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HomeMy WebLinkAbout02-2416WAYPOINT BANK, successor to Harris Savings Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DAVID A. SEIFERT and M. ANNAN SEIFERT Defendants 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, PA 17013 (717) 249-3166 / (800) 990-9108 Date: May 16, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By: Eu~on~~nsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, : successor to Harris Savings Bank : Plaintiff DAVID A. SEIFERT and M. ANNAN SEIFERT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. NOTIClA Le han demandado a usted en la corte. Si usted quiem defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente {20) dias de plazo al partir 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 escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte 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 peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 / (800) 990-9108 Date: May 16, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By: ~ E ky, Jr. Attorney I.D. ~.,~702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, successor to Harris Savings Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO. DAVID A. SEIFERT and M. ANNAN SEIFERT COMPLAINT Defendants 1. Plaintiff is Waypoint Bank, successor to Hards Savings Bank, a federal bank, with its principal office at 235 North Second Street, P.O. Box 1711, Harrisburg, Pennsylvania 17105. 2. Defendants David A. Seifert and M. Annan Seifert, are adult individuals living and residing at 48 West Keller Street, Mechanicsburg, Pennsylvania 17055. 3. Defendants, as buyers, entered into a Pennsylvania Motor Vehicle Installment Sale Contract with Freysinger Pontiac, Inc.. A true and correct copy of the said Pennsylvania Motor Vehicle Installment Sale Contract is attached hereto, made a part hereof and marked Exhibit A. 4. The Contract was subsequently assigned to Plaintiff. 5. Defendants defaulted in their obligations under the Contract, and the Vehicle was repossessed. 6. Subsequently, Plaintiff sold the Vehicle, leaving a deficiency balance owing in the amount of $6,293.29. 7. Despite Plaintiff's repeated demands, Defendants have failed and refused and continue to fail and refuse to pay the current balance owed to Plaintiff under the Contract. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $6,293.29, together with interest, attorneys' fees and costs of suit. Date: May 16, 2002 KEEFER WOOD ALLEN & RAHAL. LLP. Eugene ~°e~y, Jr. Attorney I.D. Iqo. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- The undersigned 1. 2. 3. , hereby veriflea and state~ that: of Harris Savings Bank. Plainliff herein: ($)He Is authoffze4 ~ make this Verification on it~ behalf; The fac~ set fi:~h In the foregoing Complaint am tree and con'e~ Io ~he best of (her)hl~ kn~dedge, Information and belief; and 4. (S)He Is aware thal false statement~ herein are rn~e subject to the penalties of 18 Pa. C.$. § 4904, relating to unswom fal$i~ceflon to authorities. Dated: FINANCE ~mount Financed PERCEN CHARGE amount of credit provided to you or on your behalf. The cost of ),our credit asThe dollar amount the a yearly rate. credit will cost you. 11456.86 9.50 % $ 2979.74 Your Payment Schedule will be: INc. of Payments Amount of Payments 60 ~ 240.6i ~ Payments The amount you Will have paid after you have made all scheduled payments. 14436.60 $ Total Sale Price The tote cost of your purchase on credit, including your downpayment of $_ 500.qo 14936.60 Security: You are giving a security interest in the motor vehicle being When Payments Are Due (~1 purchased. IMonihiy, beginning 09 / 21 O Prepayment: If you pay off early, you will not have to pay a penalty. Tiling Fees: $ ~ on 2% of the portion of the payment which is late for each month, or part Of a month greater than lO days, that it remains unpaid. Late Charge: B a payment is late; you will be charged See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment e means estimate refunds and penalties. In this Contract weare FREYSINGER PONTIAC INC the SELLER.. 6251 CARLISLE PIKE Address Name OAVID A SEIFERT 1'1. ANNAN SEIFERI' Youare 48 W KELLER ST MECHANICSBURG PA 17066 . the BUYER(S). _ Name(s) Address(es) Zip Cude(~) If tl~ere is more than one Buyer, each prommee, separately and together, to pay all sums due us and to perform all agreements in this Contract. TRABE-IN: You have traded in the following vehicle: Descriotmn IF YOU DO NOT MEET YOUR CONTRACT ffECHAN I C BURG, PA 17066 OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU Zip Code BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. Year and Make If a balance is still owing on the vehicle you have traded in the Seller will Day Off thru amount on your behalf. You warrant and represent to us that any trade-in is free from lien, claim, encumbrance or security interest, except as ShOWn in the Itemization ut AmoUnt Financed as the 'Lien Payoff.' . PROPERTY INSURANCE: Yod may choose the person through whom insurance is obtained against loss or damage to the Vehicle and agah,.t liability arising out of ~se or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. CREOIT INSURANCE IS NOT REQUIRED: Credit Life Insurance one Credit Disability Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(si. Please read the NOTICE OF PROPOSED CREDIT INSURANCE This Contract is between Seller and Buyer, All disclosures have been made by Seller. Seller intends to assign this Contract to the Assignee: Itemization of Amount Financed _ Cash Price $ 11206.00 Cash Oownpayment $ 500. O0 Trade-In Value of Trade-In s N/A Lien Payoff to: $ N/A_ on the reverse side. Your insurance certificate or oolict will tell you the MAXIMUM amount of insurance available. All insurance purchased will be for the term of the credit. By signing, you select Single Credil Ufo Insuraeee, What is your which costs $ N/A age? Signature of Buyer to be insured for Single Credit Life insurance By signing, you both soiect Joint What are Credit Life Insurance, which costs sN/A your ages? ]. Signatures of both Buyers to be nsured for Joint Credit .ifa Insurance Years By smgning, you select Single Credi~ent & What is your ~ealth Insurance, which costs $ "-- age? Years Signature of Buyer to be insured for Single Credit Accident ~, Health Insm mag. By signing, you boB' select Joint Credit I~ / ^ What are Percentage Accident & Health Insurance. which costs] / r~ 'four ages? to be insured Signatures of both Buyers to be insured Ior Joint Credit Accident & Health Insurance Unpaid Cash Price Balance $ 10706. O0 fo Credit Insurance Company N/A To Public Officials for: s and Registration $ 58.60 Lien Fee 5.00 N/A $ 40,00 T. FA IIHF lAX SHERIFF'S RETURN ~ CAS~ NO: 2002-02416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS SEIFERT DAVID A ET AL - REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIFERT DAVID A the DEFENDANT , at 1105:00 HOURS, on the 31st day of May at 12A SOUTH MARKET , 2002 MECHANICSBURG, PA 17055 by handing to POkY E NASS JR DAVID'S STEP FATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /# ~ day of / /Prothonotary So Answers: R. Thomas Kline 06/03/2002 KEEFER WOOD ALLEN RA}IAL By: ~ Deputy Sheriff SHERIFF'S RETURN - £AS~ NO: 2002-02416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS SEIFERT DAVID A ET AL REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIFERT M AAINAN the DEFENDANT , at 1117:00 HOURS, at 107 ORCHARD STREET MECHANICSBURG, PA 17055 MAN-NAN SEIFERT on the 31st day of May , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~ day of ~ ~1~_~ A.D. Pr6thonotary So Answers: R. Thomas Kline 06/03/2002 KEEFER WOOD ALLEN RAIiAL Deputy Sheriff'