HomeMy WebLinkAbout07-1186• t
GREGG L. MORRIS, ESQ.
PATENAUDE & FELK A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
PA ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR )
CREDIT CO. )
Plaintiff, )
V. )
MARLIN R COMP AND )
LORETTA COMP, )
Defendant(s). )
NO. 01 /O
COMPLAINT IN CIVIL ACTION
Filed on behalf of.
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.,
Plaintiff,
V.
MARLIN R COMP AND )
LORETTA COMP, )
Defendant(s). )
NO.
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
LAWYER, BELOW. THIS
HAVE A LAWYER, GO OR TELEPHONE THE OFFICE SET
ABOUT HIRING FORTH
OFFICE CAN PROVIDE YOU WITH INFORMATION
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. OFFER
LEGAL SERVICES TO LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
IN THE COURT OF COMMPON PLEA LV S?AUMBERLAND COUNTY,
FORD CREDIT t/d/b/a FORD MOTOR j
CREDIT CO., ) NO. C5'T - f do(-
Plaintiff )
V. )
MARLIN R COMP AND LORETTA COMP j
Defendant(s). )
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., by and
through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE &
FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as
follows:
1. Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., is a corporation with
offices at 575 East Swedesford Road, Suite 100, Wayne, PA 19807.
2. Defendant is MARLIN R COMP , an adult individual, who is believed to currently
reside at 613 MARAGO RD , ENOLA, PA 17025.
3. Defendant is LORETTA COMP , an adult individual, who is believed to currently reside
at 613 MARAGO RD, ENOLA, PA 17025.
4. On or about January 10, 2005, the aforesaid Defendant(s) entered into a written
Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a
dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is
attached hereto, marked as Plaintiffs Exhibit "1" and incorporated by reference.
5. "Seller" thereafter assigned the Contract to Plaintiff, FORD CREDIT .
6. Pursuant to the terms of the Contract, Defendant(s) were to make 60 payments of
$333.47 commencing on February 24, 2005.
7. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of
all obligations provided thereunder.
8. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make
payments to Plaintiff as promised.
9. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate
the Contract.
10. After calculating early termination charges due to Plaintiff, Plaintiff avers that a
deficiency balance of $6,839.35 is due from Defendant(s) as of December 13, 2006.
11. Plaintiff avers that such attorney's fees will amount to $1,600.00.
12. Despite repeated request, Defendant(s) have willfully failed and /or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the
amount of $6,839.35, plus legal interest from the date of breach, reasonable attorney's fees in the
amount of $1,600.00 with continuing interest at the contract rate thereon from the date of Judgment
plus costs. The damages requested are less than the maximum amount for compulsory arbitration as
set by the Court.
Respectfully
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
??- --- DATE 01/10/2005
+ PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT jr'?CNANICS BURG
j and Address (?d°q ?nH and Bp Cods) =CO
IKE n
fir0 ? - MAGA?O ? SAN 1
613 I(pRPA17 A 11050 ('(
ENOLA PA 17025 bdawba.whPrb•dabvWo+e tlb
fsecrWw Wm for oaeh or on awdt• T'ho e b price- "urn on the tra s and back of Mb aontraol•
MMU
You, ab sayer land mm be, a+1 taw bad es, By ble a" -*aA ree cim" so bur on tdt Loft the epreeewrrb lies Fy Vatich Pocheees
RWaI ible prlee' Ybewr below is are ttndll fides, By or" OVW t Tuck Vehkb Idenleicatlon Number
personal p Aadoulbxr
PERCENTAGE CHARGE
The cost of your the credit oust You T
you or on Yaur
behaff
Ph::: Including your
2 of 22
00
208
48 _
.
s
Number
of Amount of Each Mmen Pw1°t"n
Palouse
via be. 1 final $
ne K Modal
Contract q p requke payment of yaudebt ink hdi bore 1heeafb fie'
if you m not meat your contract obtipatiat nrbrbY or goods f°'ed for the vabde.
NON• MODIFICATION DISCLOSURE
ce in wNinp and ,opted by ER• YOU a» Credaor.
Any chttge in thb mnbeN moat
IN I
BUYER: IONS
st?NS „e.r vnu HAVE READ ANC 6.Z?
FOCUS 1FAFP34N9S11197757 13 oa Nnerfa
m Yet end Males
ITEMQATION OF AMOUNT FINANCED
15513.00 (?)
s
1. Cash Price ._._---- _...--_-._
2. Dam Paymed
Credit or................ --.. S 2_ 000.00
to
Third Party Rebates Assigned $ 10
Cash own PsymOd........ __._._.-. -% - S___._---- $ ?-
Trads•In---- $ II/ AaoA+oaYa
..ww a rAw.
Al- $ 2000.00 (Z)
Total Down Paymsrft.._..-._._._._........._......_._._._...._._.. $
_ 13513.00 (s)
9. Unpaid Balance of Cash Prim (1 minus .dl_._on of two amounts)
4. Amowds paid an your behalf (SNler nay be retembtp • PO
To Insurance companies for S N/A
Credit, Life insurance (tor term of cordract) S NIA
insurance (tor term of oordrad_•-._._...
To PuMk Olflaleb (i]6 0? teae 68.50
76in (rat Cash pricak??=000000000« GAP t 5_ 50.00
for
YFROM A PERSON OF YOUR CHOICE.
YOU ARE NOT REQUIRED TO OBT
CREDIT LIFE, CREDIT DISABILITY
OTHER OPTIONAL
CONTRACT MALL NOT INCLUDE TI•
UNLESS YOU SIGN AND AGREE TO I
THE PREMIUM.
THIS CONTRACT DOES NOT INCU
LIABILITY INSURANCE COVERAGE
BODILY INJURY AND PROPI
DAMAGE CAUSED TO OTHERS.
Crsdit DfasbIMH fxm Nornhs (Estimate)] S-??
N/A ucensa la 10.00 i. tale a 22.50 t' 8
$ NIA Inwred(s)
registration 15--3b 5.00-
(B) for filing test i -•--- 903.98 $ 977.48
To }Or C_ T 920.00
To C E L F E i 55.00/ONLIN 94.00
To C for n S?
To N/n --ta N/A s 2541.48 (4)
Total ............. _. . $ 1654.48
Ari and Flnartced ( plus $ N/A
LENDING DISCLOSURES
FEDERAL TRUTH-IN
FlNANCE Amount Total Of Tote) PriSala
ANNUAL me
71 Fl,e amount Financed of The amount
on
mount The total COO Irchass RATE The dolor BmpuN crertil provided to of yota CFOM
cradry as a yeah rob ?.ymen a? do t
g !
_89 % is 3953.72 $ 16054.
was
nN Schedule )IN P am due
paymerttttdteduk T'9 = 02/24/2005)
-.?--
the Wh1Gt al Carla d loot, but not moo than Is
El Compertt+sNS E3 $ N /A Deduct
more
C3 Fxe• l7,ett•Combirted Additional Covsmge
Yrrlanl: if you pay on your debt eedy, You'trB not ro pay a ptbRYraceived
I.tM Paylrwtl: You must pry a Tate charge on the P016- Of each PaYnbrtt
[3 Towing and.L9pOt
than 10 days le ts. The charge is 2 percent Of the late amount or $50.00 vrhidbver is bas.
[3 Term N/ ?? tEstlmab)
gewrhy Irttaratt You are giving a seralrhy IMerast h the vehfde being Purchased. on I
Premium S
prepaymeN W^?Y•
lees the vsNds to you are rarendrw order the ?f°O'
es wN u DaN Part 8-4 goods Put ?s, withide and
Keep it to protect your legal rights. hat Buyer (and Co-B nad)Co-Buyer)dreceivt3<ltan ®rev ewsi nn e i a due
Do not sign this contract in blan of the contract you sign.
I You are entitled to an exact copy
cords Buyer iitied in copy of this contract and (1q at the
an comptetetY er
n ? (and Co-Buyer) race-Ted
time of s nin thi a Cordra this contract.
II a true an cramp y i. e '0' /D b below, ab tielbr aootpb Mb oornraou a ne otlrer
? ly?mlbain ttbelbd to tlft eolmact the odor aealpns n w
MCCAFfERTT FORD Of M S BUR
?p
6 BACt
FG 1ree1-w A+ Os Rye aBibr nrd M,MaI
PA
and
?CreditLNe N/Ansurer
Prtamtum
Signature
credo
? Disability NIA
Insurer
Premium Insured
Signature
? N/pO NIA
Oth __
er ptional insurance Term
N/A
N/A Insurer $ Premium
1 re
crfa Les and Credit owwf?r -Ilbur.nu .r.
?
Mr to ttm of use '"O
mt
aotteraaat am mom in b notka or egrtenl
given to you today.
YOU mutt hlttaa ? try bar CrdV= ?
thtewt ttafow tlta Wrin ?rraap?ptt?? wilO l? be?betadral ? Otth vWoi
the Wallis of dtt pdky
SAN
No in tlb Nbolted Addendwrt what is trarPorabd
to Iterttbedon
In a tepamta
9
Visit us at w ? c?editeom
roRADptnpNAL A6REEMENfB
l?° ?l
??7D/abt Ctaalbaarr Wahw Addre'a s
fl IM• bwc b dtacaed You n ?ate?a
eartcelletion weber. pu,dtaee d• this
' to
a?nd?oond is not tln dot artaeessn r++^'arNs eM ,
Into this coMraot The ?e for the debt eateatabO^
waiver is sN font on Fhk ohm 4.
of Angrxd gry?ed onder section 4.
I
Program No. QUESTIONS?
PLEASE CALL US AT 14800.727-7000
o
ORIGINAL
VERIFICATION
The undersigned is an authorized agent of the Plaintiff and verifies that the facts and
statements made herein are true and correct based upon my knowledge, information and
belief, and are based upon and have been obtained from a review of the facts and
information contained in the business records of the Plaintiff supplied to us by Plaintiff.
Counsel has signed the verification as a matter of time and convenience. The verification
of the party will be provided if requested. The statements are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: February 24, 2007
213 E. Main zstreei
Carnegie, PA 15106
(412) 429-7675
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FORD CREDIT dd/b/a FORD MOTOR : IN THE CoupT of CommoN Piss OF
CREDITCO.
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
VS. : No. 07-1186 CIVIL TERM
MARLIN COMP AND LORETTA COMP
Defendants : CIVIL ACTION
ANSWER TO PLAINTIFF'S COMPLAINT, NEW MATTER AND REQUEST TO
JOIN THIRD PARTIES
AND NOW, come the Defendants, MARLIN AND LORETTA COMP, through their
attorney. Grace E. D'Alo, and MidPenn Legal Services and files this answer and response
to the Complaint filed in the above-captioned matter.
1. Admitted.
2. Admitted
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted
7. Admitted.
8. Admitted in part and denied in part. As more fully set forth in New Matter,
defendant alleges that the actual buyer of the car defaulted in her payment
obligations.
9. Admitted.
10. Admitted in part, denied in part. Plaintiff has mistakenly calculated the
deficiency balance as more fully set forth below.
11. Defendant is without sufficient information to either admit or deny the amount
calculated as attorney's fees.
12. Denied. The Defendants have made payments on the sum due and have tried to
negotiate a payment plan that is compatible with their fixed income and health
care expenses.
NEW MATTER
13. The averments of paragraphs 1-12 are incorporated herein by reference.
14. The transaction underlying Plaintiff's Complaint was a secured car loan between
Defendant and Plaintiff's assignor, which is governed by the Pennsylvania Motor
Vehicle Sales Finance Act, 69 P.S. §601, et seq., and the Uniform Commercial
Code, 13 Pa. C.S. §1901 et seq.
15. The Plaintiff's assignor, through an authorized agent or employee, repossessed the
subject motor vehicle.
16. Defendant believes and therefore avers that the Plaintiff's assignor did not obtain
reasonable value for the vehicle and that the Plaintiff's assignor failed to comply
with the requirements of 13 Pa. C. S. §§ 9610 to 9614 regarding notice and a
commercially reasonable sale.
17. Defendant is entitled to additional credits under 69 P.S. § 627 to the extent the
reasonable value of the vehicle exceeded the price obtained by Plaintiff.
18. It is further alleged that in the course of the transaction, Plaintiff's assignor
violated the Uniform Commercial Coe, 13 Pa. C. S. § 1910, et seq., including but
not limited to the following:
a.' Failing to sell the vehicle in a commercial reasonable manner;
b. 'Failing to properly calculate the deficiency or surplus.
19. Plaintiff is liable for the actions of its assignors.
20. As a result of these violations Defendant is entitle to statutory damages under 13
Pa. C. S. §9625, the exact amount of which will be determined through discovery.
ADDITIONAL NEW MATTER
REQUEST TO JOIN THIRD PARTIES
21. Ms. Banta is an adult individual who moved into the Comps home in January of
2005.
22. Defendants allowed Ms. Carmen Banta out of desire to help Ms. Banta out of her
employment and other difficulties.
23. Defendants also helped Ms. Banta by buying the Ford Focus that is the subject of
this action.
24. Ms. Banta agreed to make all payments on the Ford Focus and all insurance
payments as evidenced by the contract attached as Exhibit A to this response.
25. Ms. Banta's failure to make such payments resulted in the repossession and sale
of the Ford Focus.
26. Ms. Banta is a necessary third party to this action and her joinder is judiciously
expedient and proper.
W IERFORE, Defendant asks that Plaintiff's Complaint be dismissed or, in the
alternative, that Carmen Banta be joined as a third party to the action.
Respectfully submitted,
E. D' Alo
ey for Defendant
D #26146
MIDPENN LEGAL SERVICES
401 E. Louther St.
Carlisle, PA 17013
Phone: (717) 243-9400
I, Carmen Banta, agreed to make monthly payments on a 2005 Ford Focus of $334.47 for
59 months starting in February of 2005 to Marlin and Loretta Comp. The car was
purchased and registered to Marlin and Loretta Comp in January of 2005. I also agreed
to pay for the insurance, which I was named principle driver.
^.
C 9A 3 1-7-042-7
Carmen C. Banta Date
\K Q?=e 3 /;, 610
Witness Date
EXHIBIT A
VERIFICATION
I verify that the statements made in this ANSWER TO PLAINTIFF'S
COMPLAINT, NEW MATTER AND REQUEST TO JOIN THIRD PARTIES are true
and correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A.§4904, relating to
falsification to authorities.
n-7
Date Marlin Comp
Loretta p
P?V?
Z
FORD CREDIT t/d/b/a FORD MOTOR : IN THE COURT of COMMON PLEAS OF
CREDIT CO.
vs.
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
: No. 07-1186 CIVIL TERM
MARLIN COMP AND LORETTA COMP .
Defendants CIVIL ACTION
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow the Defendants, Marlin and Loretta Comp, to proceed in
forma pauperis. I, Grace E. D'Alo, attorney for the appellants, certify that I
believe that the appellants are unable to pay the costs of filing and service and
that I am providing free legal services to the party.
ce E. D' Alo'
Attorney for Defendants
Atty. ID #26146
MIDPENN LEGAL SERVICES
401 E. Louther St.
Carlisle, PA 17013
Phone: (717) 243-9400
FORD CREDIT dd/b/a FORD MOTOR : IN TxE COURT OF COMMON PLEAS OF
CREDIT CO.
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
vs. No. 07-1186 CIVIL TERM
MARLIN COMP AND LORETTA COMP
Defendants CIVIL. AcnoN
NOTICE TO PLEAD TO THE WITHIN NEW MATTER
TO: GREGG L. MORRIS (Attorney of Record for Plaintiff Ford Motor Credit
Co.) and CARMEN BANTA, necessary third party.
You are hereby notified to file a written response to the enclosed
Amended New Matter and Counterclaims within twenty (20) days from service hereof or
a judgment may be entered against you.
RESPECTFULLY SUMBITTED,
E. D'Alo
Att ey for Defendant
Atty. ID #26146
MIDPENN LEGAL SERVICES
401 E. Louther St.
Carlisle, PA 17013
FORD CREDIT t/d/b/a FORD MOTOR : IN THE COURT OF COMMON PLEAS OF
CREDIT CO.
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
VS. : No. 07-1186 CIVIL TERM
MARLIN COMP AND LORETTA COMP
Defendants CIVIL. ACTION
CERTICATE OF SERVICE
The undersigned hereby certifies that on the below stated date, she served a true
and correct copy of the within ANSWER TO PLAINTIFF'S COMPLAINT, NEW
MATTER AND REQUEST TO JOIN THIRD PARTIES, by mailing same to the
office of Plaintiffs attorney of record and by regular first-class mail, postage pre-paid,
addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440:
GREGG L. MORRIS, ESQUIRE
213 E. Main Street
Carnegie, PA 15106
The undersigned also hereby certifies that on the below stated date she caused the
Sheriff to serve a true and correct copy of the COMPLAINT AND ANSWER TO
PLAINTIFF'S COMPLAINT, NEW MATTER AND REQUEST TO JOIN THIRD
PARTIES in the above-captioned case, under Pa.R.C.P. 425 (a) on Carmen Banta at the
following address:
CARMEN BANTA
202 Walnut Street
Newport, PA 17074
RESPECTFULLY SUMBITTED,
e E. D' Alo
At orney for Defendant
Atty. ID #26146
MIDPENN LEGAL SERVICES
401 E. Louther St.
Carlisle, PA 17013
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
PA ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.
Plaintiff,
NO.
?i v ??, ?%LrY??-L
V.
MARLIN R COMP AND
LORETTA COMP,
Defendant(s)
COMPLAINT IN CIVIL ACTION
Filed on behalf of.,
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
iY THO TRUE AM THff
Te llle r s !?.. , !? Set o1y k. THE INPL AS FILED.
xf the ? ?f rte.,
Pa
k Q429, ±?a ESUIR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.,
NO.
Plaintiff,
V.
MARLIN R COMP AND
LORETTA COMP,
Defendant(s).
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, 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.,
Plaintiff
NO.
V.
MARLIN R COMP AND LORETTA COMP
Defendant(s).
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., by and
through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE &
FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as
follows:
1. Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., is a corporation with
offices at 575 East Swedesford Road, Suite 100, Wayne, PA 19807.
2. Defendant is MARLIN R COMP, an adult individual, who is believed to currently
reside at 613 MARAGO RD, ENOLA, PA 17025.
3. Defendant is LORETTA COMP, an adult individual, who is believed to currently reside
at 613 MARAGO RD, ENOLA, PA 17025.
4. On or about January 10, 2005, the aforesaid Defendant(s) entered into a written
Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a
dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is
attached hereto, marked as Plaintiffs Exhibit "1" and incorporated by reference.
5. "Seller" thereafter assigned the Contract to Plaintiff, FORD CREDIT.
6. Pursuant to the terms of the Contract, Defendant(s) were to make 60 payments of
$333.47 commencing on February 24, 2005.
7. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of
all obligations provided thereunder.
8. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make
payments to Plaintiff as promised.
9. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate
the Contract.
10. After calculating early termination charges due to Plaintiff, Plaintiff avers that a
deficiency balance of $6,839.35 is due from Defendant(s) as of December 13, 2006.
11. Plaintiff avers that such attorney's fees will amount to $1,600.00.
12. Despite repeated request, Defendant(s) have willfully failed and /or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the
amount of $6,839.35, plus legal interest from the date of breach, reasonable attorney's fees in the
amount of $1,600.00 with continuing interest at the contract rate thereon from the date of Judgment
plus costs. The damages requested are less than the maximum amount for compulsory arbitration as
set by the Court.
Respectfully Submitted:
Carnegie, PA 15106
(412) 429-7675
i
n, r,n rennr
DEMINSBLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE va r avr sumo
Buyer TfAyprLllyrgP and Address (including Camty and Zip Code) CREgllpq fSegerslamFe.aadAdd*HAN I CS BURG
66.133fI(tL1IMf 11ift- OWMAGAICO ? JAN 1 3 1pf15 i6N322H0FCCAARRLIISLUE1tPPIKEE rl?l tt {p
ENOLA PA 17025 MECHANICSBURG PA 17050 YYQ ??? ~((,-?
err. Ur Bhwr End Co•&rvr. n-1 may huv tlr hrathlcrm 00-11- lesion nor cash r m credit The -Cash Pdq' shown below Is the mah price at tine vehicle. The
'Total Sale Prlca' shown below Is ant credit prim. By Ngnhp this comsr, you elmaee b buy on credit under the agreements on ew trent and heck at this orrbacL
NEIJ I FORD I FOCUS I I 1FAFP34N9511197757 I MPensrW ? Agricultural
? cor memini
Trap-In i urn S urn
l Yew more kmka Gress Allowance Anha_mt Owing YOU MAY OBTAIN VEHICLE INSURAN
ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE.
1. Cash Price __.__„_ _....................... __. E 15513.00 (1)
2. Down Payment 2000.00
Third Party Robots Assigned to S_
Cash N/A.S NIA $ N/A
vane,rw. own Arn.,o An a",
Tout Down Pttyment..__._„ _.._._........._._._ __ _„ _._._......- $2000.00 (q)
3. Unpaid Balance of Cash Price (f minus $ 13513.00 (3)
4. Amounts Pod on your behalf (Seller may be retaining a portion of thow amounts)
To Insurance Companies for
Credit Lies insurance (for tens of contract) $ N/A
Ctemt Disability Insurance (tor term of contract)---S NIA
NIA
NIA rrerm 1VA-Months (Estmae)IS
To Public Dllolats 0)) for license (S 10.00 a, gds (t 22.50 J. A
registration (S 36.00) fees; 68.50
(t) for filing less S 5.00.
(iti))pr taxes (not in Cash Price) $ 903.98 S 977.48
To for )0000(XtfX)OOOIX GAP S 550.00
To EAST CARE for N C- O L 920.00
To MCMC AFF?Rfor DOC FE $ 55.00/ONLINI 94.00
To NIA for N/A $ N/A
Total ........... .-_....................... ....„._.„-.„_.„.__..„„____? S 2541.48 (4)
S. Amount Financed (3 plus 4)._._._._.„-__._---- _.-_.__. $16054.48 (5)
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Financed Payments Price
RATE The dollar arrow The amount of The arrant The total amt
The cost of your the credit wig credo provided lo you will rim of your purchase on
credit as a yearly rate cost you you or on your paid when you credit,
bow have made all incur ing your
andahyemaemnemd
39stnm
8.89 $ 53.72 $ 16054.48 b 20008.2 t 22008.20
feaymhmt Schedule Number of Amount of Each When Peymenb due
Your payment schedule Pa>nnerlb $ Pa 333. 47 (m t are rting)
will be: 1 final $ 333333333.47 02/24/20OR"
Prepayment: If you pay off your debt early, you will not have to pay a penalty.
Late Payment: You must pay a late charge on the portion of each payment received more
than 10 days late. The charge Is 2 percent of the late amount or 550.00 whichever is lap.
Security Intm*sL- You are giving a security interest In the vehicle being purchased.
Contract: Please see this contract for additional information on security interest, nonpayment
default, the right to require repayment of your debt in full before the scheduled date, and
Prepayment penalty.
II you do nor meet your contract ootigamns, you ray nee me vawde rrsl you are ma acing under nine canhract
as well as both pads and goads put on titre vehicle and money or goods received for ins veWie.
NON-MODIFICATION DISCLOSURE
Any change In this contract must (b"e? in waving and signed by you and the Creditor.
BUYnER: (!a.Si? n a._lM-\ ?L]rr4V C0-BUYER'
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND
BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS
CONTRACT.
NOTICE TO BUYER
Do not sign this contract in blank.
You are entitled to an exact copy of the contract you sign.
Keep It to protect your legal rights.
Buyer (and Co-Buyer) acknowledge that (i) before si rain this
contract, Buyer (and Co-Buyer) received an -rev' e-.
a true
an completely filled in copy of this contract and (11) at the
time of si nnii_nna this contract, Buyer (and Co-Buyer) recey d
a true and completely filled in copy of this contract.
BUYER SI S (CO) BUYER SI '
By signing below, the Seller accepts this contracL It no other Assignee Is named In a separate
assignment attached to this contract, the Seller assigns It to Ford Motor C'°? t pan
MCCAFFERTY FORD OF M g S BUR rd to
INC
YOU ARE NOT REQUIRED TO OB
CREDIT LIFE, CREDIT DISABILITY
OTHER OPTIONAL INSURANCE
CONTRACT WILL NOT INCLUDE 7
UNLESS YOU SIGN AND AGREE TO
THE PREMIUM.
THIS CONTRACT DOES NOT INCI
LIABILITY INSURANCE COVERAGE
BODILY INJURY AND FROM
DAMAGE CAUSED TO OTHERS.
? Credit LIfe N/A
Insurer
N/A
$ Premium Insured(s)
Signature
Credit
? Disability N/A
Insurer
NIA
$ Premium Insured
Signature
? N/A N/A
Other Optional Insurance Term
N/A $ NIA
Insurer Premium
Signature
Credit LIN and Credit DWWIIyy Insurance we
for the term of the contract The amount and
coverages we shoran in a notice or agreement
given to you today.
You must Insure the vehleb. It a charge is
shown below, the Creditor WE try to btry the
coveragas chocked for the term shown.
==. will be based on the cash value of
at time of lop, but not mom than
the limits of the policy.
? Comprehensive ? . NIA Deductible
Collision
? Fus• Theft-Combined Additional Coverage
? Towing anlykor
? Term B/? Months (FSdmate)
Premium $ TM
,131Dept Cancellation Waiver Addendum (Optional)
this tax is checked you have purchased a debt
cancellation waiver. Purchase of foe coverage is
optional and is not required to obtain credit The harms
and conditions of the debt cancellation waiver are eat
foe in the attached Addendum which is incorporated
into Ws contract. The price for the debt cancellation
waiver is set fodn on this contract in the Itemization
of Amours Financed under Section 4.
Program No.
QUESTIONS?
PLEASE CALL US AT 1-800-727-7000
or
Visit us at www.fordcreditcom
03-0t1
FC 17637.81 Ar 03 rft do edrae may w ...a1 S BACK FOR ADDITIONAL AGREEMENTS
PA
- - ORIGINAL / ? I rt
VERIFICATION
The undersigned is an authorized agent of the Plaintiff and verifies that the facts and
statements made herein are true and correct based upon my knowledge, information and
belief, and are based upon and have been obtained from a review of the facts and
information contained in the business records of the Plaintiff supplied to us by Plaintiff.
Counsel has signed the verification as a matter of time and convenience. The verification
of the party will be provided if requested. The statements are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: February 24, 2007
" i:34uiiv
Patenaude & elix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
ll??
S :Z 1? U?Y it LU
r-if
0
? -rt
171 r`-
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01186 P
'i
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD CREDIT TDBA FORD MOTOR CR
VS
COMP MARLIN R ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
COMP LORETTA the
DEFENDANT , at 1825:00 HOURS, on the 8th day of March 2007
at 613 MAGARO ROAD
ENOLA, PA 17025 by handing to
MARLIN COMP, HUSBAND
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: So Answers:
Docketing 6.00 /
Service .00 Affidavit .00
Surcharge 10.00 R. Thomas Kline
00
16. 03/09/2007
to PATENAUDE & FELIX
Sworn and Subscibed to A901 By:
before me this day Dep She f
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01186 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD CREDIT TDBA FORD MOTOR CR
VS
COMP MARLIN R ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
COMP MARLIN R the
DEFENDANT , at 1825:00 HOURS, on the 8th day of March 2007
at 613 MAGARO ROAD
ENOLA, PA 17025 by handing to
MARLIN COMP
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: So Answers:
Docketing
Service 18.00
14.40
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
42.79 03/09/2007
pl? PATENAUDE & FELIX
1
ag??
Sworn and Subscibed to 3y By:
before me this day De "ty Sheriff
of A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-01186 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD CREDIT TDBA FORD MOTOR CR
VS
COMP MARLIN R 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 ADD'L DEFENDANT , to wit:
BANTA CARMEN
but was unable to locate Her
deputized the sheriff of PERRY
serve the within ANSWERS, NEW MATTER, REQ
County, Pennsylvania, to
On March 27th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
3 7. 00 ,t- 3) a a) O.1 ?.,..
00/00/0000
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
I I ti
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ford Credit t/d/b/a Ford Motor Credit Co.
vs.
Marlin Comp et al
SERVE: Carmen Banta No 07-1186 civil
No.
Now, March 22, 2007
hereby deputize the Sheriff of
Perry
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
deputation being made at the request and risk of the Plaintiff.
Answers,New Matter, Request
copy of the original to Join Third Parties
Sheriff of Cumberland County, PA
Affidavit of Service
Now, March 23, 20 07 ? at 1:43 o'clock 'P M. served the
within Answers,New Matter,Request to Join Third Parties
upon
Carmen BAnta
at N. 2nd St. Apt. 2 Above Pat's Rest. Newport Boro,PA 17074
by handing to
Carmen Banta, Defendant
a True & Attested
and made known to
Her
Chief Deputy
Sworn and subscribed before
me thiQ18- day of m? -ch '200"?
County to execute this Writ, this
the contents thereof.
So answers,
Donald E. Smith
Sheriff of Perry County, PA
COSTS
SERVICE _
MILEAGE
AFFIDAVIT
NOTARIAL SEAL v
MARGARET F. FLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16, 2008
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT CO.
Plaintiff
Vs.
MARLIN COMP AND LORETTA COMP
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 07-1186 CWIL TERM
CIVIL ACTION
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow the Defendants, Marlin and Loretta Comp, to proceed in
forma paUeris. I, Grace.E. D'Alo, attorney for the appellants, certify that I
believe that the appellants are unable to pay the costs of filing and service and
that I am providing free legal services to the party.
611
- -
r:-;
Gr e E. D'Alo
Attorney for Defendants
Atty. ID #26146
MIDPENN LEGAL SERVICES
401 E. Louther St.
Carlisle, PA 17013
Phone: (717) 243-9400
Y ... .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT T/D/B/A FORD MOTOR CREDIT CO.
Plaintiff
NO. 07-1186
V.
MARLIN R COMP and LORETTA COMP
Defendant(s)
PRAECIPE TO
DISCONTINUE WITHOUT
PREJUDICE
Filed on behalf of:
FORD CREDIT T/D/B/A FORD
MOTOR CREDIT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_170 Prcp Disc w/o Pddc P&F File No. 2800.5279
• r
SIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT T/D/B/A FORD MOTOR CREDIT CO
Plaintiff
V.
MARLIN R COMP and LORETTA COMP
Defendant(s)
NO. 07-1186
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO: Prothonotary
Please discontinue the matter captioned above without prejudice. Thank you.
Felix, A.P.C.
Date:
Sworn to and subscribed before me this
day of , 204
1
Notary Pub
COMMONWEAL114 OF ftNN VAMA
Nobiial Seat
Cardyn J. 3Wwt, Notary Putt
Carnegie San, M9gtWW CW*
My Cornminion Spires Aug. 14, 2011
Member, Pennsylvania Association of Notarles
M'4g L. Mo s, Esquire
213 E. Main Stree
Carnegie, PA 15106
(412) 429-7675
PA-170 Prcp Disc w/o Prjdc P&F File No. 2800.5279
Sk.
I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR
CREDIT CO. , hereby certify that a true and correct copy of foregoing document was served this
date by ordinary mail upon the following:
Grace E D'alo, ESQ. Loretta Comp
Midpenn Legal Services 401 E. Louther St 613 Marago Rd
Carlisle PA 17013 Enola PA 17025
Date:
PA- 170 Prcp Disc w/o Pr do
VE13 orris, Esquire
ude FelixA
P.C.
Main Streef?-
Carnegie, , PA 15106
(412) 429-7675
P&F File No, 2800.5279
=fi ti
3-1