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Home My WebLink About07-1474~ 1 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, v. DAVID L CALAMAN , Defendant(s). No. ~'~ _ lU7y C'~;L` ~~ 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., ) NO. Plaintiff, ) v. ) DAVID L CALAMAN , ) Defendant. ) 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., ) NO. Plaintiff ) v. ) DAVID L CALAMAN , ) 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 & FEI.,IX, A.P.C, and files the following Complaint in Civil Action, and in support thereof aver as follows: 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 DAVID L CALAMAN , an adult individual, who is believed to currently reside at 103 N MIDDLESEX RD ,CARLISLE, PA 17013. 3. On or about May 12, 2004, 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 "A" and incorporated by reference. 4. "Seller" thereafter assigned the Contract to Plaintiff, FORD CREDIT . 5. Pursuant to the terms of the Contract, Defendant(s) were to make 72 payments of $612.04 commencing on June 28, 2004. 6. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of all obligations provided thereunder. 7. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make payments to Plaintiff as promised. 8. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate the Contract. 9. After calculating early termination charges due to Plaintiff, Plaintiff avers that a deficiency balance of $8,148.73 is due from Defendant(s) as of January 18, 2007. 10. Plaintiff avers that such attorney's fees will amount to $2,000.00. 11. 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 $8,148.73, plus legal interest from the date of breach, reasonable attorney's fees in the amount of $2,000.00 with continuing interest at the contract rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: Carnegie, PA 15106 (412)429-7675 PENNSYLVANIA SIMPLE INTEREST VEHICLE RErsa luster ueur nn.lrn...~ 05/12/2004~ -_ _._ .--_ .__..~......... UATE Buyer (and Co-8uysr) Name and Adbass (including Count' ant Zfp Code) CREDfTOR (SNlar Nem. and Addraa) DAVID L CALAMAN BOB RUTH FORD, INC. 1231 CLARElfONT ROAD 700 MR RTE 15 NORTH CARLISLE PA 17013 MAY 1 3 1Q04 DILLSBURG, PA 17019 ~~ 'Total 8eb pAce• Nlawn allow b M Breda ~ •••• ..nwe ewmoao wrew for Geh p On eredlt TM'Caah Prka' ehowrl babes b rile pM pnp d 1M whieb. TM twke. ar alyniq Wa eoetraot, you ehaop to buy en eredlt under ale apea,eenb on tlr tom and beak d alb eonVaet NewlUced veer end Make Model GV W R Truck Vahkb Idanflecation Number Use For Which Purl:hased NEW 2004 FORD F150 PICK 7200 1FTPIi14534KC31770 o pereonr ^ AgdwlWrel ^ Carrullercial Trede•tn N/A N/A INSURANCE veer aro Met s Drou Aybwanp S Amy ~~ YOU MAY OBTAIN VEHICLE INSURANCE ITEMRATION OF AMOUNT FlNANCED FROM A PERSON OF YOUR CHOICE. 1. Ceeh Pfloe..._..._._..._. scuru. W 2. Down PaymerN Third Parry Rebate Assigned to CndRor ................». 1000.00 S Cash Down Payment...»_s....N.tk."'»""' - "*/tA°°•».».. Trade-In 5.~_ S S rr.ro rw,. omw Nb..w. wnw.x owoa Total Down PaymeM 2500.00 .............._.....................__....................._.__. 5~ (p) 3. Unpsid Belanoe of Cash Prks (t minus 2)..._....._.._._......._..._... S (3) <. Arttourlta paid on your bahan (Seller may bs retaining a portkn of these amot+lts) To Insurances Companiae for N/A CredR ute Insurance (tor term d contras) ......»._ ............ . 5-~yq-- CndN Diaebillly Imunnca (for tens of contract) .............. 5 (Tenn ~_~rt0fa (Estima~] ~~ } To Publk OlRelals ~lar lioartse ($__ =6:_~_), gtb (a ). A registration (s~~btees S ; (ii) for filing fees S 1869.20 iiq for taxes (not in Cash Price) S T 1910.70 =„~,~_ o To ~ ' _~- _~- To S To for ~- 5. Amount Flrunced Is nu.. ai _ FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Tote) Sab PERCENTAGE CHARGE Financed Payments Prltx RATE Tile dower amoum The smarm d TM amount The foul coat The coat d your the credit wa cretle Dro'Aded to you will have d your puroluse on credt es a yudy taro coat you YW or a, your paid when you eredN, bahen haw made 80 indudkg your 11.59 % 5 12668.66 5 31498.20 s MOe6m88 ~ 5_ Payment St:hedtde Ntanber of Amount d lash when P~~ Yaw payment sdtetitlle ~ ~~~ P~~14 0 0 4 veil be: 1 final j~~- ( prepeyntsm: If you pay off your detN eery. You wifi rqt hew to psy a penalty. fate Payment: You must pay a late durye an me potion d each paymem received more sun 10 tlpyc late. The Charge is 2 Demem d the late amount or 550.00 whitltaver ie tau. SecIRMy InMest: You en givirq a securly IMereat In the vehicle beirp purchased. Contract Phase see this corlbect for addebnel irltorrrution on security interest, rttxr W~Ymemdpertaey~re repaymem d yea debt M Ile tx9bre are schedubd date. and fi Yaw do not meat your mnoreG otlipstiore, you mry has ties valide ttW ae waN ae boa e.na .nrl ......n.........~ ..~~~- -'' ------ _ YW ere hwminp attler Ifea CbrlbeCt, NON-MODIFICATION DISCLOSUREYM Yes ~ cage k ~ ~ 4D~~ ty you end the Creditor. SIUGNS ~ S NUYER: X _ 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 lb 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-B(uyer) acknowledge that (i) before sicninsl this a~ comp8e~ly ~illedCn co~pyrofr his contract anld (ii)i at the time of si nin this contract, Buyer (and Co-Buyer) race a a ue an comp ate y e n copy of this contract. R ttro tX'.o eurER t11Gns . er +lDnine alo~al.trendlsptltllr.e~ppabdthfle~eona.oe. n no dMr A.tlpnee n^med m e a•naraa ~~eBUB ItllfFll~UKU, TNI.seBbru n r~cradn pert'. - --- ---- --^----^- ~, ~.. .o...~ ~~ vwn rvn wuul lrVnAL AQpEEMENTS PA YOU ARE NOT REQUIRED TO OBTAIrt CREDIT UFE, CREDIT DISABILITY ANC OTHER OPTIONAL INSURANCE. THIS CONTRACT WILL NOT INCLUDE THEM UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. THIS CONTRACT DOES NOT INCLUDE LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. ^ Credit Life N/A N/A Insurer $ Premium Insureds) Signature Credit N/A ^ lAsabillty N/A Insurer S Premium Insured Signature o N/A N/A a11PJIpPtlonei Insurance Insurer S Premium l na ure Aedlt Lne alq CrsdR deeWmy inwrena are rot ttls brm a 1M borrbeet 7M emwm and eglovsrega acre shown In a rrotke or apreemem eea.y You must Insure fM rehida K • Gtargs b shown bNow the Crevlllor Mg try to buy tM wtrs d ton M ~ vaof Ne wl at tons d bas, but not man than Uts Wnas d Ur po0cy. ^ Comprelteneive ^ 5 N/A ~ Coebhn ^ Fire- Theft-Corrlbkled Additional Coverage ^ Towing ~epor ^ Term ~~ MonMa (Eabnate) Prarnium S ^ Debt CalrwOeen WaMr Addauttltttn (OptlbneQ i tfi box b rJlacked you hew pulchued a tleht callnlletion welter. purdleee d al's Y optiarl and b not required b ab4n oteet and corlditlar d the debt resrttcaesesarr waiver are ant IoM tithe aibtlled Addwlaan wlacn b Ytcorparated beo 1Ns contact The prka Ia the debt carieaeatlori waiver b eat lath on sae mraract in die earNxaUOn d Amount FxrelKed untW Section ~. Program No. QUESTIONS? PLEASE CALL US AT 1-800-727-7000 or Visit us at www.fordmditcom 01001 ORIGINAL ~1--- ~. ~_ ..~ ~~ ` ``, , I ~~ U `` f a . 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: March 07, 2007 Carnegie, PA 15106 (412)429-7675 z 13 t:. Main Street w ~ ~ P N d ~~ c c`. i` d'-ti ~; ra :. 4..., `i~ ~efx ~~ F~J -,.S n T RZ ~? I'``Y ,' rr /t ]l e t r _~, t'} _..~ c 'L.:J 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. NO. 07-1474 Plaintiff, v. DAVID L CALAMAN , Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT 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., NO.07-1474 Plaintiff v. DAVID L CALAMAN , Defendant(s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiff s complaint. Amount claimed in Complaint $8,148.73 Interest from January 18, 2007 $255.79 Attorney's fees $2,000.00 TOTAL $10,404.52 With continuing interest on the principal amount of $10,404.52, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. Felix, A.P.C. By: ~~fenaude & Felix, A.P.C. 13 E. Main Street Carnegie, PA 15106 (412) 429-7675 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b!a FORD MOTOR ) CREDIT CO., NO.07-1474 Plaintiff ) v. ) DAVID L CALAMAN , ) Defendant(s) ) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037~b)_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, Personally appeared Gregg L. Morns, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), DAVID L CALAMAN , is not in the military se?~vice of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. & Felix, A.P.C. By: Sworn to and subscribed before me this day of 20Q~, Y Y~ Notary Public ~41ORRIS, ESQUIRE & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 NOTARIAL SEAL ERIN N BALTZELL Notary Public CARNEGIE BOROUGH, ALLEGHENY COUNTY My Commisslon Expires Jul 21, 2010 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. NO. 07-1474 Plaintiff, v. DAVID L CALAMAN , Defendant(s). IMPORTANT NOTICE 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 COi7NTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., Plaintiff v. DAVID L CALAMAN , Defendant(s) "To: DAVID L CALAMAN 107 N MIDDLESEX RD CARLISLE, PA 17013 NO. 07-1474 Date of Notice: April 11, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PEROSONALLY 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 LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 By: Patenyfi~cj~ &~,Iz'glix, A.P.C. ~GG L. MORRIS, ES( Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 I, GREGG L. MORRIS, attorney for Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., herby certify that a true and correct copy of the foregoing document was served this day by US First Class Mail, postage prepaid upon the following: DAVID L CALAMAN 107 N MIDDLESEX R CARLISLE, PA 170J~3 Date: April 11, 2007 ~atenaude & Felix, A.P.C. Attorneys for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 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. NO. 07-1474 Plaintiff, v. DAVID L CALAMAN , Defendant(s): NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: FORD CREDIT tJdlbJa 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 c ~ ~~ T, ~ ~ .w„. -~ ~,. ~ ~ ~rn r ~ " -t7 L -~ ~ ~ G ~.+J .~ ~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., NO.07-1474 Plaintiff v. DAVID L CALAMAN , Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( )Plaintiff (X) Defendant ( )Garnishee ( )Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on ~ ~~~ ~~ ~__ ( )Decree Nisi in Equity ( )Final Decree in Equity (X) Judgment of ( )Confession ( )Verdict ( )Court Order ( X) Default ( )Non-suit ( )Non-Pros ( )Arbitration Award (X) Judgment in the amount of $10,404.52, plus cost. ( )District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license wil be suspended by the Department of Transportation. Prothonotary By If you have questions concerning the above, please contact: Name of Attorney: GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01474 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD CREDIT ET AL VS CALAMAN DAVID L 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 CALAMAN DAVID L the DEFENDANT at 1715:00 HOURS, on the 21st day of March at 107 N MIDDLESEX ROAD CARLISLE, PA 17013 by handing to MARLIN CALAMAN. ADULT IN CHARGE 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 4.80 Affidavit .00 Surcharge 10.00 .00 3~.L 9~0 ? ~,.,, ~2 . 8 0 Sworn and Subscibed to before me this day of , So Answers: r, " ~~~~ R. Thomas Kline 03/22/2007 PATENAUDE & FELIX ,~'7 By • ~, Depu y Sheriff A.D. 2007