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Home My WebLink About02-2745IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/d/b/a YORK BANK and TRUST COMPANY, Plaintiff VS. VINCENT A. BUBNIS, JR. Defendant NO. 02 -- CIVIL ACTION-LAW JURY TRIAL DEMANDED TO: Vincent A. Bubnis, Jr. 615 Herrin Lane Enola, PA 17025 NOTICE TO DEFEND 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. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, Pennsylvania 17013 Telephone No: (717) 240-6200 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: suK~Sp eTl A. GOHN, ESQUIRE me Court I.D. #84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-02745 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS BUBNIS VINCENT A JR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BUBNIS VINCENT A JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BUBNIS VINCENT A JR PER POST OFFICE, DEFT MOVED AND LEFT NO FORWARDING. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 I~. Thomas Kline Sheriff of Cumberland County GRIFFITH STRICKLER LERMAN 06/13/2002 Sworn and subscribed to before me this /?~ day of~, ~- A.D. Prdthonotary / i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/d/b/a YORK BANK and TRUST COMPANY, Plaintiff VS. VINCENT A. BUBNIS, JR. Defendant NO. 01 - ..,27q~ CIVIL ACTION-LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar eomparecencia escrita en persona o por abogado y presentar en la Corte pot eserito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification pot cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 4t~ Floor Carlisle, Pennsylvania 17013 Telephone No: (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/d/b/a YORK BANK and TRUST COMPANY, Plaintiff VS. VINCENT A. BUBNIS, JR. Defendant NO. 03 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMI~LAINT AND NOW, TO WIT, this-~( day of /~4%t~ ,2002, comes the Plaintiff, AllFirst Bank ! f/d/b/a York Bank & Trust Company, by and through its attorneys, KRISTI A. GOHN, ESQUIRE, and GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files this its Complaint against the Defendant, Vincent A. Bubnis, Jr., and in support thereof states as follows: 1. The Plaintiff, AllFirst Bank, is a federally chartered bank duly authorized to do business within the Commonwealth of Pennsylvania, whose business address is P.O. Box 17103, Baltimore, Maryland 21203. 2. The Defendant, Vincent A. Bubnis, Jr., is an adult individual residing at 615 Herrin Lane, Enola, Cumberland County, Pennsylvania 17025. 3. On or about March 13, 1997, the Defendant executed Motor Vehicle Installment Sale Contract for a 1995 Nissan Pickup Truck VIN # 1N6HD16Y9SC324301. Pursuant to the terms of the contract, Francis For Fords, Inc., assigned the contract to the York Bank and Trust Company. A true and correct copy of the Motor Vehicle Installment Sales Contract is attached hereto, made a part hereof and marked as Exhibit "A." 4. Subsequently, the Commonwealth of Pennsylvania, Department of Transportation issued a Certificate of Title for said 1995 Nissan illustrating York Bank and Trust Company as first lienholder of the vehicle. A true and correct copy of the Certificate of Title is attached hereto, made a part hereof and marked as Exhibit "B". 5. The Defendant tendered payments to the Plaintiff and Plaintiff has credited the Defendant's account in the amount of tendered payments. 6. On or about July 18, 1998, the Defendant defaulted on the Motor Vehicle Installment Sale Contract by failing to remit monthly payments to the Plaintiff, thereby rendering the full amount due thereunder, immediately due and payable. 7. On or about October 27, 1998, Plaintiff repossessed the 1995 Nissan Pickup Truck from Defendant, Vincent A. Bubnis, Jr., and three days later, Plaintiff provided Defendant with a Notice of Repossession. A true and correct copy of said Notice of Repossession is attached hereto as Exhibit "C" and made a part hereof as though set forth at length. 8. Subsequently, on or about September 23, 1999, the 1995 Nissan Pickup Truck was sold at BCS America Car and Truck Auction and Plaintiff, AllFirst Bank, received gross payment for the sale of the subject automobile in the amount of $5,500.00. 9. On or about October 15, 1999, Plaintiff, AllFirst Bank, provided Defendant, Vincent A. Bubnis, Jr., with a Notice of Sale and Deficient Balance. A true and correct copy of that Notice is attached hereto as Exhibit "D" and made a part hereof as though set forth at length. 10. As of October 15, 1999, Defendant, Vincent A. Bubnis, Jr., remained owing a principal balance of $7,224.92 to Plaintiff, AllFirst Bank. 11. Pursuant to the terms and conditions of the Motor Vehicle Installment Sale Contract, Defendant remains due and owing to Plaintiff interest at the rate of eleven and 25/100 percent (11.25%) in the total sum of One Thousand Eight Hundred Eighty-nine and 51/100 Dollars ($1,889.51) as of April 30, 2002, and interest continues to accrue. 12. Pursuant to the terms and conditions of the Motor Vehicle Installment Sale Contract, Defendant remains due and owing to Plaintiff reasonable attorney's fees in the amount of One Thousand Eight Hundred Six and 23/100 Dollars ($1,806.23). 13. Plaintiff, AllFirst Bank, has demanded payment of Defendant, Vincent A. Bubnis, Jr., but said Defendant has refused and continues to refuse to pay the same or any part thereof. 14. The amount in controversy herein requires mandatory reference to Arbitration. WHEREFORE, Plaintiff, AllFirst Bank, respectfully demands judgment against the Defendant, Rose Spinelli, for the sum of Ten Thousand Nine Hundred Thirty and 66/100 Dollars ($10,930.66) together with interest, reasonable attorney's fees and costs of suit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS By: Kl~p;l'I A. GOHN, ESQUIRE Supreme Court I.D. #84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 F:\WPDOC\Kag\alIfirst~BUBNI S.CMP.WPD ANNUAL FINANCE AmOLMt T~nce~ Total of Plymefl~ Total ~le Price ~S. 3300.00 11.25 $ 3607.60 14301 .~.0 21208.80 i,~bnt~e FRMCES FOR FORDS ERC tha~in~,,:eiacY~hit~vae~din 84 CHEVROLE $-10 BLAZER LZ.8,0~O-~OO~ N/A -I PROTECTIVE L~FE INSURANCE COItPARY 16507.20 ECO.O0 2800.00 13207.20 Dar NOTICE TO BUYER--CO NeT SiON THIS CONTRACT IN BLANK, YOU ARE ENTlITEO TO AN EXACT COPY O~ THE CONTRACT YOU SIGN, NKP IT TO PROT~T¥OUR LEGAL RIGHrS. ~pT~ CQ-QWN~. A~ A~P~ ACKNOWleDgE RECEIPT OF A COMPLETED COPY OF TH S CONTRA~ COUNTY [~EPARTMENT OF TRANSPORTATION CERTIFICATE OF TITLE FOR A VEHICLE 9~,7'78 ............... 970970060001634-001 a,~~JTOs:.' :- ~, :,~-~ s :1 ~"~Tp?:~' ~:: ?~~~J~: EN 'A'BU NIS JR ~ f2' COLLEGE HILL -~ ~ =. BANK & TR~UST CO ~ YORK BA~ g TRUST CO 1~23 N GEORGE ST YORK PA 1Tq04 UEN DATE: j o.~c.o~ [] 1-800-338-4728 · THE YORK BANK A First Maryland Bank P. O Box 17292 Baltimore, MD 21203 October 30, 1998 Vincent A. Bubnis Jr. 4232 Society Court #B Harrisburg, PA 17109 ACCOUNT #: 147215 Dear Mr. Bubnis: Pursuant to Article 9 of the Uniform Commercial Code, effective July 1, 1954, you are hereby notified that the 1995 Nissan P/U, serial number 1N6HD16Y9SC324301, has been repossessed because of default of monthly installment payments due 7/18/98, 8/18/98, 9/18/98 & 10/18/98. You may redeem said motor vehicle by payment in cash at the COLLECTION DEPARTMENT of THE YORK BANK AND TRUST COMPANY, 1123 North George Street, York, Pennsylvania, on or before 3 p.m. 11-14-98, (15 days after date of personal delivery or mailing notice by U. S. Certified Mail) of the following amounts: Gross Payoff Late Charges Miscellaneous Charge (Unavailable) Storage Fee Repossession Fee $12,285.14 $39.19 $0.00 $10.00 (per day-estimate) $275.00 (estimate) NET PAYOFF amount payable to redeem motor vehicle $1.794.17, plus any additional cost of the repossession This vehicle is stored at: Whitcomb Recovery, P.O. Box 10135, Harrisburg, PA 17105. Payment shall be made to or notices be served upon person signing this notice at the address shown above. REDEMPTION must be coordinated with the COLLECTION DEPARTMENT to insure proper credit. If said .motor vehicle is not redeemed in accordance with the terms 6f this Notice, the undersigned will sell, the Motor Vehicle in accordance with Article 9, Section %502, of the Uniform Commercial Code after the expiration of fifteen (15) days from the date of personal delivery or mailing of this Notice. Any personal possessions must be picked at Whitcomb Recovery, P.O. Box 10135, Harrisburg, PA 17105. All unclaimed possessions will be disposed of without further notification. R. Camper Installment Loan Collections Via: iS~E~NDER: ~ · The RMum R~ wlU ~. [~G~__u? rmLql~ -Z 538 &64 272 US Postal Sen/ice Receipt for CertifiEd Mail No Insurance Covem~ =rovfded. [] E~press Mall [] I~1 i 3 ~emmRaca~ [] COD ,Date of ~lve~ ~ Ps Fo~ 381 19~ allfirst AIIfirst Bank Trial{ Code: 501-3413 RO. Box 17292 Baltimore. MD 21203 October 15, 1999 Vincent A Bubnis Jr 4232 Society Park Court #B Harrisburg, PA 17109 RE: Acct #14-7215 Dear M' Bubnis: On 10/27/98, we repossessed your vehicle. We have sold the 1995 Nissan PFO for $5500.00, and there is now a deficiency of $7224.92 which you are obligated to pay within ten (10) days. The mount owed may vary depending on the receipt of expenses or rebates. In the event you are unable to liquidate this deficiency as requested, please call me at 1- 800-338-4728, immediately to discuss a repayment schedule. This repossession and outstanding debt may harm your credit rating and effect your ability to obtain credit in the future. Your cooperation to clear this obligation will be of mutual benefit to you and to the bank. Sincerely, John Hill Consumer Loan Recovery ~66glpdV'OOggUuo~ Sd ~I I~C~~ ~"~ GCOSS Pr~e~s of Sale NET ?R~EDS OF S~ (10 - 11.1l ~ 13) (!~)DEFiCiLN~ 3~Ci-fo~ ~'bich you September 29, 1998 Vincent A Bubnis JR 4232 Society Park Court ~lb Harrisburg, PA 17109 Account Number: 00-0000-0014-7215 Collateral: 1995 Nissan P/u Serial Number: #]n6hd16ygsc324301 Agreement Type: Date of Agreement: 03/13/97 Installment Due: 07/18, 08/18, 09/18/98 Amount of Default: $1,128.61 Amount l~nanced: $14,301.20 Dear Vincent A Bubnis JR: You are in default under your Agreement with us which is described above. Unless you make your overdue payments and cure any other default described below, within fifteen (15) days from the date of this notice, we will repossess the collateral described above. Your default consists of: (x) FAILURE TO MAKE PAYMENTS. ( ) Failure to perform the following in accordance with the terms of the agreement described above: If the collateral is repossessed, then you will have the following rights: (1) to get the collateral back ("redeem it") for a limited period of time by paying all amounts then due under the Agreement at the time you redeem the collateral, by paying the actual and reasonable expenses of retaldng and storing the collateral, and by performing any promise which you have failed to keep and which is described above; Page 2 (2) to redeem the collateral at any time before we sell it by paying all amounts which you owe us under your Agreement; (3) to have the collateral sold at a public sale and to be sent a notice concerning a sale of the collateral at least ten (10) days before the sale, if you do not redeem the collateral; (4) to be sent a statement showing the distribution of the proceeds of such sale; and (5) to any surplus if we sell the collateral for more than you owe us under the Agreement (you will owe us any deficiency if we sell the collateral for less than you owe us, unless the amount financed was $2,000 or less). Your payment should be del~vgr, e~ tO our Collection Department at P.O. Box 17292, Baltimore, MD 21203, or you should contact our Collection Depariment to make suitable payment arrangements using the phone number listed below our letterhead. John Hill Collection Department koamlOS, ltr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/d/b/a YORK BANK and TRUST COMPANY, Plaintiff VS. VINCENT A. BUBNIS, JR. Defendant NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED VERIFICATION I do hereby verify that the facts set forth in the foregoing pleading are tree to the best of our knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. ALLFIRST BANK- K.A.Shelalis f K.A. Shelalis TITLE: DATED: F:\WPDOCLKag\aIIfirst\BUBNIS.CMP.WPD Retail Banking Officer 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLFIRST BANK, f/d/b/a YORK BANK AND TRUST COMPANY Plaintiff(s) No. 02-2745 VS. PRAECIPE TO DISCONTiNUE WITHOUT PREJUDICE VINCENT A. BUBNIS JR. Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE PA ID#36228 MARLENE J. BERNSTEIN, ESQUIRE PA ID#4357.4 Bemstein Law Finn, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DI/~L: (412) 456-8100 BERNSTEIN FILE NO. R0048029 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLFIRST BANK, f/d/b/a YORK BANK AND TRUST COMPANY Plaintiff VS. ViNCENT A. BUBNIS JR. Civil Action No. 02-2745 Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Discontinue without prejudice the above-captioned malter upon the records of the Court and mark the costs paid. BEILNSTE~ FIRM, P.C. By: ~/~ Attorneys for Plaimiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO: R0048029 Sworn to and subscribed before me this 13~41 dayof ,~t~J~/ ,2004 Notary Public CO 4 O W .L_TH Member, ~ylvan/a A~8oc'/atlon Of Notables