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Home My WebLink About00-08813 c;n ,"_.f. 1# ~1 II I:, '" ~'. >>' IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY, PENNSYLVANIA CURTIS FORD MERCURY 215 S. Carlisle Street R.D. #2 Box 3 New Bloomfield, P A 17068 Civil Action Plaintiff, No. 1JiJ- ~ f( 3 ~ I Lv- v. FORD MOTOR CREDIT CORPORATION 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, P A 17055 Defendant. PRAECIPE TO ISSUE WRIT OF SUMMONS PURSUANT TO Pa. R.C.P. &1007 TO THE PROTHONOTARY: Please issue a Writ of Summons in the above captioned action on behalf of Plaintiff, Curtis Ford Mercury, and against the Defendant, Ford Motor Credit Corporation, whose address is as follows: Ford Motor Credit Corporation 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, P A 17055 ictor P. Sta 11 ./ lD No. 37449 Dilworth Paxson, LLP 305 N. Front Street, Suite 403 Harrisburg,PA 17101 (717) 236-4812 DATED: 12/21/00 17408-1 .oO>"''lnU:aI - ,,.,LI .-J, "I - Ii - ';-~ ~,,; ,~. .-4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CURTIS FORD MERCURY 215 S. Carlisle Street R.D. #2 Box 3 New Bloomfield, P A 17068 Civil Action Plaintiff, No. 0iJ- HI3 ~ I~ v. FORD MOTOR CREDIT CORPORATION 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, PA 17055 Defendant. WRIT OF SUMMONS TO: FORD MOTOR CREDIT CORPORATION 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, P A 17055 You are hereby notified that Curtis Ford Mercury, Plaintiff in the above action, has commenced an action against you. Date: 12/21/00 (lh.-L' I;; -\~ ) ~ . Curt Long, Prothonot 17409-1 i~~~i~',~i-ii!if,';"\<fi",illii&1i,~~~~"ili!Wih~"",!l;""";W.';t.B*E~;Wiiii":i,",,,i!\)<'"~),;lf'i\';;';'''''"'t,;Ji-,''';;,''''lI5t.''i.ra:gar rf ,----", ~'" ""f2 ~ \. ~~,~~., . -"''''''''".''.' .., --,~~.~~ ~, .. ~'~t:['!i,tl~41~tl'.~llii:dJ -"-,,.;-~ ',,->;- o ~ -ocr: rnry' ~~.. >r- ~~ ~.:l " ~ 't~"'l. k:Sll o C) c:J ,'1 ;.J- N 0) ,,' ," ~, At. !-- ....0 ~:-\ ~~ :~1 )e> :J'"J -< N ....1 ~ ~ ~ ~ .. -c. '" ~ ':'\ v g (r Ij <::; f;'1 ." t ","""",,,~ "~,_~ dO= I~,,- - ,;J L ~" I _ I~o -.~ " IlillliilllNlllIij"ii~llili<t.'I';:4~-c''-- SHERIFF'S RETURN - REGULAR CASE NO: 2000-08813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CURTIS FORD MERCURY VS FORD MOTOR CREDIT CORP KENNETH GaSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FORD MOTOR CREDIT CORPORATION the DEFENDANT , at 0014:47 HOURS, on the 28th day of December, 2000 at 4900 RITTER ROAD STE no ROSSMOYNE BUSINESS CENTER MECHANICSBURG, PA 17055 CHRISTINE BERTAUSKI (BRANCH by handing to OPERATIONS MANAGER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: ~~~-t:~f R. Thomas Kline 12/29/2000 DILWORTH, PAXSON, LLP Sworn and Subscribed to before By: me this 3vU{ day of C) AUf "'Y 2/w/ A.D. Ch--,.(J~A~ rothonotary' _ _, " ,-: :C":'"'-'" ,,_;"::,,~ ,.,'----_ ---~{. .,..._,;__;_ ''''",-.'\ ~,' --~""_~,o.'--..c-...I,_",;,+;w-i-,-:;O:;';:';' ----<~~,.,~-'."_ "-~.__i, ",( --~.0.J;:-I.;)i;"",I,'~ "c;;;te3:.' "_"~~ .;;:c;-:;' ;,.';_o",~ ,1'""" "d;:.2;;'_:'--;;';_;;:c~-':: -;; -,'i...';:i;,?;i=':_'~"m',-, .-";-"~''-, ;; " - -,~" '-~i ~ Iii WOLF, BLOCK, SCHORR AND SOLIS-COHEN, LLP By: David E. Stem, Esquire J.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103 (215) 977-2556 Attorneys for Defendant Ford Motor Credit Corporation CURTIS FORD MERCURY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. FORD MOTOR CREDIT CORPORATION: No. 00-8813 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Ford Motor Credit Corporation in the above- captioned matter. WOLF, BLOCK, SCHORR and SOLIS-COHENLLP By: J2~ I :;l David E. Stem, Esquire Dated: 11 ~/~I DSB:768786.1 i"~i:ii<;.'"':',,,-ob~: ':;,1 '-;";;'iiiiI"~ ,',;. .- ~. --".,,,',, " J, ."" .'" 0i...~' - -,~~,~ " ,",d-" -'>~:::'~-': ;~ ._;c :,i.ii";Ud!,;,):",,ij-,.;;G"NI' ,,<,,<tt""'~i[";S";",'_-;' &".;;. ~'",,,, '. " '" 'k,'v"'<""'~~'",'b"'"C'-'" "",--",----- 'N"'" () CJ 0 c: ~n ~ ",. ,.-, -OeD .'0 (:'~~1 rn fT1 -;:0 Z:l:; N lJ~ zc: (J' ~z: '~j ~o -0 :::!-ri 0:0 >0 :A -"",,0 ;;;:;0 'f: Om >c: ~ Z =< CO -< . Jl.' . illJ , J, -__i'- IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY, PENNSYL VANIA CURTIS FORD MERCURY 215 S. Carlisle Street R.D. #2 Box 3 New Bloomfield, P A 17068 Civil Action Plaintiff, No. 2000-8813 v. FORD MOTOR CREDIT CORPORATION 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, P A 17055 Defendant. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued with prejudice. Vi tor P. Sta i ID No. 37449 Dilworth Paxson, LLP 305 N. Front Street, Suite 403 Harrisburg, PA 17101 (717) 236-4812 Counsel for Curtis Ford Mercury DATED: 2/11/02 17408-1 p':;' . -"~'_i_!itt:i1~~'i1~ij<<.Jl.:ltll-.i'?'~i!ii"ltO!JMd%'iM'i~^'frf.i,-",:-!,L"+:~"~"-'~l~'!i-'.l'}'Y_)WWd@!!L~'~"'i'OOl~li'o;tj.ftt~~__O:''''''''~~_dtiltiil~,;j'~M ,~ ~'j:""'''" j,."""'"RDitlilt'-'.., 'Ii " 0 c-, :;) c: f'..) , I -~~ ~:: .." "'. n1 [!~, ,'T] Z fT: co Z ~,,,- , CD 1'0 ~-' -< c" , r..:~ , " ,- -C' '~'. C; " ~..- C') )> C) C_~ ,'! ~; '~N , :':::i ,'\...:) :G -:( :D -< ... -~. ,'~,<-,~- .~,_" =~"'~, _~ .,_~_,~"_,.,/'<~",,~~~__.H~'""~_~ ~, .,~O'M_ ,~ .. Ij' ;';'I-Ik o ,;i.,';:! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CURTIS FORD MERCURY 215 S. Carlisle Street R.D. #2 Box 3 New Bloomfield, P A 17068 Civil Action Plaintiff, No. 00-8813 v. FORD MOTOR CREDIT CORPORATION 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, P A 17055 Defendant. NOTICE TO PLEAD TO: Ford Motor Credit Corporation You are hereby notified to file a written response to the within Complaint within twenty (20) days of service upon you or a judgment may ictor P. St , re Attorney Id. No. 37449 Dilworth Paxson LLP 305 N. Front Street, Suite 403 Harrisburg, PA 17101-1236 DATED: September 7, 2001 18251-1 '" ",- ,_,~ 1. ~I,_I -IL~ J: -, ,,-,,-- ,- "-"' ~'", -, ,- .,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CURTIS FORD MERCURY 215 S. Carlisle Street R.D. #2 Box 3 New Bloomfield, P A 17068 Civil Action Plaintiff, No. 00-8813 v. FORD MOTOR CREDIT CORPORATION 4900 Ritter Road Rossmoyne Business Center Mechanicsburg, PA 17055 Defendant. COMPLAINT AND NOW, comes the plaintiff Curtis Ford Mercury (hereinafter "Curtis") and files the following Complaint against the defendant Ford Motor Credit Corporation (hereinafter "FMCC") in the above-captioned matter as follows: 1. The Plaintiff Curtis Ford Mercury is a duly licensed Ford Motor Company dealership located at and with its principal place of business at 215 S. Carlisle Street, R.D. 2, Box 3, New Bloomfield, P A. 17068. 2. The Defendant Ford Motor Credit Corporation is a corporation organized under the laws of the State of Delaware and regularly conducts business from its offices located. at 4900 Ritter Road, Rossmoyne Business Center, Mechanicsburg, P A. 17055. 17409-1 ,ie,... '.-' ~' ~ "1 ,I",~ "I, +l.. . ",~t::" ,,",:',-_-2, ""':>'~_:'o' '~ ',--- .- , ;,'-_..0 . ~ 3. The defendant FMCC is a dealership finance company which, among other things, is in the business of extending lines of credit to Ford Motor Company dealers for the purchase of new and used cars by the dealership. 4. On December 10, 1991, Curtis was awarded a Ford Motor Company franchise to operate as a Ford dealer at its New Bloomfield, P A. location. 5. On January 2, 1992, FMCC met with Curtis in order to get Curtis to place all of its retail dealer financing of new and used vehicles through FMCC and to execute its wholesale (floor plan) financing documents. 6. Curtis accepted FMCC's offer for dealer financing and on January 2,1992, FMCC and Curtis executed between them documents to establish automobile wholesale fmancing, which included an Automobile Wholesale Plan and Application for Wholesale Financing and Security Agreement and an Automobile Wholesale Installment Sale and Security Agreement (hereinafter the "Dealer Documents"). Copies of these documents are already in the possession of the defendant FMCC. 7. On the same date the Dealer Documents were executed between FMCC and Curtis, Curtis also was offered by FMCC the opportunity to enroll in a separate optional retail financing dealership program extended by FMCC called its "No DPW Chargeback Plan" (hereinafter the "DPW Plan"). 8. Customers, if they are approved by FMCC, may finance the purchase of new or used vehicles through FMCC. Curtis had the opportunity to offer FMCC financing to its customers. 17409-1 I" !, '-t-l :,1 ;,.. ". '-,.- c ~q~- -"~~ :'1';' 9. In the case of dealer financing through FMCC, the customer executes an installment sales agreement to both purchase the vehicle and obtain financing through FMCC. 10. In return for the dealer placing customer financing through FMCC, the dealer is entitled to retain the difference between FMCC's buy rate and the installment sale rate to be paid by the customer. This difference is calculated upon the amount financed for purchase by the customer and is accounted for monthly by FMCC on behalf of the dealer in a dealer reserve account maintained by FMCC. Reserve account statements are prepared by FMCC and sent to dealers monthly. 11. In cases where FMCC is made to suffer losses due to, among other things, prepayments, repossessions and/or writeoffs on customer accounts, the dealership is backcharged an amount of the uneamed reserve attributable to the customer account. In cases of repossession, the entire amount of the reserve is backcharged regardless of the amount of the customer payments. 12. Under the DPW Plan, once a customer has made a minimum of three installments to FMCC, a dealer in the plan is no longer subject to chargebacks. In exchange for not suffering any chargebacks to its dealer reserve account under the DPW Plan, the dealer agrees to surrender an agreed percentage of the rate differential between the buy and sell rate to FMCC. The calculation ofthis rate differential is done by FMCC. 13. On January 2, 1992, Curtis accepted FMCC's offer to enroll in the DPW Plan and in fact was enrolled in the DPW Plan by FMCC. A copy of the DPW Plan contract between Curtis and FMCC is already in the possession ofFMCC. 17409-1 a-~ . - , - ~, .' I, _I' '. - ,,~ -,- ,-", ",., ,--" t-Wi'_" . 14. At all times material hereto, Curtis assumed and relied upon the representations by FMCC that its dealer account would be and in fact was properly being adjusted under the DPW Plan from the time of Curtis' enrollment on January 2,1992. 15. In 1997, during a meeting between Curtis and regional representatives ofFMCC to discuss the status of Curtis' dealer financing, FMCC attempted to offer Curtis the opportunity to enroll in the DPW Plan. Curtis immediately informed FMCC that it was already enrolled in the program. Within days of this meeting, Curtis personally provided to these FMCC representatives copies of the original DPW Plan documents that had been executed between the parties on January 2, 1992. 16. Upon realizing that the FMCC regional representatives could not recall Curtis' enrollment in the DPW Plan, Curtis reviewed his monthly dealer statements from FMCC to determine if its account was being adjusted properly. 17. Upon reviewing its monthly statements, Curtis realized that despite its enrollment in the DPW Plan on January 2,1992, FMCC was improperly assessing chargebacks to Curtis' account in breach of the DPW Plan agreement. 18. Curtis immediately informed FMCC's regional representative of the improper chargebacks to its account and demanded the return of monies improperly kept by FMCC. 19. Despite Curtis' repeated demands that FMCC reconcile its records to adjust for enrollment in the DPW Plan, FMCC has refused to date to either reconcile its account with Curtis and/or refund to Curtis those monies improperly withheld on Curtis' dealer reserve account. 17409-1 ~ - ; , . .L !+ I:, , ""-=-' -k.;,'''' - -,", - """'''' ~- ~ ..j .';i 20. In fact, even after being told of its error in 1997, FMCC has continued to improperly chargeback Curtis' account in continued breach of the DPW Plan executed between the parties on January 2,1992. 21. FMCC has been and continues to be in breach ofthe DPW Plan agreement between the parties and has caused Curtis to suffer financial losses estimated to be in excess of $150,000. 22. FMCC is liable to Curtis for damages resulting from its breaches of the DPW Plan agreement. WHEREFORE, the Plaintiff Curtis Ford Mercury demands that judgment be entered in its favor and against Ford Motor Credit Corporation in the approximate amount of $150,000, together with interest, costs of suit, attorney fees, and such other and further relief that this Court deems just and proper. Respectfully submitted, Victor P. Sta . e, sq ID # 37449 Dilworth Paxson LLP 305 N. Front Street, Suite 403 Harrisburg, PA. 17101 (717) 236-4812 Dated: September 5, 2001 17409-1 ~, I, '.. -" ~.I_ i c,,_, _ VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa.C.S. 94904, I hereby certifY that I am the President of Curtis Ford Mercury, and am authorized to make this verification on its behalf, and further, that the facts set forth in the foregoing are true and correct to the best of my personal knowledge, information and belief. Date: 7' /7 ~ I ~iL/~,( Curt arber -------- .' ~ 'k~"'';''k;' = .-,.il ~ . ~ ',.-- ..."...:... "~,,;i-(; . CERTIFICATE OF SERVICE I hereby certifY that I have served a true and correct copy of the foregoing upon the following by first-class mail, postage prepaid: David E. Stem, Esq. Wolf, Block, Schorr and Solis-Cohen LLP 1650 Arch Street Philadelphia, PA 19103-2097 Dated: September 7, 2001 iIJi' Jjj!RJ~!!o.'Jhi'~Wl!i~l";r.",'llilr;4fli[,~~~~iWri,,,j!,$:"hsb_,!,-~~t,;~~tw<t1I~~~~&i!;:ti~)~i'a<i~ '''''''~''''''i11' "'~ ~~ e~"N ,~,~,~~,,_~_~, H~. .~ ~,=' .. . )jMjl;11"-l![I ~r""~I:;"""'-~" ,-~.rl '....";;'" ~." '~"' < h" , . () a ~ c "U~ en -., J"T1m M "r~ -;;> -,-. v i-'~'~ ;:! ~~~ 4.t "_-rrn ~.l': <::> "j";C' ....L j-;~6 C;c'j -:2 )> :~~=R 20 ~. ()o .-0 )>c W 2m 0 ~ --; '=> ~ C7\ -< ::