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HomeMy WebLinkAbout02-3830IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND VS. SALLY A. GETHOUAS Plaintiff : ; : Defendant : CIVIL ACTION-LAW JURY TRIAL DEMANDED TO: SALLY A. GETHOUAS 2925 DICKISON AVENUE CAMP HILL, PENNSYLVANIA 17011 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 m/~y 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 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: KRIS~-A. GOI-E;q, ESQUIRE Supreme Court I.D. #84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito 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 notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion 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 ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a FIRST NATIONAL . BANK OF MARYLAND VS. SALLY A. GETHOUAS Plaintiff : Defendant : CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT Bank f/k/a First National Bank of Maryland, by and through its attorneys, KRISTI A. GOHN, ESQUIRE, and GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files this, its Complaint against the Defendant, Sally A. Gethouas, 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, Sally A. Gethouas, is an adult individual residing at 2925 Dickison Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about May 10, 1999, Defendant, Sally A. Gethouas, executed a Closed End Motor Vehicle Lease Agreement with Plaintiff, thereby agreeing to abide by thc terms and conditions contained therein, in order to lease a 1999 Ford F-150 Truck, with a Vehicle Identification Number of 1FTRX17W3XN838082. A true and correct copy of the Closed End Motor Vehicle Lease Agreement is attached hereto as Exhibit "A' and incorporated herein as though set forth at length. 4. Subsequent thereto, a Certificate of Title was issued by the Commonwealth of Pennsylvania, Department of Transportation, naming First National Bank of Maryland as owner and Defendant, Sally A. Gethouas, as Lessee of the aforementioned vehicle. A tree and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and made a part hereof as though set forth at length. 5. Between May 10, 1999 and April 10, 2000, Defendant, Sally A. Gethouas, forwarded payments to the Plaintiff, AllFirst Bank, pursuant to the subject Closed End Motor Vehicle Lease Agreement. 6. Between May 10, 1999 and April 10, 2000, Plaintiff, AllFirst Bank, has credited said Defendant's account for those payments that were received from her. 7. On or about May 10, 2000, Defendant, Sally A. Gethouas, defaulted on the terms of the subject Closed End Motor Vehicle Lease Agreement by failing to remit to Plaintiff, AllFirst Bank, her required monthly payment of $346.45. 8. On or about August 14, 2000, Plaintiff repossessed the 1999 Ford F-150 Truck from Defendant, Sally A. Gethouas, and 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. 9. On or about September 14, 2000, the 1999 Ford F-150 Truck was put up for auction at Belair Auto Auction, and Plaintiff, AllFirst Bank, received a bid and gross payment for the sale of the subject automobile in the amount of $15,800.00. 10. Pursuant to the terms and conditions of the subject Closed End Motor Vehicle Lease Agreement, the auction fee in the amount of $75.00 and reconditioning fee in the amount of $495.00 were subtracted from the gross sales price, thus, the net amount remitted to Plaintiff, AllFirst Bank, was $15,230.00. A true and correct copy of the Auction Invoice is attached hereto as Exhibit "D" and made a part hereof as though set forth at length. 11. On or about November 14, 2000, Plaintiff, AllFirst Bank, provided Defendant, Sally A. Gethouas, with Notice of Sale and Deficient Balance. A true and correct copy of that Notice is attached hereto as Exhibit "E" and made a part hereof as though set forth at length. 12. As of September 22, 2000, Defendant, Sally A. Gethouas, remained owing a principal balance of $10,496.41 to Plaintiff, AllFirst Bank. 13. Pursuant to the terms and conditions of the Closed End Motor Vehicle Lease Agreement, Defendant, Sally A. Gethouas, remains due and owing to Plaintiff reasonable attorney's fees in the amount of Two Thousand Six Hundred Twenty-four and 10/100 Dollars ($2,624.10). 14. Plaintiff, AllFirst Bank, has demanded payment of Defendant, Sally A. Gethouas, but said Defendant has refused and continues to refuse to pay the same or any part thereof. 15. The amount in controversy herein requires mandatory reference to Arbitration. WHEREFORE, Plaintiff, AllFirst Bank, respectfully demands judgment against the Defendant, Sally A. Gethouas, for the sum of Thirteen Thousand One Hundred Twenty and 51/100 Dollars ($13,120.51) together with interest, reasonable attorney's fees and costs of suit. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: KR~I A. GOHN, ESQUIRE Supreine Court I.D. #84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 ~ E SNITH FORD ~NC I ~ALLY A GETHOUAS "~ ~2TH AND MARKET STREETS [ 2'925 DICKINSON AVE ~*, *.. oo ; ~/~ i'"' ',.~. ,~. YOU DO NOT MEET YOUR O~UGATION$ UNDER 11411 ~ WE MAY RETAI~ THE VEHICLE, OTICE TO THE L~-~E: YOU HAVE HO O~NERSHIP HIGHT$ IN THE VEHICLE UNLESS AND UNTIL YOU E~f£tCIBE YOUR OPTION TO PURCHASE HE VEHICLE. DO NOT SIGN THIS LEASE HEFCOE YOU RF~D BOTH SLOES Of IT O~ IF IT CONTAINS ~NY HEANK SPACE TO BE FILLED IN. YOU ARE NTITLFO TO A COMPLETSLY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGH IT. BY SIGNING THE LF..ASE, TOU ACKNOWLEDGE THAT WU HAVE ECEIVEU ANO READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNlflG IT all rst Sally Gethouas 2925 Dickinson Ave Camp Hill, PA 17011 NOTICE OF REPOSSESSION August 17, 2000 Allfirst Bank Mail Code: 501-340 EO. Box 17292 Baltimore, MD 21203 RE: Account #: 9000018143 Due Date: 5/10/00 Collateral: 1999 Ford Fl50 Serial #: IFTRX17W3XNB38082 You are hereby notified that the above mentioned motor vehicle or other collateral has been repossessed because of a default in payment or performance of your contract. You may redeem it within fifteen (15) days fi.om the date of this letter by paying in cash or certified funds the amount shown below. Total Payments Due Repossession Expenses $425.00 Cost of Repairing(If Applicable) $ 0.00 Other Costs $103.92 Total Additional Costs Total Amount payable due to the Bank $1306.16 $ 528.92 $1835.08 Any additional payments which become due between the date of this letter and the date your redeem the collateral must also be satisfied prior to redemption. The collateral is stored at: Richard & Asso., 3999 Spring Rd, Shermansdale, PA Storage charges will accrue daily and must be paid at the time the collateral is redeemed. The daily rote is: $10.00. If said motor vehicle or other collateral is not redeemed the bank will resell it at the expiration of fifteen (15) fi.om the date of personal delivery or mailing of this notice. Public sale will take place on or after the expiration date of this notice. In accordance with the Uniform Commercial Code, the Motor Vehicle Sales Finance Act and/or your contract, you will be responsible for any loss sustained by the bank. Any personal belongings left in the collateral must be redeemed by you within e ofl will be disposed of accordingly. BSC America 803 Bel Air Rd Bel Air, MD 21014 1-800-764-7400 Nancy Lucus BSC America Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Po~tage & Fees r~ tName (Please Print Clearly) (To be completed by mailer) '~i;~';i,7~[,'Ci~7, 37Fb"~;;~'. ........................................................ BELAIR AUTO AUCTION '803 BELAIR ROAD BEL AIR MD 21014 (410) 87~-7950 3NIVERSAL KEY 2000-037-35-0020 CK# 724635 INV# 923299 WO# LEASE ACCT# 900001 8143 DATE SOLD 9/14/2000 DATE RECEIVED 9/01 /2000 219227 GETHOUAS ALL FIRST 499 MITCHELL ROAD MILLSBORO, DE 19966 ~999 FORD TRUCK F150 LIC# 2PUT BLUE 8G 16 11:09:19 21152 1FTRX17W3XNB38082 LNE WO# SALE PRICE SELLING FEE REC©N CHARGES TOTAL CHARGES 75.00 495.00 NET AMOUNT OF CHECK WRITTEN SUBLET NAME EXPLANATION 36 219227 50 219227 PUBLIC 53 219227 PUBLIC FULL CLEANUP PAYOUT TRANSPORTATION AVT 15,800.00 ( 570.00) 15,230.00 AMOUNT 75.00 275.00 145.00 TOTAL RECON CHARGES 495.00 allfirst November 14, 2000 Allfirst Bank Mai] Code: 501-340 P.O. Box 17292 Baltimore, MD 21203 Sally Gethouas 2925 Dickinson Avenue Camp Hill, PA 17011 RE: Acct # 9000018143 Collateral: 1999 Ford Fl50 Super Dated: 8/14/00 Dear Sally Gethoua~: This is to infonu you that a disposition of the above-described leased vehicle has been accomplished. Under the provisions of your lease, the final accounting of the amounts due is as follows: Plus: (1) Unpaid Lease Balance (2) Unpaid Charges Due Under the Lease (3) Repossession Costs (4) Te. ldnation Fees & Taxes (5) Net Adjustments Specified by Contract (+or-) TOTAL DUE ON LEASE LESS AMOUNT REALIZED: (6) Sale Price/Fair Market Value (7) Security Deposit (8) Deficiency Balance Due - Pay this Amount (9) Surplus Balance - Check Enclosed $16,976.05 $1,215.24 $695.00 $199.95 $7,410.17 $15,800.00 $o.oo $10,696.41 $0.0o Payment of the deficiency balance should be delivered to the Allfirst Bank, PO Box 17103, Baltimore, MD 21203, attn: Asset Recovery Department. Sincerely, Asset Recovery Department 1-800-338-4728 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND VS. SALLY A. GETHOUAS Plaintiff Defendant NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED VERIFICATION I do hereby verify that the facts set forth in the foregoing pleading are true 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 DATED: TITLE: Retail Banking Officer Kag/allfirst/gethouascomplaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/b/a FIRST NATIONAL BANK OF MARYLAND Plaintiff VS. SALLY A. GETHOUAS Defendant Civil Action - Law No. 02-3830 CERTIFICATE OF SERVICE AND NOW, this ~fA' day of September 2002, I, Kristi A. Gohn, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date served a copy of the NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT by United States Mail, addressed to the party or attorney of record as follows: SALLY A. GETHOUAS 2925 DICKISON AVENUE CAMP HILL, PENNSYLVANIA 17011 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: KI~;g['I'A. GOHN, ESQUIRE Supreme Court I.D. #84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/b/a FIRST NATIONAL BANK OF MARYLAND Plaintiff VS. SALLY A. GETHOUAS Defendant Civil Action - Law No. 02-3830 NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: SALLY A. GETHOUAS 2925 DICKISON AVENUE CAMP I-Ill,L, PA 17011 DATE OF NOTICE: September 6, 2002 IMPORTANT NOTICE: 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 ~UDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BY: GRIFFITH, STRICKLEIL LERMAN, SOLYMOS & CALKINS r m fi ao iN, ESQCaRE Attorney for Plaintiff Supreme Court I.D. #84738 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SHERIFF'S RETURN - REGULAR CASE NO: 2002-03830 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK FKA FIRST NATION VS GETHOUAs SALLY A JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served upon GETHOUAS SALLY A DEFENDANT , at 1813:00 HOURS, at 2925 DICKISON AVENUE on the ~3t~ day of A__Ugus~tt the __ _, 2002 CAMp HILL, PA 17011 SALLY GETHOUAS 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 Service Affidavit Surcharge 18.00 9.66 .00 10.00 .00 37~66-- Sworn and Subscribed to before me this ~2~_ day of _~ ~2 ~ A.D. So Answers: R. Thomas Klin~ 08/14/2002 GRIFFITH STRICKLER LERMAN SOL By: ~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK ffd/b/a FIRST NATIONAL BANK OF MARYLAND Plaintiff SALLY A. GETHOUAS Defendant NO: (2>2- 3P~ CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTER JUDGMENT in the above case for failure to file an Answer to Plaintiff's Complaint against Defendant, Sally A. Gethouas in favor of Plaintiff, Allfirst Bank f/k/a FMB Bank f/d/b/a First National Bank of Maryland in the sum of $13,120.51 together with interest plus costs of suit Total: $13,120.51 with interest plus costs of suit I hereby certify that the attached Notice of Intention To Enter Default Judgment is a true and correct copy of the original Notice of Intention To Enter Default Judgment that was mailed to the Defendant, on the 6th day of September, 1999, pursuant to Pa.R.C.P. 237.1. ~e__ ,2o tenor of the above statement. Attgr~ey for Plaintiff KRiSTI A. GOHN, ESQUIRE · 2002 Judgment entered by the Prothonotary this day according to the Cumberland County Proth-onot~] IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/d/b/a FIRST NATIONAL BANK OF MARYLAND Plaintiff V SALLY A. GETHOUAS Defendant NO: CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: ( X ) Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you in the 0~ount of $13,120.51 plus interest, costs of suit and attorney's fees on ~ Oc~_C~__ ~~ ,2002 ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. If you have any questions regarding this Notice, please contact the filing party: NAME: KRISTI A. GOHN, ESQUIRE ADDRESS: 110 South Northern Way York, Pennsylvania 17403 TELEPHONE NO: (717) 757-7602 (This Notice is given in accordance with Pa.R.C.P.236) Notice sent to: Sally A. Gethouas 2925 Dickison Avenue Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/d/b/a FIRST NATIONAL BANK OF MARYLAND Plaintiff SALLY A. GETHOUAS Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : COUNTy OF YORK · SS Kristi A. Gohn, Esquire, being duly sworn according to law, deposes and says that she is counsel for, Plaintiff, in the above-captioned matter; that she personally knows the Defendant, Sally A. Gethouas is over the age of 18 years; and that she resides at 2925 Dickison Avenue, Camp Hill, Pennsylvania 17011; and that she is employed as an unkn____own at unknown located at unknown. Kristi A. Gohn, Esquire, further avers that Defendant is not in the Military Service or in any branch of the Armed Forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. Sworn to and subscr,~ed b e~ f..~.f~,..rn e t,,hi s My Commission Expires: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY ' IRE Suprerhe Court I.D. # 84738 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 IN THE COURT OF COIvEMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/b/a FIRST NATIONAL BANK OF MARYLAND Plaintiff VS. SALLY A. GETHOUAS Defendant : Civil Action- Law : : : No. 02-3830 : . : NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: SALLY A. GETHOUAS 2925 DICKISON AVENUE CAMP HILL, PA 17011 DATE OF NOTICE: September 6, 2002 IMPORTANT NOTICE: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER ~-_~TEN}(! APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH T~ x~ CO~3RT-< 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 LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717)240-6200 BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ~ugd~]:I A. GOHN, ESQUIRE Attorney for Plaintiff Supreme Court I.D. $$84738 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602