HomeMy WebLinkAbout03-5287IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
Defendants.
CIVIL DIVISION
NO.
TYPE OF PLEADING: CIVIL ACTION
COMPLAINT
CODE - 011 - ASSUMPSIT
FILED ON BEHALF OF: Plaintiff,
Ford Motor Credit Company
COUNSEL OF RECORD FOR THIS PARTY:
DONALD S. MAZZOTTA, ESQUIRE
Pa. I.D. #11461
LAW OFFICES OF DONALD S.
Firm #742
938 Penn Avenue
Pittsburgh, PA 15222
MAZZOTTA, P.C.
(412) 471-0300
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
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 SHOULD 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.
Lawyer Referral Service
Court Administrator
4th Floor, Cumberland County Courthouse
S. Hanover Street
Carlisle, Pennsylvania 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
CIVIL DIVISION
FORD MOTOR CREDIT COMPANY,
Plaintiff,
vs.
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
Defendants.
PENNSYLVANIA
COMPLAINT - CIVIL ACTION
AND NOW, COMES the Plaintiff, Ford Motor Credit Company, by
its attorneys, Law Offices of Donald S. Mazzotta, P.C., and
respectfully presents its complaint in civil action against the
Defendants above-named upon a cause of action whereof the
following is a statement:
1. Ford Motor Credit Company is a corporation doing
business at PO Box 6508, Mesa, Arizona 85216, and is hereinafter
referred to as "Plaintiff."
2. Vincent E. Stackfield is
South Gettle Avenue, Shippensburg,
an individual residing at 224
Cumberland County,
Pennsylvania 17257, and Lynn W. Burke-Stackfield is an individual
residing at 224 South Gettle Avenue, Shippensburg, Cumberland
County, Pennsylvania 17257, and both are hereinafter referred to
as "Defendants."
COUNT I
3. Defendants entered into a written Lease agreement
(hereinafter "Lease") for personal property. Defendants agreed
to pay Plaintiff under the terms of Lease. A copy of Lease is
marked Exhibit "A", attached hereto and made a part hereof.
4. Plaintiff is the holder of Lease and is entitled to
payment under the terms thereof.
5. Defendants are in default for failing to pay in
accordance with Lease terms, and Plaintiff
amount of $11,389.78.
6. Plaintiff is entitled to interest
incurred a loss in the
from September 11,
2002 to October 3, 2003 at 6.000% per annum, totaling $750.84.
7. Demand for payment has been made upon Defendants, but
Defendants have failed or refused to pay.
8. Under the terms of Agreement, Plaintiff is entitled to
reasonable attorney's fees of 20.000% of the outstanding balance
due, in the sum of $2,277.96.
WHEREFORE, Plaintiff seeks judgment against Vincent E.
Stackfield and Lynn W. Burke-Stackfield in the amount of
$14,418.58, plus interest from October 4, 2003 to date of
judgment and costs of suit.
COUNT II
9. Plaintiff includes,
through 8 of its Complaint as
10.
by reference thereto, Paragraphs 1
though fully set forth hereunder.
Defendants purchased personal property and entered into
a written agreement (hereinafter "Agreement") for the purpose of
financing the purchasing of the personal property. A true and
correct copy of Agreement is marked Exhibit "B", attached hereto
and made a part hereof.
11. Plaintiff is the holder of Agreement and is entitled to
payment under the terms thereof.
12. Defendants defaulted for failing to make payments when
and as due, and Plaintiff incurred a loss in the amount of
$13,195.45.
13. Plaintiff is entitled to interest from October 22, 2002
to October 3, 2003 at the contract rate of 5.900% per annum,
totaling $1,724.63.
14. Demand for payment has been made upon Defendants, but
Defendants have failed or refused to pay.
15. Under the terms of Agreement, Plaintiff is entitled to
reasonable attorney's fees of 20.000% in the sum of $2,639.09.
WHEREFORE, Plaintiff seeks judgment against Vincent E.
Stackfield and Lynn W. Burke-Stackfield in the amount of
$17,559.17, plus interest from October 4, 2003 to date of
judgment and costs of suit.
BY:
LAW OFFICES OF DONALD S. MAZZOTTA,
D , Esquire
Attorneys $¢~ Plaintiff
PLANT~FF'$
EXHIBIT
'~1t
~PENNSYLVANIA SIMPLE INTEREST~YEHICLE ~TAIL INSTALMENT CONTRACT DATE 08/20/Z000
ZZ4 ~H 6ET[EL STREET * /,~ - f'{ ZOZ4 L[,COLN ~Y EAST
299C · ~ ~ ~ '/ ~LMFH~W4HYTO~03S
U~
T~.Jn 1996 LIMC~N ' ~ 166~.00 s 15320.35 ,,
T~l~wnP.~.n~ .............. .............................. ~.~--.-..L.'.~ S · ~99,65~ ~S CO~ ~ NOT INC~
' Cmd~ ~,~u~ (~ ~ .................. :._. ~
To ~.OUk FO~u ~r uuC r~ $~
Do not sigh this contract In blank.
You are entitled to an exact copy of the contmof you sign.
K~ep it.*J~ s~atect vour leaa rights · ~ - PI,EASE CALL US, AT 1-800-727-7000
Bayer ackn~dedg .~ ~el pfA~f a,t~e~nd completely filled In copy of thl. c~n~act at the time of
EXHiBiT
x. 611
~ERi FIC~TiO~
i, Donald S. Mazzotta, Esquire, state that I am not a party to
the action but that at the request of the Plaintiff, ~nd based upon
~now!edge, information, records, and documents supplied to me by the
Plaintiff, the ave-~ments set forth in the Civil Action Complaint are
t~ae. A Verification executed by the Plaintiff can be supplied at time
of trial or upon rec/uest.
I understand that false stateme]
~he penalties of 18 Pa. C.S. ~4904
authorities.
t~ herein are made.subject to
relat:~~lfication to
~ SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05287 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT COMPANY
VS
STACKFIELD VINCENT E ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE was served upon
STACKFIELD VINCENT E the
DEFENDANT , at 1751:00 HOURS, on the 10th day of October
at 224 SOUTH GETTLE AVENUE
SHIPPENSBURG, PA 17257 by handing to
LYNN W BURKE STACKFIELD, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
, 2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.80
Affidavit .00
Surcharge 10.00
.00
41.80
Sworn and Subscribed to before
me this /& ~ day of
O~ ~ ~61k~ A.D.
f'4Prothonotary ' i ,,
So Answers:
R. Thomas Kline
10/13/2003
DONALD MAZZOTTA
Deputy S he r i~f'~
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05287 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT COMPANY
VS
STACKFIELD VINCENT E ET AL
VALERIE WEARY ,
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
& NOTICE was served upon
the
HOURS, on the 10th day of October ,
by handing to
together with
says, the within COMPLAINT
STACKFIELD LYNN W BURKE
DEFENDANT , at 1751:00
at 224 SOUTH GETTLE AVENUE
SHIPPENSBURG, PA 17257
LYNN W BURKE STACKFIELD
a true and attested copy of COMPLAINT & NOTICE
2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this /~ day of
0~ o2 &~ A.D.
rothonotary'
So Answers:
R. Thomas Kline
10/13/2003
DONALD MAZZOTTA
By:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
vs.
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
Defendants.
CIVIL DIVISION
NO. 03-5287
TYPE OF PLEADING: Praecipe for
Default Judgment
CODE
FILED ON BEHALF OF: Plaintiff,
FORD MOTOR CREDIT COMPANY
COUNSEL OF RECORD FOR THIS PARTY:
Donald S. Mazzotta, ESQUIRE
Pa. I.D. #11461
LAW OFFICES OF
DONALD S. MAZZOTTA, P.C.
Firm #742
938 Penn Avenue, Suite 700
Pittsburgh, PA 15222
(412) 471-0300
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
VS.
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
TO:
NO. 03-5287
Defendants.
PLAINTIFF'S PRA~CIP~ FOR D~FAUI~T JUDGMENT
~URSUANT TO PA.R.C.P 1037(b)
PROTHONOTARY OF CUMBERLAND COUNTY
Please enter a judgment against the defendant,
STACKFIELD and LYNN W.
Answer to Plaintiff's complaint.
Amount claimed in Count I of Complaint
Amount claimed in Count II of Complaint
Interest from 10/4/03 to 11/19/03
VINCENT E.
BURKE-STACKFIELD, for failure to file an
$14,418.58
$17,559.17
$ 237.93
TOTAL $32,215.68
* With interest accruing on TOTAL of $32,215.68 at the rate of
6% per annum from November 20, 2003, together with costs of suit.
I certify that a written notice of intention to file this
praecipe was mailed to defendant and to defendant's counsel (if
known) after the default had occurred and at least ten (10) days
prior to the date of the filing of this praecipe. A copy of this
notice is attached.
LAW OFFICES OF DONALD S. MAZZOTTA,
By:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
VS.
Lynn W Burke-StackfieI and
VINCENT E STACKFIELD.
No. 03-5287
Defendant.
TO: Lynn W Burke-Stackfiel
224 S Gettle Ave
Shippensburg, Pennsylvania 17257
DATE OF NOTICE: October 31, 2003
IMPORTANT NOTICE
YOU AILE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
IN THIS CASE. 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, OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND WHERE YOU CAN GET LEGAL HELP:
Court Administration
4"~ Floor, Cumberland County Courthouse
South Hanover Street
Carlisle, PA 17013
(717) 240-6200
I HEREBY CERTIFY THAT THIS NOTICE WAS SENT ON THE DATE SET FORTH ABOVE.
..... ,?'"'-
Attorneys for Plaintiff
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
VS.
Lynn W Burke-Stackfiel and
VINCENT E STACKFIELD
No. 03-5287
Defendant.
TO: VINCENT E STACKFIELD
224 South Gettel Street
Shippensburg, Pennsylvania 17257
DATE OF NOTICE: October 31, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YO,U 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, OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FiND WHERE YOU CAN GET LEGAL HELP:
Court Administration
4t~, Floor, Cumberland County Courthouse
South Hanover Street
Carlisle, PA 17013
(717) 240-6200
I HEREBY CERTIFY TItAT TItlS NOTICE WAS SENT ON TIlE DATE SET FORTH ABOVE.
LAW OFF S OF D ALD S. MAZ OTTA, P.C.
By:
Attorneys for Plaintiff
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
NO. 03-5287
vs.
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
Defendants.
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOT~CE PURSUANT TO PA.R.C.P. 1037(b) (2) (ii~)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
Before me, the undersigned authority, a Notary Public in and
for said County and State, personally appeared Donald S.
Mazzotta, attorney for and authorized representative of plaintiff
who, being duly sworn according to law, deposes and says that the
defendant is not in the active military service of the United
States of America to the best of h~ knowledge, information and
belief and certifies that the Noti~ of Intent to take Default
Judgment was mailed by Ordinary U.~ Mail in accordance with
Pa.R.C.P. 237.1, as evidenced by t ~ attached copy.
Sworn to a~subscribed be~re me ~
this ~,
2003.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
VSo
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
Defendant.
NO. 03-5287
NOTICE OF ORDER, DECREE OR JUDGMENT
TO:
Vincent E. Stackfield
224 South Gettle Avenue
Shippensburg, Pennsylvania
17257
X
Plaintiff
Defendant
Additional Defendant
X
A copy of the Order or Decree is enclosed, or
The judgment is as follows: $32,215.68 plus costs
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
VINCENT E. STACKFIELD and
LYNN W. BURKE-STACKFIELD,
Defendant.
NO. 03-5287
NOTICE OF ORDER. DECREE OR JUDGMENT
TO:
Lynne W. Burke-Stackfield
224 South Gettle Avenue
Shippensburg, Pennsylvania 17257
X
Plaintiff
Defendant
Additional Defendant
X
A copy of the Order or Decree is enclosed, or
The judgment is as follows: $32,215.68 plus costs
Prothonotary