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Home My WebLink About02-0660FACTORY FINANCE CO., INC., Plaintiff VS. STEPHANIE L. LANDIS, ANDRE M. COLLINS, and PAUL E. BENFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -~_~ CIVIL TERM CIVIL ACTION - LAW 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 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 FACTORY FINANCE CO., INC., Plaintiff VS. STEPHANIE L. LANDIS, ANDRE M. COLLINS, and PAUL E. BENFER, Defendants ) ) ) ) ) ) ) ) COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 6~ (~5 CIVIL TERM CIVIL ACTION - LAW AND NOW comes the Plaintiff, Factory Finance Co., Inc., by and through its attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, FACTORY FINANCE CO., INC., is a Pennsylvania corporation with its principal place of business at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, STEPHANIE L. LANDIS, is an adult individual who resides at 412 South Front Street, Apartment A-103, Liverpool, Perry County, Pennsylvania. 3. Defendant, ANDRE M. COLLINS, is an adult individual who resides at 412 South Front Street, Apartment A-103, Liverpool, Perry County, Pennsylvania. 4. Defendant, PAUL E. BENFER, is an adult individual who resides at 42 Salem Manor, Selinsgrove, Snyder County, Pennsylvania. 5. On or about May 27, 2001, ail Defendants entered into a Pennsylvania Motor Vehicle Installment Sales Contract with Plaintiff. Attached hereto and marked as Exhibit A is a tree and correct copy of that agreement. 6. The Installment Sales Contract was provided by Plaintiff for the purchase of a 1993 Chrysler Sedan. 7. In June, 2001, Plaintiff was notified that the vehicle had been destroyed in a motor vehicle accident. 8. Prior to discovering that the vehicle had been destroyed in a motor vehicle accident, several payments under the Installment Sales Contract had been late or were not made by any of the Defendants. 9. Plalntiffhas contacted all of the Defendants at various times to advise them of their responsibility under the Installment Sales Contract and despite those contacts, no payments have been forthcoming. 10. Plaintiff is owed $3,827.00 on the Installment Sales Contract. 11. The Defendants, individually and collectively, are in default of the Installment Sales Contract by their failure to make the payments in accordance with the Installment Sales Contract and to pay the outstanding balance in full. 12. Plaintiff has been damaged as a result of the breach by all Defendants as a result of their failure to make the payments in a timely fashion. 13. The damages due and owing to Plaintiff under the Installment Sales Contract are $3,827.00. 14. In addition to the remaining payments due and owing under the Installment Sales Contract, Plaintiff is entitled to obtain its attorney's fees, collection costs and court costs associated with having to collect any and all outstanding amounts due. 15. All Defendants are individually liable under the Installment Sales Contract for all outstanding sums due and owing and for all collection costs, including reasonable attorney's fees and court costs incurred by Plalntiffin this matter. WHEREFORE, Plaintiff demands judgment against Stephanie L. Landis, Andre M. Collins and Paul F. Benfer, in the amount of $3,827.00, plus interest, plus reasonable attorney's fees, plus costs of suit. Respectfully submitted, 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION WILLIAM MIXELL, being duly sworn according to law, deposes and says that he is the Secretary/Treasurer of FACTORY FINANCE CO., INC., a Pennsylvania corporation, the Plaintiff herein, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Attest: FACTORY FINANCE CO., INC. WILLIAM MIXELL, Secretary/Treasurer 4 EXHIBIT A PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, OateoMAY 27. 2000 PERCENTAGE CHARGE The amount of credH RATE The dollar amount the plovided to you or The cosl of your credit credit will cost you your behalf. as a yearly rate ~.~ nnn % $ l?qR 11 $ 5668.61 Your Paymem Schedule will be: e means an estimele Prlpaylll~nt: If you pay Off edify, you will not have to pay a penally. Total of Payments The amounl you will have paid aher you have made all scheduled payments. $ 6966.72 Total Sale Price o The total cost of your purchase on credit, including your downpeyment olS 1300.00 S 8266.72 Security: You are giving a security interest in the goods or property being purchased. [] (brief description ol giber properly} Lale Charge:. if a paymen~ is idle 15 days or more. you wig be charged Iwo (2%) percent gl ~he payment See your COnhect below lor any additional information aboul non payment, defaulL any required cepaymenl in full before the scheduled dale. and prepayment refunds and penalties in thi, Co.tract DATE SOLD 05/27/00 the Sailer, SPRNKET$ AUTO SALES. INC 701 E Locust Slleet Mechanicsbur6. PA 17055 You,,, COBUYER, ANDRE a COLLINS the~yeqs). ~TF~NTF I IA~TS 1~1 N 13TH STRE~ ~[~, PA. 17103 N~me(s) Address Zip ~e Itemization of Amount Financed Cash Price $ 6179.00 Total Cownpayment -$ 1300. O0 Unpaid Cash Price Balance =S 4879.00 TO Credit hlsurance Company 2 ,$ 319.77 Tgq~l~urance Company 3 +$ 40. O0 To License Tags and RePstcslion +$ 68.50 To Lien Fee +$ 5. O0 To SALES TAX +$ 356.34 To +; Amount Financed (] thru 7) =$ 566B,61 N/U Year and Make Series Be~ St'fie NO. CyL T~uck Ton Capacity Serial Number 1C3XV56L1 PO162838 u R [::: D ~13 ClrITl ~1, ~DN 6 EQuipped [] AT [] PS. [] AM-FM Stereo I--1 5 Spd Other ruth [] AC [] PW,[~] AM-FM Tape [] VinyITop YOU have traded-in the Iollowing vehicle: $ N/A -S N/A :S N/A Net Trade.in S N/A Cash Cownpayment .$ 1 300. O0 Total Cownpayment =$ 1 3OO. O0 I Sy s,gning, yD. ~th ..~t~ni~dff Life ,n.,a .... ~ ~ ~,.~.~ 30 Yeas Yelr and Make Series Cross AIhiwlnCl Still Owlfl~l Net Trade-in PROPERTY INSURANCE: YOO are required to obtain and maintain the thll~ i~n ......... ,he Vehicle. N/A Automobile Physical Olmlgl laurence: ~ Comprehefl~vl $ . ~ OlduCtibll Collision $ ; ~ T~AO By ,ignino. y ..... t Singl, C,,~ff Life, ......c,. ~ signing, you w, nt Singl, Cr,dU ~c~i~n~eal,h Insureflc~ ~ HI~ Ifisurl~l 23 FACTORY FINANCE CO., INC, 701 E Locust Street. Mechanicsburg. PA 17055 HOW THE TOTAL OF PAYMENTS IS COMPUTEO: The Total et PIyment$ is the sum of the Amount Fina~cod and the Fhile, ce Cherla. elto Finance Chm*oa coeahile solely ef i~taralt computed of the increase or decrease will be raflacled ht the list payment, which Iloeg with the Total of SECURITY' AGREEMENT: To secure the payment of III SUlRS dui end the pldOfll~l~Cl leverse side [] WITHOUT RECOURSE; [] WITH FULL RECOURSE; 0 WITH REPURCHASE SELLER SP~,~ES {SEAL) property ii SlCUff fy for repayment of this Contract. Howlvef. you KkflOl~llJgl this the llW gives IF THiS CONTRACT INVOLVES THE SALE OF A USED VEHICLE, THE INFOR- MAT, ON YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINOOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SlOE YOU ARE OBLIGATEO TO ALL THE TERMS OF THiS CONTRACT WHICH APPEAR ON THE FRONT AND REVERSE SLOES. NOTICE TO BUYER--DO NOT SION THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SION. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. BY (SEAL) 8b~ER ACKNOW"'~DGES RECEIPT OF A COMPLETED COpy'OF THIS CON.TRACT/LT THE TIME OF SIGNING. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. WHITe FA~ORY FINANCE CO. CANARY CUSTOMER/CO-SIGNER P~NK DEALER (SEAL) [SEAL) be a~d~d m~e b'lfl~ce on ~h ~ impose F~nance Cha~a~ the ~1Per~,RMe:bf:/~ ~ 6 Th s pa ~aph apphes~ly i~ ~ve contrKled to purchlse hre. theh of call,sma insurance ADDITIONAE PROVISIONS ~ ~ .. ~:~ ~o ~WARRANTIES THERE ARE BY SELLER. EXPRESS OR IMP~ INCL~G WARRANTIES OF MERCHANTABILI~ ANO F~NESS FOR A P~CU~RPOS~ NOi~IC~--ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULO ASSERT ABAI(IST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEOS HEREOF. RECOVERY HEI~I~ONDER Dry THE DEBTOR SHALL NOT EXCEEO AMOUNTS PAID BY THE OERTOR HEREUNOER. '% ~ ' ~ ~': ~: ~' NOTICE OF PROPOSED CREDIT INSURANCE U ~, ASSIGNMENT ": been made m $lrlCl conformity w~th ell applicable lederaE state and local laws and regulations, intruding, bl*l not limfted, to ArTicle 2 of (he Pennsylvania Unilorm Commercial Code (1~ Pa C S A § § no lacts ~ich may resuh m the su~pensmn Gl said registralion under the Penns~vinil Molar Vehlcle Saflly Rasponsibilify Act. the 8uyer(~) in ~i ~hin Contracl ~e per~n~ly ke~ lO the Seller to be SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJtND FACTORY FINANCE CO INC VS LANDIS STEPHANIE L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LANDIS STEPHANIE L but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry Co 18.00 9.00 10.00 48.20 .00 85.20 03/07/2002 MICHAEL BANGS R. ~ Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this /6 ~ day of ~ A.D. Prothonotar~ ' ° SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACTORY FINANCE CO INC VS LANDIS STEPHANIE L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COLLINS ANDRE M but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/07/2002 MICHAEL BANGS So answers~. -~/ ./_~---~, ~~~~~//~" / .._. ....~.- R./Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /3 ~ day of ~h~ ~ A.D. - P~othb~ary ' / SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACTORY FINANCE CO INC VS LANDIS STEPHANIE L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BENFER PAUL E but was unable to locate Him deputized the sheriff of SNYDER in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2002 , this office was in receipt of the attached return from SNYDER Sheriff's Costs: Docketing Out of County Surcharge Dep Snyder Co 6.00 9.00 10.00 25.00 .00 50.00 03/07/2002 MICHAEL BANGS R/. Thomas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~Op- A.D. Prothonotary ' Return this form to CAraberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Factory Finance Co. Inc. VS. Stephanie L. Landis et al SERVE: Stephanie L. Landis No. 02 660 civil Now, February 12, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pe£,'y County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock ~ within M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this __ day of ., 20 COSTS SERVICE MI1.EAGE AFFIDAVIT Return this fozm to C%~nberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Factory Finance Co. Inc. ¥S. Stephanie L. Landis et al SERVE: Andre M. Collins No. 02 660 civil ]~OW, February 12, 2002' herebY deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COLrNTY~ PA, do per~7 County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, Affidavit of Service ,20 , at o'clock ~ M. served the upon by handing to and made' known to' copy of'the original So answers, the contents thereof.. Sheriff of County, PA Sworn and subscribed before me this day of ,20 COSTS SERVICE MII,EAGE AFFIDAVIT SHERIFF'S RETURN In the Court of Common Pleas Of the 41't Judicial District of Pennsylvania-Perry County Branch Factory Finance Co., Inc. ¥$ Stephanie Landis and Andre Collins 412 S.Front St. Apt A-103 Liverpool, Pa. 17045 NO. 2002 - 660 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Stephanie Landis and Andre Collins, but was unable to locate him/her in his bailiwick. He therefore returns the Complaint to the within named Stephanie Landis and Andre Collins, of 412 S. Front St. Apt. A-103 Liverpool, Pa. NOT FOUND. Defendants no longer live at this address. Rich and Stephanie Kocher live there. They stated that Stephanie Landis lived there with Yusef McLaren, but they no longer live there. Sworn and subscribed to before me this /~ day of /)~a cc_~., 2002. So Answers, Sheriff of Perry County Return this form t° Ctwnberland 'County Sheriff's office. in The Court of Common Pleas of Cumberland County, Pennsylvania Factory Finance Co. Inc. VS. Stephanie L. Landis et al SERVE: Paul E. Benfer No. 02 660 civil Now, Februa~ 12, 2002. hereby deputize the Sheriff of. , I, SHERIFF OF CUMBERLAND COUNTY; PA, do Snyder County to eXecute this Writ, this deputation being made at the'requeSt and. risk of the Plaintiff. Sheriff of Cumberland County, PA 'N6w, 'within Affidavit of Service ,20 ,at o'clock M. served the by handing to a and made~known to copy of~he original · .the contents thereof. So answers, Sworn and su)bls~B~'before me this i~C~dl~lltg ( i · 2O Shmq. ff of. County, PA COSTS SERVICE AFFIDAVIT SAVED # 2002-660 MISC. DKT. BK. # 31 PAGE # 018 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FACTORY FINANCE CO., INC., VS NO: 2002-660 NOTICE AND COMPLAINT STEPHANIE L. LANDIS, ANDRE M. COLLINS and PAUL E. BENFER AFFIDAVIT OF SERVICE AND NOW, February 19, 2002 1 Bonnie Bowersox, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that on February 15, 2002, at 2:55 P.M. served a copy of the above described Notice and Complaint, upon Paul E. Benfer, named defendant, by personally handing to Paul E. Benfer, himself at the Snyder County Sheriffs Office, 12 South Main Street, Middleburg, Snyder County, Pennsylvania, a true and correct copy of the above described Notice and Complaint and made know to Paul E. Benfer the contents of the same. JOSEPH REIGLE, JR., SHERIFF SNYDER COUNTY, PENNSYLVANIA DEPU'T~ BONNIE BOWERSOX /' DEPUTATION BY: SHERIFF OF CUMBERLAND COUN'I~, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $18.00 Mileage 4.00 Notmy 3.00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER SS: DAY OF_~ ]~,.~9 ,2002 ~/I~OTHON~.~AR~! DEPOSIT :$50.00 RECEIPT 88865 REFUND:S25.00 CHECK# TOTAL: $ 25.00 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK #