HomeMy WebLinkAbout12-4023IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST CONSUMER DISCOUNT COMPANY,
Plaintiff Civil Action No. %? 3of 2012
Vs. cl
In Replevin a
.V
MARISSA SEEGER, rn
Defendant r-
rn
r rn
NOTICE zc?y n
You have been sued in Court. If you wish to defend against the claims s him their'`'
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following pages, you must take action within twenty (20) days after this Complaint and No-ice 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 DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
34 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
NIELS & O'DONNELL
1
By 11??1,4 AA Ai
eter J. O' o ell (# 3 37)
Attorneys for waintiff
15 South Wayne Street
Lewistown, PA 17044
(717) 248-3911
441 m4by?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
NORTHWEST CONSUMER DISCOUNT COMPANY, :
Plaintiff Civil Action No. of 2012
Vs.
MARISSA SEEGER,
In Replevin
Defendant
COMPLAINT
1. The Plaintiff is NORTHWEST CONSUMER DISCOUNT COMPANY
(hereafter Plaintiff), a Pennsylvania corporation with offices at 3401 Hartzdale Drive, Suite
130, Camp Hill, Pennsylvania 17001.
2. The Defendant is MARISSA SEEGER (hereafter Defendant), an adult
individual residing at 315 West Shady Lane, Apt. J., Enola, Pennsylvania, 17025.
3. On or about October 18, 2010, Defendant made, executed and delivered to
Plaintiff a Note (hereafter Note), evidencing her obligation to pay Plaintiff the total sum of Six
Thousand Seven Hundred Sixty-one and 28/100 ($6,761.28) Dollars. A copy of Note is
attached hereto, marked Exhibit A and incorporated herein by reference thereto.
4. On or about October 18, 2010, Defendant made, executed, and delivered to
Plaintiff a Security Agreement (hereafter Agreement), which granted Plaintiff a security interest
in a 1995 Ford Mustang automobile (Serial No. 1FALP42T2SF105037) (hereafter Vehicle). A
copy of Agreement is attached hereto, marked Exhibit B and incorporated herein by reference
thereto. Plaintiff perfected its security interest in Vehicle, in the manner provided by law, on
November 3, 2010.
5. Defendant is in default under Note because she has failed to make the
monthly payments to Plaintiff, as required by Note, for the months of April, May and June of
2012.
6. By the commencement of this action, Plaintiff has exercised its right under
Note to declare the entire remaining unpaid balance of Defendant's aforesaid obligation
immediately due and payable.
7. The amount presently due Plaintiff under Note is Two Thousand Three
Hundred Fourteen and 53/100 ($2,314.53) Dollars, together with interest thereon at the rate set
forth in Note.
8. Because of Defendant's aforesaid default and failure to pay the aforesaid
sum of Two Thousand Three Hundred Fourteen and 53/100 ($2,314.53) Dollars, Plaintiff, as a
secured creditor, is entitled to immediate possession of Vehicle.
9. The present fair market value of Vehicle is an amount in excess of Two
Thousand Three Hundred Fourteen and 53/100 ($2,314.53) Dollars.
10. The present location of Vehicle is unknown to Plaintiff because Defendant,
in violation of Section 4110 of the Pennsylvania Crimes Code, has concealed the location of
Vehicle with intent to hinder enforcement by Plaintiff of its aforesaid perfected security
interest.
WHEREFORE, Plaintiff respectfully requests the Court to enter judgment for
Plaintiff and against Defendant:
(a) For recovery of Vehicle or for damages of Two Thousand Three Hundred
Fourteen and 53/100 ($2,314.53) Dollars, which is less than the value of
Vehicle, in the event Plaintiff cannot obtain possession of Vehicle;
(b) For Plaintiff's attorney's fees and the costs of this action; and
(c) For such other and further relief as the Court deems just and proper.
NIELSEN & O'DONNELL
By 01?-AA? 6
eter J. O' o e (#23 37)
Attorneys for Plaintiff
15 South Wayne Street
Lewistown, PA 17044
(717) 248-3911
DATE: June ? ? , 2012
VERIFICATION
I, MARTIN A. DUMIC, Manager of NORTHWEST CONSUMER DISCOUNT
COMPANY, being authorized to do so, verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904,
relating to unsworn falsification to authorities,,.-' ,
MARTIN A. DUMIC
DATE: June ;t/, 2012
Northwest Consumer Discount Company
03401 Hartzdale Drive, Suite 130
PAYEE OCamp Hill PA 17011
EXTENSION CHARGE,1 1/2% PER MONTH ON AMOUNTS EXTENDED FOR TIME EXTENDED. $1.00 MINIMUM.
DEFAULT CHARGES, 1 Il2% PER MONTH FROM DATE DUE ON AMOUNT IN ARREARS FOR TL•N(10) OR MORE DAYS. $1.00 MINIMUM.
ACCOUNT NO. DUG BORROWER(S) NAME AND ADDRESS:
DATE SEEGER, MARISSA
491-623638-1 O1 010 E LOCUST ST
DATE OF LOAN OENOLA PA 17025
10/18/2010 10
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total Ut Payments
Fhe cost of your credit as a yearly rate. The dollar amount the credit The amount of credit provided to you The amount you will have paid after you
will cost you. or on your behalf. have made all payments as scheduled.
24.11% 1,487.82 5,273.46 6,761.28
OUR PAYMENT SCHEDULE WILL BE:
FIRST PAYMENT DUE INAL PAYMENT DUE OTAL OF PAYMENTS MOUNT OF FIRST MOUNT OF OTHER
ATE ATE AYABLEIN AYMENT AYMENTS
12/01/2010 11/01/2012 24 MONTHLY 281.72 281.72
PAYMENTS
NOTE
IN CONSIDERATION of a loan made by the Lender named above, at its above office, in accordance with the Consumer Discount Company Act of April 8,
1937, as amended, the undersigned jointly and severally promise to pay to the order of said corporation at its above office the Total of Payments above stated,
together with default charges at the above rate, court costs and reasonable attorney's fees in event of default.
Payment of Total of Payments, which includes the amounts of discount, Service Charge, Minimum Charge, Recording Fees, Insurance Premium and
Proceeds of Loan above stated, shall be made in consecutive monthly installments beginning on stated due date for the first installment and continuing on the
same day of each succeeding month to and including the stated due date for the final installment. Default in paying any installment shall, at the option of
holder without notice or demand, render entire sum unpaid at once due and payable. If the note is wholly paid before maturity, a portion of the discount shall
be refunded or credited, calculated in that amount which shall be that proportion of the interest or discount which the sum of the monthly balances on finally
scheduled to be outstanding during the full months following such prepayment in full bears to the sum of all monthly balances originally scheduled to be
outstanding (both sums to be determined by the schedule of payments in the original contract).
This note shall secure repayment of the Total of Payments and all future advances which the payee herein named in its sole discretion, without obligation
to do so, may make to Borrowers: any judgment entered hereon or on any prior note for which this note is in whole or in part mediately or immediately a
renewal shall be security for payment hereof and of any future note which is in whole or in part mediately or immediately a renewal hereof.
This note is executed and delivered in connection with an Installment Loan Security Agreement entered into by makers and payee under even date
herewith; all terms thereof are incorporated by reference.
Makers hereof severally consent to extensions of time of payment without notice. A statement of said loan has been delivered to the borrower as required
by law. This note is governed by the laws of Pennsylvania.
The following notice applies only if the proceeds of this loan have been applied in whole or substantial part to the purchase of goods and/or
services from a person who, to the ordinary course of his business sells such goods and/or services to consumers, and Borrower has been referred
to the Lender by the Seller, or Lender is affiliated with the Seller by common control, contract, or business arrangement.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF,
RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
WITNES _ t
(SEAL)
(SEAL)
(SEAL)
Exhibit A
SECURED PARTY.
TENDER ,
v?rttiv.e4^ Consumer Dieaonnt cmfnpany
03401 rlartzdals Drive, Suite 130
OCamp Hill PA 17011
SECURITY AGREEMENT
EXTENSi0N/CHARGE, I 1/1% PER MONTH ON AMOUNTS EXTENDED FOR TIME EXTENDED. Sl.m MINIML M.
DEFAULT CHARGES. 1112% PER MONTII FROM DArE DUE. ON AMOUNT IN ARREARS FOR TENOO) OR MORE DAYS. SI.00 MINIMUM.
ACCOUNT NO. DUE BORROWER(S) NAME ANDADDRE.SS.
DATE SEEGErt, MARISSA
491-623638-1 01 0lo E LOCUST ST
ATE OF LOAN OINOIA PA 11025
10/18/2010 a T._.?
N N UAL YCttl, C1V 1 A V L• rtn 1 c.
I'he con of your cmdil M a yewlY rale. The -11,, amount the cl,& The ?rmoum of credit pmyided to Ya The -you will have paid a0er You
win con You. or on your t half. haw merle all my-11 u ,clieduw.
24.11% 1,487.82 5,273.46 6,761.28
OLIR PAYMENT SCHEDULE WILL BE.
F RIT PAYMENT DUE INAL PAYMENT DUE: OTAL OF PAYMENTS {AMOUNT OF FIRST MOUNT OF OTHER
ATE ATE. AYARLL IN AYMF.NT AYMF.NTS
P MONTHLY f
12/01/2010 ?11/01/2ID12 24 MONTHLY 281.72 281.72
AGREEMENT between the shove named secured parry, called Lender, and above named debtor called Borrowers.
1. Borrowers shall execute and deliver a note simultaneously for sum herein set forth representing principal sum advanced; interest and finance charges.
2. Borrowers agree to make all payments aI office of Lender. The Total of Payments of the note includes Discount. Service and Minimum Charges, Recording
Fees, Insurance Premium and Proceeds of Loan; is payable in monthly installments beginning on due date and continuing on the same day of each succeeding
month to and including due date for final installment. Default or extension charges may be collected at above rate. Payments may be made in advance in any
amount at any time. If the note is wholly paid before maturity, a portion of the discount shall be refunded or credited, calculated to that amount which shall be
that proportion of the interest or discount which the sum of the monthly balances originally scheduled to be outstanding during the full months following such
prepayment in full bears to the sum of all monthly balances originally scheduled to be outstanding (both sums to be determined by the schedule of payments in
the original contract).
3. Borrowers hereby warrant and represent that the property mentioned in paragraph 12 herein is now located at address stated above, and Borrowers agree that
all property in which Lender has or may have a security interest will not be moved from said premises without the prior written consent of Lender.
4. Borrowers warrant and represent that they will not use or permu any or all of said property to be used for any other purpose, not attach or permit any or all of
said property to be attached or affixed to realty, until full payment of the total indebtedness secured hereby; if motor vehicle is covered by this agreement, that
re istratlon of said motor vehicle has not been suspended nor du Borrowers know facts which may result in suspension of said registration; that they own all
of&said property free and clear of all liens and are entitled to exclusive possession.
5. If motor vehicle is or becomes collateral, Borrowers shall immediately upon acquisition, obtain certificate of title, with lien noted thereon in favor of Lender
for total amount of indebtedness secured.
6. Borrowers shall not use or permit said property to be used in violation of law; shall keep all of said property free from liens, security interest of every kind.
No injuryto or loss or destruction of said property shall release Borrowers; they will not transfer any interest in any or all of said property. In the case of
repossession of a motor vehicle license plates issued for it mayy be used in moving it and any personal propery in said motor vehicle not covered by this
agreement may be held by Lender for delivery to Borrowers. &irrowers shall keep the respective interests of Lender and Borrowers in all of said property
insured against risk of damage, destruction and theft, in an amount sufficient to cover Lender's interest, by an insurance carrier acceptable to Lender; if
Borrower fads to Pay premiums. Lender may effect such insurance and Borrower shall pay any premiums advanced as pan of total indebtedness. Insurance
V1 may at Lender's option be applied on account of Borrower's obligations or released to Borrower.
7. The following shall be defaults; failure of Borrowers to pay any installment when due; breach or failure of Borrowers to perform any obligation; death of any
Borrower; any or all of said property being levied upon or subject to condemnation or forfeiture proceedings; Borrowers becoming insolvent; institution of
proceedings by or against Borrowers under Bankruptcy It or for ap intment of Receiver for any Borrower. Upon a default, Lender may at its option, and
without notice or demand on Borrowers declare immediately due and payable ail of total indebtedness due and to become due with lawful costs added, with or
without process. Borrowers agree to poay all costs, charges, expenses incurred in taking possession of any or all of said property.
8. Time is of the essence. All remedies Lender are cumulative, not alternative, may be enforced successively or concurrently; any repossession, retaking or
sale of any or all of the said property shall not bar an action for recovery of amounts which Borrowers may be required to pay, and the bringing of such
action or entry of judgment against Borrowers shall not bar Lender's rights to repossess any or all of said property.
9. Any provision of this agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining
provisions. All words used herein shall be construed to be of such gender or number as the circumstances may require. If more than one Borrower shall
execute this agreement, their liability shall be joint and several.
10. This agreement contains all of the promises, of the respective parties; all prior agreements, written or oral, are merged herein. This agreement may not be
altered, except by a further agreement in writing and shall be binding and inure to the benefit of the heirs, executors, administrators, successors and assigns of
the parties hereto.
11. Borrowers waive and release all benefit of release from ay and all appraisement, stay or exemption laws.
12. Borrowers, to secure payment of the aforesaid sum, mgether with any future advances which Lender, in its sole discretion, without obligation to do so, may
make to Borrowers, grants to Lender and agrees that lender shall have a security interest in the collateral described below.
Description of Collateral',
Q (a) Motor Vehicle(s;
MAKE
FORD BI
(b) All of the collate
E] (c) Other (describe)
IF TRUCK, GIVE TONN
1FALP42
of every kind, now
7 1 SDN 1 1995
YEAR
in or about the borrower's premises at their address above stated as permitted by state and
Borrowers s y all costs for filing, financing, continuation and/or termination statements.
Signed, se I nil delivered in the pre rice of:
r
orroT-
(L.S.)
mower
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?Qt???tp Qi ??tt?brr/?ffd?
OFF ti E - ?_ M WERIFF
0-
127 AUG -7 AM 9: G2
'CUMBERLAND CDUN -1Y
PENNSYLVANIA,
Northwest Consumer Discount Company
vs.
Marissa Seeger
Case Number
2012-4023
SHERIFF'S RETURN OF SERVICE
07/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 30, 2012 at 0
hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Marissa Seeger. Ten attempts at service were made before the Complaint and Not
has expired. A Post Office check was also reqeusted by Sherifrs Deputies and the Enola Postmaster
confirmed that this is the address on file for this defendant.
SHERIFF COST: $73.00
July 30, 2012
tc, GountySuite Shenff,'teleesoft. lo:..
SO ANSWERS,
RON R ANDERSON, SHERIFF