HomeMy WebLinkAbout07-2565ARBITRATION 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
(215) 789-7161
FORD MOTOR CREDIT COMPANY
P.O. Box 6508
Mesa, Az 85216-6508
Plaintiff,
V.
RODNEY V FAUCON
22 Crecent Dr
New Cumberland, Pa 17070
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.
Defendant(s).
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
Case No. 01 - .2 TLS atC! i C l C
CIVIL ACTION COMPLAINT
AVISO
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 In
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 tomara medidas y
puede continuar In demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del demandante
y requiere que usted cumpla con todas las provisioner de esta demanda.
Usted puede perder dinero o sus propiedades u otros derechos
importantes para usted.
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.
LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE.
SI NO TIENE ABOGADO O Sl 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
(21J) /uy-/101
FORD MOTOR CREDIT COMPANY
P.O. Box 6508
Mesa, Az 85216-6508
Plaintiff,
V.
RODNEY V FAUCON
22 Crecent Dr
New Cumberland, Pa 17070
Defendant(s).
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
Case No. 6'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, Rodney V Faucon, is an individual who resides at 22 Crecent Dr New
Cumberland, Pa 17070.
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 July 26, 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 $39040.16 at an annual percentage rate of 8.250%, in order
to purchase a certain motor vehicle, 2003 Ford Windstar 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 $472.48 for a period of 72 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 June 20, 2006, 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 $7200.00, however a balance of
$10100.01 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 $279.91 and which will continue to accrue.
11. The total amount due and owing at the time of the filing of this complaint is
$10379.92.
WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in
the amount of $10379.92, 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, C.
C LENE 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: , aAd?ik&
CHARLENE A. TAYLO , ESQUIRE
DATED: April 24, 2007
oouuavt VAMU QIMPI E INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 07/26/2003
Buyer (and Co-Buyer) Name and Address (including County and Zip Code) CREDITOR (Seller Nanw and Addnm) JUL 2 8,1
RODNEY V FAUCON MCCAFFERTY FORD toe
22 CRECENT DR 6320 CARLISLE PIKE
_ NEW CUMBERLAND PA 17070 MECHANICSBURG PA 17050 J j-
r ..r,w. n.,ersresd halo fen cash or - eeda. The -Cosh Moe' shown below Is the o uA price of the vanlere. TM
"Told Sets Pow" shown below N the trade prlw. By alanitg this eaNrack you crease to buy an credit under the tenements - uw front and back or this corns.
New/Ussd Year are Masks Mold (,VW 11 Tnldt loll. VahkM IdxniRmtion Number Use For Which Purdwow
2003 2FNZA514736A53621 XM Personal ? Agncrawal
NEW FORD TRUCK 11 INDSTAR ? commercal
INSURANCE
Tmoe-In 2002 HYUNDAI s 9693.08 s 9693.08 YOU MAY OBTAIN VEHICLE INSURANCE
Year and Make Gross Allowance Amount Owing
ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE.
1. Cash Price ..................................................................................... ....... $ 29669.00 (1)
2. Down Payment
Third Party Rebate Assigned to Creditor ............................
$ 5000.00
Cash Down Payment ................ -............................................ MIA
Trede-in 2002 HYUNDA S 9693.08 $ 693.0 $ 0.00
--- Grm,a,.ac. wha,.e 0...e
Total Down Payment ................................................. -._....... '
......... $ 5000.00 (a)
3. Unpaid Balance of Cash Price (1 minus 2) ........................... ......... $ 24669.00 (3)
4. Amounts paid on your behalf (Salley may be retaining • portion of then amounts)
To Insurance Contpunlars fair
Credit Lose Insurance (for farm of contract) ............. ._..... ... $ NIA
Credit Disability Insurance (for term of contract) ....
Months (Est...i....mat
(/A
rvnNLA
T ... NIA
e) $
J
e
_
I
d
n
To Public Officials (i) for license tine ($
registration ($36-.-00 ) fees $_ 68-50
; ),
(ii) for filing tees $ 5 - 00
(or taxes (Trot In Cash Price) S 1506.14 $ 1579.64
To f14W-d_for XXXXXXXXXXXXX GAP S 350.00
To NIA for N/A S N/A
To MrrAFFFRTY FORD forDOC FEE t 55,001 Es 44.00
To NIA for N/A $ N/A
Total ............................................................................................ ........ $ 2023.64 (4)
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Financed Payments Price
RATE The dollar amount The amount of The amohat The total cot
The cost or our the oleos will crew Provided, to you we hew of your purchase on
Y cost you you or on your paid when you cram,
credit as a yeah rate behalf have made AN including your
s ,hodulad dig
paymanis of $
A 2S % $ 234] W2- s 26692.64 34040.1 6 s 3904- 016
Payment Schedule Number of Amount of Each When Payments
XIP Payments PaY!^!nI are due
Your payment schedule _71 $ 472. 7$- (morahry starting)
will be: Ilinal $ 472-78 09109/2003
art, -11 sent; it you pay oh your debt early, you will not have to pay a penalty.
Lab Payment: You mwt pay a We charge on the portion of each payment received more
then 10 days late. The charge Is 2 percent of Ore tae amount or 150.00 ~ever is lass.
Security Memel: You are oft a security interest in the vehicle being purchased.
Contraek Plateau sea this contract for additional Information on security Interest, nonpayment
default the right to require rpaymard at your debt In adi beicre she scheduled date. end,
prepays pity.
N you do net meet your contract obligations, you may lose tow vatide Odil you are firian eig under this contract.
as well m both pW and goods Put on go vehicle and money of goods nMZived for the vallide.
NON-MODIFICATION DISCLOSURE
Any change In 11,11^3 dorwact must be in Wdtig and signed by you and the Creditor.
SIG?PI$R:?'? L Gil CO?BINER: X
YOU ACKNOWLEDGE THAT YOU HAVE READ A? A EE TO BE BOUND
BY THE ARBITRATION PROVISION ON THE REVE?E 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 (1) before aI rein' this
c ntret:t, Buyer (and Co-Buyer) received an rev a rue
an -completely filled In copy of this contract and 01) at the
time of s nin this contracl. Buyer (and Co-Buyer) rem-Tv-6d
a true an completely fillecHn copy of this contract.
Ter n_ h._ x
BR1/ 1RpN8 - ( BUYER Ions
Cradill
By vinpbft below, 00 parlor _accepeas ON oatmeL alnpolaother A=Igmo a named in a aspaala
nweas? MCLAFFERORO thp8pa I ? !
YOU ARE NOT REQUIRED TO OB'
CREDIT LIFE, CREDIT DISABILITY
OTHER OPTIONAL INSURANCE.
CONTRACT WILL NOT INCLUDE T
UNLESS YOU SIGN AND AGREE TO
THE PREMIUM.
THIS CONTRACT DOES NOT INCL
LIABILITY INSURANCE COVERAGE
BODILY INJURY AND PROPS
DAMAGE CAUSED TO OTHERS.
? Credit Lite NIA
Insurer
$ N/A
Premium Insured(s)
Signature
Credit
? Disability _N/A
Insurer
$ N/A
Premium Insured
Signature
? N/A N/A
Other Optional Insurance Term
N/A $ N/A
Insurer Premium
Signature
Credit Lose arM Credit DlrWllryty Irhrance are
for the reran of the contract Th. awrohwhl and
coverages are shown In a ru flw or egreemsrd
given to you today.
You must Insure the vehift It a charge is
shown below tl1e Creditor will " to buy the
co"coveraes will be based like ccaan v ellue of
V. whisk at tYm of loss, but not more then
the limits of the policy. - .
? Comprehensive ? S N/A Deductible
Collision
? Ere- Thant-Combined AddaBnal Coverage
? Towing 01 r
? Term Months (Eatimare;
Premium s
MOM Cancelled- Wader Addendum (OPMA
N his boa is dwdned you have Purchased a debt
ranwllahon we", Pwthae of his coverw is
end tlcend?laeB awls d1a ra taemh?wmlw The W= am og
Wrht In De ahatlud Addendian wNdf B hrWlporWd
lift toss contract The price for hie deal rarhesnow
waiver is ad fore on gee txranet in the hemlration
of Amount Finned under Sudden, 4
B VZ PL-?/L/
Program No.
QUESTIONS?
PLEASE CALL US AT 1.900-727-70M
or
Visit us at wwwJwgcredtt.com
owl
Fr.1710?-Si ad m invwas amen. nwv br wsdJ SEE BACK FOR ADDITIONAL AGREEMENTS
Pn
ORIGINAL
--- - - - ------------
EXHIBIT
A
ADDITIONAL AGREEMENTS
., .\ ?. ,
A. Iprytments and Summary Notice: You must make all
payments In U.S. funds when they are due. You may prepay )roar
debt at any Ilene without penalty. This Is a si
The actual finance charge you agree to p
payment patients. The actual finance _Eg Flo. i Val;
disclosed Finance Charge g you rhike yodryayPofalfallbllb111h)glt{
the scheduled sates or In less than the scheduled amount. The
Creditor will apply your payments host to the earned and unpaid
part of the Finance Charge and than to the Amount Financed. The
Creditor earns the Finance Charge by applying the Annual
Percentage Hate to the unpold Amount Fin for t a 0
time the unpaid Amount Financed is ,xastennikfg•`wewa .
repossessed, you will not have a right to reinstate the contract
unless the Creditor agrees.
rn:.ediF
0. Security Interest: You give the Creditor a security interest in:
1. The vein de and all parts or other goods put on the vehicle;
2. All money or goods received for Ore vehicle: and
?t:
3. All Insurance premiums end service contracts frnanCljoP(nS
This secures payment of all amounts you owe in this contract. It ;,i '
siso secures your other agreements in this contract. Al N
C. Use of Vehicle - WARRANTIES: You must take c.99-09
the vehicle and obey an laws in using h. You may not Sell or rent
the vehicle, and you must keep It free from the darns08ofhiW..
You will not use or permit the use a the vehicle outsIM 0I(VII
United States, except or up to 30 days in Canada or Mexico.
without f prior written consent of axa .Creditor. If the vehicle is
of a type normally used for pereonet use and the C_ t E
the vehicle's manufacturer, extends a written warr t r
service contract covering the vent within go deya f
dab of this contract, you get ImpOW warrentte6\161
merchantability and flthAss for a particular purpose covering
the vehicle. Otherwise, you understand and agree that there
we no such Implied wormntleA-, N
0. Insurance: You must insure yourself and the Creditor adalndf \ - 1
loss or damage to the vehicle. The Creditor must approv;RcAh®.'f.
type and amount of Insurance. If the Creditor obtains a refupq Rn
lnsuance or service contracts, the Creditor will subtrhu(„t)q,
refund from what you owe. Whether or not the vs.. Is,
Insured, you must paj \`or It If It. Is lost, damaged; 'Or
destroyed. h 1. 0J'_
It a charge for vehicle insurantel is shown on the front, the
Creditor will try to buy the coverages checked or the term shown.
The Creditor is not kable, though, g he cannot do so. Ifthose
coverages cost more than the amount shown or Insurance, the
Creditor may buy them for a shorter term or he may give you
credit lot the amount shown. if he cannot buy any Insurance. he
will give you credit or the amount shown. The crack will be made
to the nest payments due. ,;1 If
E. ,Late Charge: You will have to ,,a late chygea
pd?tlolh of each payment made more an ten dxaYYrd?44a
charge is shown on the front. Acceptance of a lets pay"nLWI&L
not excuse your default or mean that you can keep making
payments after they are due. The Creditor may take the steps set
forth in this contract, if there is any default.
F. Default: You will be in default it.
1. You do not make a payment when qjs "i or
2. You gave false or misleading intormalbl(•on j*uXc1aii6.1
application relating to this contract; or ! ] 111113s',, 2c
3. Your vehicle is seizeckWAry IpCPI, SWR,]grtaip)al N P
authority and is not promptly and unconditionally
refumed to you; or
4. You file a bankruptcy petition or one Is filed against you; or
5. You do not keep any other promise In this contract.
If you are in default, the Creditor may require rd. to pay at orcd)i r t
the unpaid ArooureF1n8h0i the eared aril ripald part of the
Finance Charge and all other amounts due under this ??[c?aontract.
tot r ill ept... In back) the v n
ehip ,,Flo e'a94 and
e found n or on the vehicle n'
hold them for you.
11 the vehicle Is taken back, he will send you a notice. The notice
wig say that you may redeem (buy back) to vehicle. It wig also
show the amount needed to redeem. You may redeem the
vehicle up to the time the Creditor sass it or agrees to sea It. It
you do not redeem the vehicle, it will be add.
The Willq,yvill use 01W.9"WMMAROft I the allowed
expenses, to pay the iinount still owed an Ina contract.
Expenses paid as a direct result of Having to retake the vehicle,
hold it or sale, and sag it are, as permitted by law, allowed
expenses. Lawyers' fees and legal costa permitted by law are
allowed, too. The Creditor will pay you any money left (a
septa;). You will pay any money still owing after the sale to the
Creditor. d you do not pay this amount when the Creditor. asks,
the Creditor may charge you interest at the highest lawful rate
until you pay. A.11 A\N
CC. L$nsumer Reddrts%You authorize Ford Motor Credit Conn
pany to obtain c credal repolo (ten consumer reporting
agencies (credit bureaus fora tyyeison and at any time in con-
nection with " s oOV?gt. .
M. Geh"l: fiX yoo)na8 0ar4%iaot r Credit Company word this
account, call 1.900-727-7000. Abo, you. may make address and
qbOrs"I sylvanite applies to No riaRGt..fl ntthe law ??d not sallow a? of the
agreements In lift contract. me bnes that are not allo*Q will be
void. The rest of this contract wig still be good. - -
.r
NOTICE • ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT
AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY
THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER. _
Used Motor Vehicle Buyers Guide. If you are buyl' a used
vehicle with this contract. tedeml regulations may require a
special Buyers Guide to be displayed on the window of the
vehicle. Tit ?l?ORMATION YOU-',SEE ON THE
1?N??t1,D?OW RORIE FOR THIS VEHICLE IS PART OF
sly 1tON*.RA'&-. INFORMATION ON THE WINDOW
FORM OVERRIDES ANY CONTRARY PROVISIONS
IN THE CONTRACT OF SALE.
GUARANTY
To cause fits Seller to sell the vehicle descfbed on the front of this contract to the Buyer, on credit, each person who signs below as
a 'Guafaniftir guarantees the payment of this contract. This means that g the Buyer fails to pay any money that Is owed on this
contract, each one who signs as a guarantor will pay it when asked Each pereon-who signs below agrees that he will be liable for
the whole amount owed ever g one or more other persons also signs this Guaranty. He also agrees to be gable even g Me Creditor
does one or more of the following: (a) gives the Buyer more time to pay ono or more payments, or (b) gives a release in fug or in part
to any of the other Guarafkors, or (c) releases any security. Each Guarantor also states that he has received a completed copy of this
contract and this Q4*arsy at the time of signing. -
Guarantor Address
Guarantor Address
Arbitration is a rtetitod of reedw' any claim, dispute, or controversy (eolleotlvahr, a 'Claim') without filing a lawsuit M court. Either you
or Creditor (us' «'wa')) (each. a 'PW may choose et arty lime. Incl dng aMr a lawault Is tied. to have any Claim related o Otis con-
tract decided by aeatradorh Such Claims include but we net limiWd to the followinngg 1) Chime in contract. tort. rree"ory or afMrnisa; 2)
Claims regarding the Interpretation, scope, or "Ift of this clause, or arbitrabgHy of any law; 3) Calms beiweeo you and us, our
employees, agents. successors, assigns, subsidiaries, or affiliates: 4) Claims ariakq out of or relating to your application for crack, this
contract, or any resulting tremsaal«x or relationship, mctudrg that with Me deafer, or any such relationship with third pertles who do not
sign into contract.
RIGHTS YOU AND WE AGREE TO 61VE UP
n timer you or era troves to arwaahe a ?.rnm, then you and we agree to waive the following rights:
• RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY
ROW TO PARTI
CLASS AGAINST US TYiICIPAT COURT OR IN PRESEN T TI E OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE
ETHER
• BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSM
RIGHT TO APPEAL THE DECI810N OF AN ARBITRATOR
OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT
RIaMS You & We Do Not Glw Uo: If • Claim is arbitrated, you and we will continue to have the following duets, without waving this
re i provBan as to any t;w m h) p? to (fie be in rxlM; 2) Flight to enom the security ktaraal. n themenids, whether
by repossession or tvou9fr a cowl of iaw:3)qpM to t kit action w enforce me ardlraors aeeleiorh: and 4) Right eo reyaeat m.i i.
cant a low review whether tine arbitrator exraerled ft eh t .
Either Party must contact any association below and the other Party to alert arbitration.' The applkmbll, 4" j R1 %", 3'fmay be
obtained kon the association. - .. . ' .
American Arbitration Association ('AAA), at 1-800-778-7579, or www.aN.o?g:
• J.A.M.SJEndispufe, at 1-aDD. 4 1550, «www.)anm"r.oom;
NatbrW Arbitration Forum, at 1.800474.2371, or www.arbJonan.oom.
If there Is a coMgcl between fro Rubs and this conVBbt, this contract shall govum. This cordraat Is subpc to the Federal Arbitration Ac
(9 U.S.C. g 1 at seq.) and the Federal Rules of Evidence. The arblesiton decision 00 be in writing with a supporting opinion, we will
pay your total reasonable arbitration fees and expenses (not Including attorney fees, except whin applicable kw otherwise provides) in
excess of $125. We will pay the whole Ring feed we demand arbtration first. Arry portion of this arbttraWn clause that is uneM.xceable
iPmNe Ierlo,e mrr •• urral
FC 17fiv-V AA T,
PA
Ford Motor Credit Company
P.O. Box 31111
Tampa FL 33631-3111
877-349-5260
PWPSR00101121
RODNEY V FAUCON
22 CRECENT DR
NEW CUMBERLAND PA 17070
Date of Notice Account Number
October 04, 2006 00000034935785
Description of Property
Year Make Model
2003 FORD WINST
Vehicle Identification Number:
2FMZA51473BA53621
Date of Contract Current Balance (Net to close and
unpaid late charges)
Jul 26, 2003 $ 16,890.95
CURE DATE- October 16, 2006 '
NOTICE OF DEFAULT AND INTENT TO REPOSSESS
This is your notice that you've broken your contract.
Overdue Payment(s) Due Date Amount Due
August 09. 2006 $ _ -.462,56-
September 09, 2006 472 78
Late Charges/Other Fees Due .........
TOTAL AMOUNT NOW DUE
(Not including amounts that become
due after the date of this notice)
$ 28.17
$ 963.51
If you don't pay the TOTAL AMOUNT NOW DUE by the CURE DATE stated above, we plan to repossess the above described
property. If we do, you'll have the following rights.
RIGHT TO GET YOUR PROPERTY BACK:
You can get your property back by paying the net unpaid balance plus costs of repossession. Your balance now is stated above. If
you do that before the property is sold, it will be yours. We'll have no further claim on it. This is called your right to "Redeem".
Your property will not be sold until at least 15 days after we repossess it. You can get it back by paying the balance plus costs any
time before it's actually sold. The longer you wait, the more costs (including repairs) you may have to pay.
RIGHT TO MONEY LEFT OVER FROM SALE:
When your property is sold, the sale price minus expenses will be deducted from your debt. If any money is left over, it must be
paid to you within 45 days after the sale. If you don't get this money, you may have a right to sue for it, plus penalties, under state
law.
In some areas, we return repossessed property to the dealer/original creditor who sold the property. If we do that with yours, our
agreement with your dealer/original creditor says that the dealer/original creditor is to sell it and pay you any money left over.
INSURANCE RIGHTS:
If we repossess your property, all insurance should be cancelled. You have a right to get credit for all premium refunds.
REMAINING DEBT:
The sale price might not cover your debt and expenses. If that happens, you'll owe the difference to us or the dealer/original
creditor.
If you want to know more about these matters, please call us.
Ford Motor Credit Company
MICHAEL DENTATO
NOTICE: The acceptance by us of these or other late payments does NOT waive our right to repossess or take other appropriate action,
WITHOUT NOTICE, if you fail to make future payments on time. YOU ARE REQUIRED TO MAKE ALL PAYMENTS ON TIME.
FFNA 11988-37 08104 Previous editions may NOT be used.
EXHIBIT
...PRN"'
Ford Motor Credit Company
P.O. Box 31111
TAMPA, FL 33631-3111
(877) 3495260
POGXZT00200018
RODNEY V. FAUCON
22 CRECENT DR
NEWCUMBERLAND PA 17070
Date of Repossession 10-16-2006
Date of Notice
10-19-2006 is of Contract
07-26.2003
Account Number: 034935785
Buyer RODNEY V. FAUCON
Cobuyer
DESCRIPTION OF PROPERTY
Year
2003 Make
FORD Q New
? Used
Vehicle Identification Number:
2FMZA51473BA53621
Model
WINST Body
WAGON
NOTICE OF OUR PLAN TO SELL PROPERTY
We have your property described above because you broke promises in our agreement.
F? 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.
F-] PUBLIC SALE: We will sell the property described above at pubic
sale to the highest bidder on the date below (or any adjournment
date) The sale will be held as follows:
M. of Sale Time of Sale Place of Sale
You may attend the sale 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: MANHEIM AUTO AUCTION
1190 LANCASTER ROAD
HOW TO GET YOUR PR®ROfIIft13ACK
To get your property back, pay us this amount by certified check or
money order before the vehicle is sold.
Unpaid Balance $ 16,919.34
Plus Costs: Repo Expenses $ 200.00
$
Plus Late Charges $ 28.17
Less Finance Charge Rebate $
Less Insurance Premium Rebate $
TOTAL $ 17,147.51
(Plus expenses incurred if default at the time of repossession exceeded
16 days and less rebate received after the date of this notice.)
Your property won't be sold urAA 16 days after the date of this notice at
the EARLIEST. After that you can still get A back any time before irs
actually sold.
If you do, we'll have no further claim on A. But the longer you wait, the
more costs (including repairs) you may have to pay.
If you have any questions about this, please call us.
? The property has been (or will be) returned lo:
(dealerlongrnal creditor)
Under our agreement with your dealertoriginal 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 dealerlorlglnal 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 reepect to the sets of each vehicle listed above
PAYMENTS: All payments to us must be by certifed check or money order.
MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicle's odometer is not accurate for arty reason, please contact us so that vie
can accurately report the vehicle's mileage.
INSURANCE RIGHTS: If you don't want to get your property back, call the insurance company or the dealer/original creditor to make sure that any insurance
has been cancelled. You have a right to get credd for all premium refunds.
MICHELLE L. HEAPS
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A-034935785
RODNEY V. FAUCON `7006 2150 Qp05 1676 2496 U1018/20594523
22 CRECENT DR --- MA-039456543 `-71106 _ a
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NEWCUMBERLAND PA 17070 BERNADNE C. MYER??' - 0005 Z
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92 CLAYTON COURT RD ?J
WASHINGTON PA 15301
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Ford Motor Credit Company
P O BOX 31111
TAMPA FL 33631-3111
877 3495260
DATE: 2006-12-21
P07WTA00000081
RODNEY V. FAUCON
22 CRECENT DR
NEW CUMBERLAND PA 17070
STATEMENT OF SALE
Account Number: 034935785 _
The following property has been sold. "
Year Make Model Vehicle Identification Number:
2003 FORD WINST 2FMZA51473BA63621
Balance owing on your contract (1) $ 16,947.51
Deduct: Finance Charge Rebate (2) $ 0.00
Balance less Finance Charge Rebate (1 -2) (3) $ 16,947.51
Deduct: gross proceeds of the sale (4) $ _7200.00
Balance less gross proceeds of the sale (3 - 4) (5) $ 9,747.51.
Add: Expenses of retaking and storing, and (6) $ 426.00
any attomeys' fees allowed by law, and
expenses of reconditioning and selling.
(7) $ 0.00
Deduct: Insurance Premium Rebate
(8) $ 73.50
Other:
(9) $ 10100.01
Deficiency**
(10) $ NIA
Surplus*
The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest
added to your account (debits).
i
Surplus* or Deficiency**
* If the sale resulted in a surplus, a refund for the difference will be mailed to you.
If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for
payments shown below.
For additional information call or write: Mail deficiency payment to:
Ford Motor Credit Company Ford Motor Credit Company
P.O. BOX 6508 DEPT 194101
MESA ARIZONA 85216-6508 P.O. BOX 55000
(800) 732-2264 DETROIT MI 48255.1941
FFNA11990 01104 Previous editions may NOT be used.
EXHIBIT
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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
Attorneys for Plaintiff
(L 1 J) / 739- / 101
FORD MOTOR CREDIT COMPANY LLC, A
DELAWARE LIMITED LIABILITY
COMPANY
Plaintiff,
V.
RODNEY V FAUCON
Defendant(s).
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
Case No. 07-2565 Civil Term
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Kindly withdraw the Complaint originally filed with the Court on 05/03/2007, without
prejudice .
MAURICE & NEEDLEMAN, P.C.
BY: CaT
CHARLENE TAYLOR, ESQUIRE
Attorney for Plaintiff
Date: February 19, 2008
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CCs :?-?
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