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HomeMy WebLinkAbout01-0683ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. BY: HOWARD M. SOLOMAN, ESQUIRE IDENTIFICATION NO. 47917 ONE LIBERTY PLACE, SUITE 3100 PHILADELPHIA, PA 19103 (21S) S61-1030 ATI'ORNEY FOR PLAINTIFF VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS 218 E. North Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CML ACTION - COMPLAINT AND NOW, comes the Plaintiff, VOLVO COMMERCIAL FINANCE LLC THE AMERICAS, by its attorneys, ABRAHAMS, LOEWENSTEIN & BUSHMAN, P.C. and complains against the Defendant, BARBARA MYERS, as follows: 1. Plaintiff is Volvo Commercial Finance LLC The Americas, successor in interest to Volvo Commercial Finance Inc. the Americas, formerly known as Volvo Truck Finance North America, Inc., a limited liability company maintaining offices at 7823 National Service Road, Greensboro, North Carolina 27409. 2. Defendant BARBARA MYERS is an adult individual and Pennsylvania resident, now known to be residing at 218 E. North Street, Carlisle, Pennsylvania 17013. 3. On or about September 1, 1998, Defendant entered into a written Credit Sales Contract ("Sales Contract") with Midwest Truck Center, for the purchase and finance of a vehicle more particularly described in the Sales Contract attached hereto as Exhibit "A" and incorporated herein by reference. 4. Pursuant to the Sales Contract, Defendant agreed to pay Sixty Three Thousand, Eight Hundred Forty Five Dollars and Forty Six Cents ($63,845.46) in forty two (42) equal monthly installments of $1,520.13, inclusive of interest, beginning October 16, 1998. 5. By the terms of the Sales Gontract, Midwest Truck Center was granted a security interest in the vehicle. 6. On or about September 1, 1998, Midwest Trust Center assigned all of its rights in the Sales Contract to Plaintiff. A copy of the Assignment is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Plaintiff avers that the vehicle was furnished to Defendant in accordance with the Sales Contract. 8. Upon failure to pay any amount due under the Sales Contract, the entire balance under the Sales Contract is immediately due and payable and, in addition, Plaintiff, by reason of the Sales Contract, is entitled to immediate possession of the vehicle, all of which appears by reference to Exhibit "A." 9. Defendant defaulted under the Sales Contract, having failed and refused to make the payments due. -2- 10. Plaintiff exercised its rights under the Sales Contract and took possession of the vehicle and declared the unpaid balance due under the Sales Contract. See Notice of Sale dated June 9, 1999, attached as Exhibit "C." 11. On or about August 11, 1999, the vehicle was sold by Plaintiff pursuant to its rights under the Sales Agreement for a sales price of $22,000. 12. Pursuant to the Sales Contract, Defendant's default entitled Plaintiff to payments in arrears, a late charge equal to four percent (4%) of the amount in arrears, interest at the rate of one-and-one-half percent (1.5%) per month, reasonable attorneys' fees and all other costs incurred in connection with the collection of the amounts due. Plaintiff avers that under the circumstances, a reasonable attorney's fee is $1,000.00 to be adjusted either downward or upward to the amount actually incurred, depending on the course of this proceeding from the date forward to conclusion. 13. Pursuant to the Sales Agreement, Defendant's obligation to Plaintiffwas reduced by the amount of the net sales proceeds received by Plaintiff, leaving a deficiency balance of $24,617.22. See letter dated September 22, 1999, attached as Exhibit "D". 14. At all times material, Plaintiff has performed and complied with all conditions required of it under the Sales Contract. 15. Defendant has failed and refused, despite repeated demands by Plaintiff, to pay the amounts owed to Plaintiff. 16. As of October 16, 2000, the amounts due and owing, after all and any credits due to Defendant, is $29,440.54. See Deficiency Balance Worksheet, attached as Exhibit "E." WHEREFORE, Plaintiff demands judgment against Defendant, Barbara Myers, of $29,440.54, plus reasonable attorney's fees and all other costs incurred in connection with the collection of the payments in arrears, as hereafter determined by the course of this proceeding and any and all other relief which this Court deems appropriate. Oate: BY: ABRAHAMS, LOEWENSTEIN & BUSHMAN, P.C. HOW~ ~, ESQUIRE Attorney for Plaintiff One Liberty Place, Suite 3100 1650 Market Street Philadelphia, PA 19103 (215) 561-1030 -4- ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. BY: HOWARD M. SOLOMAN, ESQUIRE IDENTIFICATION NO. 47917 ONE LIBERTY PLACE, SUITE 3100 PHILADELPHIA, PA 19103 (215) S61-1030 ATTORNEY FOR PLAINTIFF VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS 218 E. North Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. VERIFICATION The undersigned verifies that he/she is the ~.~1~ ~'1}~1 ~.t'0- [~Volvo Commercial Finance LLC The Americas; that he/she is authorized on behalf of the Plaintiff to make this Affidavit to the Complaint; that the facts of which he/she has personal knowledge are true and correct; that the remaining facts which he/she has obtained from others are true and correct to the best of his/her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C.S.A. ~40 relating t/a~orn falsification to authorities. OI Date Exhibit A Sales C~ntract, I st,M: ' T~/ ("-- 3' IA, 1T324 Exhibit B volvo (Credit Assigr-nent Sales Con' -act) Legal Nfune: p,.us-u, puTuue SUeetAddress: 140 1~ {,n, Enter mp~ili~l, vehicle information on mv~ side~ ~ Nmher, if knorr.' · L In accordaaco with a~l subject to all of the ten~ a~d comiifio~ set forth in the Volvo Comme~ial Fimmco ~. ~ Retail F;n,,,~e Plan Agtm]~nt between th= undersigned ~d Volvo Commercial Fimmce Inc. The Arnicas (th= da~dnmof · I~ , (the"A~')whichAsreeme~isBerebyin~ratedbymfe~ence, theundersi~ued~s~ler, for. (the "ConUact"), to Company, Mgetl~ wi~ all' ri81~ and inte~, of the ,-~mi~n~i in the Vehicle(s) and oth~ equip- as of~he ~ of this A~s;~...,..,ut Denier acknowled~ that the C. ommi~miou pnid ~or ~ Assi.i~t is $ and that the annual r~e of inte~st used to calculate the F;.nne~ ~ in Item 14 is I mt- 4{~o. 'this anisnmeut is made: {Che~ One) [] ~ Full Recoulle. ~ guaranty of A~isnor.) In .a,~;~i~n to its ~pteseut.~,,us and ~es ~ ~ ~ A~ ~ m E~t of~ ~ ~ ~ ~n~ ~1= ~~ ~m ~ ~ ~ ~y ~ ~ &e ~1 ~ of T~ ~H~on '(~ ~ ~ ~ Con~) ~~i~ ~l~g ~ le~ ~ ~ ~ ~ ~ Co~y, ~ ~ w~.C~ ~e V~cl~s) ~ h ~d C~ ~ob~ ~~ ~ ~ ~ ~ ~e A~ ~ h ~1= f~ ~t of ~ ~ to~ of, ~ To~ Obli~ou d~ ~ ~e ~n~ ~ o~e ~ of~ ~ of~ E~t offs ~ ~ ~ble ~r ' THIS ASSIGNMENT is ~fl~de by ~ into as oft{me ~ of Name: Title: ,/~'~,~--/'""~ff~t.,~t~-~'z_ prinu, fy~eNa~e:0~llna L~nttle (_~c ~.t'~...,. Title: Documentation Spoolal[l~ J volvo I As~nment Agreer~ent Vehicle Li~ing Exhibit C VOLVO Volvo Commercial Finance NOTICE OF SALE Barbara Myers 140 Frost Road Gardners, PA 17324 Account #: 001-0302759-002 You am hereby notified that there has been ii default in the payment pursuant to a Credit Sales Contract silgted or guaranteed by you and that purmant to the terms thereof the following described personal property was voluntarily surrendered by the owner/holder thereof to the possession of the und~'tsigned: 1995 White GMC WIA64TES Vi~ 4V1WDBGF7SN688414 You are further notified that the above described property will be sold at a private sale after June 19, 1999. You may redeem the above described property prior to sale by paying the amount outstaodlng due the undersigned which is an estimated o_mount at this time of $46,862.$0. Dated: 06/09/99 By: Sonja Pnlliam Volvo Commercial Finance LLC Thc Americas R~ossession Specialist 7823 National Service Road (27409) P.O. Box 26131 Greensboro, NC 27402-6131 (336) 931-~000 (336) 931-4008 Exhibit VOLVO Volvo Commercial Finance September ~2, 1999 Barbara Myers 140 Frost Road Gardners, PA 17324 RE: Contract No. 001-0302759-002 Collateral: Dear Ms. Myers: As you are aware, you failed to pay your debt when due. As a result, you are in default under the terms of the indebtedness. By previous letter, you were given formal notice of your default under the terms of the Credit Sales Contract. Volvo Comtnereial Fin~ce LLC The Americas f/k/a Volvq Truck Finite North America, Inc. proposed to sell the property securing the debt if you failed to cure the default. You fa/led to cure the default. A sale of the property securing the debt was held. The property sold for $22,000.00, thereby leaving a deficiency balance of $24,617.22. Demand is hereby made upon you to pay the deficiency balance to Volvo within 10 days from the date of this letter. In the event you do not satisfy the deficiency, this matter will be turned over for such actions as may be appropriate under the circmn~tances. Please forward all payments to: Volvo Comr~ereial Finance LLC The Americas P.O. Box 26131 Greensboro, NC 27402 Attn: Scott Kueider S cere , Scott Kueider Litigation Specialist Volvo Commercial F;n~nce LLC The Americas (877) 865-8623 '4105 /sk Volvo Commercial Finance LI.C Tho Americas 7823 Natlona[ Set, ce Road (27409) P.O. Box 26131 Greensboro, NC 27402-6131 :l'e'l~ ho ne (336) 931-4000 Fax (336) 931-4008 Exhibit E DEFICIENCY BAI,ANCE WORKSHEET CUSTOMER' S NAME: ACCOUNT NUMBER: BARBARA MYERS 001-0302759-002 DATE ACCOUNT CHARGED OFF: TOTAL OBLIGATION per credit sales contract: Plus Repossession Fees $0.00 Interest Since Charge Off $3,904.00 Misc. Fees $0.00 Total Fees $63,845.36 + $3,904.00 Minus Payments received Net Sales Proceeds Unearned Finance Insurance Rebate Total $8,896.98 $21,681.00 $7,267.62 - $38,308.82 Customer's Deficiency Balance Completed by: $29,440.54 lO-/co - Date Sworn and subscribed before me this LI~ M, OWENS GUtLFORD COUN~ NC ~ Commission ~lres 4-26.03 d ~N!4'~:~ C] l!q!qx3 0 l!q!LIX3 ~3 l~q~ I~3 V 11q!LtX:l SHERIFF'S CASE NO: 2001-00683 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VOLVO COMMERCIAL FINANCE LLC VS MYERS BARBARA RETURN - REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE MYERS BARBARA DEFENDANT , at 0011:29 HOURS, at 218 E. NORTH ST CARLISLE, PA 17013 BARBARA MYERS a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 14th day of February together with by handing to 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 31.10 Sworn and Subscribed to before me this 20 ~ day of Prothonotary So Answers: R. Thomas Kline O2/lS/2OOl ABRAHAMS, LOWEENSTEIN, BUSHMAN Depqlty Sherif~ By: Howard M. Soloman, Esquire Identification No. 47917 ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. Suite 3100, One Liberty Place 1650 Market Street Philadelphia, Pennsylvania, 19103 (215) 561-1030 VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-00683 P PRAECIPE FOR JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly enter judgment in favor of the above plaintiff and against the Defendant, BARBARA MYERS, for failure to appear or file an answer within twenty (20) days from service of the Complaint, for damages to be assessed at $29,440.54 as of October 16, 2000 plus reasonable attorney collection fees and all other costs actually incurred in connection with the collection of said monies. HOWARD ~ESQUIRE Attorney for Plaintiff AND NOW, this ~2 day of /'~ 2001, judgment is entered as above, and / damages are assessed in the sum of $29,440.54 as of October 16, 2000 plus costs. PROTHONOTARY By: Howard M. Soloman, Esquire Identification No. 47917 ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. Suite 3100, One Liberty Place 1650 Market Street Philadelphia, Pennsylvania, 19103 (215) 561-1030 VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-00683 P AFFIDAVIT OF NON-MILITARY SERVICE HOWARD M. SOLOMAN, ESQUIRE being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the above entitled case; that he is authorized to make this affidavit on behalf of the Plaintiff; that to the best of his knowledge, information and belief, Defendant, Barbara Myers, is over eighteen (18) years of age; the last known address for said Defendant is 218 E. North Street, Carlisle, Pennsylvania; that the occupation of Defendant is unknown; and said Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies, as defined in the Soldier's and Sailor's Civil Relief Act of 1940, and/or its amendments. Sworn to and Subscribed before me this~9~[ay / NOTARY PUBLIC NOTARIAL SEAL ' ~ THERESA g NOON. Nolary Pul:)l~c City of Philadeloh a, Phila Coutl My Comm_i~,~ion En~ire~ Ma~ 10, ~'t~03 ] H~OWI~~ ESQUIRE Attorney for Plaintiff By: Howard M. Soloman, Esquire Identification No. 47917 ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. Suite 3100, One Liberty Place 1650 Market Street Philadelphia, Pennsylvania, 19103 (215) 561-1030 VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-00683 P Commonwealth of Pennsylvania County of Philadelphia AFFIDAVIT : SS HOWARD M. SOLOMAN, ESQUIRE being duly sworn according to law, deposes and says that a ten-day notice of intention to enter judgment by default, a copy of which is attached, was sent to the Defendant on April 10, 2001 pursuant to Rule 237.1 Pa. Rules of Civil Procedure. Sworn to and Subscribed before me thi~o ~day NOT~R!AL SEAL THERESa. ,;,, ,If ~N, Notary Public C ~ of PhitaOeiphia Phila County ! ,.~ '.':' ~'? ~.i!'sj9? Ex~ires May 19, 2003 HOW~ARD ~ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY S. Hanover Street Carlisle, PA 17013 TO: Barbara Myers 218 E. North Street Carlisle, FA 17013 By: Howard M. Soloman, Esquire Identification No. 47917 ABRAHAMS, LOEWENSTEIN, & BUSItMAN, P.C. Suite 3100, One Liberty Place 1650 Market Street Philadelphia, Pennsylvania, 19103 (215) 561-1030 VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-00683 P NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Office of the Prothonotary X Judgment by Default X Money Judgment __ Judgment in Replevin __ Judgment in Possession __ Judgment on Award of Arbitration __ Judgment on Verdict __ Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: HOWARD M. SOLOMAN, E$O. at this telephone number: (215) 587-0870. By: Howard M. Soloman, Esquire Identification No. 47917 ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. Suite 3100, One Liberty Place 1650 Market Street Philadelphia, Pennsylvania, 19103 (215) 561-1030 VOLVO COMMERCIAL FINANCE LLC THE AMERICAS 7823 National Service Road P.O. Box 2613l Greensboro, NC 27402 BARBARA MYERS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-00683 P To: BARBARA MYERS 218 E. North Street Carlisle, PA 17013 DATE OF NOTICE: April 10, 2001 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 IN THE FIRST AMENDED COMPLAINT. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyers Referal Service 4a Floor, Cumberland County Courthose Carlisle, PA 17013~I~ (717) 240-6200 By: Howard M. e ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. One Liberty Place, Suite 3100 1650 Market Street Philadelphia, PA 19103 (215) 561-1030 Attorneys for Plaintiff ABRAHAMS, LOEWENSTEIN, & BUSHMAN, P.C. BY: HOWARD M. SOLOMAN, ESQUIRE IDENTIFICATION NO. 47917 ONE LIBERTY PLACE, SUITE 3100 PHILADELPHIA, PA 19103 (215) 561-1030 ATTORNEY FOR PLAINTIFF VOLVO COMMERCIAL FINANCE LLC THE AMEPdCAS 7823 National Service Road P.O. Box 26131 Greensboro, NC 27402 BARBARA MYERS 218 E. North Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. CML ACTION "Aviso "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 waraed that if you fail to do so the ease may proceed without you and a judgment may be entered against you by the court without further noriee for any money claimed in the complaint or for any other cla/m or relief requested by the plaintiff. You may lose money or property or other rights important to you. "Le hah demandado a usted en la corte Si usted quiere defenderse de estas demandas expuestas en las pegina~ siguientes, usted tiene veinte (20) dias, de plazo al pertir de la fecha de la demands y la notificarion. Hace falta asentar una comperencia escrfta o en persona o con un abogado y entregar a la corte en forms escrita sus defensas o us objeciones a las demandas en contra de us persona. Sea avisado que si u~ted no se defiende, la corte tomara medidas y peede conrinuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted crumpla con todas las proxqsiones de esta demands. Uated puede perder Dinero o sus pwpiedades u otros de~chos impormntes para usted. "YOU SHOULD TAKE THIS PAPER TO YOUR ~AWYER AT ONCE. IF YOU DO NOT BAVE A LAWYER OR CANNOT AFFOKD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT X~tEKE YOU CAN GET LEGAL HELP. "LLEVE ESTA DEMANDA A UNO ABOGADO INMEDIATAMENTE. NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERV~ClO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CLrfA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVEKIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. Law~er Referral Service: Court Administrator 4'~ Floor, Cumberland County CouRhouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service: Court AthnJnlstmtor 4'~ Floor, Cumberland County Courthouse Cathsle, PA 17013 (717) 240-6200