HomeMy WebLinkAbout07-2091ARBITRATION MATTER
ASSESSMENT OF DAMAGES
HEARING NOT REQUIRED
MAURICE & NEEDLEMAN, P.C.
BY: Joann Needleman, Esq.
Identification No. 74276
Charlene A. Taylor, Esq.
Identification No. 203920
935 One Penn Center
1617 John F. Kennedy Blvd
Philadelphia, PA 19103
Defendant(s).
21-1))"/89-7161
FORD MOTOR CREDIT COMPANY
P.O. Box 6508
Mesa, Az 85216-6508
Plaintiff,
V.
SHAULL EQUIPMENT & SUPPLY CO
100 Market St
Lemoyne, Pa 17043
CIVIL ACTION COMPLAINT
AVISO
NOTICE
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 OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
e w`L
Case No. 07 - ?6? (
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta asentar una comparencia escrita o en
persona o can un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomam medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Adernas, la corte puede decidir a favor del demandame
y requiere que usted cumpla con todas las provisions de esta demanda.
Usted puede perder dinero o sus propiedades u otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE.
SI NO TIENE ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
(717) 249-3166
MAURICE & NEEDLEMAN, P.C.
BY: Joann Needleman, Esq.
Identification No. 74276
Charlene A. Taylor, Esq.
Identification No. 203920
935 One Penn Center
1617 John F. Kennedy Blvd
Philadelphia, PA 19103
ARBITRATION MATTER
ASSESSMENT OF DAMAGES
HEARING NOT REQUIRED
Attorneys for Plaintiff
(215) / 69- / 161
FORD MOTOR CREDIT COMPANY
P.O. Box 6508
Mesa, Az 85216-6508
Plaintiff,
V.
SHAULL EQUIPMENT & SUPPLY CO
100 Market St
Lemoyne, Pa 17043
Defendant(s).
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
Case No. 0 7- ,Lo ! ett' -j ¢"`
CIVIL ACTION COMPLAINT
1. Plaintiff, Ford Motor Credit Company, is a Corporation with its place of business
at P.O. Box 6508 Mesa, Az 85216-6508.
2. Defendant, Shaull Equipment & Supply Co, is a corporation with its place of
business at 100 Market St Lemoyne, Pa 17043.
3. At all times relevant, the Plaintiff was in the business of loaning money on motor
vehicle installment sales contracts, including but not limited to the note signed by Defendant(s),
hereinafter more fully described.
4. On or about May 1, 2003, the Defendant(s) entered into a written Motor Vehicle
Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of
obtaining financing in the amount of $29,358.40 at an annual percentage rate of 2.900%, in order
to purchase a certain motor vehicle, 2003 Ford F-250 more particularly described in the Contract
(hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as
Exhibit A.
5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in
the amount of $526.64 for a period of 60 months until the loan was paid in full all as is more
fully set forth in the Contract.
6. Defendant(s) made monthly payments until December 12, 2005, but has failed to
make any further payments thereafter, and are therefore in default of the Contract.
7. As a result of the default by Defendant(s), and pursuant to the terms of the
Contract, the above-mentioned vehicle was repossessed and a notice of repossession was sent to
the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice
of the sale date. A copy of the notice of repossession and notice of sale date are attached and
marked as Exhibit B.
8. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at
auction with a credit given to the Defendant in the amount of $12300.00, however a balance of
$3245.97 is still due and owing, and a notice of the deficiency balance was sent to the
Defendant. See copy of the notice of the deficiency balance attached and marked as Exhibit C.
9. Pursuant to the terms of the contract, Defendant is required to pay all amounts due
and owing, including any balance that may remain after the sale of the vehicle, and the
Defendant failed to do so, thereby in default of the Contract.
10. In addition to the foregoing, there is interest due and owing on the deficiency
balance which at this time amounts to $33.53 and which will continue to accrue.
11. The total amount due and owing at the time of the filing of this complaint is
$3279.50.
WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in
the amount of $3279.50, well as any additional interest and costs that may accrue and such other
and further relief as this Court may deem equitable and just.
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
? /? /// / / 11411,1mbl -
A A. TAYLO SQUIRE
Attorney for Plaintiff
VERIFICATION
I, CHARLENE A. TAYLOR, ESQUIRE, verify that I am the Attorney of record for
Plaintiff, FORD MOTOR CREDIT COMPANY, and duly authorized to make this verification
on its behalf; that statements made in the foregoing Complaint are true and correct to the best of
my knowledge, information and belief.
These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to
unsworn falsification to authorities.
BY:
C LENE A. TAYL , ESQUIRE
DATED: March 30, 2007
PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT 13117 DATE 05/01/2003
Buyer (and Co43uym1 Name and Address (including County and ap Cod" CREDITOR (Se1W Name and Address) MAY 0 9 200
SHAULL EQUIPMENT b SUPPLY CO HOFFMAN FORD SALES INC
100 MARKET ST 5200 JONESTOWN ROAD a E
LEMOYNE CUMBERLAND PA 17043 HARRISBURG PA 17112 J) You. Do Buyer (and Co-Buyer, a ay), may buy the veldcle described below kw cash or on erode. The *Cash PAW' shown below 4 the cash price of the va kle. The
`Teal Seel Price" shown below Is the omdn pdoa By signing this conbeet; you choose to buy our credit under the agreements on the &am anti back of this conlraeL
I NEW I FORD I F250 4XJI ( 1FTNF211.63EB87363 I ?^Commedal C3 Agricuhael I
Trado4n $ N/A s N/A
Year and Mahe crone alolrence a, tolaa Owing
ITEMIZATION OF AMOUNT FINAkEIp
( )
1. Cash Price ».»».................... ».»........... »..... ».».».....».....»......_....»... $ 29340.0
T
2. Down Payment N/A
Third Party Rebate Assigned to Creditor ............ »»......... $
Cash Down Trade-in Paymeld.... ........ ......... _..... NrA$ .»....»..».......N/A $-?01A
Yaer end MW Gunn AlowwLr M.." owke
Total Down Payment»....»._»»....».»..»»..» .»... »....».»..___.... $ 2000. 21340.
S. Unpold Balance of Cash Price (1 minus 2)_.__...»» ......._._»._.» $ S)
'4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts)
To Insurance Companies for
Credit Life insurance (for term of contract) _ .............__._.. t N/A
NtA
Credit Dlsabfiky Insurance (for term of contract).--.--.... $--It/A
.'N/A [Term the (Estimate)) $
To Pubic Officials (1) for license (I we (s4--50-4. g
registration ($ 153.E $ 185.
(ii) for tiling fees $ 5.00
(Nit) for taxes (rut in Cash Price) $ 1765.40 $ 1955.90
To_N/A for Mesfanoer SeMce._._.._...... $
?
To 'j for --DOC FEE
To ROFFRAN for
-If/A
TTotal .... .............._._....... ._._....._.._._......._..._......._.._..:... $ S 2018.4??
3
prepayment PuWly- YOU MAY OBTAIN VEHICLE INSURAh
FEDERAL TRUTH4Nd.ENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Fhianced Payments Price
RATE The dollar amoum The amount of The .mane The row coat
The coast of . se acrid will credit provided to you will hlwe of your purchase on
credit as y? rate cost you you or an your paid when you crock
behalf haw made all indading your
scheduled
psymada of t
2,90% s 2240.0 29358 /0 -31598. 33598.
Payment Number of Amount of Each When PAY-ft
Q{Rypl? paymft. 4 are due
Your payment schedule a Oy $ -'-'3L6 6"4 (m?nthiy ste
$ `} !0/2
will be: I final
Prepsymwnk I you pay an your debt early. you will not have to pay a Penalty.
Labs Payment: You aWel pay a lave charge an the patbn of each payment feCMyad more
than 10 days two. The charge is 2 percent of the late amount or $60.00 whichever is less.
Security tntares8 You are giving a security interest In the vehicle being purchased.
Combeob Phe me we this =*act for additional Inforrrmtion on security interest, nonpayment
default, the right to reWre repayment of your debt In full before the scheduled date, ar d
FROM A PERSON OF YOUR CHOICE
YOU ARE NOT REQUIRED TO OBTAIN
CREDIT LIFE, CREDIT DISABILITY AND
OTHER OPTIONAL INSURANCE. THUS
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
Insurer
$ N/A
Premium Insured(s)
Signature
Credit
N/A
O Disability
Insurer
$ N/A
Premium Insured
Signature
N/A N/A
p Type of Insurance Tenn
N/A e N
Credit Ule and Crada Dlubillb Innurana we
for the term of um contract. The amend and
In a notice or agreswd
You must insure the vehicle. N a charge Is
shove allow the Creditor Witt "W to buy Bra
coverages Will on the
the csh value of
the vehlcIs at time of loss, but nut more tlmn
the limits of the popsy,
13 r?At7b
Comprehensive C3 $
=Sduclble
Collision
? Fire- Theft-Combined Add tonal Coverage
? Towing and I% ? Tam ? Hp . (Estimate)
Premium $ ?r?
COMMERCIAL VOWLES. The degs mown m ale More b" for hate paymwns applies otters the vehicle
Purchased has a vehku6r welgis d leas alit 15,000 poach ti the vahic'e you W closed has a gross QUESTIONS?
vehicela weight, 115.000 Pounds or more, you m>el pay a Taro charge on On portion of each payment received
000 thin 10 days Isle. The charge Is 4 percent 10, amourd or $50, whw~ is le".
"'PRN
Ford Motor Credit Company
P.O. Box 3076
COLUMBIA, MD 21045-6076
(800) 677-0730
P04ULX00200014
SHAULL EQUIPMENT & SUPPLY CO
100 MARKET ST
LEMOYNE PA 17043
Date of Repossession 05-03-2006
Date of Notice
05-05-2006 Date of Contract
05-01-2003
Account Number: 034478579
Buyer SHAULL EQUIPMENT & SUPPLY CO
Cobuyer
DESCRIPTION OF PROPERTY
Year
2003 Make
FORD Q New
? Used
Vehicle Identification Number:
1 FTNF21 L63EB87163
Model
F250 Body
4X4
NOTICE OF OUR PLAN TO SELL PROPERTY
We have your property described above because you broke promises in our agreement.
x0 PRIVATE SALE: We will sell the property described above at
private sale sometime after 15 days from the Date of Notice
shown above unless redeemed by you prior to such sale.
? PUBLIC SALE: We will sell the property described above at public
sale to the highest bidder on the date below (or any adjournment
date). The sale will be held as follows:
Date of Sale Ttnre of Sale Place of Sale
You may attend the sate and bring bidders if you want.
NOTICE OF REPOSSESSION
The money that we get from the sale (after paying our costs,
including reasonable attorney's fees and legal expenses if
permitted by law) will reduce the amount you owe. If we get
less money than you owe, you will still owe us the difference. If
we get more money than you owe, you will get the extra money,
unless we must pay it to someone else.
You can get the property back at any time before we sell it by
paying us the full amount you owe (not just the past due
payments), including our expenses. See How To Get Your
Property Back for an itemization of amount owing. To learn the
exact amount you must pay, call us at the telephone number
above.
If you need more information about the sale call us at the
telephone number above, or write us at the address above
If you want us to explain to you in writing how we have figured
the amount that you owe us, you may call us at the telephone
number above, or write us at the address above and request a
written explanation.
We are sending this notice to the following people who have an
interest in the property described above or who owe money under
your agreement: 1) The buyer and any cobuyer named above;
2) Any dealer/original creditor named below; 3) If there are other
people, they are named on an attachment sent with this notice.
The property is presently stored at: BEN RECOVERY BEN
RECOVERY ETTERS PA
HOW TO GET YOUR PROPERTY BACK
To get your property back, pay us this amount by certified check or
money order before the vehicle is sold.
Unpaid Balance $ 14,918.83
Plus Costs: Repo Expenses $ 38500
Plus Late Charges
Less Finance Charge Rebate
Less insurance Premium Rebate
TOTAL
$
$ 48.14
$ 15,349.97
(Plus expenses Incurred it default at the time of repossession exceeded
16 days and less rebate received after the date of this notice.)
Your properly won't be sold untl 15 days after the date of this notice at
the EARLIEST. After that you can stilt gel it back any tune before irs
actually sold.
If you do. well have no further claim on it. But the longer you wait, the
more costs (ncludkg repairs) you may have to pay.
If you have any questions about this, please cal us.
? The property has been (or will be) returned to:
Under our (dealer/original creditor)
agreement with your dealer/original creditor, the dealer/original creditor is to sell the property and pay you any money left over. If you owe money
after the sale, you will pay it to the dealer/original creditor.
? PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the next 60 days or, in accordance with state law, by
contacting this office. Thereafter, the personal property shall be disposed of accordingly.
? Creditor has assigned to its qualified intermediary (QI Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above
PAYMENTS: Al payments to us must be by certified check or money order.
MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the Vehicle's odometer Is not accurate for any reason, please contact us so that we
can acctxately report the vehicle's mileage.
INSURANCE RIGHTS: If you don't want to get your property back, call the insurance company or the dealerforl creditor to make sure that any insurance
has been canceled. You have a right to get credit for all premium refunds.
JESSICA A. SNYDER
FFNA 119M.37 Jeri e2 PreNars edilbns may Nor be und. CUSTOMER/CUSTOMER FILE
Printed in USA
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FERNDALE NY 12734-5134 ,.-- --
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MA-039898999
ESTHER F. WEAVER
00504120573005 7006 0100 DODO 5448 4841 - 227 SOUTHSIDE DR
MA-039895999 NEWVILLE PA 17241 ?. •` ` '
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100 MARKET ST
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1 CHAMBERSBURG PA 17201-3538
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See Privacy Act Statement on Reverse .
P3 Form 3877, FeDrll
ery 2002 IPeoe t of 2) ComoleM by Tvoewrltar. Ink or 8el1 Pnlne can -
Jun-28-2006 10:19 AM Ford Motor Credit Company 8473109490 3/7
Date: 612 8 12 0 06
SHAULL EQUIPMENT & SUPPLY CO Customer's Name
100 MARKET ST SHAULL EQUIPMENT & SUPPLY CO
LEMOYNE, PA 17043
Account Number
34478579
Vehicle Identification Number
1FTNF21L63EB87163
STATEMENT OF SALE
Account Number: ' 34478579
The following property has been sold.
- - X[ - - -- - M E Model Vehicle Identification Number
P295 ? i?e13t I o
Gross balance owing on your contrail
(1)
14,954.43
Deduct: Finance Charge Rebate (2) 0.00
Balance owing prior to sale
(3)
14,954.43
Deduct Gross proceeds of sale (4) 12,300.00
Balance less gross proceeds of the sale (3-4)
(5)
2,854.43
Add: Expense of retaking and storing, and
any attorneys' fees allowed by law, and
expenses of reconditioning and selling. (6) 558.04
Deduct: Insurance Premium Rebate (7) 0
Other. 0 (8) 0
Deficiency
(9)
3,212.47
Surplus
(10)
0.00
Deduct Amounts paid on
subordinate liens [11) 0
Adjusted Surplus (12) 000
The suplus/Aeflciency will change based on monies received by us (credits) or additional allowed expenses & Interest
0 Surplus Any surplus shown on line 12 will be paid to you.
X Deficiency The sale resulted in a deficiency. Immediately remit the amount shown on line 9.
0 Uncollectable, Deficency We cannot collect the deficiency shown on line 9. You are not liable for this deficiency.
0 Bankruptcy Surplus The Surplus will be paid to the Bankruptcy Trustee for distribution In compliance with federal bankruptcy law.
0 Bankruptcy Deficiency The deficiency will be handled in compliance with federal bankruptcy law-
0 Paid Surplus The surplus on One 10 WE be pakf to you.
For additional Information call or write
Mail deficiency payment to:
National Recovery Center Ford Motor Credit
POS 6508 P.O.Box 55000
Mesa, AZ BU16-65DB Drawer 55-166
(80D) 732-2264 ORIGINAL COPY Detroit, MI 48255.0166
FFNA 11990-19 Jul 01 previous editions may NOT be used
EXHIBIT
IXr
1
Q `C.J
=y :a7
Vol
SHERIFF'S RETURN - NOT FOUND
CASE 140: 2`007-02091 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT COMPANY
VS
SHAULL EQUIPMENT & SUPPLY CO
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
SHAULL EQUIPMENT & SUPPLY CO but was
unable to locate Them in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
the within named DEFENDANT
100 MARKET STREET
NOT FOUND , as to
, SHAULL EOUIPMENT & SUPPLY CO
LEMOYNE, PA 17043
100 MARKET STREET LEMOYNE IS VACANT.
BUSINESS IS DEFUNCT.
Sheriff's Costs:
Docketing 18.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
`!flit/b? ? 33.00
So answers;
R :"T mas Kline
Sheriff Cumberland County
MAURICE & NEEDLEMAN
04/16/2007
Sworn and Subscribed to before
me this day of
A. D.
MAURICE & NEEDLEMAN, P.C.
BY: Joann Needleman, Esq.
Identification No. 74276
Charlene A. Taylor, Esq.
Identification No. 203920
935 One Penn Center
1617 John F. Kennedy Blvd
Philadelphia, PA 19103
(215) 789-7154
Attorneys for Plaintiff
FORD MOTOR CREDIT COMPANY
Plaintiff,
V.
SHAULL EQUIPMENT & SUPPLY CO
Defendant(s).
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
Case No. 07-2091 Civil Term
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Kindly withdraw the Civil Action Complaint filed in the above matter, without prejudice.
Respectfully Submitted,
MAUE & NEEDLEMAN, P.C.
J,
Esq.
Date: February 7, 2008
70 ??7
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