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HomeMy WebLinkAbout11-5950 CAF04379 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS NOT 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 3609 KOHLER PL APT 12 Camp Hill PA 17011 u? I e' CQ C O I'J-l<00?C G? ( 4 rv 4._ O nC c? FT' x> COURT OF COMMON PLEAS r:3 CUMBERLAND COUNTY DOCKET NO.: 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 INWRITING 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 ask ? ?a? a? X492 l??-a??a.?7S 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. TRUDY L MAURER 3609 KOHLER PL APT 12 Camp Hill PA 17011 COMPLAINT IN CIVIL ACTION ? ??-sus-o 1. Plaintiff, JPMORGAN CHASE BANK, N.A. is a federally chartered bank or other business entity with its principal place of business at the above captioned address. 2. Defendant(s), TRUDY L MAURER , is (are) an adult individual(s) residing at the address(es) above captioned. 3. Plaintiff and Defendant(s) 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(s) 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 July 15, 2011 remains on the subject account having account number 400452528970049134 in the amount of $8,817.19 plus interest accruing at the rate of 18% from December 26, 2007 in the amount of $4,353.86 for a total current amount due of $17,037.04. 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(s) has(have) refused, and still refuse(s) 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 $17,037.04 plus applicable court costs and interest as determined by the court. Goldman & Warshaw, P.C. BY: BARRY A. ROSE UIRE Attorney for rP17?ntiff 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 EXHIBIT "A" JPMORGAN CHASE BANK, N.A. VERIFICATION CAF04379 I, Paul P. Taylor , hereby state that I am employed by Plaintiff herein as a Trial Manager; that I am authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have reviewed plaintiffs business records related to defendant's account described 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 based on my review of the aforementioned business records of plaintiff. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Pri Pri ame: P4L? aul P. for Title: Trial Manager 11 RETAIL INSTALLMENT CONTRACT CHN? Date __L0/28/2006 '13402 I If this box is checked this is a simple interest contract W1Tff a 'Balloon Paymenr as the fast schedulao payment. If this box Is not checked this is a 2. sariprs interest contract rrunvu r a -tiatioon raymenu as its tact srneouteo payment. t?5' 700 V Y/3 Buyer (and Co-Buyer) Seller (Creditor) Nance and Address Name and Business Address (Include County and Zip Code) TRUDY L MAURER MASON S MAURER 11 SPANKEY S AUTO SALES INC 200 N 32ND STREET 200 N 3290 STREET 701 EAST LOCUST ST CAMP HILL PA 17011 CAMP HILL PA 17011 MECHANICSBURG, PA 17055 3. WHO IS BOUND! You, the Buyer (and Cc-Buyer It any). may buy the vehicle described below for cash or on crecft. By signing below you choose to buy the vehicle on credit under the terms an the front and back of this Contract and are individually liable (jointly and Severally if both a Buyer and Co-Buyer sign below) for any amount due. In INS Contrail, 'we, 'us, and 'our' mean the Seller named above and. after assignment and acceptance the Sellat's assignee, JPMotgan Chase Bank, N.A. acting on its own or as agent for an affiliated entity (and any subsequent assignee) 4. DESCRIPTION OF VEHICLE: You earea to buv and we Rome to sell the falowinn vehicle New. Used or Demo Year Weight (lbs.) Make and Model Body Type Vehicle Identification No. Key No Use tar Which Purchased personal business - agricultural USED 2004 JEEP GRAM CHE If truck - Describe body gross vehicle weight and major items of equipment sold: 5 NOTICE TO BUYERS OF USED OR DEMONSTRATION VEHICLES: The Infamratlon you em on the window form for this vehlcle.ls part of this Conbact, Information on the window form overrides any contrary prarisions In tore contract of sale. 6. FEDERAL TAUTH-4N•LENDING DISCLOSURES ANNUAL FINANCE PERCENTAGE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE RATE The cast of your credit as a The dollar amount the credit The amount of credit pro The amount you will have The total cost of your put yearly rate. I It cost you vided to you or on your paid after you have made a!1 chase on credit, including behaff payments as scheduled your downpayment of S 5500 00 18 00 2194 90 s 14063 90 s 23249.80 s 2R74R-Ro PAYMENT SCHEDULE; Your payment schedule will be 72 monthly payments of $ U2 Q 0 each, due on the same day of each month starting on 12112106 BALLOON PAYMENT- If this Contract is checked with "Balloon Payment" above your payment schedule will be monthly payments of S N/A each due an the same day of each month starling on_____N/A and then your last payment ("Balloon Paymenn will be s N/A due on N/A PREPAYMENT You have the right to pay off this Contract early If you do so, you will not have to pay a penalty SECURITY you are giving us a security interest in me motor vehicle being purchased LATE PEE: it a payment is more than 10 days late, you may be charged 2% of the unpaid amount of that payment. OTHER ITEMS, Please read this Contract, Including the reverse side, for addltlanal information on security interests, nonpayment, delaufi, and our right to require repayment in full before the scheduled maturity date. 7 B. IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS CONTRACT, YOU MAY LOSE YOUR VEHICLE. 1 Cash Price: ITEMIZATION OF THE AMOUNT FINANCED A Cash price of vehicle (including sales tax of J 100 40 any accessories, their installation and faxes) S 1 A?off Ql} 2 Downpayment: N /A A. Net agreed value of trade-in ; (_N/A_year. NIA rrtake, N/A model) B. Manufacturers rebate applied to oownpaymerd $ N / A C. Cash Downpaymant $ 5500 00 D. Total Downpaymem (A + B + C) s 5500 00 3. Unpaid Balance (1A. Less 2D.): ; 12750.40 4. Other Oarges, including amounts paid to others on your behalf, A. Cost of Optional Credit Life andlar Accident and Heafih Insurance for the term of this Contract Paid to the Insurance Company of Compares Named Below: .. t ogionil ti Like $ ! ,Disability Accident and Health S -? S N f J? ?Qap„?ye ? Itift in B. Official fees paid to govemrtte4l,agendes for kind f rtirdd arourit im Lia3riseartdRegistration Fee ; nn sscotmahdyouhinenol --o.10 rerevellacopydadap Certificate of Title Fee ; % t Gap omage. rare is ro Other Govt Fees $ r n C. Other Charges (identify who will be paid and purpose) Buyer's an. Co-Buyers Indials To u /+?r+ For Optional Gap Coverage i " X X To SPilltT y r #lr rar_Gr For 1300HENT FEE ; ? ?-?-Tvn ,rr?t3 To -UARLLj A R Far $ To NIA For snr/rh ; To NIA For -- f To N « For NIA ! To VIA For Nun S^? To NIA For NIA D Total other charges and amounts paid to others on your behalf (A + B + C) ; 5 Amount Financed (sum of 3 plus 40) _ We may retain, or receive, a portion of these amounts 9 Additional Disclosures 6, Finance Charge 6 9194-99 - Required by State Law 7 Time Balance "(Total of Payments) (5 plus 6) f_ 8. Payment Schedule. See Federal Truth-in-Lending Disclosures above. 10. PROMISE TO PAY You promise to pay us the Amount' Financed shown above, plus a Finance Charge applied to the unpaid badancH of the Amount Financed each day The daily rate Finance Charge is equal to 1/365th of the Annual Percentage Rate shown above, I I PAYMENTS BEFORE OR AFTER DUE DATE: This Is a simple Interest contract. This means that since we compute your Finance Charge each day on the unpaid balance of the Amount FlnanceA the amount of the Finance Charge shown above may vary depending upon when your payments are received, Therefore the earlier you make payments before their due dates, the less Finance Charge you will owe. The later you make payments after they are due. the greater the Finance Charge. If you pay on time, you will not owe a late fee and we will apply your payment first to accrued Finance Charge and then to the unpaid balance of the Amount Financed. If you pay late, you will owe a late fee and we will apply your payment first to accrued Flnanoe Charge. then to the scheduled unpaid balance of the Amount Financed, then to unpaid late fee, and then to the remaining unpaid balance of the Amount Financed. If you make any payments after they are due including payments due because we allow you to extend the term of this Conrail, your final payment will be larger than originally scheduled. We will advise you of any additional amount you owe us after you make your last payment (it It Is $1.00 or more). We will send you a check for any amount owed you (if it is $1.00 or more). 12. BALLOON PAYMENT !F THIS CONTRACT IS CHECKED WITH -BALLOON PAYMENT" ABOVE THIS CONTRACT IS NOT PAYABLE IN INSTALLMENTS OF EQUAL AMOUNTS. THE LAST SCHEDULED PAYMENT IS SUBSTANTIALLY LARGEn THAN EACH OF THE OTHER SCHEDULED PAYMENTS The due date and amount of this last scheduled payment are shown above That amount may the less than what we estimate the vehicle will be worth at the time such payment is due, Paragraph 16 on the reverse side entitled 'LAST PAYMENT OPTIONS' applies. The odometer reading referred to in Section (B)(3) of such paragraph is miles, the excess mileage charge referred to in Section (9)(3) of such paragraph is NIA per mile and the disposition fee referred to in Section (8)(1) of such paragraph is Buyers initials Co-BuWs initials, By initleding here, you arlowr hWp that you underaRI&Aheial charges and the provisions of paragraph 16 arttltled "Last PWmrlt Options' , on On reverse t1lde of this Contract 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 REQUIRED TO OBTAIN CREDIT INSURANCE WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL CHARGE, The policies orcertificates issued by the insurerwill describe the terms and conditions in further detail, If you want the following insurance, sign below- 0 Life ( ? Buyer ? Co-Buyer ? Both) at a premium of $_? f for a term of Credit life insurance will pay your debt on Rhos Contract up to $ ? Disability Accident and Health (Buyer Only) at a premium of $ for a term of Credit disability accident and health insurance will pay your debt on this C aaet up to $ MIA The name of the insurer is of _ Name Horne Office Address Buyer Signature Date Co-Buyer Signature DM9 WARNING Any insurance provided by the Seller does not cover liability for injury to persons or damage to property of others unless indicated into Poliev 14. PROPERTY INSURANCE- Insurance coverage for lass or damage to the vehicle (collision, fire and theft) is required and you have the option of furnishing the required insurance either through your existing policies or you may purchase equivalent insurance coverage through anyone you wish aaceptable b the Seller If you elect to purchase this coverage through the Seller it will be fumished by for the initial term of at a premium of but sudlr/Awge Is not Included in this Contract. IMPO NT THE TERMS OF THIS COP CT ARE CONTAINED ON BOTH SIDES OF THIS PAGE, READ THE ADDITIONAL TERMS ON THE REVERSE SIDE BEFORE SIGNING BELOW The Annual Percentage Rate may be negotiable with the Seller The Seller may assign this Contract and retain its right to receive a part of the Finance Charge, q THIS CONTRAC DISPUTES' ON THE REVERSETftE, TH T YE HLAVE R AD IT ND AGREE TV IITS?TEGREEMENT TO AR?RATE NOTICE TO BUYER Do not sign this contract if blank. You are entitled to an exact copy of the contract yo ign Kee it to pro your legal rights, Buyer Signs Co-Buyer Signs By signing hers, the Sails( tae the terms of this Contract and assigns this Contract to Seller's assignee under the terms agreed to by Seller and Seller's assignee, Seller (Credilor) Signs By Title Undersigned her n tom Seller of a true, correct and complete copy of this Contract at time of ex ut Buyer Signs S Co Buyer Signs 1<41;L--- -- -- FORMNO. CAFRfanasylr R M6 Ptg. 246 TO OfW CALL 13001 422-3102 OR FAX Mal 29"53; C 2006 JPM3rgan Chase Bahr, NA. CHASE COPY CHASE 0 Chase Auto Rnance National Recovery Group P.O. Box 29505 Phoenix, AZ 85038-9505 REPRESENTATION OF PRINTED DOCUMENT January 04, 2008 Explanation of Calculation of Surplus or Deficiency 54892 0000385 001 L9W MAURER,TRUDY L 1034 DELLVILLE RD DUNCANNON PA 17020-9756 Subject: Account No. 400452528970049134 Retail Installment Dated: October 28, 2006 JPMorgan Chase Bank, N.A. Dear Maurer,Trudy L: ofirot6lv On 1212112007 we sold the vehicle securing the above loan in accordance with the Notice of Our Plan to Sell Property, which we had previously sent to you. We received $4,700.00 on the sale. We applied this amount to your account as follows: (1) Aggregate amount of obligations secured by the security interest, less unearned finance charge and, if known, insurance premiums and other credits, as of January 04, 2008: $14,380.02 (2) The amount of proceeds of the disposition (gross): (-) $4,700.00 (3) The aggregate amount of the obligations after deducting the amount of proceeds: (_) $9,680.02 (4) The amount of expenses, including: Expenses of retaking: $525.00 Expenses of holding: $0.00 Expenses of preparing for disposition: $167.75 Expenses of disposition of the collateral: $146.00 Amount of attorneys fees (if any): $0.00 Total: N $838.75 (5) (a) The amount of the deficiency (if applicable)'. (_) $10,518.77 (b) The amount of the surplus (if applicable)": (_) $0.00 'This amount may be subject to change due to the accrual of interest or the dishonor of any checks or other items, or due to the posting of rebatable hems, credits, and payments we receive after the date of this notice. L900 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT THE CHECKED SECTION APPLIES TO YOU X The amount stated on line 5 (a) is the Deficiency Balance. Please make payment of this amount to our office within ten (10) days of the date of this notice. - Enclosed is our check in the amount stated on line 5 (b) as a Surplus. Additional information concerning the transaction Is available by calling us at the telephone number shown below or writing us at the address shown above. Thank you for your attention to this matter. Very Truly Yours, Chase Auto Finance National Recovery Department 800-592-9861 Payment mailing address: Chase Auto Finance, PO Box 901079, Fort Worth, TX 76101-2079 This is an attempt to collect a debt. Any information obtained will be used for that purpose. L900 INTERNET REPRINT CHASE 0 Chase Auto Rnance National Recovery Group P.O. Box 29505 Phoenix, AZ 85038-9505 REPRESENTATION OF PRINTED DOCUMENT January 04, 2008 Explanation of Calculation of Surplus or Deficiency 54982 0000386 001 L900 MAURER,MASON S 200 N 32ND ST CAMP HILL PA 17011-2810 Subject: Account No. 400452528970049134 Retail Installment Dated: October 28, 2006 JPMorgan Chase Bank, N.A. Dear Maurer,Mason S: On 12121/2007 we sold the vehicle securing the above loan in accordance with the Notice of Our Plan to Sell Property, which we had previously sent to you. We received $4,700.00 on the sale. We applied this amount to your account as follows: L900 (1) Aggregate amount of obligations secured by the security interest, less unearned finance charge and, if known, insurance premiums and other credits, as of January 04, 2008: $14,380.02 (2) The amount of proceeds of the disposition (gross): (-) $4,700.00 (3) The aggregate amount of the obligations after deducting the amount of proceeds: (°) $9,680.02 (4) The amount of expenses, including: Expenses of retaking: $525.00 Expenses of holding: $0.00 Expenses of preparing for disposition: $167.75 Expenses of disposition of the collateral: $146,00 Amount of attorneys fees (If any): $0.00 Total: (+) $838.75 (5) (a) The amount of the deficiency (if applicable)". (_) $10,518.77 (b) The amount of the surplus (If applicable)`: (_) $0.00 'This amount may be subject to change due to the accrual of interest or the dishonor of any checks or other items, or due to the posting of rebatable items, credits, and payments we receive after the date of this notice. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT THE CHECKED SECTION APPLIES TO YOU X The amount stated on line 5 (a) is the Deficiency Balance. Please make payment of this amount to our office within ten (10) days of the date of this notice. Enclosed is our check in the amount stated on line 5 (b) as a Surplus. Additional information concerning the transaction is available by calling us at the telephone number shown below or writing us at the address shown above. Thank you for your attention to this matter. Very Truly Yours, Chase Auto Finance National Recovery Department 800-592-9861 Payment mailing address: Chase Auto Finance, PO Box 901079, Fort Worth, TX 76101-2079 This is an attempt to collect a debt. Any information obtained will be used for that purpose. L900 INTERNET REPRINT JPMORGAN CHASE BANK, N.A. TRUDY L MAURER 400452528970049134 AFFIDAVIT CAF04379 The undersigned, being duly sworn according to law, depose and say that: 1. I am employed by the Plaintiff as a Trial Manager, and I am familiar with the Plaintiffs business records relating to Defendant's account at issue in this matter (the "Account"); 2. Plaintiff s business records are maintained in the usual and ordinary course of business; 3. Plaintiff's business records reflect that Defendant failed to make payments due on the Account; 4. Plaintiff's business records reflect that Defendant owes a balance, as of 12/01f2009, on the Account, having account number 400452528970049134, in the amount of $9,778.50, including interest which continues to accrue from said date at an annual rate of 18% ; 5. If called upon, I can testify at trial as to the contents of Plaintiffs business records related to defendant's account. The above facts are true and correct to the best of my knowledge, information and belief. tgnature _0'g'?ZZ4 - Paul P. Taylor Name Sworn to and Subscribed before me this 9/ day of , 2011 Notary P is CONSTANCE SOVIERO NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN NASSAU COUNTY REG. #01SO6053851 MY COMM. EXP. MAR. 17, 2015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,'at???tr of L?riufir?^f j (IF TIDE P OTHO OTARY 1011 AUG 19 PM 2; 33 CUMBERLAND COUNTY PENNSYLVANIA JP Morgan Chase Bank, NA vs. Trudy L. Maurer Case Number 2011-5950 SHERIFF'S RETURN OF SERVICE 08/18/2011 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 L. 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 L. Maurer. Request for service at 3609 Kohler Place, Apartment 12, Camp Hill, Pennsylvania 17011 the Defendant was not found. Current resident is the Defendant's Ex Husband. He advised Deputies Trudy L. Maurer does not reside at this address anymore. However, The Camp Hill Postmaster is delivering Trudy L. Maurer's mail to 3609 Kohler Place, Apartment 12, Camp Hill, Pennsylvania 17011. SHERIFF COST: $48.00 August 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF { oun;1sjit hrrtf P :o'f Ir - CAP04379 0 WE SUM W r BE 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 201'1 OC 13 PH 2: CUMBERLAND COUNT PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5950 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. P006 BY: -2-4& Barry A. R n, ESQUIRE Attorney r Plaintiff 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. R n, ESQUIRE Dated: