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HomeMy WebLinkAbout10-5736CAF04379 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY:Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff JPMORGAN CHASE BANK, N.A. 1111 Polaris Parkway Columbus, OH 43240 VS. TRUDY L MAURER 1034 DELLVILLE ROAD DUNCANNON PA 17020-9756 C.) - G C C?= ? 11) -^i C: try .,-„p C I ` 5,;0 COURT OF COMMON PLEAS Ln CUMBERLAND COUNTY DOCKET NO.: NOTICE ib - 5731, Cjy-,(T&xrn 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 4z 717-249-3166 .qol . 00 P D A TTY/ all CIG,4'r 19 o2q 786 e Goldman & Warshaw, P.C. BY:Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff JPMORGAN CHASE BANK, N.A. 1111 Polaris Parkway Columbus, OH 43240 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. TRUDY L MAURER 1034 DELLVILLE ROAD DUNCANNON PA 17020-9756 DOCKET NO.: COMPLAINT IN CIVIL ACTION 1. Plaintiff, JPMORGAN CHASE BANK, N.A.,is a federally chartered bank with its principal place of business at the above captioned address. 2. Defendant, TRUDY L MAURER, is an adult individual residing at the address above captioned. 3. Plaintiff and Defendant entered into a retail installment sales contract to finance defendant's purchase of a motor vehicle which required Defendant to make monthly payments to plaintiff. 4. Defendant defaulted under 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 March 9, 2010 remains on the subject account having account number 400452528970049134 in the amount of $8,817.19 plus interest accruing at the rate of 18.0% from December 26, 2007 in the amount of $3,865.99 for a total current amount due of $12,683.18. 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 April 8, 2008. WHEREFORE, plaintiff claims of the defendant the sum of $12,683.18 plus applicable court costs, interest and attorney's fees. Goldman & Warshaw, P.C. ., J BY: V L. BARRY A. SEN, ESQUIRE Attorney or 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 JPMORGAN CHASE BANK, N .A. VERIFICATION CAF04379 I, Mike Konrath, hereby state that I am the Assistant Vice President of Plaintiff herein; that I am authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have personal knowledge of the statements made in the foregoing Complaint; and that the statements made in Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. el Br \WLf Print Name: Mike Konrath Title: Assistant Vice President, Chase Auto Finance EXHIBIT "A" ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE MICE PERCENTAGE CHARGE RATE - T1M coal ad your credo as a Tiw duRar amount eta credit The amount of credit pro The amount d alter you bra mvA% ach have all Mete Iacos?, ? udrhp yearly reta NM1R cost you bided to you or an your pai desist payments as sttteduled. your downpaymwnt oI $ --i!51-000 %1 e cHA RETAIL INSTALLMENT CONTRACT Date Sb13402 1 L N UN box k tthtubee. this If e W00 k" M1 Contract NNIN a'"Noon Payment' as me tall aoh ps mant. It IN* bon is no aheoked 014 Is b simple InWW tut Wk* iiiinoh1Ta -Bribe" Payment' as ote last scheduled payment rf 700 y 943y 2 (ad Co Buyer) .-. k.....,,. ame brhd Adtlrses Ya? 9;7;' Nam and pfto CCout?annd ZO Code) TRUDY L MAURER MASON S MUREA 11 SPANKEY S AUTO SALES INC 200 N 32NO STREET 200 N 3210 STREET 701 EAST LOCUST ST CAMP HILL PA 17011 CAMP HILL PA 17011 MECHANICSBURG, PA 17055 the Vehiob cre lit under this terms on ? fro NhG back of this Cgo Vehicle arl and are uldu llyt 1WO 0, on ? I WO it signing a "you chloose r an Buyer sin bebw) ror any amount due. In this Gantrect, we, 'us, and 'o'ft asst" owe Sow nomad abwA and. after "aienent and acceptance, the Sellers esalgttaxl, JPMorgen Clneee Bank, N Jl acting on he own or as agent lot an arvetadanny (and any aubsewent assignee). 4. B FEDERAL TRUTH-IN-LENDING DIGMOWKS aI?IBP11 c perry 0N OF Vl YKf HICLE Y ght OU Born 10 gay an0 we hACa and iRorlel Type Vouch ldanIffimilon No. KoY No. Use tar VJtict Purdresed _,.personal -business agricultural USED 20041. P 1 It truck - Desapta body gross "hide weight and mya Gems of aquipmand soft: R1pTl= TO "Me OF UNTO OR 011MONSTRATION Vie KLM The IrdO EUM you W on the window form for this vehloh.ls Part d this Cordaut btformaBen on the window form gunnies any t MbaY probhtoae In tts rrenUM of soh, on - -aaeh, PAYMENT SQIiDULE: Your payment sChetuN will be 72 monthly Payments or $ q22. Q due on its Same day d each month stodbv on nt schedule will he BALLOON p LVmV . 11 this Contfaet is dlat9ted with Balloon Payment! saw o. your paytra monthly payments of S- - 1/A egos due on the same day of each month shAing on-^M/A and imm your fad payment ("BaROOn Paymmn wit be s N/A -, due on PREPAYYBNr you have try right to pay of this Contract GOV it you do eo. you will not have to pay a penally envill TY' You are having us a saati ft interest in Me motor vehicle being purchased, LATE ftft K a Payment it oars Irian 10 days Sate. You may be charged 2% of the unpaid amount of that payment nl, defauk, and our right OTHER I MNW Plea" reed dos Cordtt, incdudMng the reverse hide. for atldlilona? information on seeurlty interests, rwnpayma to rsgW9 repayment In ail before the scheduled maludly dais. IF YOU 00 NOT MEET YOUR OBLIGATIONS UNORR T1NIG CONTRACT, YOU MAY LOSR YOUR VEHICLE, - ?? ITEMMATION OF THE AMOUNT FINANCED 1 Cash Price: 1 R?5 d0 _ f A. Cash Prtce of vehlda (Including sales tax of JJDQ .4Q any aotessodss, their Installation and rotes) IN NIA 2. Downpaymont i A. IM avAwsof lmdaln NIA mew, NIA (ALAfYad Mr -s,pdel) N A B. Manufaahsetetebate eppyed to dowttpSyment f 0 c. can oawnpa"nord s 5500 00 D. Toil Dowtpaymera (A + B + C) CO : 3.T.as 3, Unpaid bdenM (1A. L"e 4D.)' 4. Other "vol inctutitg emoulN9lto to othsre on yovi o9haN Accident and Health Insurance for the term of Ibis d/ i a an or A. Goal of Oplonal Credit il Conbaat Paid to Irne eheksatroe company al Comperhhs Nomad B*W.l N ! A" I N Nhtlu N 1 A ua: 11A AtaabhR Accident end Haaleh s y 6 " ? 5. OBieIM has pail to goYe agendas for fah N C AA nOrWnlf Nmmnn. N` License and Regisbatton Fee __& osntipale of Tito Fes Olhs?fiow Fees C. Other Charges pd&M who wit be paid and purpose) To NA -- For Optional Gap coverage To Far To GUARDIAN - Far To - iIF For To II /A For . To 1111A--. For-NOA - To Vl A For -n{rr°=-- To_fii For XIA - 0. TONY other defiles and amowdc paid to others on yoW behalf (A + a + C) 5. Amami Financed (sum W 3 ohm 4D) " We may mtaln, or receNe, a ponbn of Mdse amounts. S -9 Go H ; s? ; ; 9. AddMonal Disclosures ( 6. Fmsnae Charge t ----91.94.90 Refit and by sate Law { 7 Time Baianoe "(Total of Payments) (s plus S) _ -,'3248-W L S. Payment Sdtedule. See Federal TfuthArrLending Disclosures above. 10. PROMBE TO PAV• You promise to pay us the A ou rt' Flnenced shown above; plus a Finance Charge appted to the unpaid baance of the Arooum Financed each day The daily rate Rise Charge Is equal to 1965th of the Arewel Percentage Rate shown above. 11 PAYMMS BEFORE OR AFTER DUE DATE: Thk Is • simple Intsnat eentraal. This mans Md arose via co ptift yaw Finance Charge such day Go the UftPflfd batches at the Amount Financed, the f mawt of the Finance charge shown above may vary dependND upon when Four parnents are reeetvtd Therefore the owner you make payments before their due dates, Are task Ehnen Charge you trig ogre. The later you malts payments after they are due, the grealar the Finance Charge. If you pay on time, you we not owe a lets fee and wa wel apply your' payment first to awned Finance Charge and than to the unpaid balance of the Amount Finned. If you pay late, you vAl am a Isis fee and we ale apply your paymsm arW to accrued Finance Charge. then to the scheduled unpaid balance of the Amount Financed. then to unpaid We fee, and than to the Tema" u npeld babove of 16e Amount Financed, M you make any payments after they are duo includng ptaymants due because we allow you to emend the torn of this Contrail, your Mal payment will be larger then orighaty scheduled We will advise you of any addYbnet amount you owe vs aAa you make your last payment Of N Is $1.00 or moray. We will sand you a check for any amount awed you (N it is $1.00 or more). 12 GALLOON PAYMENT- IF THIS CONTRACT IS CMECKHO WITH 'BALLOON PAYMENT' ABOVE THIS CONTRACT IS NOT PAYABLE IN INSTALLMENTS OF EQUAL AMOUNTS. THE LAST OCHEOULED PAYMENT' fB SUBSTANTIALLY LARGER 11-M EACH OF THE OTHER 604MULED PAYMENTS The due date and amount of this last scheduled payment am shown above That amount may Do (as than what we estimate the vehicle will Do wont at the eme such payment Is due. Paragraph 16 on the reverse side entitled 'LAST PAYMENT OPTIONS' applies. The odamefar reading referred to In Suction (B)(9) of such paragraph is miles, the excess mileage charge referred to In Section (8)(3) of such paragraph is NA par mite and the d 1posf bn tee referred b In Section (8)(1) of such paragraph k a _ - auyafa inmak co-Soyoft atalala. By Initiatgng haw yet aelmawkdoe that you undefsllN&M ndtarpec and the pnnristons of paragratri 16 wdtsd Yost Payment optonsr , an to rushes side of 9" oontram 13, CREDIT INSURANCE; YOU CANNOT BE DENIED CREDIT SIMPLY BECAUSE YOU CHOOSE NOT TO BUY CREDIT INSURANCE CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND HEALTH INSURANCE ARE NOT ` WOUiRED TO OBTAIN CREDIT INSURANCE WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL CHARGE. The poudes or certitieates issued by the Insurer will describe alts forms and eoPAlffons In further detail. It you want the fdlowUg Insurance, sign below. I L Lila (O Buyer ? C~r ? Both) at a premium of 3___.__1tpt__ for a term of NtA Credit lee Insurance will pay your debt on this Contract up to; ? Disability Accident and Health (Buyer Oily) at a premium of S fora term of Credli disablity socident and health insurance wi® pay your debt co thisup to i The name of the Insurer is annul of Home Office Address ~ Buyer Signature Date Co-Bayer sionatum Dale WARNING Any Insurance provided by the Seiler does not cover IlabiiRy for injury to persons or damage to property of others unless indicated in the policy 14, PROPERTY INSURANCE: insurance coverage for lose or damage to the vehicle (eolgalor, fire and am*) Is raqulred and you have the opion of firm ishdng ow renphdreo insurance of bvr nrraagtt your exforing policies or you may purchase eo*a*M msurance coverage treovgit enyone you wash smeptehk to that gene it you oleo to purchase this coverage trough chi Seiler it Will be hiss d (fy for the It" term of E T? at a ppre?mium of C btR su p%@rrga is not included in this ContnOt. CDR ALT RiAB ON THE REVIVEIRSE SIDE BEFORARE E SIGNIH? BELOW BOTH SIDES OF THIS PAGfE READ THE The Annual Percentage Rate may be negotiable with the Seller The Saner may assign this Contract and retain its right to receive a part of the Pittance Charge BY S)GNINQ TMS CONTRACT YOU ACKNOWLEDGE TNAT IT CONTAINS AN " IT N AR@MT9 Dig P " ON THE REVERSE WE, THAT YOU HAVE READ IT AND AGREE TO ITS 1 F NOTICE TO BUYER Do not sign this contract it blank You are entitled to an exact copy of the contract yo Ign Cee it to A t your legal rights. Dwarfligns * Co-Buyer Sign 3,40aew? 6y signing hen, the arse im terms of this contract and assigns this contract to Sera's sus g?aor the torme agreed to by solkr and Goners aafgnes, Svasr(Credaor) Signs By Tide Undereigtted Oem M1, n rom Seller of a true, correct and complete copy of this Contract at time of e ?_ gayer 9kfw Co buyer ftrrso has 494HE ON US OR 34 FORM NO. CAF11-fonerytr R Z119-8 pt 2/06 10001 0 20M S 79m Cass b k NA CHASE COPY CHIASEO Chase Aun Finance PO Box 31167 Tampa, Ft. 33631-3167 October 21, 2007 Trudy L Maurer 2W N 32ni St Camp Hill. PA 17011 NOTICE OF OUR PLAN TO SELL PROPERTY Secured I'arty: JPMorgan Chase Bank, N.A. Account No. 00528970049134 Dear Truc y L Maurer: Vre have your 2004, jeep, Grand Cherokee (the "Vehicle"), because you broke promises in our agreement. V re will sell the Vehicle at private sale sometime after November 9. 2007. The money that we get from the sale (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 moi ey than you owe, you will get the extra money, unless we must pay it to someone else. 4 You can get the Vehicle 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. To learn the exact amount you must pay, call us at the telephone number provided below. 1i you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number provided below and request a written explanation. It you need more information about your right to redeem the Vehicle, the amount needed to redeem the Vehicle or the sale, call us at the telephone number provided below. We are sending this notice to the following other people who have an interest in the Vehicle o • who owe money under your agreement: Mason S Maurer, You have additional rights under Pennsylvania law. These rights are described on the following page. You also have a conditional right to reinstate your contract at anytime before ive sell tb.s Vehicle by paying us all past due amounts owed under the contract, plus repossess: on and other fees. Tate purpose of this letter is to assist us in collecting a consumer debt and any informatinn obtained will be used for that purpose. Your immediate attention to this matter is anticipates. Sincerely, Redemption Department 888.895-1728 CM6207-NA- Reinstate Past. 1 of 21 ADDITIONAL RIGHTS Oo528970049134 RE ITION 'You can redeem (get back) the Vehicle at any time before we sell the Vehicle by below. PPayment must byour contract (Total Amount e by money ceder or cashiers heckem, below) at the paying of the full address sl town Y Remat sing contract Balance $13732.86 Unpait I delinquency charges $19.25 + $ 30ALO 1 Collection, repossession expenses Total Amount to Redeem' $14142-11 * This ainouttt, which Is subject to change as additional payments become due and storage charges and interest accrue, must be paid prior to the sale. Tic Vehicle is located at Metro Asset Recovery Temp 206 SMA?LSBURG DR M ,CHAt iICSBURG, PA 170-50 Phone (999) 999-9999- Any payments must be made by certified check or money order and should be sent to the following address: Chase Auto F-tnancc 14800 Frye Road - I -Floor Mail CodeTXI-1300 Ft Worth, TX 76155 ' Attention - Payment Services •Y)u must contact us at 888-895-1728 or write us at the address provided below, to coordinate the payment of funds and any additional documentation that is requited tred a?uro that release of the Vehicle. Additionally, pleAs tail us prior to remitting Your pay ec the Vehicl : is still available for Re:demption. Chase Auto Finance-Redemptions 4900 Memorial Highway FSIIUFU Tampa, FL 33634 CM6207-1 A - Reinstate Page 2 or21 L---. Any personal property left in the Vehicle will be held ror thirty (30) days from the date of this notice: and may be reclaimed during this period. Thereafter the property may be disposed of. CM6207- PA - Reinstate Page 3 of 21 F CAP04379 JPMORGAN CHASE SANK, N.A, TRUDY L MAURLR 400452528970049134 AFFIDAVIT Mike Koumth, 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; 21 have personal knowledge of the facts and circumstances in connection with this case; 3.PlaintifPs files are maintained in the usual and ordinary course of business; 4.7his 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 as of December 2, 2009 remains on the subject account having account number 400452528970049134 in the amount of $12,678.83 including interest wldch continues to accrue from said date at an annual rate of 18% ; 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 the best Of MY knowledge, information and belief. ,r Mike Konrath Swum to and Subscribe before me thi ayyt(/ A0h *Jk0 of , 2009 ?-MQ.?Q P dp-sb4p otarY , Public ARS HA P. LASER 7ARY PUI?.IC - MARICOPA y 00?rxnlssfon Fxpiree !lily ao. 2010 CAF04379 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff JPMORGAN CHASE BANK, N.A. vs. TRUDY L MAURER 5345 OXFORD CIR. APT # 58 Mechanicsburg PA 17055 UE THE Pf~OTHON~JTAR" 2Q (0 SEP 22 PM 3: ~ r CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5736 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. Goldman & Warshaw, P.C. BY: B Y OSEN, ESQUIRE Attorney for Plaintiff(s) $10.00 ~Po p7T1 e~ ~a,8 ~,~ ayec~~a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOr ~Q~~1F, at tiemb~rr~~~ • ly. 4Pf It'„E %: " T ~+E -rat+£Rt~F Fi~EQ-0~'~'tC~ ~~' T~~ ~~~7~3~J'~0~'A ^°s' 2~ i D CCT 13 P~1 { : ~ 3 `;~'~BERL~~~D COU"~T`~' P~~~~,~5 YL'~~A,t~lt~ JP Morgan Chase Bank vs. Trudy Lynn Maurer Case Numt~er 2010-5736 SHERIFF'S RETURN OF SERVICE 10/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Trudy Lynn Maurer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Trudy Lynn Maurer. Deputies were advised, Trudy Lynn Muarer has moved from 5345 Oxford Circle, Apartment 58, Mechanicsburg, PA 17055. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Trudy Lynn Maurer. SHERIFF COST: $37.00 October 12; 2010 SO ANSWERS, t~~^^~ RON R ANDERSON, SHERIFF (c) CountySuite Shenft, Teleosoft, lnc. CAF04379 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 C1 GOLDMAN & WARSHAW, P.C. 52 312 W. Broad Street er Quakertown, PA 18951 zM rn c-) -urn 267-373-9730 + oC) Counsel for Plaintiff rte.. Q' c co M JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS ] CUMBERLAND COUNTY VS. TRUDY L MAURER TO THE PROTHONOTARY: DOCKET NO. : 10-5736 PRAECIPE TO WITHDRAW COMPLAINT Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. BY: ////ZxZ RE Barry A. o n, ES bvf Attorney fo Plaintiff P006 k CERTIFICATION OF SERVICE I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Withdraw Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre- paid, to all other parties or their counsel of record. Barry A. Ro en, ESQUIRE 1 L /2 4 Dated.