehicle if we ask. d. DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract without losing any rights. 15. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If. we repossess without using a government official (by replevin): a. NOTICE: We will send you a Notice of Repossession to your last address we know about This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right to reinstate the Contract This means you will have to pay the total balance on the Contract and other amounts due. You may not get the Vehicle back by paying delinquent installments. This Notice will tell you other information required by law. b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within 15 days of the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is reasonably possible, but in not more than ten (10) business days of our receipt-of the funds required. If you do not redeem, you give up all claim to the Vehicle. c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be used to pay costs and expenses you owe, and then to pay the amount you owe on the Contract d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what is still owed to us. e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for sale and selling the Vehicle as may be allowed by law. These costs will only be due if: . .. 1 nef. a+ o osa? ss+sa., n G1.a,.." ,++he +:...,...+ .,.,.....---- agree that the Seller, Assignee, any subsequent assignee, or any authorized employee of any of them ("we") may file a proof of loss with the insurance company, in your name and acting as your agent, with respect to the insured claim. You agree that you do not have the right to, and will not, revoke the power you have given us to file a proof of loss. You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, any subsequent assignee, or an authorized employee of any of them ("we") may endorse your name, acting as your agent, to any check, draft or other instrument we receive in payment of an insured loss or return of insurance premiums. You agree that you do not have the right to, and will not,, revoke the power you have given us to make your endorsement You agree that we may exercise this power for our benefit and not for your benefit, except as provided in this Contract and by law. c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair or replace the Vehicle if, in our opinion, it is economically feasible and you are not then in default of this Contract Otherwise, we will apply the insurance proceeds to reduce the unpaid balance due us. After the balance due us is paid, any excess will belong to you. sale and selling the Vehicle as may be allowed by law. I hese costs will only be due it: 1. Default exceeds fifteen (15) days at the time of repossession; 2. The amount of costs are actual, necessary and reasonable; and 3. We can prove the costs were paid. 16. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall be enforceable against your heirs and personal representatives of your estate. 17. GOVERNING LAW: This Contract is to be interpreted according to the law of Pennsylvania. 18. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become illegal, voidor unenforceable, that part shall not be a part of this Contract. 19. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract 20. THERE ARE NO WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's Guide Window Sticker required by the Federal Trade Commission Used Car Trade Regulation Rule, the following notice applies: The information you see on the window form for this Vehicle is part of this Contract. Information on the window form overrides any contrary provisions in the contract of sale. 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. NOTICE OF PROPOSED CREDIT INSURANCE The signer(s) of this Contract hereby take(s) notice that Group Credit Life Insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable to this Contract if so marked on the front of this Contract, and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the insurer, covers only the person or persons signing the request for such insurance. The amount of charge is indicated for each type of Credit Insurance to be purchased. The term of insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made when due. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. THE PROVISION BELOW IS NOT PART OF THE PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER. ASSIGNMENT To induce you, the "Assignee" identified on the face of this Contract or as follows, (Name) to purchase the within Contract, the Seller hereby warrants and represents, and continues to warrant and represent that the sale has been made in strict conformity with all applicable federal, state and local laws and regulations, including, but not limited to, Article 2 of the Pennsylvania Uniform Commercial Code (13 Pa. C.S.A. §§2101 et seq); our title to the Contract and the Vehicle covered thereby is absolute, free of all liens, encumbrances and security interests, and is subject only to the rights of the Buyer as set forth therein; the Contract is genuine, the signatures thereon are not forgeries, arose from the sale of the Vehicle therein described, and all parties thereto are of full age and had capacity to contract; the description of the Vehicle and extra equipment is complete and correct, the cash downpayment and/or trade-in allowance were actually received and no part thereof consisted of notes, post-dated checks, other credit advanced by us to Buyer or rebates or similar payments from us to the Buyer (however manufacturer rebates may constitute all or a part of the downpayment); all warranties and statements therein are true; there is owing thereon the Amount Financed plus interest at the Annual Percentage Rate of the Contract set forth therein; we are duly licensed under the Pennsylvania Motor Vehicle Sales Finance Act and have duly complied with all requirements thereof with respect to the transaction and with the federal Truth-in-Lending Act and with any other federal or state law, rule or regulation applicable to this Contract, a motor vehicle title certificate showing a lien or encumbrance in favor of Assignee has been or will be applied for promptly; the registration of the Vehicle has not been suspended and the Seller knows of no facts which may result in the suspension of said registration under the Pennsylvania Motor Vehicle Financial Responsibility Act; the Buyer(s) named in the within Contract is (are) personally known to the Seller to be the same identical person(s) whose signature(s) is (are) affixed to this Contract; and Seller has no knowledge of facts impairing the validity or value of the Contract If any such warranties or representations should be breached at any time, Seller shall repurchase said Contract from Assignee, on demand, and will pay therefor, in cash, the amount owing thereon, computed as set forth below, and said remedy shall be cumulative and not exclusive, and shall not affect any other right or remedy that Assignee might have at law or in equity against Seller. In the event that Buyer fails or refuses to make any payment due hereunder on the assertion, either oral or written, that the Vehicle is defective, not as represented to the Buyer by Seller, or that Seller refuses to honor any warranty or service agreement of Seller or manufacturer, Seller agrees that, on being advised by Assignee of such claim of Buyer, Seller will repurchase the Contract from Assignee and pay Assignee for same immediately in accordance with the repurchase terms set forth below, and Seller further agrees to hold Assignee harmless from any other claims of Buyer, including attorneys' fees, costs and expenses incurred in defending against claims asserted by Buyer and including claims for refund of payments made by Buyer to Assignee. If the Seller contracts to purchase property insurance on behalf of the Buyer, and that insurance is cancelled by the insurance company prior to its scheduled expiration date, Seller will attempt to place comparable coverage with another insurance company on behalf of the Buyer. If Seller is unable to do so, Seller will notify Buyer and pay to Buyer any additional costs incurred by the Buyer in obtaining replacement insurance for the unexpired period of the original insurance policy. By signing and dating the Contract, as Seller, delivering the Contract to the Assignee and accepting payment for it, Seller authorizes the Assignee to act as the Seller's agent for the purpose of completing or correcting the identification of the Assignee in this Assignment to reflect the true Assignee who purchased the Contract and/or for the purpose of signing Seller's name to this Assignment, without recourse, if the Assignment is delivered without the Seller's signature. Assignee may exercise the power given in this paragraph for the benefit of the Assignee and not for the benefit of the Seller. Seller does not have the right to and agrees not to revoke the power given in this paragraph. In the event that Seller is required by this Assignment to repurchase the Contract and/or Vehicle, Seller shall pay to Assignee, in cash, the full unpaid balance of the Contract as of the date of repurchase, plus any then earned Finance Charge and any and all costs and expenses paid or incurred by Assignee in respect thereto, including reasonable attorneys' fees, in connection with claims by or against any Buyer, Owner or persons in possession of the Vehicle and/or by or against Seller. For value received, Seller hereby sells, assigns and transfers unto the Assignee, its successors and assigns, the within Contract, all moneys due and to become due thereunder, and all right, title and interest in and to the Vehicle therein described, with full power in the Assignee in its or our name to take such legal or other action which we might have taken save for this Assignment Unless Seller marks either of the endorsements below, titled "WITH FULL RECOURSE" or "WITH REPURCHASE," Seller's assignment shall, except for the provisions of the paragraph titled "Assignment," be without recourse. 0 WITH FULL RECOURSE-Seller agrees that, in addition to the paragraph above titled "Assignment," in the event of default by Buyer in the full payment on the due date thereof of any installment payable under the Contract or in the prompt performance of any other obligation to be performed under the Contract by Buyer, Seller will, on demand by Assignee, forthwith repurchase the Contract from Assignee for a repurchase price, in cash, computed as set forth above. ? WITH REPURCHASE-Seller agrees that, in addition to the provisions of the paragraph obove titled "Assignment," in the event of any default by Buyer which shall entitle Assignee to repossess the Vehicle, Seller will, if the Vehicle is repossessed by Assignee and delivered to Seller, and without regard to the then condition of the Vehicle, forthwith repurchase the Contract and the Vehicle from. Assignee for a repurchase price, in cash, computed as setforth above. By signing below, we agree to the terms of the Assignment Seller By Date BANCONSUMER FORM PA 123DC-SLC 2/1/2004 CONDOR CAPITAL CORP. ASSIGNMENT This ASSIGNMENT is attached to and expressly made part of that certain Retail Installment Contract pertaining to the sale and financing of a motor vehicle (the "Contract") more particularly described as follows: Date of Contract Bu yer's Name(s) .2- ' ? 0 l -1 Covering the following property: Year Afte Mxlel NewarL?ed VelideMSmbw For value received, the undersigned (hereinafter called Seller) does hereby sell, assign and transfer to Condor Capital Corp. (hereinafter called "CCC" at 165 Oser Avenue, P. O. Box 18027, Hauppauge, New York 11788) seller's right, title and interest in and to the attached contract (hereinafter called the "Contract"), herewith submitted to CCC for acceptance, and the property covered thereby (hereinafter called the "Property"), Seller authorizes CCC to do every act and thing necessary to collect and discharge obligations arising out or incident to the contract and Guaranty. To induce CCC to accept assignment of the Contract, Seller warrants to CCC that: 1. The simple interest Contract was complete in all respects and Seller made all disclosures required by law, and in the manner required by law, prior to the execution thereof by Buyer. Buyer is not a minor, has capacity to contract and paid the down payment stated in the contract with his own funds; 2. All disclosures required by law were properly made to Buyer prior to Buyer signing the contract; 3. All statement(s) made by or on behalf of Buyer and furnished to CCC by Seller are true to the best. of Seller's knowledge and belief, and Seller has no knowledge of any fact that would impair the validity or value of the Contract; 4. Seller will file the appropriate title documents within twenty (20) days from the date the Buyer takes. possession of the vehicle with the appropriate state county departments or agencies reflecting Condor Capital Corp.'s the only lienholder; 5. The acquisition fee or discount, if any, charged by CCC to Seller in connection with the purchase of the Contract was not separately imposed on the Buyer by the Seller; 6. If there is any breach of any of the foregoing warranties, without regard to Seller's knowledge with respect thereto or CCC reliance thereon, Seller hereby agrees unconditionally to purchase the Contract from CCC, upon demand, for the full amount then unpaid whether the. Contract shall then be, or not be, in default. Seller agrees to indemnify CCC for any setoff or loss, including attorney's fees and costs, suffered as- a result of 'a claim or defense of Buyer against Seller. Seller waives notice of acceptance of this Assignment and notices of non-payment and non-performance of the Contract; 7. The liability of Seller shall not be affected by any extension, renewal or other change in the time of payment of the Contract, or any change in the manner, place or terms of payment thereof, or the release, settlement or compromise of or with any party liable for the payment thereof or the release or non-perfection of any security thereunder; 8. CCC shall not be bound to exhaust its recourse against Buyer or any other person or any security CCC may at any time have. before being entitled to payment from Seller hereunder; This Assignment. shall become effective upon delivery of the Contract to CCC or upon CCC's payment of the agreed purchase price of the contract therefore, whichever first occurs. As part of this Assignment, undersigned's obligations are further defined in the particular paragraph below executed by undersigned, and signature of any such paragraph shall constitute signature of the entire Assignment. Assignment shall not be deemed to relieve Seller from any liability for the breach of warranties, representations or agreements contained herein or in the Contract or in the Master Dealer Agreement between CCC and Dealer. Seller-Dealership (please print): HARRISBURG HYUNDAI INC. --/) / .17 1 / C / Seller's Agent. (please print): L,?t -e ,t r'9-- 1',Agent's Signature: L / Title of Agent: Date of Assignment: c OF rH?LEf? FFcErARY 2009 S :P 21 Pi'l r_ ? *'18• sc, Pp Arry e*,*t JL" 493 g``a,3osf+3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff No. bR- (o30o Civi T,ern1 VS. STEVEN FULTON CIVIL ACTION Defendant(s) ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, CONDOR CAPITAL CORP., in the above-captioned matter. AMATO SS CIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 ?niel 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: September 14, 2009 FILE -: rf 10E OF TN= F ^ '"'r RY 2009 SE-P 21 PP-j 2: 22 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor txt+ ot'?uii?t?rrfr 4 -FUD-OFFICE OF THE PRO i?-c?Nt)TARY 2009 OCT -2 AM 10: 28 CUm_i s :. s .1 uQUNTY PUNSYLVANIA Condor Capital Corp. vs. Steven Fulton Case Number 2009-6300 SHERIFF'S RETURN OF SERVICE 09/29/2009 06:45 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2009 at 1845 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven Fulton, by making known unto himself personally, at 721 Second Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $58.60 SO ANSWERS, 4Q4 - do ??_. October 01, 2009 R THOMAS KLINE, SHERIFF By .7_ De ty Sheriff ??? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. .? Plaintiff : No. 09-6300 Civil Term VS. STEVEN FULTON Defendant CIVIL ACTION 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 $12,457.73 Interest (from September 14, 2009 to October 30, 2009 at 18% per annum) 186.87 Payments Total $12,644.60 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 October 20, 2009. Dated: October 30, 2009 AMATO A ASSOCIATES, P.C. By: onald 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 2091709 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff No. 09-6300 Civil Term VS. STEVEN FULTON Defendant CIVIL ACTION 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: 415 3rd Street New Cumberland PA 17070 AM AT D ASSOCIATES, 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff VS. STEVEN FULTON Defendant(s) No. 09-6300 Civil Term CIVIL ACTION 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 Steven Fulton is over 18 years of age, resides at 415 3rd Street, New Cumberland PA 17070 and is employed; Sworn to and subscribed before me this`,'") day of Noo 2009 A.D. NOTAR UB NOTAr;:AL SEAL QEOK." -I G CCHOEHIM L j Public NAIIWMTO;:,C-:y ?, NORTHAMPTON OW 11y COUYnlas:an explnN Memb 2% M2 ''"i iAdc?? ?f.?i,,.. ,.. ?' '??r ....... y...... .. . ?.?? k COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONDOR CAPITAL CORP. Plaintiff VS. STEVEN FULTON No. 09-6300 Civil Term Defendant(s) TO: Steve Fulton 721 Second Street New Cumberland PA 17070 Date of Notice: October 20, 2009 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 SS ES, 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 Attorney File# 2091709 FILED--?FfCF OF THE flPOT 2009 NOV - 5 PH 12: 4 3 PPINSYL4'ANIA $14. oo P0 ATTq 00 o1q Pr*- aSaoq 0 IJahe,?, ?,.1c?L.?Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION - LAW CONDOR CAPITAL CORP. r Plaintiff No. 09-6300 Civil Term VS. STEVEN FULTON 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 $12,644.60 ON K)Dv SK , 2009. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMB LAND COUNTY A/ If you have any questions concerning the above, plea ntact the uhdersigned. AMATO D ASSOCIATES, P.C. By: d 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson ~~-~-~ ~C~ _/~ry ~~.; tip ~gtiti•,~'~" •;',,,~ y s smith 2010 APR 23 I~ir- 9~ 03 hief Deputy Edward L Schorpp t ,~ , Solicitor r,~ r _ (~1, Condor Capital Corp. vs. Case Number Steven Fulton 2009-6300 SHERIFF'S RETURN OF SERVICE 04/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Defendant was no longer at address provided by attorney; writ expired prior to getting a good address. SHERIFF COST: $56.92 SO ANSWERS, April 21, 2010 RON RANDERSON, SHERIFF ,4 s By Sharon R. Lan z SZ' ~.~ C'''~" ~"~ ~7SS°S COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 09-6300 Civil Term : CIVIL ACTION CONDOR CAPITAL CORP. Plaintiff vs. STEVEN FULTON Defendant(s) PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above -captioned case. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem,. PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM avwl- rckol DA --3 sci c4e 3/ 5m COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 09-6300 Civil Term : CIVIL ACTION CONDOR CAPITAL CORP. Plaintiff vs. STEVEN FULTON Defendant(s) CERTIFICATE OF SERVICE • The undersigned certifies that a true and correct copy of Plaintiffs Praecipe to Satisfy Judgment was served via first class mail, postage prepaid on November 5 2014, upon: Steve Fulton 2 Locust Rd Shiremanstown PA 17011 AMATO KEATING AND LESSA, P.C. By: \JLk-kAet--- Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM