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HomeMy WebLinkAbout02-0645John's Mobile Repair Service, Inc. 1511 East Commerce Avenue Carlisle PA 17013 VS. Lenders Trust P O Box 5564 Gainesville FL 32627 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EQUITY NOTICE TO DEFEND TO THE RESPONDENTS NAMED HEREIN: 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 Petition and Notice are served, by entering a written appearance personally or by attomey 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 Petition or for any other claim or relief requested by the Plaintiffs. 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 Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tine viente (20) dias de palzo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma eschita sus defenses o sus objectones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, las torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la pentcion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. John's Mobile Repair Service, Inc 1511 East Commerce Avenue Carlisle PA 17013 VS. Lenders Trust P O Box 5564 Gainesville FL 32627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN EQUITY NO. Petition to Obtain Title of an Abandon Vehicle 1996 GMC Sonoma Truck VIN # 1GTCS1945T8513866 Lien Holder: Lenders Trust Registered Owner: Florence Doss The vehicle was towed into our shop on July 7, 2001 from Route 81 at Exit 13. The mack had overheated and shut off. The customer signed a Customer Authorization form for us to perform inspection and make an estimate for needed repairs. See attached [Exhibit A]. We inspected the damages and made an estimate for repairs. The customer was notified on July 16, 2001 and requested that we not perform any further repairs, she would come and pick up the vehicle, and pay for the outstanding bill. We were promised the vehicle would be picked up and the outstanding bill would be paid by July 30, 2001. Also at this time the customer was made aware of storage charges that would begin on July 17, 2001 of $15.00 per day until the vehicle is picked up and the bill paid for in full. The customer made no attempt to contact us or remove the vehicle. We then contacted the Finance Company holding the lien on the vehicle and attempted to have them pay the bill and pick up the vehicle. They were contacted several times by mail and fax. See attached [Exhibit B]. They refused to pick up the vehicle as well. We then contacted the dealer who traded another vehicle in and made the sale to Mrs. Doss. They also refused any action on the vehicle. Therefore, we are seeking a Court Order from the Commonwealth of Pennsylvania to assign ownership of this vehicle to John's Mobile Repair Service, Inc. The total outstanding due at this time on the vehicle is as follows: Shop Bill Storage charges July 17, 2001 thru January 25, 2002 Administrative Fees Total 193 days ~ $15.00 per day $ 601.52 2,895.00 250.00 $3,746.52 I verify that the statements made in this Petition are tree and correct. I understand that false statements Herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. aintiff f t/ ,JOHN'S MOBILE REPAIR SERVICE ,~~' 1511 East Commerce Avenue ., CARLISLE, PA 17013 (717) 245-0076 · ¢ ~.,'.'--J. / ~ ~ - ~, ,, ~ , Net 30 days, A finance charge of 1:/=% per month Collection fee~ will be assessed If neces~. T~ Thank You ! T 19834 0 t)t-lf~'~ MOBILE REPAIR SERViCE, 15 13 EAST COMMERCE AVE', CAPCE['SLE, P. . I),. ?, (717) 245-0076 - FAX: ('/17) 245-06a8 TOWFDFROM: ~_*k~J~,_ ........ ', EHICLE DESCRJPTIOK: C~,t I X\ITHRO[~GH ESTIMATE OF REPAIRg? YESX DOES C['STOhlER ~v.qS:T Ol D P~,RTS'? ,'YES ~'~ xC __ DIU\ER ~IECHAN1C CUSTOMER SI.G ~, ATL' FLE OF RE PA_IR .~,L'TH 0 P,J Z ~,TlO N ' ,, ,','z_ ~.. Z.-._.? :_®? ' 1511 EAST COMMERCE AVE. CARLISLE, PA 17013 ,~ . (717) 245-0076 - FAX: (717) 245-0648 FAX TRANSMISSION // ~%O. OF PAGES INCLUDING THIS ONE ?~-- COMPANY: ~__~'g~ ~ ~'~ 7 ' / DEPARTMENT: DATE: If you do noi receive all the pages, please Contact: John's Mobile Repair Service, Inc. 1511 E. Commerce Ave. Carlisle, PA 17013 (717) 245-0076 / (717) 245-0648 (FAX) Subject: ~j l~ S.ec a, ns,ructions: EAST COMMERCE AVE. CARLISLE, PA ~. 7013 (717) 245-0076 - FAX: (71"/) 245-0648 FAX TRANSMISSION NO. OF PAGES INCLUDING THIS ONE COMPANY: DEPARTMENT: 'J~-~¢ ~//'~ / DATE: If you do not receive all the pages, please Contact: John's Mobile Repair Service, Inc. 1511 E. Commerce Ave. Carlisle, PA 17013 (717) 245-0076 / (717) 245-0648 Subject: Special Instructions: EAST COMMERCE AVE. CARLISLE, PA 17013 (717) 245-0076 - FAX: (717) 245-0648 FAX TRANSMISSION NO. OF PAGES INCLUDING THIS ONE TO: DEPARTMENT: j-~C DATE: t~ you do not receive all the pages, please Contact: John's Mobile Repair Service, Inc. 1511 E. Commerce Ave. Carlisle, PA 17013 (717) 245-0076 / (717) 245-0648 (FAX) Special Instructions: 1511 EAST COMMERCE AVE. CARLISLE, PA 17013 ('717) 245-0076 - FAX: (71'7) 245-0648 FAX TRANSMISSION NO. OF PAGES INCLUDING THIS ONE COMPANY: PHONE: FROM: kf?~' D E p ARTM ENT: / ',f~¢ ~'~/'~/~(~ DATE: If you do not receive all the pages, please Contact: John's Mobile Repair Service, Inc. 1511 E. Commerce Ave. Carlisle, PA 17013 (717) 245-0076 / (717) 245-0648 (FAX) Subject: ~ '- .... Special Instructions: Ri~TAIL II~STALLMENT CONTRACT AND SECURITY AGREEMENT No. Buyer Seller ,! .',L - t. i? Al;: 404 $ CP, Date e~, i :~(.St'~ I "We" and "us" mean the Seller above, its "You" and "your" mean each Buyer above, and Buyer's month of bi~th ~UL¥ successors and assigns. [ guarantor, jointly and individually. SALE: You agree to purchase from us, on a time basis, subject to the terms and conditions of this contract and security agreement Contract), the Motor Vehicle (Vehicle) and services described below. The Vehicle is sold in its present condition, together with the usual ~ccessories and attachments. )escription of Year vlotor Vehicle Make ~urchased Model VIN ] c;'rI'F ! '~. % '~'~ ! Lic. No./Year [] New)',:F-[ Used Other: 3escription of 0DOHET[;;t~; t trade-In .1988 II.:EI~ Wt;:^NGt,14;[4 2 L, li .:::BC(".;;8)'t') tF'/,~4'#'.7.? ......... , ......... ri~,, interest in the Vehicle, all nco under the terms or tins uomrac[, you u~v,= ,~o ,~ o,~- ,¢ ~ECURITY To secure your payment and. ped. orma .......... ,.- \/~hidl~ tndether cal'~ed Property and proceeds of the Property. ~coessions, attachments, accessories, and equlpmem placed ,n u, u,, ,,,~ ......... o - . · ¢ou also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased w~th :his Contract. ~-j853. :J 2 plus finance PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ , ;harges accruing on the unpaid balance at the rate of ! 9, 00 % per year from today's date until paid in full. Finance charges accrue on ~¢ ?, day basis. You agree to pay this Contract according to the payment schedule and ~ate charge provisions shown in ~he TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms and conditions of this Contract. ~ LOAN PROCESSING FEE: You agree to pay a non-refundable loan processing fee of $ ti / ^ that will be [] paid in cash. [] added [o the cash price, ft/A if you pay this Contract in full ~ MINIMUM FINANCE CHARGE: You agree to pay a minimum finance charge of $ before we have earned that much in finance charges. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. [] You agree to make deferred payments as part of the cash down payment as reflected in IRES your Payment Schedule. TRUTH IN LIr. PlUIPI~ ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amount you will have The total cost of your purchase on The cost of your credit as The dollar amount the provided to you or on paid when you have made credit, including your down payment of a yearly rate. credit will cost you. your behalf, ail scheduled payments. $ ':";' ?~{. 52 $ t 1 e,6 I, 84 $ ! 46t:~ t. ~.~ .t Payment Schedule: Your payment schedule will be __ When Payments Are Due Number of Payments Amount of Payments .... . - Security: You are giving a security interest in the Motor Vehicle purchased. .[~ Let- Charge: If a payment is more than 10 days late, you will be charged 5~, Of;' TIlE Prepayment: If you pay off this Contract early, you may have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. ............. . IT¢iJl?&Tlnl~ r~G AM~[INT FINANCED CREDIT INSURANCE: Credit life, credit disability (accident and health) and any other nsurance coverage quoted belOw, are not required to obta n credit and we will not provide them unless you sign and agree to pay the additional premium, if you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. ITEl Vehicle Pdce (incl. sales tax of $ 55'?. ~,? ) $ ~ ~ 8'.L!' ] '/ Service Contract, Paid to: * $. Cash Price $ Manufacturer's Rebate $ Credit Life: Insured [] Single []Joint Pres. $ f~ '/~ Term Credit Disability: Insured [] Single [] Joint Prem. $ fl 'A Term Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. Buyer d/o/b Buyer d/o/b PROPERTY INSURANCE: You must insure the Property securing this Contract. You may pumhase or provide the insurance through any insurance company reasonably acceptable to us. The collision coverage deductible may not exceed $ ti/A . If you get insurance from or through us you will pay $ ti/k for This premium is calculated as follows: [] $ ~! "'\ Deductible, Collision Coverage $ [] $ fi ' ~ Deductible, Comprehensive Cov: $ fl / ,~ [] Fire-Theft and Combined Additional Coverage $ H .." ,& of coverage. I'1 .' ^ BODILY INJURY OR PROPERTY DAMAGE LIABILITY NOT INCLUDED UNLESS CHECKED AND INDICATED. [] SINGLE-INTEREST INSURANCE: You must purchase single-interest insurance. The coverage may be obtained from a company of your choice, reasonably acceptable to us. If you buy the coverage from or through us, you will pay $ for of coverage. This insurance is solely for the interest of the Seller, its successors and assigns, and no protection exists for your benefit. Signed: ASSIGNMENT: This Contract and Security Agreement is assigned the Assignee, phone · This assignment is made [] under the terms of a separate agreement. [] under the terms of the ASS GNMENT BY SELLER on page 2. [] ThiSi'assignment is made wthrecourse.,.?,' ..;:,' ?;. '- ~ i~t . ~;: ISeller:By-' ,?' '~ ' ~-., _~ ~Date FLORIDA RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT © 1995, 1996 Bankers Systems, Inc., SI Cloud, MN Form RS-SI-MV-FL 7~26/99 ~ Cash Down Payment $ '~(:;v,,,; Deferred Down Payment $ ti ~ ,~ a. Total Cash/Rebate Down $ ! (~,,~O. b. Trade-In Allowance $ 2~OO, c. Less: Amount owing $ f.l ~ ,~ Paid to: d. Net Trade-In (b. minus c.) $ 20¢¢, e. Net Cash/Trade-In (a. plus d.) $ 3~¢0. Down Payroent (e.; disclose as $0 if negative) $ Unpaid Balance of Cash Price $ Paid to Public Officials - Filing Fees $ Insurance Premiums* $ fi / (See adjacent coverage and benefit types.) Amount to Finance line e. (if e. is negative) Loan Processing Fee Paid to Seller N / To: fi ,.' To: DI'tC ,qT At't Pq To: I1 Total Other Charges/Amounts Pal. to Others Less: Prepaid Finance Charges II Amount FI nan ced Amount owed - payable in '~(; installments of ', beginning on ~, / ¢. t / 01 until paid in full. *We may retain or receive a portion of this amount. [] SERVICE CONTRACT: With your pumhase of the Vehicle, you agree to purchase a Service Contract to. cover This Service Contract will be in effect for NOTICE TO BUYER A. Do not sign this agreement before you read it or if it contains any blank spaces, B, You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights, BY SIGNING BELOW BUYER AGREES TO THE TERMS ON PAGES 1 AND 2 OF THIS CONTRACT AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS CONTRACT. Buyer: ,':,:;2 ' Signature .... Date. Signature i.,./ ,.,, Date Seller:.B~) ....... ~;~:.:;~ ~ .... ::-.--.:;-.-" ........ (page I of 2) MOTOR VEHICLE - NOT FOR MANUFACTURED HOMES