HomeMy WebLinkAbout04-2027IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
Ford Motor Credit Co.
Plaintiff
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
BARANISHYN, CARL 2800.360.wpd
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO. )
Plaintiff ) NO. I~
)
v. )
)
CARL BARANISHYN, JR. )
)
Defendant(s) )
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, FORD MOTOR CREDIT CO., by and through its attorney,
GREGG L. MORRIS, ESQUIRE and the law offices ofPATENAUDE & FELIX, A.P.C and files
the following Complaint in Civil Action, and in support thereof aver as follows:
1. Plaintiff, Ford Motor Credit Co., is a corporation with offices at 575 East
Swedesford Road, Suite 100, Wayne, Pennsylvania 19087.
2. Defendant is, Carl Baranishyn, Jr., an adult individual, who is believed to currently
reside at 136 North Regency Woods, Carlisle, Pennsylvania 17013.
3. On or about February 28, 2001, the aforesaid Defendant 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 Plaintiff's Exhibit "1" 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 was to make Sixty (60) payments
of $247.12 commencing on, March 30, 2001.
6. The terms of the Contract provide for termination upon satisfaction by Defendant
of all obligations provided thereunder.
7. Plaintiff ay.ers that' Defendants defaulted under the Contract by failing to make
payments to Plaintiff as promised.
8. Due to Defendant's default under the Contract, Plaintiff exemised 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 $7,954.13 is due from Defendant as of April 30,
2003.
10. The terms of the Contract provide that Defendants will pay Plaintiff's reasonable
attorney's fees.
l 1. Defendant is entitled to credits totaling $78.00
12. Plaintiff avers that such attorney's fees will amount to $2,300.00.
13. Despite repeated request, Defendant has wllfully failed and/or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the
amount of $7,876.13, interest from the date of breach, reasonable attorney's fees in the amount of
$2,300.00 with continuing interest thereon at the legal rate from the date of Judgment plus costs.
The damages requested are less than the maximum amount for compulsory arbitration as set by the
Court.
Respectfully Submitted:
~ude & Felix, A.P.C
c u .d,P /15106
(412)429-7675
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, and
is based upon and has been obtained from a review of the facts and information contained in the
business records of the Plaintiff supplied to us by the Plaintiff. Cotmsel has signed the verification
as a matter of time and convenience. The verification of the party will be provided if requested.
The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom
falsification to authorities.
~.P.C
C ameg~ P"o,,,p:~ 5106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
)
) NO.
)
)
)
)
)
)
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 ajudgment 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 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:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
800-990-9108
PENNS .Y~YANIA 5/MPI:E ~NTERE~T VEHICLE RETAIL INSTALMENT CONTF~ACT
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- ~mmct~,,~y~c~: ~M~e.~,~rm~,~a~m~* -QUESTIONS?q*
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You am ended ~ an e~ copy of~ con~ you sign.
Keep It ~ur ~1 HghM, PL~ CALL US AT
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-. '*3:"A~ r,,~u,'anc~ .p~e~.~msand ..~ce conb~ n~aneea f~r y~J.
NO~CE - ANY H. OLDE~ OF THIS COf~UMER CREOn'
CO~TRAGT W SUBJECT TO ALL CLA~MS ~#D
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SHERIFF'S RETURN
CASE NO: 2004-02027 P
COMMONWEALTH OF PENNSYLVANIA:
COIINTY OF CIYMBERI_~tlgD
FORD MOTOR CREDIT CO
VS
BAP~AlgISHYN CARL JR
- REGULJtR
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BARANISHYN CARL JR
DEFENDANT , at 1502:00 HOURS,
at 136 NORTH REGENCY WOODS
CARLISLE, PA 17013
CARL BAR~NISHYN JR
a true and attested copy of COMPLAINT & NOTICE
on the 10th day of May
by handing to
the
, 2004
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.52
Affidavit .00
Surcharge 10.00
.00
33.52
Sworn and Subscribed to before
me this /~ day of ~
Prothonotary
So Answers:
R. Thomas Kline
05/11/2004
PATENAUDE & FELIX
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
04-2027
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of:
Ford Motor Credit Company
Plaintiff
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
BARANISHYN, CARL 2800.360.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
04-2027
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer to
Plaintiff's complaint.
Amount claimed in Complaint
Interest from April 30, 2003
Attorney's fees
TOTAL
$ 7,876.13
$ 1,324.66
$ 2,300.00
$11,500.79
With continuing interest on the principal amount of$11,500.79, 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.
By:
Pate
213
Carn~
(412
u!e & FiliX[ei~(i~/A, 'P'C~..A 15106A'P'C
429-7675
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
04-2027
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(b)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Gregg L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant, Carl Baranishyn, Jr., is not
in the military service of the United States of America to t~exbest of his knowledge, information and
belief and certifies that Notice of Intent to take Defaulj 4ud~ement was maiTed in accordance with
Pa.R.C.P. 237.1, as evidenced by the attached copy./ \ /-h
P~ [enan~ 4 l~elix, A.P.C
21 }V~l~la~3ttreet
Camegie, PA 15106
(412) 429-7675
Swom to and subscribsd before me
this .] (:vI'#day of (_JU~IF--) 2004,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
)
) NO. 04-2027
)
)
)
)
)
)
IMPORTANT NOTICE
Filed on behalf of:
Ford Motor Credit Co.
Plaintiff
Plaimiff
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
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
CARL BARANISHYN, JR.
Plaintiff
Defendant(s)
)
) NO. 04-2027
)
)
)
)
)
)
To~
Carl Baranishyn, Jr.
136 North Regency Woods
Carlisle, Pennsylvania 17013
Date of Notice: June 2, 2004
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 WITH1N 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. 1F 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
800-990-9108
Pat,~'~de~& Felix,
Patefi~ude ~& ~E~ A.P.C
213 E.kMa]n Street
Camegi~r;', PA 15106
(412) 429-7675
I, Gregg L Morris, attorney for Plaintiff, Ford Motor Credit Co., hereby certify that a tree
and correct copy of the foregoing document was served this date by US First Class Mail, postage
prepaid upon the following:
Date:
Carl Baranishyn, Jr.
136 North Regency Woods
Carlisle, een~,~y~l,~l~ 17013
//' ~/re~g L ,I~lorr~ ~/E~quire
r Patenaud)~ & Ft~liX, A.P.C.
AttOm~s for Plaintiff
213 E Main Street
Carnegie, PA 15106
(412) 429-7675