HomeMy WebLinkAbout04-0818HAYT, HAYT & LANDAU
BY: ARTHUR LASHIN, ESQUIRE
IDENTIFICATION NO. 23425
SIXTH FLOOR
400 MARKET STREET
PHILADELPHIA, PA 19106-2509
(215) 928-1400
FORD MOTOR CREDIT COMPANY
One American Road
Dearborn, Michigan 48122
vs.
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
cIvI I, DI VISION
TERM,
HARRY M. HOUDESHELL
811 Wetzville Road
Enola, Pennsylvania
17025
No. Oq-- glf
CIVIL ACTION
"NOTICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
"AVISO
CML ACTION
1. Plaintiff, Ford Motor Credit Company, is a corporation duly organized and existing
under the laws of the State of Delaware, and authorized to do business in the
Commonwealth of Pennsylvania, with offices located at One American Road, Dearborn,
Michigan 48122.
2. Defendant(s) Harry M. Houdeshell is/are individual(s) residing at the address(es)
contained in the caption of the case.
3. On or about August S, 2002, Defendant(s) (buyer) entered into a written Automobile
Instalment Contract (hereinafter called the Contract) to purchase a '¥ehicle" from a dealer
(creditor) as fully described in said Contract, said purchase to be made according to the
terms, prices and conditions contained within the aforesaid Contract, a true and correct
copy of said Contract being attached hereto, made part hereof, and marked Plaintiff s Exhibit
4. "Creditor" subsequently assigned the aforesaid Contract to Plaintiff, Ford Motor Credit
Company.
5. Subsequently, Defendant(s) did default upon the aforesaid Contract by failing to
make timely installment payment to Plaintiff and in accordance therewith the entire
remaining balance became due and payable immediately.
6. The aforesaid Contract further provides that in the event of default, Plaintiff may
repossess the '¥ehicle" and sell same in accord with the terms of the aforesaid Contract.
7. The aforesaid Contract further provides that buyer agrees to pay lawyers fees and
legal costs permitted by law.
8. As a consequence of the foregoing, there is currently due and owing to Plaintiff by
the Defendant(s) the following sums:
BALANCE WHEN REPOSSESSED $27,720.61
LESS: Sale Proceeds 13,900.00
Physical Damage Insurance Premium Refund .00
Credit Life Insurance Premium Refund .00
Accident & Health Insurance Premium Refund .00
Finance Charge Refund .00
ADD: Earned but Unpaid Credit Charges 238.19
Unpaid Late Charges 8.46
Repossession Expense 362.50
Balance Owing $14,429.76
Customer Payments Received after
establishment of Deficiency .00
SUB TOTAL $14,429.76
Interest 721.49
Plus Attorney's fees of 20% 3,030.25
TOTAL DUE $18,181.50
9. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to
pay the aforesaid sum.
WHEREFORE, Plaintiff demands that judgment be entered against Defendant(s) in
favor of Plaintiff in the amount of $18,181.50 together with interest and costs. HAYT, HAYT & LANDA/~
By:
Arthur Lashin, Esquire
Attorney for Plaintiff
PENNSYLVANIA SIMPLE I~JTEREST VEHICLE RE AIL N C NTB DATE 08/05/0~
( Sna~Z'~rZWLLE R~ tooo p~u<ro~ sr ~o ~ox ~7
~ E~OLA' PA 17025 '
INSURANCE
Ttede~ 92FORD EXPLORFR S~,~O~ fl/~- YOUMAYO~TAINVEH~CLEINSURANCE
[TEMIZATION OF AMOUNT FINANCED
T~al DOWn Payment ...................................................................... $ ~OOO. gO.
iii) for ~ling fees $ ~ 6~. 50 1661.00
ANNUAL FINANCE Amount To~l of To~l Bale
J.~O % S ~720.16 S2~846,00 s~0~66.[6 s
DO not slg~ this contract in blahk.
You are entitl~ to an exact oopy of the ~ontraet you sign.
Keep it jo prote:t y~ur
~uyer ~cknowl~es receipt
~ ---~ .
~ SU~FF CAPITAL F~RD ~JC ~'~,~
FROM A PERSON OF YOUR CHOICE.
YOU ARE NOT REQUIRED TO OBTAIN
CREDIT LIFE~ CREDIT BISASlLITY AND
OTHER OPTIONAL INSURANCE· THIS
CONTRACT WILL NOT INCLUDE THEM
UNLESS YOU SIGN AND AGREE TO PAY
THE PREMIUM.
THIS CONTRACT' DOES NOT INCLUDE
LfABIU'rY iNSURANCE COVERAGE FOB
BODILY INJURY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
$ N/A
{3DJsability
S~nature
$ MIA
QUESTIONS?
I. OJ
PLEASE CALL US AT 1-800-727-70~0
copy of this contract at the time of stgning,~
}
tN ,,THE CONTRACT OF%SALE;'
STATE OF ARIZONA
COUNTY OF MARICOFA
AFFIDAVIT
Bafoara h Buckwalf~r
, being duly sworn according to
law, deposes and says that he/she is
for Ford Motor Credit Company, and that he/she is duly authorized
to take this Affidavit on behalf of Ford Motor Credit Company, and
that the facts contained in the attached pleading are true and
correct to the best of his/her information, knowledge and belief.
Sworn to and subscribed
before me this day
of FEB 0921~ , 2o
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00818 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT COMPANY
VS
HOUDESHELL HARRY M
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE was served upon
HOUDESHELL HARRY M the
DEFENDANT at 1235:00 HOURS, on the 27th day of February ,
at 811 WERTZVILLE ROAD
ENOLA, PA 17025 by handing to
SUSAN BISH, FIANCE
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
together with
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this ~'~-~ day of
7~ ~2DY3 ~ A.D.
So Answers:
R. Thomas Kline
03/01/2004
HAYT HAYT ~
By:
Deputy Sheriff
otary ~
OIY/Qj...
'Y"c
HAYT. HAYT & LANDAU
BY: ARTHUR LASHIN, ESQUIRE
IDENTIFICATION NO, 23425
SIXTH FLOOR
400 MARKET STREET
PHIlAf)E1..PHlA, PA 19106.2509
(215) 9211-1400
ATTORNEY FOR PLAINTIFF
FORD MOTOR CREDIT COMPANY
CUMBERLAND COUNTY
CaUR T OF COMMON PLEAS
CIVIL DIVISION
vs.
HARRY M. HOUDESHELL TERM,
No, 04-818 civil Term
PRAECIPE TO DISCONTINUE WITH()UT PREJUDICE
TO THE PROTHONTARV:
Kindly discontinue the above captioned roatt.er without prejudice.
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By:
Attorney for Plaintiff
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