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HomeMy WebLinkAbout04-4642IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNYSLVANIA CIVIL DIVISION WFS Financial, Inc., Plaintiff, Kenneth Bryan Sr. and Sandra Bryan, jointly and severally, and as husband and wife, Defendants. Type of Pleading: Complaint Filed on Behalf of Pla'mtiff: WFS Financial, Inc. Counsel of Record for this Party: Linch A. Michler, Esquh:e Pa. I. D. No. 53518 7228 Baptist Road, #175 Bethel Park, PA 15102 (412) 854-4315 NOTICE TO DEFEND 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 is served, by entering a written appearance personally or by an 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ONE OF THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CIYMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA TELEPHONE NUMBER (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNYSLVANIA CIVIL DMSION WFS Financial, Inc., Plaintiff, Kenneth Bryan, Sr. and Sandra Bryan, jointly and severally and as husband and wife, Defendants. No. ©q - COMPLAINT Plaintiff, WFS Financial, Inc., a corporation maintaining an office at 2143 Convention Center Way, Suite 2 I0, Ontario CA, by way of complaint against the defendants, Robert Beal and Adam Beal, jointly and severally says: 1. Defendants, Kenneth Bryan, Sr. and Sandm Bryan, are adult individuals having a last known address of 138 High Road, Shippensburg, PA 17257. 2. At all times relevant, Plaintiffwas in the business of providing financing for the purchase of motor vehicles pursuant to retail installment contracts as more fully described herein. 3. Defendants purchased a 1995 Chevy Lumina, Vehicle Identification No. 1GNDU06L7ST131202, the terms and conditions set forth in the Retail Installment Contract ("Contract"), a copy of which is attached hereto as Exhibit "A". 4. Defendants granted to the seller stated on Exhibit "A", or its assignee, a security interest in the vehicle as set forth in the Contract. 5. Plaintiff perfected its security interest in said vehicle under the terms of the Security Agreement by notation of its lien or security interest on the Certificate of Ownership of a Motor Vehicle, a copy of which is attached hereto as Exhibit "B". 6. Pursuant to the terms of the Contract, plaintiff, upon default in payment, may elect the entire unpaid balance immediately due and payable without notice or demand. 7. Defendants defaulted on the Contract and as a result the vehicle was repossessed pursuant to the terms of the Contract and applicable law. $. Pursuant to applicable law, Plaintiff gave notice to Defendants of repossession and right to redeem (Exhibit "C"), thereafter selling the vehicle pursuant to the Motor Vehicle Financing Act and applicable law. 9. The Defendants have and continue to be in default of the Contract. 10. The Defendants are responsible for Plaintiffs costs of repossession and sale and reasonable attorney fees incurred as a result of said default. 11. As a result of the default in payment, there is now due from the Defendants the deficiency balance of $2,582.gg, plus attorney fees of $1,750.00, interest at the contract rote of 21.00% and court costs. A tree and correct copy of the account ledger is attached hereto marked Exhibit "D" and made a part hereof. WHEREFORE, plaintiff, WFS Financial, Inc., demands judgment in its favor and against the defendants, Kenneth Bryan, Sr. and Sandra Bryan, jointly and severally, and as husband and wife in the mount of $2,582.89, together with attorney fees of $1,750.00, interest at the contract rate of 21.00% and court costs, and such other and further relief as the Court may deem just. Dated: September 13, 2004 Linda A. Michler, Esquire Pa. I. D. No. 53518 7228 Baptist Road, #175 Bethel Park, PA 15102 (412) 854-4315 HiGH ROAD ~i~t XNC, "' 03],00?,~ ~, '" ;: ~:[NANC~Ai. IN(: ..:.;.l~p' ..8,ox ],1,80q e, ~. :. t~'~iNG TX WFS Financial and adde~ of secured 02~3/2004 NOTICE OF OUR PLAN TO SELL PROPERTY (Comumer (Name and ad&ess or,ny obligor who is also a debtor) Addxess: 136 HIGH RD Subject: ~ 995 CHEVY TRU 1GNDU06LTST131202 (FOR A PUBLIC DISPOSITION:) (FOR A PUBLIC DISPOSITION PURSUANT TO SECT[ON 9614(7)(A) OR (7)(B):) (A) Nan-~ of dealer , at public uk. A sale could OR (B) Advet'd~ing it for sale to the general public to be pu~lutsed: lncludir~ our expenses. To l=am th= exact amount you m~st pay, csll ~s st 888-805-2886 I f you want us to exphtin lo ~ou in w~iting how wc Imv¢ figu~e,d the remount that you owe us. You me¥ ceB us et S88"~05- 2886 920 GERMANTOWN PIKE SUITE 210 PLYMOUTH TOWNSHIP PA 1~62 if yo~ need more i~tormation aborn ~ae sale c~ll us at 888-805-2886 920 GERMANTOWN PIKE SUITE 210 PLYMOUTH TOWNSHIP PA 19462 or (Names of all o~r debtors and obli$ors, ffmiy) 1'8 2 NOTICE OF INTENTION TO DISPOSE OF MOTOR VEItlCLE NOTICE OF REPOSSESSION AND RIGHT TO REDEEM (~m~t~t) .......................................... s (~'ir~t~) .......................................... $ Time of Reposaession ................................. $ 4 I46.78 (C} [^- n- C] ,.....$ m Account History-Deficiency Simple Interest Contract Account Name & Number BRYAN 7790007414 Beginning Contract Balance: Plus Amount of Insurance Added: Minus Credit applied to Account Prior to Repossession: (Payments) Balance at time of Charge off/Repossession: (Account balance plus Insurance Balance) Minus Amount of Rebated Insurance: Minus Amount of Insurance Settlement: Minus Service Contract and Disability Insurance Plus Repossession Charges: (Attach all repossession bills) Minus Amount Received at Resale: Minus Payments Made Prior to Suit: Plus Miscellaneous fees: (Late Charges / NSF Fees) Minus Unsupported Documentation: of repossession fees, etc .... Deficiency Balance Subtotal: Subtotal: Subtotal: Subtotal: $ 9,480.00 $ $ 9,480.00 $ $ $ 467.00 $ 1,800.00 $ $ 1,800.00 $ 21.96 $ 21.96 Total: $ Total: $ Total: $ Total: $ Total: $ Total: $ Total: $ Total: $ Total: $ 9,480.00 5,586.07 3,893.93 3,893.93 4,360.93 2,560.93 2,582.89 2,582.89 2,582.89 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNYSLVANIA CIVIL DIVISION WFS Financial, Inc., Plaintiff, Kenneth Bryan, Sr. and Sandra Bryan, jointly and severally and as husband and wife, Defendants. No. VERIFICATION I verify that the facts set forth in this .Complaint are true and correct to the best of my knowledge, information an~ belief..,/~nder~tand that false statements herein are made subject to the penalties of 18 Pa. C.S..§4904, relating to unswom falsification to authorities. as I am authorized toanake this verification on behalf of WFS Financial, Inc in my capacity SHERIFF'S RBTURN - CASE NO: 2004-04642 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WFS FINANCIAL INC V$ BRYAN KENNETH SR ET AL REGULAR CPL. MICHAEL BA3RRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon BRYAN KENNETH SR DEFENDANT at 1746:00 HOURS, at 138 HIGH ROAD SHIPPENSBURG, PA 17257 SANDRA BRYAN, WIFE a true and attested copy of COMPLAINT & NOTICE the on the 30th day of September, by handing to together with law, 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.58 Affidavit .00 Surcharge 10.00 .00 40.58 Sworn and Subscribed to before So Answers: Thomas Kline 10/01/2004 LIN]DA A MICHLER SHERIFF' S RETURN - CASE NO: 2004-04642 P COMMONWEALTH OF PENNSYLVA/~IA: COUNTY OF CUMBERLAND WFS FINANCIAL INC VS BRYAN KENNETH SR ET AL REGUL~kR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BRYAN SANDRA DEFENDANT at 1746:00 HOURS, at 138 HIGH ROAD SHIPPENSBURG, PA 17257 SANDRA BRYAN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 30th day of September, __ by handing to together with & NOTICE 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before So Answers: R. Thomas Kline 10/01/2004 ~ LINDA A MICHLER ~ // WFS FINANCIAL, INC., Plaintiff KENNETH BRYAN, SR., and SANDRA BRYAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4642 PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendants, Kenneth Bryan, Sr., and Sandra Bryan. WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esq~ir~ Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717)532-7388 ~ov.ll. ~004 4:54PM Associates No.5403 P. 2 Wits FINANCIAL, INC., : Plaintiff : V. : KENNETH BRYAN, SR., and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4642 STIPULATION FOR JUDGMENT The parties hereto, by and through their respc, ctive undersigned counsel, do stipulate and agree as follows: Plaintiff shall be entitl~ to judgment in thc amount of Four Thousand 'l'hrcc Hundred Thirty-two Dollars 'and Eighty-nine Cents ($4,332.89), without intcr~st. Defendants shall pay thc above sum in fourteen (14) installments of Thr~ Hundred Dollars ($300.00) each and a final insta!l~ent of One Hunclrcd Thirty-two Dollars and Eighty-nine ($132.89) on the 16~ day of each month hereafter, beginning on December 16, 2004, until the obligation is paid in full. Plaintiff will place a reminder telephone call to Defendants each month. After the reminder call, Plaintiff will take a direct debit from Defendants' checking account for the required payment. Plaintiff shall not execute upon or placc a lcvy against any real or personal property owned by Defendants unless Defendants dcfault under thc terms of this Agreeancnt.. No Jntercst shall accrue on thc judgment unless Defendants arc in dcfault, at which timc interest shall accrue at the statutory rate,, WEIGLE & ASSOCIATES, P.C. Lind~ A. Michlcr, Esquire Attorney for Plaimiff Altomey ID 053518 7228 Baptist Road, #175 Bethel Park, PA 15102 (412)854-4315 Richant L. Webber, Jr., E~uire Attorney for Defendants Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717)532-7388 WFS FINANCIAL, INC., Plaintiff Vj KENNETH BRYAN, SR., and SANDRA BRYAN, Defendants IN THE COURT OF COMMON PLEAS CUMBEI~AND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 04-4642 _STIPULATION FOR JUDGMENT Thc parties hereto, by and through their respective undersigned counsel, do stipulate and a~ follows: Plaintiff shall bc entitled to judgrncnt in thc amount of Four Thousand Three Hundred 'ltfirty.two Dollars and Eighty-nine Cents ($4,332.89), without interest. Defendants shall pay thc above sum in fourteen (14) installments of Three Hundred Dollars ($300..00) each and a final installment of One Hun&cd Thirty-two Dollars and Eighty-mc ($132.89) on thc 16~' day of each month hereafter, beginning on December 16, 2004, until thc obligation is paid in full. Plaintiff will placc a reminder telephone call to Dcfcndants each month. After the reminder call, Plaintiff will take a dir~ debit from Defendants' checking account for the required payment. Plaintiff shall not execute upon or place a levy against any real or personal property owned by Defendants unless Defendants default under the terms of this Agreement. No interest shall accrue on the judgment unless Defendants arc in default, at which time interest shall accrue at thc statutory rate. WEIGLE & ASSOCIATES, P.C. Linda A. Michler, Esquire Attorney for Plaimiff Attorney ID #53515 7228 Baptist Ro~l, #175 Bethel Park, PA 15102 (412)854-4315 Richard L. Webl~r, Jr., Esquire / Attorney for Defendants Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717)532-7388