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Home My WebLink About07-1475i 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. ) FLORA M DASHER , ) 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR ) CREDIT CO., NO. Plaintiff, ) v. ) FLORA M DASHER , ) 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 I,F,GAL 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. ) FLORA M DASHER , ) 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: 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 FLORA M DASHER , an adult individual, who is believed to currently reside at 2128 MARKET STREET 7174216990, CAMP HILL, PA 17011. 3. On or about June 08, 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 $537.12 commencing on July 08, 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 $13,531.30 is due from Defendant(s) as of October 16, 2006. 10. Plaintiff avers that such attorney's fees will amount to $3,500.00. ] 1. 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 $13,531.30, plus legal interest from the date of breach, reasonable attorney's fees in the amount of $3,500.00 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: Patenaude helix„A.,Jr".C. UIRE l~~ain Street egie, PA 15106 112) 429-7675 .ureeee~r ve:ww F nFTaa INSTALMENT CONTRACT ppTE 06/08/2004 •C17P1.7iV-IN-rl~anerr.. .... r...... .~._~~_.._.. ______ _ &ryer (and Co-BUyer] Name and Address (fnduding Caesdy end Zip Code) ~ CREOROR (Seller Name arW Addess) FLORA M DASHER MCCAFFERTY FORD OF HECHAN)CS BURG .i 2128 nARKET STREET 6320 CARLISLE PIKE J`jp~.~l'(~W~l CAMP HILL CIIMBERLANO PA .t 7011 t1ECHANICSBURfi PA 17050 JUN You. me aery~ (acre Ce.BUyx, a ary), try wy 0n wddeb dralbM below fa aeh or sn eredN. 7M'4y1n vriu' enaem weow s vw wn P..o............_ .... 'Tad Sab Prbe' eleown below b M endll prlow By alpsne Ifia eoraaet• Yau ehosee b twy on erada under 0n apwmwse on the born and bade of Mb Jeonlnsl. NEGI ~ FO 0 TRUCK REESTAR 2FMZA516346A57457 I ~ Pe"0"°~ ~ A°'~`ad ^ Conrrlelcial Tnee~ 2000 FORD TRUCK :.12094.00 a 12094.00 I YOU MAV OBTAIN VEHICLE INSURANCE rw arxl fArke ~f' ~0N1AG° A"101"a °"~° FROM A PERSON OF YOUR CHOICE. rTEMIZATN]N OF AMOUNT FlNANCED .......__._._.__._._._._... S 34179.00 (~) 1. Cash Prks.._._._._..._.......__.__._..._...._._. 2. Down Paymem 6144 00 ThiM Parry Rebab Assigned to Crodaor._.__.._.__...__. 5~~ Cash = Trade-~(~(~T'=T7094':~~7i~ ~ S°T269'4°UTi~~ t~- rw el6 w. 0.6. wa.mea ,~mwle o.v~s 5 1394.00 (p) Total Dorrli Payment.._..._....__.___...._.._._.»._. _...._........._. 3. Unpaid Balance of Cash Prke (t minus 2).„._......__._.._.._.__.. 5~ i9) 1. Amount paid on your behdr (SNNr may Oe rabadng a poRbn d these amounts) To Inwlance CompsnMs rot N/A GedR Llle Itburanq (tor term of comred) ..__...__.___. S-~jb- C4r6~it Disability Insunrtee (tor term of ~Mrad).._._....... 5 N/A To Publk f>ffidals.(~ Igaicsnce (5~). tltb (S r• & registration (5 ~te~5 • (iQ for filing lase t 1101.26 5 1180 76 (iri) taxes (not in Cash P~~ GAP s-35~0~0- ~° - cam rorSrMtr Cb SZ380~I7- ° L1RES~OIT 70 ~-to 5~6 Total »...._..._._.__._._.__._._---._._.__._._.__.__._.__._.__._.__._ 5 Nl 5. Amount Flnanpd 3 Akre 4 _._._._._...w_._.___._._..._._.____._ S B .7 (5 FEDERAL TRUTH-IN-LENDING DN~OSURES ANNUAL FINANCE Amount Tofal fn Total Sala PERCENTAGE CHARGE Flnencad Paymertta Prke RATE The ddbr .mourn TT1° °R101ti d Trro sma+m Ttw bbl cart credit proNaed b you wa have of your puoMm on The cost aF Your a1° acre ~ you or on your psid when you credit credit b a yssry rtle cost i'OU Innaa Inve maw dl J 09w~svrinl ~~~ 3 9 ~: VVUu 8.29 .,~. 8282.88 ~a30389.76 iflfmber M AmotaR d Each When paYn»hu P+Y~I Sdtaduk 30cp p~~ ~ ( an due Yar peymera attiedule ~1 5-~- 07/Of34) yyB ye; 1 final S pnpgrmarMr H you pay oM your debt aady, you rue not haw b pay a pmnlly. Lab payment You mud PaY a Mb charge an Sn portion of each payment received more then 70 days lab. TM cher9s b 2 percent of the lab amamt or 550.00 whidnwr b less. Securay brMrsst Vou are glvirq a secudty_irwarad in the vehicle bainp purchased. Contnet: Pbaae sse this comnd for 61aaeMlnl irdomntlon on ascuraY intend. nonpaynwm ddwa, the dgM to reQuin nryaymers of your wet in tua baron the seheauled ads, arq PreWYme^t PenieN• n you m not mad your eorxred ob~p~eorx, y ~~Y lase tlw veNde eat ~w~ D~~ Mk omtraci. NON-MOp~ICATiON DISCLOSURE Airy drenpe M dds ooMrscl rood be in~wra~i~nY\v~W,~dan~ M You ~ the Qadaor. BeuGr~ : X ~ , ~ b=6~ IG~N~s '~ X BY TA-tE~ARB~ITRA~TENJN PROV~ISINOANVON~T'HEAREVERSEESI~ OFOTHLS CONTRACT. NOTICE TO BUYER Do not sign this contract in blank. You are oMltied to an exact f~py of the contract you sign. Keep K to protect your legal rights. Buyer (mid Co-Buyer) acktteawbdge that (i) before~lanin9 this TT-__ __ contra Buyer (and Co-Buyer) received arr~ revtewea a vu• an completely filled In copy of this contract and (ii) at the time of m of this contra Buyer (and Co-Buyer) recs-T a ~ comp y n copy of this contract X X BUYER SIrG~NaS~aa~. ~p.~~~,~~ryra~~a~a g~~Ier (CO) aaaU,YER 81GWS ~'_'n~,~g1'7'LICT ~r TUICU Vr I7C 1. rlRa ll. BeKt7~ ~ ~b ~ TPo FC 11631-& Jul (p IPmlaw aeemi. mry a IYr(L) a« ...............__.. PA YOU ARE NOT REQUIRED TO OBTAIN CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE. TttlS CONTRACT WILL NOT INCLUDE THEM UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. THIS CONTRACT DOES NOT INCLUDE LUU3ILITY INSURANCE COVERAGE FOP BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. ^CreditLile N/A Insurer N/A S Premium Insureds) Signature Credit N!A ~ Disability Insurer $ N/A Premium Insured Signature ^ N/A N/A Other Optional Irtwrerlce Term N/A a NJA Insurer Premium re crsOM Lae .na cr.d« plpbaay irocasrwe as to ftn brm w ors oontram. sensors arM eoserapss an shown b a noeles ar syrswnem glwm b you toGY• rou muse fnarae On rshkN. h . ettnge r ahoem bakes sire r~.dlmr rr1B try b buy tln eovw.gsa aiiednd for tin boll shown win a based bn the cult wi+e d t ~~ but sot more unn ^ Ccnpnlnndve ^ 5 N/A pis Coadm ^ Pte- TIwM-dC~ogmpb~~ned AAdltlonel Cowxape ~ Towlrp ~/ H ^ Tsrm ~~. MonOes (Ertbnab) PrerMUm S s tlia boz Ia youheve purchased~aegad~eMt W and ,ayukto ohWn' or~.da~rtw Ymw aw 6onAaols d ar debt rsncsYeorl vrtawr sn ed fat, in tin stnrtrea Addendrra Mddl b akarporded inb ilYe mntrad. The P~ br tM amt rarlcalWlorl ,wirer b ad toM on eye conraa fn dr Itamtration d AmoWM Fkwiced udder Sedlon 4. Buye< ~Q Program No. ~UESTIONS4 PLEASE CALL US AT 1-800.727-7000 or VWt us at yyyyw.fo-dt:rodileom 0.4001 ~I ORIGINAL > ~F rI -- ----_ ' ~Xh~01~! t 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 atenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 N lJ 1~. ~, °~ ~Q O ~ ~, ) ~\~ ~ A v V (`~~ `~ C') +°; , ..-p ra ~._~ r_~ CJ"1 ~',°,'Y ~~ ~%' ~;~ -n -~-t n ial.,1 1 _.~y .f 1'i ~~ -"~ 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. 07-1475 Plaintiff, v. FLORA M DASHER , 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., N0.07-1475 Plaintiff } } v. ) FLORA M DASHER , ) Defendant(s) ) PLAINTIFF'S PRAECIPE FUR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint $13,531.30 Interest from October 16, 2006 $560.87 Attorney's fees $3,500.00 TOTAL $17,592.17 With continuing interest on the principal amount of $17,592.17, 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~Totice is attached. P~fen~ude & Felix, A.P.C. GG L. MORRIS, ESQUIRE atenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLANIS COUNTY, PENNSYLVANIA FORD CREDIT t/d(b(a FORD MOTOR ) CREDIT CO., NO. 07-1475 Plaintiff ) v. ) FLORA M DASHER , ) 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. Morris, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), FLORA M DASHER , is not in the military service 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. Pater~l~le 8~~'elix, A.F.C. ORRIS, ESQUIRE & Felix, A.P.C. E. Main Street Carnegie, PA 15106 (412) 429-7675 Sworn to and subscribed before me thisday of 20~, ~' "~~ ~ . Notary Public NOTARIAL SEAL ERiN N BALTZELL Notary Pubiic CARNEGIE BOROUGH, ALLEGHENY COUNTY My Commission 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. 07-1475 Plaintiff, v. FLORA M DASHER , Defendant(s). IMPORTANT NOTICE Filed on behalf o£ 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. FLORA M DASHER , Defendant(s) ~ NO. 07-1475 To: FLORA M DASHER 2128 MARKET STREET 7174216990 CAMP HILL, PA 17011 Date of Notice: April 10, 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 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: FLORA M DASHER 2128 MARKET STREET 717 CAMP HILL, PA 17g+~ Date: April 10, 2007 Patenaude & 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. 07-1475 Plaintiff, ) v. ) FLORA M DASHER , ) Defendant(s). ) NOTICE OF ORDER, DECREE OR 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 „~ `-~ .~. ~ ~ r (~^ c~c, "c1 ~ ~ ~ ~ d ~ ~ a ~ ~-' .. ~, :;° ~,; ~ --r, ~; tom. ~ 61 ~~-~§ (~? i Y °tR M1 i.~ i~ ., ~_., ~ r f- .. - l _ ~, ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d!b/a FORD MOTOR ) CREDIT CO., N0.07-1475 Plaintiff } } v. ) FLORA M DASHER , ) 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 2~~T~Ub ? ( )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 $17,592.17, 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 N0: 2007-01475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD CREDIT VS DASHER FLORA M KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DASHER FLORA M the DEFENDANT at 2040:00 HOURS, on the 20th day of March 2007 at 2128 MARKET STREET CAMP HILL, PA 17011 EDWARD DEITZ, BROTHER IN LAW by handing to 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: So Answers: Docketing 18.00 Service 14.4 0 -W~~~~'~'~ ~~~~'' A f f i d av i t . 0 0 ` °'~~~"`~`"~ -~ -.-*-~ -~~--~' Surcharge 10.00 R. Thomas Kline .00 ,,A 42.40 iW"03/21/2007 PATENAUDE & FELIX 0~ Sworn and Subscibed to 3,~ By: o before me this day D put S r'f of A.D.