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Home My WebLink About13-1627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS & TRADERS No. �3,, f l fja7 014 TRUST COMPANY, Plaintiff, sl. V. r` -7- .,..., .rte f -- MYRON F. GOLDEN,' ?` �R Defendant. C .� � r 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 ore 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 f#il 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 claims or rel�ef 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 ISO 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 FITZPATRICK LENTZ BUBBA, P.C. BY: Gretch L. deisser ID #311907 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034 -0219 (610) 797 -9000 Attorneys for Plaintiff 3o a� �8� 317 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS & TRADERS No. TRUST COMPANY, Plaintiff, V. MYRON F. GOLDEN, Defendant. COMPLAINT Plaintiff, Manufacturers & Traders Trust Company, by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., files the following Complaint and in support thereof avers las follows: 1. Plaintiff, Manufacturers & Traders Trust Company ("M&7), is a financial institution lawfully doing business in the Commonwealth of Pennsylvania with an address ',of One Fountain Plaza, P.O. Box 4005, Buffalo, New York 14240. 2. Defendant, Myron F. Golden ( "Defendant "), is an adult individual with a last known address of 280 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvannia 17050. COUNT 3. M &T incorporates by reference Paragraphs 1 -2 above as though set forth more fully herein. 4. On or about November 28, 2007, Defendant entered into a certain Retail Installment Sale Contract with Faulkner Harrisburg, Inc. (the "Contract "), wherein Wilmington Trust financed Defendant's purchase of a 2008 Mercedes 500E (VIN WDDNG86X78A163941) (the "Vehicle "). A true and correct copy of the Contract is attached hereto, made part hereof, and marked as Exhibit "A." 5. Thereafter, M &T became the successor in interest to Wilmington Trust. 6. Pursuant to the Contract, Defendant agreed, among other things, to make monthly payments of principal and interest over a period of seven years 7. Defendant last made a payment in April, 2012. 8. Defendant defaulted on the Contract by failing to make the required monthly installment payments of principal and interest under the Contract. 9. Pursuant to the terms of the Contract, Defendant is in default, and therefore, M &T has declared this account to be immediately due and payable. 10. Also, pursuant to the terms of the Contract, Defendant agreed to pay costs of suit and reasonable attorneys' fees. 11. As a result of Defendant's default as aforesaid, and pursuant to the Contract, the M &T repossessed the Vehicle. 12. On or about October 12, 2012, the Vehicle was sold at auction according to law, resulting in a deficiency balance as set forth below. 13. On or about October 22, 2012, M &T provided Defendant with written notice of the sale of the Vehicle as collateral and the outstanding deficiency balance. A true and correct copy of the October 22, 2012 letter is attached hereto, made part hereof, and marked as Exhibit « 14. On February 25, 2013, demand was made on Defendant for payment pursuant'to the Contract. 15. Defendant has not responded to the demand and continues to wrongfully refuse to make payments. 16. After application of all payments made, as well as the amount recovered from the sale of the Vehicle, an itemized calculation of the amount due and owing to M &T by Defendant under the aforesaid Contract is as follows: Unpaid principal $51,601.92 Late fees 1,164.08 Interest (as of 3/21/13) 5,141.70 Court fees 103.75 Total amount of deficiency $58,011.45 (Plus further interest, [per diem rate is $14.14] and reasonable attorneys' fees and costs.) 17. Pursuant to the terms of the Contract, Defendant is liable for the deficiency balance of $58,011.45. 18. Pursuant to the terms of the Contract, Defendant is liable for costs of collection, including attorneys' fees. 19. M &T avers attorney's fees of $3,000.00 from the inception to presumed conclusion are per se reasonable under the circumstances. 20. Defendant has failed and refused to pay the said deficiency balance. WHEREFORE, Plaintiff Manufacturers & Traders Trust Company requests that judgment be entered in its favor and against Defendant, Myron F. Golden, in the amount of $61,011.45, plus further interest, attorney's fees and costs of suit. FITZPATRICK LENTZ BUBBA, P.C. Date: March 25, 2013 By: retchen eisser I.D. No. 311907 Attorneys for Plaintiff 4001 Schoolhouse Lane, P.O. Box 219 Center Valley, PA 18034 -0219 (610) 797 -9000 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANYINFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. VERIFICATION Michael E. Nowicki states that he is an Assistant Vice President at Manufacturers & Traders Trust Company, and that as such, he is authorized to make this verification on its behalf, and avers that the facts set forth in the within Complaint are true and correct to the best of his knowledge, information and belief and that he is making these statements subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: V f Michael E. Nowicki, Assistant Vice President Manufacturers & Traders Trust Company o y Q t IL 8ii8iQp fill P Wit. w In Ir I t t E ' 1 1L EII �i i • a ! a IL A ll ' v ■ � � � � www wwwwwww «w w w � � � � e� ON gal p C3 00 a Ing 1 t Gal a s w �. �. • r w r r wwwwr w w � l og Pit s i all bg Hi s its .: Im s $ i � �� i A fit a �,�� ;; • + iga$ j t �' # � i i- +s A #; i i# t# i � #� � #� � � ��# g � g• s �� s : jai # } # J I -AS rf it as I f ab lie s a � � iAe�� i� �3 #� �� S � �i� � i •# A � ��#! ' ii � � �� $7 �t = I t ; I fi EMS a �� l��f� i � ��it t�� as $' � e��3� �� ,E i• �Z� t �� a��s � $ (Page 1 of 1) •10%22x1012 MYRON P 0OLDEN 280 RIDOEM, RD A+ EMAXIMUR.O, PA 17050 RE: Nam: MYRON P GOLDEN Aaoount #: 10000137301882001 Collawal: 2008 Meracdes -Benz S Class Dew MYRON F GOLDEN: Please be adored that your repossessed collateral was sold at a private auction on 10!12x1012. Payoff prior to Auction Date: 81,069.82 AwdonProoeeds: 26,2W 00 Auction bgmw: 499.55 Repossession Bxpem:175.00 Total Amount Duvftfidencya 55,544.37 Future debits, ardits, dtarges, intwoot and expenses, if any, may affect the amount of the deficiency. You Wray be eligible to r4wribe the Total Amount Due into a new loan. Please contact me hmnedbdely to make sarang at for repayment of the reaming amount due. l if you fail to conted a immediately, your account may be referred to our Attorneys for legal awn. Failure to pay this amount will affect your Credit Rating and may result in a judgment against you or a lion may be phrAmi on aM property You may own. These procedures will suit m an additional expense to you If you have filed for relief under the United States Banhtmplcy code, please understand that this notice is gin to you as a rqjhumt of state law and is not an at6 mpt to collect a dobt. You okay call me at 1- 800 -724 -8644. Sinowely, AM WILLARD Craft Counselor EXHIBIT B SHERIFF'S OFFICE OF CUMBERLAND COU Ronny R Anderson nl-o-of oTi, Ti�� n01HOW", Sheriff 3 t 0 Jody S Smith I Chief Deputy C()UtAl"f Richard W Stewart c0POAti 0,L00 Solicitor f"OF TK SKRIFF mo,9111 Manufacturers and Traders Trust Company Case Number V& Myron F.Golden 2013-1627 I SHERIFF'S RETURN OF SERVICE 03/28/2013 Ronny R Anderson, Sheriff,being duly swom according to law,states he made diligent search and inquiry for the within named Defendant to wit: Myron F. Golden, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 280 Ridge Hill Road,Silver Spring Township, Mechanicsburg, PA 17050. Per current resident Anthony Golden defendant moved in December 2012,the Mechanicsburg Postmaster confirms that mail is delivered to the address given. SHERIFF COST: $43.00 SO ANSWERS, X April 09, 2013 RONtrY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MANUFACTURERS & TRADERS No. 13-1627 TRUST COMPANY, Plaintiff, 'tea V. 3 MYRON F. GOLDEN, cI c; Defendant. PRAECIPE TO REINSTATE } To the Prothonotary: Kindly reinstate the Complaint filed at the above docket number. FITZPATR CCK LEX& UBBA, P.C. Dated: April 18, 2013 By: Gretchen L. s I.D.No. 311907 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorneys for Plaintiff I.75 P o ATT4 �ba43 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 0 � LED-Ct•F.iG Sheriff J i _HE P POTHON`OTARY Jody S Smith 2013 MAY —3 PH -Z06 Chief Deputy Richard W Stewart w CUMBERLAND COUNTY Solicitor OP 5!CE C F THTSP5RIP: PENNSYLVANIA Manufacturers and Traders Trust Company Case Number vs. Myron F. Golden 2013-1627 SHERIFF'S RETURN OF SERVICE 05/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Myron F. Golden, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 6 Lynchburg Court, Silver Spring Township, Mechanicsburg, PA 17050. Per current resident the defendant has moved to 21215 Tyrell Way, Land O' Lakes, FL 34638. SHERIFF COST: $39.30 SO ANSWERS, May 01, 2013 RON R ANDERSON, SHERIFF (c)CcuntySuito Sheriff,Toleosofi,Inc. AFFIDAVIT 6F SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 13-1G27 Plaintiff: N| |0UUN|U Um /Vxmm MANUFACTURERS &TRADERS TRUST COMPANY u/ o c_ .c v a �� Defendants: Dafenda �� K0YRON F ��L�� ' �c For GretchenGeiaser Fitzpatrick Lentz & Bubba. P.C. �o 4OO1 Schoolhouse Lane Center Valley, PA 18034 -` Received by MERCURY SERVE, INC. on the 21st day of June, 2013 at 10:16 am to be served on MYRON F. GOLDEN, 21215TfRELL WAY, LAND O' LANES' Pasco County, FL3463a- \. Robert Daly, being duly sworn, depose and say that on the 3rd day of July, 2O13at 6:i5 pm, |: / INDIVIDUALLY served by delivering o true copy of the NOTICE AND COMPLAINT WITH EXHIBITS with the date and hour of service endorsed thereon by me, to: K8YRON F. GOLDEN at the address of: 21218TYRELLWAY, / LAND 0^ LAKES, Pasco County, FL 34630, and informed said person of the contents thenain, in compliance with state statutes. N1i|kory Status: Based upon inquiry of party oerved. Defendant is not in the military service of the United States of America. Marital Status: Based upon inquiry of party served, Defendant iemarried. Description of Person 8anx*d: Age: 52, Sex: N1, Race/Skin Color: 8|ack, Height: 6'11, Weight: 180. Hair: Black &{3ray. Blaooes: N | hereby certify that| am over the age of 18. | am not m party to this action and have no interest in the process being oenx»d. and | am a Private Process Server in good standing in the judicial circuit/county in which the process was served. Under penalty of perjury | declare that | have read the foregoing return of service and that the facts stated in it are true and correct. Notary not required pursuant toF.S. 02�525. Subscribed Ind Sworn to before me on the 9 day Robert Daly of who is PPS 9004 av� MERCURY SERVE, INC. 10D South Ashley Drive NOTA 113JUBLIC7 Suite 1235 Tampa, FL33GO2 ELIZABETH D,SHARRER (Q13) 223-54O0 MY COMMISSION#FF026888 Our Job Serial Number: rNS|-2O13DD515O EXPIRES August 24,2017 Ref: 5150 o"pyrigm@,e92-2v,,Database Services,Inc. Process Server's Toolbox vo.^° vi ;.A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW MANUFACTURERS &TRADERS No. 13-1627 TRUST COMPANY Plaintiff, V. MYRON F. GOLDEN, =rrl C= rtl--' - r— Defendant. o -<> cxs PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. I C-n TO THE PROTHONOTARY: c > 00 Please enter Judgment by Default in favor of Plaintiff and against Defendant for failing t6 file an answer or otherwise plead to the Complaint. The amount of the judgment is as follows: $61,011.45 Amount requested in Complaint 1,951.32 Interest(3/21/13-8/6/13) 167.30 Service fees 28.25 Additional Court fees $63,158.32 Kindly enter judgment in the amount of$63,158.32. (X) Pursuant to PaRCP 237.1, 1 hereby certify that notice to file this praecipe was mailed to the above-named Defendant on July 24, 2013 and copy of the 10 Day Notice, Certificate of Mailing and correspondence relating to same is attached hereto as Exhibit"A". Pursuant to PaRC? 237 (notice of praecipe for final judgment or decree), I hereby certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his Attorney of Record. Center Valley,Pennsylvania: August 6,2013 _5D I A- Aignatur f i in PartVy tv W Gretchen L. Geisser .-% 0 qlq� I. D.No. 311907 lztt- 4001 Schoolhouse Lane,P. O. Box 219 Center Valley, PA 18034-0219 (610)797-9000 Attorney for Plaintiff FITZPATRICK LENTZ & BUBBA ATTORNEYS AT LAW FITZPATRICK LENTZ&BUBBA,P.C.•4001 SCHOOLHOUSE LANE•00 BOX 219•CENTER VALLEY,PA 18034.0219 STABLER CORPORATE CENTER • PHONE: 610.797.9000 • FAX: 610-797-6663 wwwftlaw-COM Edward J.Lentz ggeiser@Rblaw.com 1927-2002 Joseph A.Fitzpatrick Jr. jem R Mondschein SpedW Counsel Fvrilt and Joseph A.Ikkba July 24,2013 matimorwiaw 0-&Parsee* Timothy achmKworth OfCotand hwkftw Property Law Douglas J.Smlk* Abertna Q Umtwir Myron F. Golden rdhleen K Mh OrGounwl Erril W Kantra U 21215 Tyrell Way Land OLakes,FL 34638 Joseph S.[YAmico,Jr.* Michad R Ne*dff RE: Manufacturers&Traders Trust Company v.Myron F.Golden Cumberland County C.C.P. Docket No. 13-1627 Catherine E.N.Durso lane P Loq Dear Mr. Golden: Erich J.Scho& Enclosed is a Notice of Intent to Enter Default Judgment against you in the above- captioned matter. Please read the Notice and give it your immediate attention. I BWTuk* James A.Bartholomew Very truly yc Jacob M.Rmano 11arbara Zichermant Gretchen L. Geisser Edward Hoffman,Jr.• GLG/qjc Anthony S.Rachuba N# Enclosure StemT Boll We are a law firm retained to collect a debt. This letter is an attempt to collect Joshua A.Gids a debt and any information obtained will be used far that purpose. Marie K McConnell* U.S.POSTAL SERVICE CERTIFICATE OF NIAIUNG Aft fee here In demos Thomas I Schlegel' MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE-POSTMASTER John P Rice Received Frorri; -4 qj C 4- Fitzp j�j Colin J.Keekt 'Rny 21() Gretchen L Ge'wer` Center Valley,PA 18034-0 p,LLEY One pi—of ordinary mall addressed to: tM.adad j,,WWY01k M F.Golden LU `Aho adir&ed in Newer 21215 Tyrell Way AF N Land'0 Lakes,FL 3463 0 9 ilo P$Form$817,January 2001 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION-LAW MANUFACTURERS &TRADERS No. 13-1627 TRUST COMPANY, Plaintiff, V. MYRON F.GOLDEN, Defendant. To: Myron F. Golden 21215 Tyrell Way Land O'Lakes,FL 34638 Date: July 24,2013 IMPORTANT NOTICE I YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY j LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 FTTZPATRICK E &BUBBA,P.C. By: tchen isser I.D.No. 1907 4001 Schoolhouse Lane,P.O. Box 219 Center Valley,PA 18034-0219 (610)797-9000 Attorney for Plaintiff EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MANUFACTURERS & TRADERS No. 13-1627 TRUST COMPANY, Plaintiff, V. MYRON F. GOLDEN, Defendant. TO: Myron F. Golden 21215 Tyrell Way Land O'Lakes, FL 34638 (X) Notice is given that judgment in the above-captioned matter has been entered against you in the amount of$63,158.32 on /3 ( ) Notice is given that a judgment by confession in the above-captioned matter has been entered against you in the amount of$ on (X) A copy of all documents filed with the Prothonotary - Civil Division in support of the within judgment is/are enclosed. Prothonot /Clerk Civil Div. BY: �o If you have any questions regarding this Notice, p ontac e i g party: NAME: Gretchen L. Geisser, Esq. ADDRESS: Fitzpatrick Lentz & Bubba, P.C. 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 TELEPHONE NO. (610) 797-9000 (This Notice is given in accordance with Pa.R.C.P. 236.)