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Home My WebLink About09-644110081520 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY:BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO Box 806 West Caldwell, NJ 07007 973-439-0077 VNB LOAN SERVICES, INC. 747 Chestnut Ridge Road S Chestnut Ridge, NY 10977 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY Nicole K Autry 74 Winter Lane Enola PA 17025 DOCKET NO.: Oq - 041 0',vi ( (e-h NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw, P.C. BY:BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO Box 806 West Caldwell, NJ 07007 973-439-0077 VNB LOAN SERVICES, INC. 747 Chestnut Ridge Road S Chestnut Ridge, NY 10977 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY Nicole K Autry 74 Winter Lane Enola PA 17025 DOCKET NO.: D 9- & qq? ? ;4-- COMPLAINT IN CIVIL ACTION 1. Plaintiff, VNB LOAN SERVICES, INC., is a Corporation authorized to do business in Pennsylvania with its principal place of business at the above captioned address. 2. Defendant Nicole K Autry is an adult individual residing at the address above captioned. 3. Plaintiff and Defendant entered into a retail installment sales contract for defendant's purchase of a motor vehicle in which plaintiff is named as an assignee of interest and which required Defendant to make monthly payments to plaintiff. 4. Defendant defaulted on the terms of the agreement by failing to tender monthly payments as required. 5. After allowing for all offsets and credits, a balance as of July 8, 2009 remains on the subject account having account number 974006947 in the amount of $10,344.23 plus interest accruing at the rate of 8.89% from July 29, 2008 in the amount of $866.70 for a total current amount due of $11,210.93. 6. Attached hereto and incorporated herein by reference as Exhibit "A" is a copy of the retail installment sales contract and deficiency balance documentation. 7. Despite repeated demand Defendant has refused, and still refuses to tender payment on this outstanding obligation. 8. Defendant's last payment on account was made on June 19, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $11,210.93 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: (/ BARRY A. OS , ESQUIRE Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PAAUTO f ? 10081520 ,• ' " VNB LOAN SERVICES >VVO I hereby state that 1 am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification, This verification is made subject to 18 Pa.C.S. §4904 which provides fro certain penalties for making false statements. By: Pff,( Print e: 7.10-m,,neAlr J 4%Gn Lole t- Title: *-Ny d " i"• EXHIBIT "A" - ` ? INSTALLf. NOTE AND SECURITY AGREEMENT PENNSYLVANIA (Simple Interest) ANNUAL PERC NTAGE CHARGE Is the dollar RATE to the cost f Amount Financed Is cn. amount of credit provided to otal c amount I o amount the credit will credit as a yearly rate, cost me. me or on my behalf. made alt 8.89y. $ 6046.93 e $ 20585-I5 $ _ yy payment schedule wlll.be: s means estimate No. of Pavmenta Earl, Pavr Lae Wk-- ei date. w r c I$ Jbb • b Monthl y, beginning . See the reverse side for additional information about non• nt, defaul any required repayment In full before the scheduled date a apayme t refunds and penalties. D t Date. 02/ 10/2006 MOM " t- 6gan No. 18nt 3 is the Otal 8?8 ?riC@ Is the total i paymafter ents have including myu{?j?eq?1pa yn{rysnlot $ !tf/ a- 26632.08 e $ 28506.89 e r Yfrdl?n do na on before 10 days of its due I ACV VnI r T:IIr l CfiEST I err gp?n9 YOU a Security lnt&W In the vehicle being Purchased. FILING FEES $ n / N PREPAYMENT. if I pay off eirly, I have to pay a penalty. RETURNED PAYMENT FEE You may impose a tee of $24 for each payment you receive which Is returned. 'I', 'me' and 'my' rater to each and all the rsons named as Buyer/CO-Buyer BorroweriCo-Borrower (coUecliwly'Borrowae). "You' and 'your' refer to the Seiledcreditor and any Assignee. BuyedCo-Buyer or BonowerlCo-Borr er -Name and Address SeikdCreditor -N gddr NICOLE K AUTRY HARRI?SBUtG }?UNDAI- INC 4An" r A, 0^ _S 3RD ST BG)( Ote?29 API' 1 4220 CHAMBERS HILL RD ? "BAUPHfN' PA 37Tt)5HARRISBURG, PA 17111 DESCRIPTION OF VEHICLE I agree to purchase and YOU agree to sell the motor vehicle described below ('Vehiclel for the Total Sate Price shown above and on the terms:contalned in this Agreement. NOW or Year and Make Series 1114y Used (If Truck, on Csoaci No. Cyl• Color NEWT 2006 HYUNDM El AAT R?1 SON I EBONY- L KMHON46066U210085 X X X X X X TRADE IN t own my trade-in free and clear of any claims its cept as shown as the "Amount Still Owing' at Gross Trade-in right. My trade-in is described as follows: a GAP PROTECTION I may purchase Guaranteed Auto Protection (GAP), an optlonal loan deficiency waiver. If I purchase An-mint au OAP, the cost is Itemized at right and the terms are set forth In the Gap Waterer, •$ Key No, T0124 16000.00 5995.19 PAYMENTS I will pay the Amount Financed of $ - plus a Finance Charge on the unpaid part of the t z 4.81 Amount Financed at the Annual Percentage Rate of R . f I will make 7 consecutive monthly installments on the Cash Down Payment 12 Ohy of each month, beginning on _ 031191200A Each installment will be in the amount of S____U9.89 2 +$ 1870.00 except for the final installment which will be in the amount necessary to pay the outstanding balance of this Contract. Each payment will be Total n ymenl applied first to the accumulated Finance Charge, then to eG other tees and Charges and then to the unpald inci I balance, 0+2) : g 1874-81 ASSIGNMENT I understand that you will assign this Contract to VALLEY NATIONAL BANK ("Assignee'}, Assignee will acquire all of your interest in this Contract and in the Vehicle and will be entitled to all of Creditor's rights and remedies under this Contract, including, Itemization of Amount but not limited to, the right to receive all payments and to require the performance of all obligations required by this Contract. 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BIW AI(uwepul putti'9 W ea u9 ' oiluo0??yi 1t ngel.,Ilslls 941!1f 1x14 `lou !o snopoi eey36yM ouBisav isumft seu *Mn ui esueis0 eo wreNo Ake` -- a Leese ii Antr-ir feau n, In i mvian m m -mn m'an rrAm tipirt MvnI MR VNB September 27, 2007 Loan Services, Inc. A subsidiary of ValleVp[igcyrj jjpnlF. F OUR PLAN TO SELL PROPERTY NICOLE K. AUTRY 4 SOUTH 3rd ST. #I STEELTON, PA 17113 Re: Account Number: 974-006947 Vehicle: 2006 HYUNDAU ELANTRA Dear NICOLE K. AUTRY Serial No: KMHDN46D66U210085 We have repossessed the vehicle identified above because you broke promises in our agreement. We will sell the vehicle at private sale sometime after October 12, 2007 The money that we get from the sate (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will.still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get-the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. As of this date, the balance due includes the following: Unpaid Balance: 16,916.08 Accrued Interest: - 416. 2 Repossession Fees: 195.W Other charges(incl. Late Fees): 22.20 ESTIMATED TOTAL DUE: 5 17,549.40 (does not include interest from this date, daily storage fees or fees relating to the sale of collateral) To learn the exact amount you must pay, call us at 1-888-647-6470, Ext 5653. If you want us to explain to you in writing how we have calculated the. amount that you owe us, you may call us at] -888-647-6470, Ext. 5653 or write us at the address below and request a written explanation. We will charge you 525.00 for an explanation if we sent you another written explanation of the amount you, owe us within the last six (6) months. If you need more information about the sale, call us at the number stated above, or write us at the address below. Please note the vehicle is being stored at: INTERNATIONAL REMVERY SYSTEMS 206 Mulberry Dr. Mechanicsburg PA 17055 #610-534-0404 Storage fees may accrue dally while the vehicle is awaiting sale. Personal property in the vehicle must be claimed within 30 days from the date of this notice, after which time we may dispose of it. We are sending this notice to the following other people who have an interest in the vehicle or who owe money under your agreement. ALI. ADMESS CC: 7006 2760 0004 3413 7855 _ . .. _. ._ .. -_.-- --?.. _ ._.._ _ ..- NICOLE K. AUTRY 7006 2760 0004 3413 7848 74 wiNTER LANE ENOLA,PA 17025 Certified & Regular Mail 7006 2760 0004 3413 7848 8 7855 747 Chestnut Ridge Road, Suite 201 R I-PA LETTER Chestnut Ridge, NY 10977-6225 Tel: (845) 426-6100 Fax: (845) 426-6185 -Customer Service Fax: (845) 426-6116 - Collections Toll Free - 1 (888) 647-6470 NB Laan Services, EXPLANATION OF CALCULATION OF DEFICIENCY Inc. 4 .c11hsidiurr (1/'t irllrr rVulir?11u1 13(1114 January 12, 2008 NICOLE K. AUTRY 4 SOUTH 3rd ST. # I STEELTON, PA 17113 RE: Account No. 974-006947 Collateral 2006 HYUNDAU ELANTRA GLS Serial No. KMHDN46D66U210085 Dear NICOLE K. AUTRY The vehicle referenced above was sold on 12/31/07 and a deficiency balance of5 10,588.92 exists on your account because we received less money at the sale of the vehicle than you owed to us. We previously notified you about the sale in our letter dated 09/27/07 . The breakdown of this balance as of 01/09/08 is as follows: Principal amount of your obligation 16,916.08 WNC CPI Premium(s) 0.00 Accrued Interest 477.92 Total amount of your obligation $ 17,194.00 LESS Proceeds of Sale 7,500.00) TOTAL AMOUNT OF YOUR OBLIGATION 9,894.00 PLUS Expenses Repossession & Storage 365.00 Motor Vehicle Fees 27.72 Auction Costs 280.00 Late and Other Charges 22.20 LESS Other Credits (Claim Proceeds) Insurance Credits 0.00 (Warranty) Dealer Refunds 0.00_ DEFICIENCY BALANCE DUE 1 ,588. 2 Future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the deficiency. Under the terms of your contract, you are responsible for the payment of this amount. If you cannot make full payment immediately, we may consider a payment plan of reasonable amounts. Please call Repossession Department at 1-888-647-6470 Ext 5653 to discuss a possible arrangement, and to answer any questions you may have. You may also write to us at the address stated below. If we have already sent you a written explanation of the amount you owe us within the past (6) months we will charge you a $25.00 fee, If we do not hear from you within 15 days, we may assign your account to a collection agency or attorney. This may result in additional finance charges, legal fees and collection costs to you. We are sending this notice to the following other people who have an interest in the vehicle or who owe money under your agreement. ALT ADDRESS cc 7007 0710 0000 9137 3320 N ICOLE LE K. AUTRY 7007 0710 0000 9137 3337 74 WINTER LANE ENOLA, PA 17025 747 Chestnut Ridge Road, Suite 201 Certified Mailk 707 0710 0000 9137 33 r 1esttuu RWAY 10977-6225 Tel: (845) 426-6100 Fax: (845) 426-6185 - Customer Service Fax: (845) 42 -61 16 - Collections Toll Free - 1 (888) 647-6470 WNB LOAN SERVICES Nicole K Autry 974006947 10091520 1, -SOWN n,n ? (-,?ta P 1,being duly sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiffs files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 974006947 in the amount of $10,344.23; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to t of my knowledge information and belief. 'Ire, Kme of Affiant) Sworn to and Subscribed .4 before me thi&?3 day of O`Ov_-, 2008 x m `. No Public Dm" L. Mc Ewy l1WW PAW, ft% of NOW York No. 01M06IM" QWWAd In Rod6md CM* oc..w.Mon r?,w ae. ?, m11 0 F'? 2009 ( r: VLi ?y 1'ai } ? S ? (s V 78.50 PO ATrI C, ? la-75 RT* a31037 Sheriffs Office of Cumberland County R Thomas Kline THE u,) ff ? ?.rY Sheri vi +'?ra+Gr s?' r?a Ronny R Anderson 011 20 9 OCT - r Chief Deputy ?? ° r iI? Jody S Smith CU Civil Process Sergeant Edward L Schorpp Solicitor VNB Loan Services, Inc. vs. Nicole K. Autry Case Number 2009-6441 SHERIFF'S RETURN OF SERVICE 10/05/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nicole K. Autry, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Nicole K. Autry. The Enola Postmaster has advised the defendant has moved to 4239 Williamsburg Drive Apt. B Harrisburg, PA 17109-2336-74. SHERIFF COST: $46.50 SO ANSWERS'-- October 05, 2009 R THOMAS KLINE, SHERIFF