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Home My WebLink About07-6849IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff NO. 07 - (ogq9 0ivil berm v. JAMES N JR HARMON Defendant(s) COMPLAINT IN CIVIL ACTION Filed on behalf of: FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF_PA_l 1 Cmplt Cvr Sht P&F File No. 07-11547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) 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 an 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. NO. Usted ha lido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de ]a notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. 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 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA-2 INotice to Defend P&F File No. 07-11547 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) COMPLAINT IN CIVIL ACTION NO. ,I- G 8y^ Cur-'I Ali. AND NOW, comes Plaintiff, FORD MOTOR CREDIT COMPANY, by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, FORD MOTOR CREDIT COMPANY, is a corporation with offices at 1335 S CLEARVIEW AVE MESA, ARIZONA 85208. 2. Defendant is JAMES N JR HARMON, an adult individual, believed to currently reside at 3467 RITNER HWY NEWVILLE, PENNSYLVANIA 17241. 3. On or aboutJANUARY 23, 2006, 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 MOTOR CREDIT COMPANY. 5. Pursuant to the terms of the Contract, Defendant(s) was/were to make PA-07 Civil Cmplt Auto Ln P&F File No. 07-11547 SEVENTY-TWO PAYMENTS OF $596.74 commencing on MARCH 9, 2006. 6. The terms of the Contract provide for termination upon satisfaction by Defendant 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 and retake possession of the vehicle. 9. After calculating early termination charges due to Plaintiff, and proceeds from sale, if any, Plaintiff avers that a deficiency balance of $16,583.22 is due from Defendant(s) as of August 30, 2007. 10. The terms of the Contract provide that Defendant(s) will pay Plaintiffs reasonable attorney's fees. 11. Plaintiff avers that such attorney's fees will amount to $3,500.00. 12. Despite repeated requests, Defendant(s) have willfully failed and/or refused to pay the aforesaid sum due. PA-07 Civil Cmplt Auto Ln P&F File No. 07-11547 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $16,583.22, interest from the date of breach, reasonable attorney's fees in the amount of $3,500.00, with continuing interest at the legal 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. Felix, A.P.C. Date: PA-07 Civil Cmplt Auto Ln Gregg L. is Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 P&F File No. 07-11547 DEALN 25776 01723!06 eeeTvsNW a Rttanl IYRTAl1 NFYT rVdW rRACT nAlm "d CoBuf•r) Nero wd Addrum Onck4ng Couray ante 9ELLERIC DMM (SMI•r Nalrle and Aedoes) 200.727gGg0 ? JAMES N HARMON JR BOB RUTH FORD. INC. e , 38q67 RITNER HWY DIOLAURGE PA 15 NORTH 17019 Rb NEWVILLE PA 17241 JA>? 2 5 2008 www fnxderedk eom . . MbrB InmeNr: w M Dr, Tai raaxn Flo, w ano- trobx ax Pelee- rlr aWt Phe k YroNwr bluer N'[atl aW 'M •ip?l^Ma wb owa•4 you elmrs m buy we vehicle M aer order M roerrwnb on fed trra and bark awe oNtM N-Vew M year end sr•e Tamer venoo IdentlM1rMion Nunbr Ur far Wt WA Wnnlaaed 2006 Aywpmrw I , = O NEW FORD MUSTANG IZWFT80N665167161 ? . . ITEMIZATION OF AMOUNT FINANCED -:':INSIItAFICE . YOU ARE REQUIRED TO INSURE THE 1. Cash Prio"-....._........_._._..._----- ---- ........... ..... .......... .... _._. It 24854 30 (1) VEHICLE. YOU. MAY OBTAIN VEHICLE 2. Down Payment INSURANCE FROM A PERSON OF Third Party Rebut Aedaned W Seder............... _...._......_:S MIA YOUR CHOICE. Cash Down Payment ..._......_.__.._..._...._._____.._...._.______.i 500.00 LIABILITY INSURANCE COVERAGE Trade4nZQ114 FORD 512600.00 5 20110.73 i 0.00 FOR BODILY INaURY AND PROPERTY der are New Gnw A&m.- Amanl Oalrp DAMAGE CAUSED TO OTHERS IS NOT Tow Down Paymasl__._._..____..._............_..._........... _._:.....5 500.0( INCLUDED. 3, unPetd Duum" 14 Cads Prue ti min r 2) ...._r___._......_.,.-.112 MA 30M CREDIT LIFE CREDIT, DISABILITY AND 4. Amami paid on your behas (Seller may be retaaNllp a portion of theas wwhaaa) OTHER OPTIONAL INSURANCE ARE To Publle ONlefa. NOT REQUIRED TO OBTAIN CREDIT 0 for II- is N /A), this is 22.5C},. a AND WILLNOT BE PROVIDED UNLESS YOU SION AND AGREE TO PAY THE I my,traaon is 14.00 ), teas a NIA; PREMIUM. 5 00 f . ; Wl for Is"" lees (IN) I. W- (not In Cash Pik.) s MIA S 41.50 Crum T. In-.- Crnpraae tar: GUIs s N/A Insurance Company Credit LMamaurannn (lurnermclcontract).................. _.___.. Credit Disability laaeranu (for form of" bract)............_...._f MIA S t,/n NIA (Term %/A luonw) ............ S MIA Premtum Insured(s) N/A (7 arm N/A Nomna)....... _.. $ II/A You wand Cradle Life Insurance. - 3 55.00 7o B UTH OR 1 for U0C To far S N/A To ror i NIA Buyer Sig- To tar NET TRADE PAYOFF. S 7670.73 FMCC To ST OF PA ter TIRE FEE S 5.00 To SELLR ror ELECFR FILE FEE S 20. DD ?. g ioNl..._..._.__....__._._'___...._......_._ ............. _......................... :._._S 7731.71(4) S. A. Plrtrlced (3 pkns q._._._.____._..__............. ...... _.._._ S 32086.53 (5) Cndk It OleaeNlly Insurace Company FEDERAL TRURNN-LENDING DISCLOSURES f 01A ANNUAL FINANCE Amount Total -et Total Side Premium Insured(s) PERCENTAGE CHARGE Financed Payments Pf" You was Credit DhaWiy Insurance. RATE The -10 The emmm 1tr taw sod Tn• clew ammm aWp pro,wO u w nor a y? pumnre y o o a p w ha ewtron YOU coda. Th. met of Yew a%ror we %Ym aom anas ayeah rem I ror der behW Sayer Signs Y Pemrr IdU1 f- 500.00 1 9.99 14.10878.75 $_12086.53 t 42965.28 . 43465.28 Co-Buyer Signs our P we a te I o n OTHER OPTIONAL INSURANCE Nwnbr a a.vneMa Amwrl a aewe.nm wya 12 69A.- 14 mn OeemlAn GArmsa Irvr. s T'im?i n tn. nor Mon S F. /D. BY MIA arepePrent N you pay al your Get ndY• you con red nave b py a purely. $ N/A woolly suawat: You sae giong • twrhy wemn b Pm -10. Nmg pu ba- led aarlwa: You must pay a lab tlwrye an tlw pvdon a urh paymra rarAaa sae wen td By e I A Tlr chug y 2.e pemam a ere ml. wmnt rVn tem . WMrM: pleeN eel ay oontrom tar addsbn I IMameam m aemdty Imeror, wroaymsN, You Went eel eptbrNl kruranrw for whkh daeun. sale dPd m rend raPefoe. a your deb b lu/ bamro tlro atlwdubd dam. and premkmm ans mauded abovs. proPaymaa pmaay. If you do not meet your contract obligations, you may loge-your vehide, as well Be both pans and goods put on Your vehicle and money o goods received for Buyer Sions your velnde. BALLOON CONTRACT PROVISIONS C.-Buy. as ? Your fed Inamlhmnl payment under flea mmuBdl is ¦ beiloor. PaY"M. ty lowness EXCESS W EAR. USE AND MILEAGE CHARGES Greek Lim war Crada dlsaamT esaxot a and N aid box drecay above b Cheol ad, this sacdnn. Paragraph B, and Paragraph C of KK ra Mm aw ?.nnoglas ?Meeni -rape in . tiN the dontraa apply. You may be draped Ir.-.I s War Mead upon our standard, Nday . Dee . lwea ten nrmd sate. It you exelclle the opdm m sell ft V~. back b Satyr under Paragraph B, you must Pay the Seller $0. ml permit for -In mile in .-as Oae1 CNleellaam usher Adaerramr fpWeeaa Of N IA mile. shown on the odometer. a sea box y arorea yal tare PlarAaeed. deb OPTION CREOrr drlceaadon weAr. Puraroee a due myreee le EXTRA NIL 99 aellanel Arid m na1 ? b aWb cndM. TM it aria omVW cpraslas a balloon paymard (as macawd aban), and You haw wYver comaam) aaddWld du under Pr B, sea as two an in h to M aaadtee A aedt ddendum the eager pushed yon Option m lea , om" o wit d d r t The prim 11 to your ConbMdact. At At ft aid ,dll ' You Wit NTOOrPratad MONworm.a. r paragraph ypi ." " o M. 0 s o ob r o of rewiw a treat of $o. per unu.ed mas mid for aw IA m1as rm Waiver m..tla unused aemlNNmum- a Amew rtwxad . unweoewraa der sat eedo. es a. as. arty amouMS YOU Detwaen and mute, less owe under Thy caranua You we not necel" any redo N IM vehicle Is dedroyed, ads svyr conduct ends any, r you r• in default. You w11 nd W.K. any orodf N the each is W. anan 61.01). SIPIs NON-MODIFICATION DISCLOSURE be In w Mg end elped by you all We,Sew. Amy Ouny N 177) Bul'r X X Done M U KNOWLEOG THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON F YO T F TINS CONTRACT. THE REVERSE SIDE O TM Annual pwcomage Rao may be negoaeled with the Sander. The Seller may "Mon this contract and may nmin It right to recevve • per8on of me Finance Charge. NOTIC15 TO BUYER Do not sign this Contract In blank. You are entitled to an exact copy Of the contract that you sign. Keep Rio protect your legal rights. _ X s i a- Si g n. le Buyer (and Cc-Buyer) acknowledge that (1) before sianlnG this Bono trset Buyer (and Co-Buyer) of thTconvect and (11) at the tints of d In co fill l tel py e e y rsaived end reviewed ¦ true and comp s1GnInO this contract, Buyer (and Co-Buyer) received a true and completely filled In copy of this contract "u" x ,v. Co• kqe, X 81pnr StOra /A r 4 r2 k , T. , asur 8 RUTH FORD, INC. ev % --j IT. THIS COMRACT IS NOT VALID UNTIL YOU AND SELLER 9191 AS VMENT Yen IeeY banes nit. wren m erour Pere.m. Ttrt aaree^ rid eron nat. W "We rpa, PdeesaaA rat nemeses. ey We" bNee, eve Wlr eererro sae-en rA.0wa ). Te a-- A.Mg- ahem No mneaa, pay ,, r wW awk webNe N 'N' s + ' .. edmr$:a 7...-:..::,;o ..,... W X TAI, _ vq? „M acct earl 9EE 01HER taoE FOA AtldnTIONAL AOREH.lENTB arc ?Ir]A.IeC 1?.Ka btw*A ORIGINAL ?? A , it D. Security Interest: You give the Seller a security interest in; 1. The vehicle and all parts or other goods put on the vehicle; 2. All money or goods received for the vehicle; and 3. All insurance premiums and service contracts financed for you. This secures payment of all amounts you owe under this contract. It also secures your other agreements in this contract. E. Use of Vehicle - Warranties: You must take care of the vehicle and obey all laws in using it. You may not sell or rent the vehicle, and you must keep it free from the claims of others. You will not use or permit tfie use of the vehicle outside of the United States, except for up to 30 days in Canada or Mexico, without the prior written consent of the Seller. H the vehicle Is of a type normally used for personal use and the Seller, or the vehi- cle's manufacturer, extends a written warranty or service contract covering the vehicle within 90 days from the date of this contract, you get implied warranties of merchantability and fitness for a particular purpose covering the vehicle. Otherwise, you understand and agree that there are no such Implied warranties, except as otherwise provided by law. F. Vehicle Insurance: You must insure the vehicle against loss or damage from collision, fire or theft. You must name Seller as the loss payee under the insurance policy. The Seiler must 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 buying a used vehicle with this contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. *Does not apply If purchased for commercial or agricultural use. In that case, you (debtor) will not assert against any assignee or subsequent holder of this Contract any claims, detanses, or setoffs which you may have against the Seller or manufacturer of the vehicle. GUARANTY To cause the Seller to sell the vehicle described on the front of this contract to the Buyer on credit, each person who signs below as a 'Guarantor' guarantees the payment of this contract. This means that if the Buyer fails to pay any money that is owed on this contract, each person who signs as a guarantor will pay it when asked. Each Guarantor who signs below agrees that he will be liable for the whole amount owed even If one or more other persons also signs this Guaranty. Each Guarantor also agrees to be liable even if the Seller does. one or more of the following: (a) gives the Buyer more time to pay one or more payments, or (b) gives a release in full or in part to any of the other Guarantors, or (c) releases any security. Each Guarantor also states that he has received a completed copy of this contract and this Guaranty at the time of signing. Guarantor Address Guarantor Address READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY ARBITRATION Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a."Claim") without filing a lawsuit in court: Either yoL or Seller ('us" or 'we') (each, a "Party) may choose at any time, including after a lawsuit is filed, to have any Claim related to thie contract decided by arbitration. Such Claims include but are not limited to the following: 1) Claims in contract, tort, regulatory or otherwise 2) Claims regarding the interpretation, scope, or validity of this clause, or arbitrability of any issue; 3) Claims between you and us yourlour employees, agents, successors, assigns, subsidiaries, or affiliates; 4) Claims arising out of or relating to your application fo credit, this contract, or any resulting transaction or relationship, including that with the dealer, or any such relationship with third partie, who do not sign this contract RIGHTS YOU AND WE AGREE TO GIVE UP teither you or we choose to a trate a Claim, then you and we agree to waive the following rights: • RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY • RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVI AGAINST US WHETHER IN COURT OR IN ARBITRATION • BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT • RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR • OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT Rights hts Yay And We Do Not Give Up: If a Claim is arbitrated, you and we will.continue to have the following rights, without waivir this arbtratioonn provision as to any Claim: 1) Right to file bankruptcy in court; 2) Right to enforce the security interest in the vehicl• whether by repossession or through a court of law; 3) Right to take legal action to enforce the arbitrator's decision; and 4) Right request that a court of law review whether the arbitrator exceeded its authority. Either Party must contact one of the associations listed below and the other Party to start arbitration. The applicable rules (the 'Rule: may be obtained from the association. • American Arbitration Association ('AAA'), at 1-800-778-7879, or www.adr.org; • National Arbitration Forum, at 1-800-474-2371, or www.arb-forum.com. If there. is a conflict between the Rules and this contract, this contract shall govern.. This contract is subject. to tits Fader ad r ti, § t at seq.) and the Federal Rules of. Evidence. The arbitration decision shall be in writing witha suppor ng opinion. wt potal reasonable arbitration fees and expenses (not including attorney fees, except where applicable law otherwise provide in excess of $125. We will pay the whole filing fee It we demand arbitration first. Any porlion of this arbitration clause that is unenforceal shall be severed, and the remaining provisions shall be enforced. FC 117637-S1 (JUL 05) (Previous editlons may NOT be used.) SEE OTHER SIDE FOR ADDITIONAL.A.GREEMENTS FG 17637-8SVFC 1763741CO r' ADDITIONAL AGREEMENTS A. Payments and Summary Notice: You must make all pay- ments in U.S. funds when they are due. You may prepay your debt at any time without penalty. This is a simple interest contract. The actual finance charge, you agree to pay will depend on your payment patterns. The actual finance, charge may exceed the disclosed Finance Charge if you make your payments later than the scheduled dates or in less than the scheduled amount. Your payment will be applied first to the earned and unpaid part of the Finance Charge and theh to the unpaid Amount Financed. The Finance Charge-is earned by applying the Annual Percentage Rate to the unpaid Amount Financed for the actual time that the unpaid Amount Financed is outstanding. If the vehicle is repos- sessed, you will not have the right to reinstate the contract unless the Seller agrees. B. Balloon Payment Contracts: If your last installment payment under this contract is a balloon payment as indicated on the front of the contract, you may handle the last installment payment in one of three ways. First, you may pay all that you owe when the last installment payment is due and keep your motor vehicle. Second, you may refinance the last Installment payment unless you are in default under this contract. If the Seller has advanced funds to cure any default, you must pay back the Seller before the refinancing. You also must provide proof of insurance accept- able to Seller before the refinancing. The Annual Percentage Rate (APR) for the refinancing will be the lower of the APR agreed to by you and the Seiler at the time of the refinancing or the maximum rate permitted by law. The term of the refinancing will be based on the amount refinanced, the rate, and the amount of the monthly payment. The refinanced monthly payment shall be the same as in this contract If the refinanced amount will be fully paid within 36 months of the due date of the last installment payment. Otherwise, the monthly payment amount shall be the amount needed to fully pay the refinanced amount within 36 months of the due date of the last installment payment. It you wish to refinance, you must notify the Seller in writing. Except as discussed in this section, the notice must be received no later than 30 days prior to the due date of the last installment payment. Third, you may sell the vehicle to the Seller for an amount equal to the last installment payment. You must pay to the Seller any other amount owed under this contract. Amounts you owe will be based, in part, on the vehicle's mileage. You also must pay to the Seller the estimated costs of all repairs to the vehicle that are the result of excess wear and use, as set forth below. You must take the vehicle to a place selected by the Seller for inspection no later than 15 days prior to the last installment payment due date. After the inspection, if you decide to sell the vehicle to the Seller, you must give the vehicle to the Seller no later than the last installment payment due date. At that time, you must also give the Seller a title, which shows no Hens other than the Seller's lien, transferring ownership to the Seller or a person selected by the Seller. After the inspection, If you decide not to sell vehicle to the Seller, you must immediately contact the Seller and inform the Seller whether you want to .refinance the last installment payment. C. Damage Repair: If your last installment payment under this contract is a balloon payment and you sell the vehicle back to the'Seller under Paragraph B, you are responsible for repairs of all damage to the vehicle that are not the result of normal wear and use. These repairs include, but are not limited to, those necessary to: (i) replace any tire not part of a matching set of four or any tire which has less than 1/8 Inch of remaining tread; {H) repair all mechanical defects; - (ii) repair or replace all dented, scratched, chipped;. rusted or mismatched body panels, paint or vehicle identification items; all dented, scratched, rusted, pitted, broken or missing trim and grill work; all scratched, cracked, pitted or broken glass; all faulty window mechanisms; all broken or burned out lights; all electronic malfunctions; all interior rips, stains, bums or wom areas; and all damage which would be covered by collision or comprehensive insurance whether or not such insurance. is actually in force. If you have not made the repairs before inspection of the vehicle under Paragraph B; you will owe -the estimated costs of such repairs, even if the repairs are not made prior to your sale of the vehicle to the Seller. If you disagree with the estimated costs of repairs, you may have the repairs made at your expense prior to your sale of the vehicle to the Seller. approve the type and amount of insurance. If the velffcIg is lost, damaged or destroyed, you must pay tote Seller what Is still owed. You agree that the Seller can make a claim under the insurance policy. Yotr authorize the insurance company to provide Seller any information Seller believes necessary to make a claim. You must use insurance proceeds to repair the vehicle, unless the damage to the vehicle is considered a total loss. If the damage to the vehicle is considered a total loss, you must use the insur- ance proceeds to pay what you owe the Seller. If your insurance on the vehicle doesn't pay all you owe, you must pay what is still owed. G, Returned Insurance Premiums and Service Contract Charges: This contract may contain charges for insurance, service contracts, or other contracts. -You agree that the Seller can claim benefits under these contracts and unless prohibited by law, terminate them to obtain refunds of unearned charges to reduce what you owe. If the Seller gets a refund on insurance, service contracts, or other contracts, the Seller will subtract it from what you owe. Once all amounts owed under this contract are paid, any remaining refunds will be paid to you. H. Default: You will be in default If: 1. You do not make a payment when it is due; or 2. You gave false or misleading inforrriation on your credit application relating to this contract; or 3. Your vehicle is seized by any local, state, or federal authority and is not promptly and unconditionally returned 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 default, Seller can exercise Seller's rights under this con- tract and Seller's other rights under the law. i. Repossession: If you default, the Seller may require you to pay at once the unpaid Amount Financed, the earned and unpaid part of the Finance Charge and all other amounts due under this contract. Seller may repossess (take back) the vehicle, too. Seller may also take goods found in or on the vehicle when repossessed and hold them for you. J. Your Rlpht To Redeem: If the vehicle is taken back, Seller will send you a notice: The notice will say that you may redeem (buy back) the vehicle and will explain how to redeem the vehicle. You may redeem the vehicle up. to the time the Seller sells it or agrees to sell it. If you do not redeem the vehicle, it will be sold. K. Disposition of Motor Vehicle: if the vehicle is taken back and sold, the money from the sale, less allowed expenses, will be used to pay the amount still owed on the contract. Allowed expenses include those paid as a direct result of having to retake the vehicle, hold it, prepare it for sale, and sell it. Reasonable lawyer's fees and legal costs are allowed, too. If there is any money left a (surplus), it will be paid to you. If the money from the sale is not enough to pay off this contract and costs, you will pay what is still owed to the Seller. If you do not pay this amount when the Seller asks, the Seller may charge you Interest at the highest lawful rate until you pay. L. Collection Costs: Except as otherwise provided by law, you must pay any and all expenses related to enforcing this contract, including collection expenses, lawyers' fees and other legal expenses. M. Consumer Reports: You authorize the Assignee listed on the front of this contract to obtain consumer credit reports from con- sumer reporting agencies (credit bureaus) for any reason and at any timein connection with this-contract. N. Applicable Law: You agree that this contract will be governed by the laws of the state of Pennsylvania. 0. General: This contract contains the entire agreement between Seller and you relating to the sale and financing of the motor vehicle. if any part of this contract is not valid, all other parts stay valid. If Seller doesn't enforce senses rights every time, Seller can still enforce them later. Seller will exercise all of Seller's rights in a lawful way. If your last installment payment-under this contract is a balloon payment and you sell the motor vehicle back to the Seller under Paragraph B, you are hereby notified that Creditor has assigned to OI Exchange, in Its capacity as Creditor's qualified intermediary Its rights (but not Its obligations) with respect to the purchase and - - ?_ _ sale of this vehicle at contract termination. r/• 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. Counsel has signed the verification as a matter of time and convenience. The verification of the party can 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: `Gr6Kg r. Morris, Esquire Patenaude Felix, A.P.C. 213 E. Main eet Carnegie, PA 15106 (412) 429-7675 PA-01 Atty Verification P&F File No. 07-11547 c.,a Scup W G? LO ?` c??r G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY V. JAMES N JR HARMON Plaintiff ) Defendant(s) ) NO. 07-6849 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of. FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Moms, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street. Carnegie, PA 15106 (412) 429-7675 PA_119 Prcp Def Jg Both P&F File No. 07-11547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) NO. 07-6849 CIVIL TERM PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint Interest from August 30, 2007 Less payments received Attorney's fees TOTAL $16,583.22 $513.04 $0.00 $3500.00 $20,596.26 With continuing interest on the principal amount of $20,596.26, 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 defendants and defendants' 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 the Notice is attached. Respectfully submitted: & Felix, A.P.C. Date: PrVgg L .4f?Tbrris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_l 19 Prcp Def Jg Both P&F File No. 07-11547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff NO. 07-6849 CIVIL TERM V. JAMES N JR HARMON Defendant(s) PLAINTIFFS AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA R C P 1037(b) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the defendant(s), JAMES N JR HARMON, 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. Respectfully submitted: Patenau4 & Felix, A.P.C. Date: Esquire E. Main' Sworn to and subscribed before me this day of 2067. Notary Publict/ OF PENN8YLVANIA 1?I?10 Notarial Seal Carolyn,). tFjo vnO Notary Public Can if,C!5` r%, :11i?1 +ar ; ; l f Ali ty My Cori xrr„SS,n aisg. 14, 2011 Member, Pennsylvania Association of Notaries Carnegie, PA 15106 (412) 429-7675 PA 120 Aff of Non Mil P&F File No. 07-11547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) NO. 07-6849 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of. FORD MOTOR CREDIT COMPANY Counsel of Record for This Party. Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_ 119 Prcp Def Jg Both P&F File No. 07-11547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) NO. 07-6849 CIVIL TERM IMPORTANT NOTICE Filed on behalf of: FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_I I 1 10 Day D1 P&F File No. 07-11547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) To: James N Jr Harmon 3467 Ritner Hwy Newville Pennsylvania 17241 Date of Notice: December 06, 2007 NO. 07-6849 CIVIL TERM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 Respectfjiy submitted: Date: Felix, A.P.C. r Morns, Esquire E. lain Street Carnegie, 15106 (412) 429-7675 PA_l I 1 10 Day DI P&F File No. 07-11547 I, GREGG MORRIS, attorney for Plaintiff, FORD MOTOR CREDIT COMPANY, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: James N Jr Harmon Defendant 3467 Ritner Hwy Newville PA 17241 Date: 213 L. Morris, Esquire ude & Felix, A.P.C. Main Street ,le, PA 15106 (412) 429-7675 PA_I1 110 Day Dl P&F File No. 07-11547 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) NO. 07-6849 CIVIL TERM NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf o£ FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_123 Ntc Jgmt Both P&F File No. 07-11547 r i y V N ? i3 a, tr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. JAMES N JR HARMON Defendant(s) NO. 07-6849 CIVIL TERM NOTICE OF ORDER. DECREE OR JUDGMENT AGAINST JAMES N JR HARMON ONLY TO:( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant You are ereby notified that the following Order, Decree, or Judgment has been entered against you on f ra?0 ( ) 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 $20,596.26, plus costs. ( ) District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. Prothonotary By I , poplaty 4 `? If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (412)-429-7675 PA 123 Ntc Jgmt Both P&F File No. 07-11547 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06849 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS HARMON JAMES N JR 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 HARMON JAMES J JR the DEFENDANT , at 1539:00 HOURS, on the 15th day of November-, 2007 at 3467 RITNER HWY NEWVILLE, PA 17241 by handing to SELENA ROSARIO STEP-DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge A 0 Sworn and Subscibed to before me this of So Answers: 18.00 11.52 .00 10.00 R. Thomas Kline .00 39.52 11/16/2007 PATENAUDE & FELIX By. day A. D.