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HomeMy WebLinkAbout09-2794MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Id tification No. 74276 lene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff 15) 189-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. JASON R DALRYMPLE 4 Paradise Dr Carlisle, Pa 17013 LISA M DALRYMPLE 4 Paradise Dr Carlisle, Pa 17013 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 09- a'7qq blotTem NOTICE 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. CIVIL ACTION COMPLAINT AVISO Le ban demandado a usted en Is corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vemte (20) dias de plazo al partir de Is fecha de Is demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o can un abogado y entregar a Is corte en forma escrita sus defensas o sus objeciones a las demandas en contra de so persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede continuar Is demands en contra suya sin previo aviso o notificacion. Adernas, Is torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demands. Usted puede perder dine o sus propiedades u otros derechos importantes pars usted. 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. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff (215) 789-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. JASON R DALRYMPLE 4 Paradise Dr Carlisle, Pa 17013 LISA M DALRYMPLE 4 Paradise Dr Carlisle, Pa 17013 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 07- 2 77'1 cc; -a 1i'- CIVIL ACTION COMPLAINT 1. Plaintiff, FORD MOTOR CREDIT COMPANY, A Delaware Limited Liability Company, is a Corporation with its place of business at P.O. Box 6508 Mesa, Az 85216-6508. 2. Defendant, Jason R Dalrymple, is an individual who resides at 4 Paradise Dr Carlisle, Pa 17013. 3. Defendant, Lisa M Dalrymple, is an individual who resides at 4 Paradise Dr Carlisle, Pa 17013. 4. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 5. On or about April 2, 2004, the Defendant(s) entered into a written Motor Vehicle Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of obtaining financing in the amount of $20489.80 at an annual percentage rate of 6.990%, in order to purchase a certain motor vehicle, 2004 Ford Focus more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. 6. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $299.83 for a period of 60 months until the loan was paid in full all as is more fully set forth in the Contract. 7. Defendant(s) made monthly payments until June 18, 2007, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 8. As a result of the default by Defendant(s), and pursuant to the terms of the Contract, the above-mentioned vehicle was repossessed and a notice of repossession was sent to the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice of the sale date. A copy of the notice of repossession and notice of sale date are attached and marked as Exhibit B. 9. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit given to the Defendant in the amount of $4300.00, however a balance of $5481.61 is still due and owing, and a notice of the deficiency balance was sent to the Defendant. See copy of the notice of the deficiency balance attached and marked as Exhibit C. 10. Pursuant to the terms of the contract, Defendant is required to pay all amounts due and owing, including any balance that may remain after the sale of the vehicle, and the Defendant failed to do so, thereby in default of the Contract. 11. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $663.45 and which will continue to accrue. 12. The total amount due and owing at the time of the filing of this complaint is $6145.06. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $6145.06, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. , P.C. ESQUIRE Attorney for Date: April 17, 2009 VERIFICATION I, CHARLENE A. TAYLOR, ESQUIRE, verify that I am the Attorney of record for Plaintiff, FORD MOTOR CREDIT COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY, and duly authorized to make this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. BY: DATED: April 17, 2009 INDIANA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 04/02/2004 Buyer (and C"upo Name and Aaarw (Including County and 23p Code) CRIDITOR (SNNNr Nara and Address) pJASOH.R DALRYMPLE LISA M DALRYMPLE ADVANTAGE F/L/M SALES SERVICE RUSHVILLER11 4ON ST 216 N 6173 RUSHVILLERIN046173 CONNERSVILLE, ROAD 47331 You, tin Ew r (srd Co4luyw, a mat, my bry 1h*vaMelo dsaarWw bMw ter omh «on , 1- Ths oven price ls sham below ns Crh PAs.• Tie WW= ere& lwbelow an Kaalrill eaY Prow ey NanNp tlds oonb I you oleos to b y Ms vahbda on aadh, ft pnwsnb on the ham um comma. NemNsed =a Ywr end lwua MUM MW M Tn.& (ba.) VNYCM WenwloYlm NaMr 1be Far aniM pu,aweeo NEW 2004 FORD FOCUS 1FAFP38Z74Y115441 , ? Amy T.m` A!A N/A I N/A : N/A Year wa Mrs Gaea Alarwln Amara awire INSURANCE ITEMMATNON OF AMOUNT FINANCED YOU MAY OBTAIN VEHICLE INSURANCE 1. Caen 16927.5111 FROM A PERSON OF roUR CHOICE. 2. Down Payment LIABILITY INSURANCE COVERAGE FOR TMrd party Rebell Assigned To Creditor $ 2500.00 BODILY INJURY AND PROPERTY DAMAGE Cash Down Piny ne ..,,_...__._..,.........M_.__._._.. $ N/A CAUSED TO OTHERS IS NOT IlCLI1DED. Dslsrnd Doan Pay as due S--W Trade in (dsscdpoon abow)_._ _ .__ _ ._ __._... $ NSA CREDIT LIFE, CREDIT DISABILITY AND ToW Down Papnrd_.W._._._.....w...__. _ OTHER OPTIONAL INSURANCE ARE NOT 9. Unpaid Balance al Cash Price (1 minus $144 7.53M REOURW TO OBTAIN CREDIT AND WILL 4. Anawms pap on Vow b~ pow may be mbkrkrg • portion of Nurse Mlamb) NOT BE PROVIDED UNLESS YOU SLAIN To Public Officials AND AGREE TO PAY THE PREMRNM. 0) for license, ON s registration fm $ N/A ; (h) for Bing fees s N /A (Ain for taxes (riot in Cash Price) s ? $ N/A To brllalrce Compan' for Vehlololmur.nce_._....._.__.__..__._.._._._....__ __._.__.. $ N/A Credit Life Insurance _._._....__.__._............... .......... $ N/A Crom Dletllllly lmurerlee......._.._.__.___......__.__..._. s MIA ...____...._..__._....... _..._..._... $ -- TO for I17N T for $ N/A TIUKU for $ 675.00 To for $ N/A $ C79_A!1(4) 5. Amount Financed (3 pica 4).__..._.._...__........__.____.........M, $ -- Jb102-63(1) FE DERAL TRUTH 4HANMG DISCLOSURE S ANNUAL FINANCE Amount Total of Total Sash PERCENTAGE CHARGE Financed Payments Price RATE The dollar anent The wno rat of The amour The wm sop The c«t of your o,eda the newt .nu can . provided to you as rent o ep when Of your MK on adl se a yearly raw poet you youa on vow behalf y u p Irve MOM ar d, da d your d d s a e payna s ampeynar of s P-w on pens- Soils a Nmaber of Amount of Eats Wheri PsymMS sedge Pie psi Your peynani will b aduetlule 69 s 299.83 ( yy ypyp) 1 row $ 299,91 05f17/prrrt4 a ft omit a for addearw yo« require mpwnwd of -7-Y.-MI-1 seaw steeps sae oorwrrL If no =As= naard lo • aapmaee a Bice sarmbst M Masr snlwee stllltaawa. FC 17e1MI Aug 02 (Prsvioa a«am may NOT be teed.) W SEE BACK FOR ADDIRONAL AGRIEMENM OCredN LNe Insurer $ _?f AA Premium Irusured(s) Sipnadlre(a) Credit C3 Disability N/A Insurer $ Prem,urh insured ? N/A Otter Opft* Insurance Term $ N/A Insurer Premium Signature Cresf Lee and CrW asb loew ace t« irw bmm a ors mtYaoLMbTrn swwmeums m and aov«aoaa am "hew Ins menaces or agraeamwd gbwt to you tadey You sm mJ." b knee tin veNela. a a desploshowI -sw, F«d CrawlaBtrylobuy In oda«ayle canceled for No seem sho.n. Comman se be breed on the sash value or the WNW* at lbme of bs, but not Mon OW the Ran of the salty. ? Carnparen" ? s1l/A_Daduclbla Collision ? Flw Than-Combined Addniani Coverage ? Towing and Labor ? Term Moran (Eatma) Program No. QUESTIONS? PLEASE CALL US AT /-IW727-7ooo or Visit us www.fordcredft.com 02-$01 ORIGINAL xesi ?xao-zaoo ' 0 0 I ...PRN... Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606-8948 (877) 805-7187 POBA91300100098 LISA M. DALRYMPLE 890 S CEDAR AVE ORANGE CITY FL 32763 Date of Repossession 06-27-2007 Date of Notice 06-28-2007 Date of Contract 04-02-2004 Account Number: 036761372 Buyer JASON R. DALRYMPLE Cobuyer LISA M. DALRYMPLE DESCRIPTION OF PROPERTY Year 2004 Make FORD Q New ? Used Vehicle Identification Number: 1 FAFP38Z74W115441 Model FOCUS Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement 7x PRIVATE SALE: We will sell the property described above at private sale sometime after 10 days from the Date of Notice shown above. ? PUBLIC SALE: We will sell the property described above at public sale to the highest bidder on the date below (or any adjournment date). The sale will be held as follows: Date of Sale Time of Sale Place of Sale You may attend the sale and bring bidders if you want. The money that we get from the sale (after paying our costs, including reasonable attorney's fees and legal expenses if permitted by law) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at the telephone number above. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number above, or write us at the address above and request a written explanation. If you need more information about the sale call us at the telephone number above, or write us at the address above. We are sending this notice to the following people who have an interest in the property described above or who owe money under your agreement: 1) The buyer and any cobuyer named above; 2) Any dealer/original creditor named below; 3) If there are other people, they are named on an attachment sent with this notice. ? The property has been (or will be) returned to: (dealer/original creditor) Under our agreement with your dealer/original creditor, the dealer/original creditor is to sell the property and pay you any money left over. If you owe money after the sale, you will pay it to the dealer/original creditor. Q PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the next 60 days or, in accordance with state law, by contacting this office. Thereafter, the personal property shall be disposed of accordingly. ? Creditor has assigned to its qualified intermediary (01 Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above. PAYMENTS: All payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicle's odometer is not accurate for any reason, please contact us so that we can accurately report the vehicle's mileage. INSURANCE RIGHTS: If you don't want to get your property back, call the insurance company or the dealer/original creditor to make sure that any insurance has been cancelled. You have a right to get credit for all premium refunds. SHANA D. CHANDLER FFNA 11988 Jan 02 Previous editions may NOT be used. Printed in U.S.A CUSTOMER/CUSTOMER FILE U.S.A. ***PRN*** Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606-8948 (877) 805-7187 POBA91300100006 JASON R. DALRYMPLE 890 S CEDAR AVE ORANGECITY FL 32763-4715 Date of Repossession 06-27-2007 Date of Notice 06-28-2007 Date of Contract 04-02-2004 Account Number: 036761372 Buyer JASON R. DALRYMPLE Cobuyer LISA M. DALRYMPLE DESCRIPTION OF PROPERTY Year 2004 Make FORD Q New ? Used Vehicle Identification Number: 1 FAFP38Z74W115441 Model FOCUS Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. Q PRIVATE SALE: We will sell the property described above at private sale sometime after 10 days from the Date of Notice shown above. ? PUBLIC SALE: We will sell the property described above at public sale to the highest bidder on the date below (or any adjournment date). The sale will be held as follows: Date of Sale Time of Sale Place of Sate You may attend the sale and bring bidders if you want. The money that we get from the sale (after paying our costs, including reasonable attorney's fees and legal expenses if permitted by law) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at the telephone number above. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number above, or write us at the address above and request a written explanation. If you need more information about the sale call us at the telephone number above, or write us at the address above. We are sending this notice to the following people who have an interest in the property described above or who owe money under your agreement: 1) The buyer and any cobuyer named above; 2) Any dealer/original creditor named below; 3) If there are other people, they are named on an attachment sent with this notice. ? The property has been (or will be) returned to: (dealer/original creditor) Under our agreement with your dealer/original creditor, the dealer/original creditor is to sell the property and pay you any money left over. If you owe money after the sale, you will pay it to the dealer/original creditor. Q PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the next 60 days or, in accordance with state law, by contacting this office. Thereafter, the personal property shall be disposed of accordingly. ? Creditor has assigned to its qualified intermediary (QI Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above PAYMENTS: All payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicle's odometer is not accurate for any reason, please contact us so that we can accurately report the vehicle's mileage. INSURANCE RIGHTS: If you don't want to get your property back, call the insurance company or the dealer/original creditor to make sure that any insurance has been cancelled. You have a right to get credit for all premium refunds. SHANA D. CHANDLER FFNA 11988 Jan 02 Previous editions may NOT be used. Printed in U.S.A CUSTOMER/CUSTOMER FILE U.S.A. Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2007-07-24 POBU1T000OOO19 LISA M. DALRYMPLE 890 S CEDAR AVE ORANGE CITY FL 32763 JASON R. DALRYMPLE 890 S CEDAR AVE ORANGE CITY FL 32763-4715 STATEMENT OF SALE Account Number: 036761372 The following property has been sold. Year Make Model 2004 FORD FOCUS Balance owing on your contract Vehicle Identification Number: 1 FAFP38Z74W 115441 (1) $ 8,893.10 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 8.893.10 Deduct: gross proceeds of the sale (4) $ 4,300.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 4,593.10 Add: Expenses of retaking and storing, and (6) $ 593.51 any attomeys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 0.00 Other: (8) $ 0.00 (9) $ 5186.61 Deficiency** Surplus* (10) $ N/A The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (debits). Surplus* or Deficiency" If the sale resulted in a surplus, a refund for the difference will be mailed to you. If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for payments shown below. For additional information call or write: Mail deficiency payment to: Ford Motor Credit Company Ford Motor Credit Company P.O. BOX 6508 DEPT 194101 MESA ARIZONA 85216-6508 P.O. BOX 55000 (800) 732-2264 DETROIT MI 48255-1941 FFNA11990 01/04 Previous editions may NOT be used. Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2007-07-24 POBUlT00000018 JASON R. DALRYMPLE 890 S CEDAR AVE ORANGE CITY FL 32763-4715 LISA M. DALRYMPLE 890 S CEDAR AVE ORANGE CITY FL 32763 STATEMENT OF SALE Account Number: 036761372 The following property has been sold. Year Make Model Vehicle Identification Number: 2004 FORD FOCUS 1 FAFP38Z74W1 15441 Balance owing on your contract (1) $ 8,893.10 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 8.893.10 Deduct: gross proceeds of the sale (4) $ 4,300.00 Balance less ross roceeds of the sale (3 - 4) (5) $ 4,593.10 g p Add: Expenses of retaking and storing, and (6) $ 593.51 any attomeys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 0.00 Other: (8) $ 0.00 (9) $ 5186.61 Deficiency" * (10) $ N/A Surplus The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (debits). Surplus' or Deficiency" If the sale resulted in a surplus, a refund for the difference will be mailed to you. " If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for payments shown below. For additional information call or write: Mail deficiency payment to: Ford Motor Credit Company Ford Motor Credit Company P.O. BOX 6508 DEPT 194101 MESA ARIZONA 85216-6508 P.O. BOX 55000 (800) 732-2264 DETROIT MI 48255-1941 FFNA11990 01/04 Previous editions may NOT be used. CS) Fll- !r;[ THE 2009 MAY -4 PH 2: 3'j- #12. 5o Po ACTT/ ex.'s I (Ass ox* aa4io Go Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy of CUR[brr n? OFFICE OF THE SkERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 R. Thom s Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inqu ry for the within named defendant to wit: Jason R. Dalrymple, but was unable to locate him in his bailiwick He therefore returns the within Complaint and Notice as not found as to the defendant Jason R. Dalrymp e. Per current tenant of 4 Paradise Drive Carlisle, Pennsylvania 17013, they have never heard of the defe dant. The Carlisle Postmaster advised the mail is delivered to the address given. An exact address is not available. 05/14/2009 R. Tho as Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inq iry for the within named defendant to wit: Lisa M. Dalrymple, but was unable to locate her in his bailiwic . He therefore returns the within Complaint and Notice as not found as to the defendant Lisa M. Dalrym le. Per current tenant of 4 Paradise Drive Carlisle, Pennsylvania 17013, they have never heard of the def dant. The Carlisle Postmaster advised the mail is delivered to the address given. An exact address is not available. SHERIFF COST: May 22, 2009 Ford Mdtor Credit Co. Jason ?. Dalrymple SO ANSWERS, KLINE, SHERIFF c? ^a 0 r a- -n - rv D CL)