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HomeMy WebLinkAbout04-4721IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT LLC, vs. Plaintiff, VICTOR NEGRON, Defendant. CIVIL DIVISION ISSUE NUMBER: TYPE OF PLEADING: COMPLAINT CODE - 011 ASSUMPSIT FILED ON BEHALF OF: Plaintiff, FAIRLANE CREDIT LLC COUNSEL OF RECORD FOR THIS PARTY: Donald S. Mazzotta, ESQUIRE Pa. I.D. #11461 LAW OFFICES OF DONALD S. MAZZOTTA, P.C. Firm #742 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 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 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 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 SHOULD 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON A~ENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse S. Hanover Street Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLkNE CREDIT LLC, Plaintiff, VICTOR NEGRON, Defendant. COMPLAINT - CIVIL ACTION AND NOW, COMES the Plaintiff, Fairlane Credit LLC, by its attorneys, Law Offices of Donald S. Mazzotta, P.C., and respectfully presents its complaint in civil action a~ainst the defendant above-named upon a cause of action whereof the followin9 is a statement: 1. Fairlane Credit LLC is a corporation doin~ business at PO Box 6508, Mesa, Arizona 85216, and is hereinafter referred to as "Plaintiff." 2. Victor Negron is an individual residin~ at 740 Sterlin9 Court, Enola, Cumberland County, Pennsylvania 17025, and is hereinafter referred to as "Defendant." 3. Defendant purchased personal property and entered into a written a~reement (hereinafter "A~reement") for the purpose of financin9 the purchasin9 of the personal property. A true and correct copy of A~reement is marked Exhibit "A", attached hereto and made a part hereof. 4. Plaintiff is the holder of Agreement and is entitled to payment under the terms thereof. 5. Defendant defaulted by failing to make payment when due and Plaintiff took possession of its collateral. 6. Plaintiff sold the motor vehicle at auction. 7. After the sale of Plaintiff's collateral, Plaintiff applied the expenses of retaking and sale of the collateral, and also the proceeds of sale previously to the Defendant's account and Plaintiff incurred a Defeciency Amount of $12,370.83. 8. Plaintiff is entitled to interest from May 10, 2002 to September 16, 2004 at the contract rate of 20.95% per annum, totaling $6,098.57. 9. Demand for payment has been made upon Defendant, but Defendant has failed or refused to pay. 10. Under the terms of Agreement, Plaintiff is entitled to reasonable attorney's fees of 20.000% in the sum of $2,474.16. WHEREFORE, Plaintiff seeks judgment against Victor Negron in the amount of $20,943.56, plus interest from September 17, 2004 to date of judgment and costfs of suit. BY: WiO F ES F DONALD S. ZZOTTA, Don~rld S 1%~aziz{gta, Esqulre Attorneys f~ ~laintiff VERIFICATION I, Donald S. Mazzotta, Esquire, state that I am not a party to the action but that at the request of the Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the Plaintiff, the averments set forth in the Civil Action Complaint are true. A Verification executed by the Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating ~o unsworn falsification to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04721 P COMMONTWEALTH OF' PENNSYLVANIA COUNTY OF CUMBERLAND FAIRLANE CREDIT LLC VS NEGRON VICTOR R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT NEGRON VICTOR unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being a diligent search and but was He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT NEGRON VICTOR 740 STERLING COURT ENOLA, PA 17025 PER POST OFFICE, DEFENDANT'S 10614 LAKESIDE VISTA DRIVE RIVERVIEW, CURRENT ADDRESS IS FL 33569. Sheriff's Costs: Docketing 18.00 Service 11.10 Not Found 5.00 Surcharge 10.00 .00 44.10 , NOT FOUND , as to So answers:. ' - / / R. Tho.fas Kline Sheriff of Cumberland County DONALD MAZZOTTA 09/23/2004 Sworn and subscribed to before me this day of ~30~ A.D. Pr ry ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT, LLC VICTOR NEGRON, Plaintiff, Defendant. CIVIL DIVISI,ON NO. 04-4721 CIVIL ISSUE NUMBER: TYPE OF PLEADING: PRACIPE TO DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF: Plaintiff, FAIRLANE CREDIT, LLC COUNSEL OF RECORD FOR THIS PARTY: Donald S. Mazzotta, ESQUIRE Pa. I.D. #11461 LAW OFFICES OF DONALD S. MAZZOTTA, P.C. Firm #742 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 EN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT, LLC, ) ) ) Plaintiff, ) ) vs. ) No. 04-4721 CIVIL ) ) ) VICTOR NEGRON, ) ) ) Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY Please Discontinue without Prejudice the action regarding this matter and mark the docket accordingly. LAW OFFi By: ICeS OF DONALD S. 1MAZZOTTA, P.C.