HomeMy WebLinkAbout08-0775IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. 0$ - x'75 C 'M i I le-r M
V.
PATRICIA L JONES
Defendant(s)
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
FORD MOTOR CREDIT CO.
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. 2800.4778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
V.
PATRICIA L JO!1TES
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 eatering 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 yo=. 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. I
NO.
Usted ha sido 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 ABC"UT AGENCIES THAT MAY OFFER
LEGAL SERVICES `TO ELIGIBLE PERSONS AT A
REDUCED FEE OR N"D FEE.
CUMBERT',AND COUNTY BAR
AS' SOCIATION
32 SOUTE BEDFORD STREET
CARLISLE, PA 17013
1' 17-249-3166
PA 21Notice to Defend
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
P&F File No. 2800.4778
02/04/2008 08:53 FAX 4124297679 1a002/002
i
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PPN"NAY[.VANIA
f ORll MO f ok l xEljt 1 %-0.
Plaintiff ) NO. 8• '7 7S
a
J
V. )
PF1'l kll:l!'? L JU???? )
Defendant(s) )
r0]%4P1.,ATN Y' YN r7ViT, Ar.TTON
AND NOW. comes Plaintiff. FORD MOTOR. CREDIT CO.. 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 sunnort thereof aver as follows:
1. Plaintiff, FORD MOTOR CREDIT CO., is a corporation with offices at 1335 S
CLEARVIEW AVE MESA, ARIZONA 85208.
2. Defendant is PATRICIA L JONES, an adult individual, believed to currently
reside at 34 PINE HILL AVE MECHANICSBURG. PENNSYLVANIA 17650.
3. On or about December 06, 2004, 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
CO. .
5. Pursuant to the terms of the Contract, Defendant(s) was/were to make 60 of
PA 07 Civil Cmplt Auto Ln N&F File No. 2600,4778
$360.38 commencing on January 20, 2005.
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 $6,550.67 is due from Defendant(s) as of
June 30, 2006.
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 $2,200.00.
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. 2800.4778
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amount of $6,550.67, interest from the date of breach, reasonable attorney's fees in the
amount of $2,200.00 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.
submitted:
& Felix, A.P.C.
Date:
L. Morris, Esquire
/ /213
Carnegie, PA 15106
(412) 429-7675
PA-07 Civil CmPlt Auto Ln P&F File No. 2800.4778
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amount of $6,550.67, interest from the date of breach, reasonable attorney's fees in the
amount of $2,200.00 with continuing interest at the legal rate thereon from the date of Judgment
plus costs. The dam .ages requested are less than the maximum amount for compulsory arbitration
as set by the Court.
submitted:
elix, A.P.C.
Date:
L. Morris, Esquire
72E. ain Street
gie, A 15106
(412) 429-7
PA 07 Civil Cmplt Auto Ln P&F File No. 2800.4778
_ - ...?IOg?oNay
PENNSTLYAWASIMPLE inIcnc81 VEHICLE nCIM16 in hlALMER1 ? Wna-I
Buyer (ant Co-Buyer) Name and Address (including County and Zip Code) CREDITOR (Seller Name and Address) JE C 0 7 20 jj
PATRICIA L JONES SUTLIFF CAPITAL FORD
34 PINE HILL AVE 1000 PAXTON ST PO BOX 737
MECHANICSBURG PA 17050, HARRISBURG PA 17105
You, the Buyer (and Co-Buyer, luny), they buy the vehicle described below for cash or on oredlL The 'Cash Price' shown below Is the cash prim of the whiele. The
'Total Sale Pike' shown below is the credit prim. By signing this contract, you choose to buy on credit udder the agreements on the from and back of this contract.
USED 102 FORD I EXPLORERI N/A I 1FMZU72E32UA83881 I ? co 13 ` "h at
Trade-in 96OLDSMOBILEDELTA 88 s 1000.00 s NIA
Yew and Make Gross Allowance Amours Owing YOU MAY OBTAIN VEHICLE INSURAN
ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE.
,. Cash Price ......................................................... ....... _._...................... $ 17700.00
(+)
2. Down Payment N/A
Third Party Rebate Assigned to Creditor ........ _._ ................ $ 2000 - 00
Cash Down Payment...........I'tidal':d? ................_._........1l7A $ 100-b?
Trade-In 95 OLDS $ $ $
Yee aW MW. orm Abvwr,u ,r,,,a.n o,a.e
Total Down Payment .................... $ 3000.00 (2j
................:.................................
3. Unpaid Balance of Cash Price (t minus 2) .............. _._................. $ 14700.00 (3)
4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts)
To Insurance Companies for N/A
Credit Life Insurance (for tens of contract) ............_.......... $------ WTA-
Credit Disability Insurance (for term of contract) .............. $??
(Term -Months (Estimate) $
To Public Officials (i) for license ($ NtA ), title ($
registration ($ 16 _ nn ) fees $ 5f - rn
(ii) for filing fees $ 5.00 1136.40
(iii) for taxes (not in Cash Price) $ $ 1199.90
To S"T' CARI7A(or I a -0-00
To-RRfijITUM ARE for SFRVtrf rnNTRACT
ToFORD CAR for r,AP 1MS_ $
To for $ II/A
9
5. Amount Financed (3 plus 4) .............................:............................... S 0(5)
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Financed Payments Price
RATE The dollar amount The amount of
id
d The amount
ill h The total cost
h
f
The cost of your
yo the credit will credit prov
e
to you w
ave
i your purc
ase on
o
i
Credit as a yearly rate
host you you or on your
behalf pa
d when you
have made all cred
t,
Incl
ding yo
ur
ed
pa u
?
&
aym
pem
s
of s ?2Y?O -
6M% $ s 1A194_gn s91692_8n $ 24622.80
Payment Schedule Number of Amount of Each When Payments
? Payments payment are due
Your payment schedule 59 S 36n.38 (mort stllrtrtg)
will be: t final $ 36n_?A 03/20/2005
Prepayment: If you pay of your debt early, you will not have to pay a penalty.
Late Payment You must pay a late charge on are portion of each payment received more
than 10 days late. The charge is 2 percent of the late-amount or $50.00 whichever is less.
Security Interest: You are giving a security interest in the vehicle being purchased.
Contract: Please see this contract for additional information on security interest, nonpayment
default, the right to require repayment of your debt in rue before the scheduled date, and
prepayment penalty.
It you do not meet your contract obligations, you may lose the vehicle that you are financing under this contract.
as well se both pans and Goods out on me vehicle and mawv. or cools; received for the vehicle.
NON-MODIFICATION ISCLOSURE
Any change In s contract must be In writing arse signed'.by you and the Creditor.
BUYER: ?, SI9UYER: X
SIGNS YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND
BY THE ARBITRATION PROVISION ON THE REVERSE 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 C"uyer) acknowledge that (1) before sislnino this
contract Buyer (and Co-Buyer) received anO reviewed a true
a completely filled In copy of this contract and (ii) at the
time of sI nin this contract, Buyer (and Co-Buyer) received
a true an completely filled to copy of this contract.
X. ha X
BUYER SIGNS (CO) BUYER SIGNS
By signing below, the SNIT accepts this contract. N no other Assignee is named In a separate
assignment attached to this contract, the Seller asetgns it to Ford Motor Cmda C
By X'41.4, C ntleC8?° _
SUTLIFF CAPITAL-FM
Pc hrur-a .A. m (Pwrb„ r senora .+v h. u.ed.i SEE BACK FOR ADDITIONAL AGREEMENTS
PA
YOU ARE NOT REQUIRED TO OBTAIN
CREDIT UFE, CREDIT DISABILITY AND
OTHER OPTIONAL INSURANCE. THIS
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
Insurer
$ N/A
Premium Insured(s)
Signature
Credit
? Disability
Insurer
$ N/A
Premium Insured
Signature
Other Optional Insurance Term
/A
Insurer Premium
Signature
Crecet Life and Credit Disability Insurance am
for the term of the contract. The amount and
coverages an shown in a notice or agreement
given to you today.
You must insure th vehicle. M a charge Is
shown below the Creditor will try to buy rte
coveragee ai;;ked for the team shown.
Cowsggaa will be based on the cash value of
tbe vW= at thins of lose, but not more than
the amas of the polity.
h? CGmprehen- >7 S__II?ABductible
CoNsion
? Fro- Theft-Combined Additional Coverage
? Towing and Labor
? Tenn Months (Estimate)
Premium S -'N/A
[gent Cancelled= WaWar Addendum (Opllonaq
box Is checked you have purchased a debt
cw,cdaton waiver. Purchase of this COwrape d
aptlorW erd le not required to obtain credt. Tha bnne
an0 corhdaore of he debt cancellation waiver are sat
font M the allschad Addw den which is
fnmrporetW
Into this mesa The price for the debt CerlmraaGll
waiver is act forth on this contract In the Itemization
of Amount Financed under Section 4.
Program No.
OUESTIONST
PLEASE CALL US AT 1.800.727-7000
or
Visit us at www.fordcredit.com
01-00+
ORIGINAL
I
ADDITIONAL Ar,RFFli
A. Payments and Summary Notice: You must make all
payments 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 willIdepaMCd-n pbdrm
payment params. The easel finance=charW!ffi "kilaed tNe.ui
disclosed Finance Charge H you mn&WYrour pdyin• VQ@9t3I%AH'J
the scheduled dotes or in less than the scheduled amount. The
Creditor will apply your payments first to the earned and unpaid
part of the Finance Charge and then to the Amount Financed. The
Creditor earns the Finance Charge by applying the Annual
Percentage Rate to the t)'npaid Amount Financed for the actual
time the unpaid Amount Financed is oulslendina.rlf.tike vgh?le.is
repossessed, you will not have a righ),to reinstate tha contract
unless the Creditor agrees. A %W
B. Security Interest: You give the Creditor a security interest in
F. Default: You will be In default it:
You do not make a payment when it Is due; or
You gave false or misleading infcTT9AL prL- .Mypuf credil.OL
application relating to [his contract; or Au HCURD c2at
Your vehicle is seieed:li)<aAf I&dU9 WQbr IeAerdbl1531`12)
authority and Is not promptly and unconditionally
returned to you; of
you file a bankruptcy petition or one is filed against you; or
You do not keep any other promise in this contract.
If you are In default, the Creditor may require ypp Jo pay at once
the unpaid Amount FjyjfrMp, the earned and Lfnpeid part of ?f p
Finance Charge and all other amounts due under this conuac
00H0(Mgy repossess (take back) the vehldeialgo. Hq?rttay also
lake goods found in or on the vehicle when repossessed and
hold them for you.
1. The vehicle and all pans or other goods put on the vehicle:
2. All money or goods received for the vehicle; and 0 J ,. F.
3. All Insurance premiums and service contracts financed Po nr yo ?.
This secures payment of all amounts you owe in this conlrec0Ih2r
also secures your other agreements in this contract. A\I•t
Uo.t:J01
C. Use of Vehicle - WARRANTIES: You must fake care of
the vehicle and obey all taws in using It. You may no(,,sellt_gr1enf
the vehicle, and you must keep it Iree from the clai of (liars.
You will not use or permit the use of the vehicle odNide•61 this
United Stales, except for up to 30 days in Canada or Mexico,
wllhout the prior written consent of the Creditor. It the vehicle Is
of a type normally used for pereonal use and the Credltpry or
the vehicle's manufacturer, extends a written warranty or
service contract covering the vehicle within 60 days fro((qry,,the
date of this contract you get Implied warrentrad' of
merchantability and flRss for a particular purpose covering
the vehicle. Otherwise, you understand and agree that there
are no such implied werrano"..
D. Insurance: You must Insure yourself and the Creditor raljamsli I
loss or damage to the vehicle. The Creditor must apprdva.the
type and amount of insurance. If the Creditor obtains a relVnd on
Insurance or service contracts, the Creditor will subt?as;t As
refund from what you owe. Whether or not the veh e s
Insured, you must pay, for H If It Is lost, damaged{ or
destroyed. U2. at
ne 010E
If a charge for vehicle instt)ence is shown on the front, the
Creditor wig try to buy the coverages checked for the term shown.
The Creditor is not liable, though, if he cannot do so. If these
coverages cost more than the amount shown for insurance, the
Creditor may buy them for a shorter tern or he may gve you
credit for the amount shown. If he cannot buy any insurance, he
will give you credit for the amount shown. The credit will be made
toltie9asl payments due. A\h
If the vehiclo is taken back, he will send you a notice. The notice
will say that you may redeem (buy back) the vehicle. II will also
show the amount needed to redeem. You may redeem the
vehicle up to the time the Creditor sells It or agrees to sell It. If
you do not redeem the vehicle, it will be sold.
Ting 'Efeditor will uselihe fitidnay from IheCs3lee loss the allowed
expenses, to pay the amount still owed on this contract.
Expenses paid as a direct result of having to retake the vehicle,
hold II for sale, and sell it are, as permitted by law, allowed
expenses. Lawyers' fees and legal costs permitted by law are
allowed, too. The Creditor will pay you any money left (a
surplus). You will pay any money still owing after the sale to the
Creditor. 11 you do not pay this amount when the Creditor asks,
the Creditor may charge you interest at the highest lawful rate
until you pay.
02G?SConsumer Roorts: You authorize Ford Motor Credit Com.
pany to obtain constmer credit reportsilrom consumer reporting
agencies (credit bureaus) Igfr spy reason and at any time In con-
nection wilhLlrisccp2ir cl.
H. General: Togan't91 A*Molor Credit ComparlPrabout this
account, call 1-BOD-727-7066hAlso, you may make alddress and
other seledled Chong-s'at;wVw.forddrddll;com)')Wo jaW'9f Penn-
sylvania applies to this conjrayt. If the law does not sllRr Iaif of the
agreements in this contract, (hie ones that are not allowed will be
void. The real of this contract will still be good.
FTC NOTICES -
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.
•r
IH [It, nt, r r. ApQ4 1.
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. THEJNFORMATIONe YOU SEE ON THE
WINDOW •FO?j (ul FOR THIS VEHICLE IS PART OF
TNIS CO?YfRACT. INFORMATION ON THE WINDOW
FORM OVERRIDES ANY CONTRARY PROVISIONS
IN THE CONTRACT OF SALE.
Late Charge: You will have to ay a late Cherrgg?? oJn? the
rportion of each payment made m( Deer(han ten days')a4A'`The
charge is shown on the front. Acceptance of a late pao,t6i Nes 0!
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.
lolls
GUARANTY
To causer 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 'GS'arantor guarantees the payment of this contract. This means that if 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 person who signs below agrees that he will be liable for
the whole amount owed even it one or more other persons also signs this Guaranty. He also agrees to be liable even H the Creditor
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 pen
to any of the other dW&nlora, or (c) releases any security, Each Guarantor also states that he has received a completed copy of this
contract and lhge.Guarenty at the time of signing.
Guarantor ' Address
Guarantor Address
READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY
ARBITRATION . . • .
FArbitraUonls is a method of resolving any claim, dispute, or controversy (coll ectively, a 'Claim')' wlthoul filing a lawsuit in court. Either you
('us' or'we') (each, a Party') may choose al any time, Including after a lawsuit is filed, to have any Claim related to this con-
ed by arbitration. Such Claims Include but are not limited to the followingg• 1) Claims in contract, Ion, regulatory or otherwise; 2)
arding the interpretation, scope, or validity of this clause, or arbitrabiliry of anissue; 3) Claims between you and us, our
, agents, successors, assigns, subsidiaries, or afiliates; 4) Claims arising out of or relaling to your application for,credh, this
r any resulting Iransaction,or relationship, Including that with the dealer, or any such relationship with third parties who do not
ontract. '
RIGHTS YOU AND WE AGREE TO GIVE UP
IT_
et er you or we choose to arbitrate a aim, 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 HAVE
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
B, hls You And We Do Not Give U : if a Claim Is arbitrated, you and we will continue to have the following rights, without waiving this
a Ilre'E,, provision as to any aim: ) Right to file bankruptcy in court; 2) Right to enforce the security interest in the vehicle, whether
by repossession or through a court of law; 3) Right to take legal action to enforce the arbllralor's. decision; and 4) Right to request that a
court of law review whether the arbitrator exceeded its authority.
Either Parry must contact any association below and the other Party to.Start arbltratl'on. The applicable rules rho 'fivlss') may be
obtained from the association. - - _ _ • Jh1 u. J
• American Arbitration Association ('AAA') del 1`600.778.7879, or www.adcoig; -
J.A.M.SJEndispute, al 1-800-448.1660, or www.lamsadr.com;
National Arbitration Forum, at 1-600.474-2371, or www.arb-forum.oom.
If there is a conflict between the Rules and this contract, this contract shall govern. This contract is subject to the Federal Arbitration Act
(9 U.S.C. § 1 of seq.) and the Federal Rules of Evidence. The arbitration decision shall be N writing with a supporting opinion. We will
pay your total reasonable arbitration fees and expenses (not including anomey fees, except where applicable law otherwise provides) in
excess of $125. We will pay the whole nting lee If we demand arbitration first. Any portion of this arbitration clause that is unenforceable
shall be severed, and the remaining provisions shell be enl.road.
ntor-s.iw w Irr.wa...wAU,,,.t. w v..al
. r ,
VERIFICATION
The undersigned, Gregg L. Morris, 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. By virtue of the fact that Plaintiffs authorized
representative is outside the jurisdition of the Court, the verification cannot be obtained within
the time allowed for the filing of this pleading. The pleading is submitted by counsel having
sufficient knowledge, information and belief based upon information provided to him by
Plaintiff, and after reviewing the client's file. 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:
ire g L. Morris, Esquire
Paten e & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_01 Atty Verification P&F File No. 2800.4778
C7 a
y
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V
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-44
0
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00775 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT CO
VS
JONES PATRICIA L
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
JONES PATRICIA L
DEFENDANT
was served upon
the
, at 1602:00 HOURS, on the 22nd day of February-, 2008
at 34 PINE HILL AVE
MECHANICSBURG, PA 17050 by handing to
MARK JONES
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.56
Affidavit .00
Surcharge 10.00
.00
?? ry?0 P 3 8. 5 6
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
02/27/2008
PATENAUDE & FELIX
By:
e uty Sheriff
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. 08-775 CIVIL TERM
V.
PATRICIA L JONES
Defendant(s)
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of:
FORD MOTOR CREDIT CO.
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_117 Prcp Def Jg Dl P&F File No. 2800.4778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO. )
Plaintiff )
V. )
PATRICIA L JONES )
Defendant(s) )
Patena)oe & Felix, A.P.C.
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
AGAINST PATRICIA L JONES ONLY
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer
to Plaintiffs complaint.
Amount claimed in Complaint $6,550.67
Interest from June 30, 2006 $317.96
Less payments received $0.00
Attorney's fees $2200.00
TOTAL
$9068.63
With continuing interest on the principal amount of $9068.63, 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.
submitted:
Date:
NO. 08-775 CIVIL TERM
YI orris, Esquire
E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_117 Prep Def Jg 131 P&F File No. 2800.4778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. 08-775 CIVIL TERM
V.
PATRICIA L JONES
Defendant(s)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA R C P 1037(b)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
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), PATRICIA L
JONES, 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.
& Felix, A.P.C.
Date:
Sworn to and subscribed before me this
day o , 200
Notary Pubic 41 is
COMMONWEALTH OF PENNSYLVANIA
Notarial Seel
Carolyn J. Stewart, Notary Pulft
Came& Boro, Allegheny County
My Commission E*m Aug. 14, 2011
Member, Pennsylvania Association of Notarles
p"reg L. Morris
213 E. treat
Carnegie, PA 15106
(412) 429-7675
PA-120 Aff of Non Mil P&F File No. 2800.4778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. 08-775 CIVIL TERM
V.
PATRICIA L JONES
Defendant(s)
IMPORTANT NOTICE
Filed on behalf of:
FORD MOTOR CREDIT CO.
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_l I 1 10 Day DI P&F File No. 2800.4778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
V.
PATRICIA L JONES
Defendant(s)
To: Patricia L Jones
34 Pine Hill Ave
Mechanicsburg Pennsylvania 17050
Date of Notice: March 14, 2008
NO. 08-775 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
Respectfully s, tted:
Patenaud elix, A.P.C.
Date:
,9r g L. N16-ms, Esquire
21 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_111 10 Day Dl P&F File No. 2800.4778
I, GREGG MORRIS, attorney for Plaintiff, FORD MOTOR CREDIT CO. , hereby certify that a
true and correct copy of foregoing document was served this date by ordinary mail upon the following:
Patricia L Jones
34 Pine Hill Ave
Mechanicsburg PA 17050
Date
OAgg L mquire
atenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_111 10 Day Dl P&F File No. 2800.4778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. 08-775 CIVIL TERM
V.
PATRICIA L JONES
Defendant(s)
NOTICE OF ORDER, DECREE
OR JUDGMENT
Filed on behalf of:
FORD MOTOR CREDIT CO.
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. 2800.4778
/yam ? ? O f17T"'?
` t
'! {
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
V.
PATRICIA L JONES
Defendant(s)
NO. 08-775 CIVIL TERM
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant
You are hereby notified that the following Order, Decree, or Judgment has been entered
against you on /62
( ) 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 19068.63, 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
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_121 Ntc Jgmt DI P&F File No. 2800.4778