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HomeMy WebLinkAbout09-4959ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED 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 Defendant(s). /2SJ-/IJJ FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. MICHAEL J FORD 52 C Erford Rd Camp Hill, Pa 17011 CIVIL ACTION COMPLAINT AVISO 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. 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. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 09-44-54 0'-(&rM Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo at partir de la fecha de ha demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o can on abogado y entregar a la 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, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Adernas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. 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 P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. MICHAEL J FORD 52 C Erford Rd Camp Hill, Pa 17011 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 09. 8459 CU?? 7Z- CIVIL ACTION COMPLAINT 1. Plaintiff, Ford Motor Credit Company, is a Corporation with its place of business at P.O. Box 6508 Mesa, Az 85216-6508. 2. Defendant, Michael J Ford, is an individual who resides at 52 C Erford Rd Camp Hill, Pa 17011. 3. 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. 4. On or about July 28, 2005, 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 $59576.94 at an annual percentage rate of 14.290%, in order to purchase a certain motor vehicle, 2008 Ford Explorer more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. 5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $881.31 for a period of 60 months until the loan was paid in full all as is more fully set forth in the Contract. 6. Defendant(s) made monthly payments until August 12, 2008, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 7. 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. 8. 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 $7800.00, however a balance of $17776.35 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. 9. 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. 10. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $1412.79 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $19189.14. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $19189.14, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. MAURIC$ &114EFPLEMAN, P.C. Attorney R, ESQUIRE Date: July 16, 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 unsworn falsification to authorities. BY: DATED: July 16, 2009 PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT GUNTNAGI UAIC 07/28/2005 Buyer and Co-Buyer) Name and Address (including County and Zip Code) CREDITOR (Seller Name and Address) 0 BBCORAAEH L FORD 10'2'4 D ppcc M1bNLEE ANNOCOURT AUG 1 2005 TLINCSLNINA1f EAST r /? J? p ENOLA CUMBERLAND PA 17025 CHAMBERSBUR6 PA 17201 A.3?n 6 It 1 Veu. the Buyer tarot CoA~. If amyl. may low the vehicle daaalbad below lee nth or on credit . The 'Cub Pia' sham b l le the cash aloe of the vahioe. The -Total Sale Pros' Mown below b the credit prim By starting tae contract, you choose to buy ea aedh under as agreaheants on the nom and lack of this contract. 2005 I I ?xRersorel ? Agricultural NEW FORD TRUCK EXPLORER I FM7117ACAFIIA9SAna ? commercial Tredein 1999 OLDSMOBILE a 10390.00= 10390.00 year and bloke Gross Allowance Amount Owing ITEMIZATION OF AMOUNT FINANCED 1. Cash Price ..... _..... .............................. -..... ..................... _.................. $ 418_46.25(1) 2. Doren Payment Third Party Rebate Assigned to Creditor ........... __ ............ . $ N/A Cash In $ 6697.34 f'XT L'DSRV rU3sts:11o.........3b §o:ao o oo Trade-in zz- $ . year cod Nelo nwo AM- Awe OWM Total Down Payment .... ._ ..................................... .... ........ ......... $ 6697.34(2) 3. Unpaid Balance of Cash Price (1 minus 2) .......................... ..... _._ $ 35148.91(3) 4. Amounts paid on your behalf (Seiler may be retaining a portion of these amounts) To insurance Companies for $ N /A Credit Life Insurance (for term of contract) ........... ....... MIA Crn/Kedit Dleability Insurance (for term ql contract).......... _ $ N/A [Term // nths (Estimate)) To Public Officials (i)?or Ii09nse ($ /A ), title ($ 22.50 ), d - 58. 50. registration ($ b U?fgCS (if) for filing fees $ J ti 1906.72 (iri)'fd A(Qot in Cash Pricel_j, A $ 1970.22 253 T. for -- - $ . MIA Wfx TO for - - 1 * CREST FURU. INCfa DOC EE $ 55.00 To nn $ 55 To N/A for N/A $ N /A Total .._....... _._................ ...................... _._....... _._ ........................... $ 227A 29.(4) FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Safe PERCENTAGE CHARGE Financed Payments Price RATE The doper amount The amount of The amount The total cost The cost of your the credit will cretin provided to you will have of your purchase on Yco you or on your paid when you credit, credit as a yearly rate cost you behalf have., ade as including your scheduled down payments of $ a m 14.29 % s 15451.47 is 37427.13 $ $ 5957.x, fad Payment Schedule Number of Amoutt of Each When Payments ISIXpa s Payment are due Your payment schedule 39 $ 1181 .31 (monthly starling) WWI be: I final $ 88i.31 09/11 /,-nn.,, Prepayment: If you pay off your debt early, you will not have to pay a penalty. Late Payment: You rrkat pay a late charge on the portion of each payment received more then 10 days We. 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 Infomation on security Interest, nonpayment ,=r= lo require repayment of your deft in full before the scheduled date, arced alty h you do not meet your lore. you may loss the vehicle the you are W WhOk?a 97 sontact. as well as both parts and put tie vehicle and money or goods reoely for the DIFICATION DISCLOSURE Achy change in wdtlng hnrW signed by you and the b BUYER: Ct}BUYER: SIGNS 31ON3 YOU AC LE AT YOU HAVE READ AND AGR TO BE BOUND BY THE RBtTRATION 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 Co-Buyer) acknowledge that (i) before si rain this contract, Buyer and Co-Buyer) received an reviews a true and completely filled in copy of this contract and (ii) at the Co- er) paq-we-li-id t1 slanind-tbis contract, BuyT'*?'7?/ a rue ps C X BUYER '(CO R NS By algnleg bit Milhor accepts this epfa? ZDls.contreoC tM 9eU?r sea) any. FC VMS .col m eiavim,r eeeb,w vey W ,ava.l SEE BACK FOR ADDITIONAL AGREEMENTS PA YOU MAY OBTAIN VEHICLE INSURAN FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REQUIRED TO OR CREDIT LIFE, CREDIT DISABILITY OTHER OPTIONAL INSURANCE. CONTRACT WILL NOT INCLUDE T UNLESS YOU SIGN AND AGREE TO THE PREMIUM. THIS CONTRACT DOES NOT INCL LIABILITY INSURANCE COVERAGE BODILY INJURY AND PROPI DAMAGE CAUSED TO OTHERS. ? Credit Life N /A Insurer $ N/A Premium Insureds) Signature Credit ? Disability uie Insurer $ N/A _ Premium Insured Signature i ? NIAp? Other Optional Insurance TW Credit Life and Credit Disability insurance are for the farm of the contract The amount anti, btrya/aaaa ere athOWm In a notice or agreement Bin fa trou 1?Y• You must Insure the vehicle. If a charge k shown below, the Creditor will try to buy the coverages term Col will based on thee ash value of the at time of loss, but not more than the limits at the policy. ? Comprehensive ? $ DaduCtbla Collision , ? Fire- Then-Canbaard Additional Coverage ? Towing and Labor ? Term N/A _ Monthe(Estimate) Premium $ MIA . ? Debt Cancellation Waiver Addendum (optional) H this box is cledred you have purchased a data arm tion waiver. Purdue of tic coverage ro opliiuul and is not raqulnrd to obtain credit. The terms and andaiore of the debt cancellation waive are set kith m the attached Addendum which Is momporated Into ties contract. The price for the debt cancellation walwr is set forth on this contract in the henixatch of Amesa Fnarxed under SocW 4. Program No. - QUESTIONS? PLEASE CALL US AT 1-800-727-7000 or Visit us at unarw.fordcredh.com 034101 ORIGINAL - - ---------- ' 1pL' ?ayOnBNRb SRO S..yy yNO. You a:I* mds all In UA knLt When we w You OIOf d vq 0:b MNaO I Ibl. lira IS a shipM Y?MP"COnI X01 7110 @dW I I aM/ya Pit pPM,b 1? ,ur dtltdesad Frew i>fwf ' ou main fW" W04, n11 1Yn VISI NM scheduled doW or bM Ow fn aaibdOSd antosd. The pC/rrwttdaall1.g nwill e" Yo r paI ' 1>?St b En aannd and urc CrSdb? save fe FlbrMa;p q by pN1Or? Mn T Annuli Pwmftpe Rub to fro unpaid ArM 1°I:wMNIr wB a" San to wlpdd A tiou d FIMrtoW IS ov*WNBtp. X, ySldob b =91011 d. you we RN hme a " b RdnMrla M boRlnot M CredNw spew. B SSeaAq b*m* You fore Me Cmdbr a eacury IOwaa b: 1. The vel" and M prM or des pales put on fe vdkkn L Af nowy or goads realwd br fie undoes; and L AN kmarrw prrrdrno and SSrvbe coreaob fnarrosd fbi you Tt4 aeal/es psyrnrd of all smoums you owe In gds aonlNpl h sho swim your char aprsrrwrM In fre oomraN P C, the of Yahlob • WARRANTIE& You must We ban of to vsl*M and obey sit lews In i 111. You a" not well or mil In vat , and you MA keep I We Romthe clause of b"M. You will not use or permit fe use a the whbb culefda'01,111c, W" SINK tow kw up to 30 days h CrMda a me", No t o glor wrNan banner a d* CM1Nw 11W va-P, Is of a typo welully used for prserW us s and ria Creditor, or 1* VOODWS mamdaearre?, awtrres s WARM warrrdy r IN "In cararaat aawerbp ft v Adds NM* gg deya from the dub of Dlb oc aaet, yea ON 1 0 Neldnupwoa --we of ft waft OtieW widwsl end agree 1Mt1 ere no such Inydbd vranraMlsa 0. Insurance: You read beam you" out IM Credta against toes or danege b do vehlde. The Cmdibr mud app ovY the tips sod arnKW of' u -' as. N the Creditor obblrra a Uterine on Irs"M or servos dorrmob, ft Cndbr WE Kftv tors heard Mom what you owe. VnwNer or not OM vNra. Is Inexpecl, you mat pay for N E N In bet, demaOSd, or destroyed. N a NrsrDa for wMcie Muana Is dawn M Creditor w? Iy b py IM drdaed for me farm alawe. The Cledibr b not Mlrs, rio ,fy M cwra do aw M maw aoverapsa mN ntors for fro amour shown for kerrrroa, to Creditor may buy fern kr • whetter tone w M may the you ersdl ter fe amount atrwwn. N M Oawrd buy fey Nwraancs, M wN eve Yeu aedll tsar for arlroar slawm. The aedt all be made b for lad payrrerds des. a You will o doe of each p aymirr nrdm ean &ann bn o days late. 'Te dugs Is show. on On front Acceptance of a lab dew not acme your def" or roan fat you can?matdrg Py fait, we due. The Creditor may Inks M apps act any debuL F. DSTMk You Will M In ddMd It 1. You do not train a pigeraM w hm N b dui! or :41P. 2. You ! ve lobe air nibSAdp krom:pll?P On YlNF.?ld Sp?la?on fds ocrtb?ok or :.. a Maur wlYab N any bail, abb. ,I &A" W4 M not p wrq* and 4. You M • pelMon w are M Nbd apalrM ytaR w a You m nail km anti ov w pal I b fdS aarsaL N you we M de* 94 SU Cm dW nay reragqaiainn you FI b pay M ones e» wpaid Anbuf fe earned Ind, upBld Pon of Eb Mnw Clrgawd ill QSKW angada dime undw ft aowacf No qv mpossesa OMSdp".fe vehlOa,?o. Meim also 1SIM'6oo0S bund in al'ea•ff vNdss whrl'mposeeww and hold Tram foryou. N tie v "-'- is bhen bsak, he will well you a noNoa. The notion trE say frai you myr redara ptuy baaq for Vd*N . N will do thew fe enema nSatbd b redaMt You may nears M v*Me up Is fe ems ft CmAor ads I or agmea to sell L N you de nr redarn Oe vNrde, N WN be am. TM Q *dir 1w uw Ihft "* Mall IM Sail, bSS fe slowed Eaeprew, b psy M_srnasR @1111 owed on ft ocn. - hold S for an* and sell it v% as pamdbd by law, stowed erpenw. tMWW bM and Ispd ooala pemAm d by law ant slowed, too. The Cr dbr will par you any mrrey We N surow). You WE Pay any rnarety sal sang ow No sob to to Creditor. N You Oo rra pay tlds owint when fe Cm0w sake, to Creditor may charge you bderaN N for W" Wod rob art you pay. O. Cosaa w R"wta: You aupwdm Fad Motor COW Coon perry b Wish Mourner well mpafs warn conrmne agencies (credit bursars) for any reason and N any time oorr nation with fry oadmd: M.' Oer rah To comes Fad Motor Cmdl Cordpany about 16 aocoarr, ad 14 7877WO, Alto. you may rrWM a 111 rM other esbobd deranges a wwwJxdaedLmm. The tow of Phan sylwnb apples b fns camerae. N ft bar does not abw all N the agmemeres ones aria 9ElwE 0 be Sooind.na allowed will be vokL The me =*M NOTICE • ANY MOLDER OF THIS CONBUMM CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF 00008 OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNT'S PAID BY THE DEBTOR HEREUNDER. Usid Moller V =. 8, "you are buying a used vends with ft corrad. bderal regullriow may mcium a special Buys OWIM to be displayed m Ihe window a ft VON*. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE 13 PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVEIIRDBS ANY CONTRARY PROVTSWNS IN THE CONTRACT OF SALE QUAnAMY To awe the Eater to ad to wNcls described on the frond of Orb contract to to Buyer. on onnia, each person who signs below an oordnK UM one who 9" a pay a guarantor will pay whThis mears OW If dut en ado& Each p Sayer who signs 1W v agre t wney that *d he w Is will be liable, for ft whole amount owed awn g ore or mom odw pease aft* Nona SW Guaranty. He also agrees b be MW wen t ft Creditor Ones on or atom of M lclbwlrG (y gores the Buyer more 9rns to pay one or mom papnsr W, or (b) gives a mbswe In full or In pen to any of the safer Guenve m, or ((? miaow any security. Each Guarantor also dale mN he has moW W a compbbd coy of fhb t> Mwa and this GjMW at the Irrr of soft. Ar Address everemor Address AKMIPWIILM to, or conl oveuy (cM elk y, a 'pawn') wfhout Nng a ward N caaL,Ektw y mt ry LLre SIW a IaweNl b toed, to hrA any Claws related to ON a :: nit rNbd b fe 1) paws In ton, derwlsR IT of to era., a • a ar?y rrrs E) alms w M=A era us r ti or aMlMIW 4) Claims Srlsbg out a w rNYNq to your atlion for creel, I Uikd DWI bofup ON with to dollar, asay such NatloneHp wAO were do r RI4HIS YOU AeO If! AGREE TO GIVE e Beer YOU air ors ciao.. r ME' a Ulmthe, den you and we agme b wales tie Nowbg rvft RIGHT TO PATA&VOIfftHER BY JIM= OR JURY CLAN RELATIVE OR A CLASS MEMBER W ANY CLASS CLAW YOU MAY HAVE • IO I§QKTS TO DOUS VA*rTHM IN OOVO COUNT AS AM AVAILABLEn N BR A LAWSUIT • RIGHT 70 APPEAL TIE DECISION OF AN ARBITRATOR • OTHER RIGHTS TfATARE AVAILABLE IN A LAWSUIT WHIM You had M.2116 -So Its N a palm Is arbbabd, you had we will owdraM to haw wpwwrbnea frotghai mot W. "M to an W*PJM is ft t to abetOnaerap?r?R r a?i whsbft nut a tow revlaW tNnfnr fe arbl= Is cry aseodNm below srrd the odor Party to shat siblbauon. The apptoable rubs (Ihe 'Rules') may Asrosbfop 1'MA9. at , OQt}T78 inO. or -A *-F . This ow t d b wlopd to the Faft Arbil albn AN n shall be +Mewraftq *0 MM rrWo w?dR ',allow ,- iprovi )) iwill Pr+brr a tds drw.tlM(1A uroftme" A freeJlMW Pw,Yw ?owwMwl) M "'PRN"' Ford Motor Credit Company P.O. Box 31111 TAMPA, FL33631-31 1 1 (677) 349-5260 POMYIAD0200021 MICHAEL J. FORD 52 C ERFORD RD CAMP HILL PA 17011 Date of Repossession 10-25-2008 Date of Notice 10-29-2008 Date of Contract 07-26421005 Account Number: 039424993 Buyer DEBORAH L. FORD Cobuyer MICHAEL J. FORD DESCRIPTION OF PROPERTY Year 2005 Make FORD 0 New ? Used Vehicle Identification Number: 1FMZU74K85UA66B08 Model EXPLR Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. ?x PRIVATE SALE: We will sell the property described ? PUBLIC SALE: We will sell the property described above at public above at private sale sometime after 15 days from the sale to the highest bidder on the date below (or any adjournment Date of Notice shown above unless redeemed by you date). The sale will be held as follows: prior to such sale. Date of Sale Time of Sale Place of Sale You may attend the sale and bring bidders if you want. NOTICE OF REPOSSESSION 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. The property is presently stored at: MANHEIM PA 1190 LANCASTER RD LANCASTER PA HOW TO GET YOUR PROPERTY BACK To get your property back, pay us this amount by certified check or money order before the vehicle is sold. Unpaid Balance $ 25,143.75 Plus Costs: Repo Expenses _ $ 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. See How To Get Your Property Back for an itemization of amount owing. To learn the exact amount you must pay, call us at the telephone number above. If you need more information about the sale call us at the telephone number above, or write us at the address 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. We are sending this notice to the following people who have an interest in the property described above or who owe money undo 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. $ Plus Late Charges $ 64.54 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 25,206.29 (Plus expenses incurred if default at the time of repossession exceeded 15 days and less rebate received after the date of this notice.) Your property won't be sold until 15 days after the date of this notice at the EARLIEST. After that you can still get it back any time before is actually sold. If you do, we'll have no further claim on ft. But the longer you waft, the more costs (including repairs) you may have to pay. If you have any questions about this, please call us. ? 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. ? 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 (OI 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 reasons, 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. CHERIA L. WILSON FFNA 11988-37 Jan 02 Previous editions may NOT be used. CUSTOMER/CUSTOMER FILE Printed m U.S.A. _ .« ? ??its? r?••rasP ? .t v r. ra ? .. .. CAR 0 r IV 41 ? o g O O O Q O S O O O S O O O O O g It K M w M w N H H M g S S O S O O S S M N NN! 4 0 t N N M co to co h K N fON f09 h N M Qi f.- CD C C 2 I. 0 Z Z o O to w o to C.) CO) 4m w co 2 z W a m z W E u7 Uw, N wp D JO 'am R a v '" CIO st P- v -M 4 N ?W C 9: ? N0 00 m(9 m mU o C? g 7 F. ox3? O ° s °o G4 o? ^ . Of r- oo fD M g ad O (O -`C4 S } i0 l'q a a r.a-J> Om LL W O= aoOz > G a,gwm oWQ W Q axw? O a 7p LL Oa N NJaa O F-> Q ;-j < NO i-> :Jaa o0 ~, E _ CD SWW? ? Owl' N Q I L 40 F- oU)?rA N O SJQJ N J LL p 40 0AXCL J N J JU O SaWM N YO p O C, ww ?YG 0 8ILw ?YG ?? o O } te x aa o O '2 V ? yz o T I o - R= go w n. , - o o W tL x g?'ua o?, O Z a ° o O 5 Z F- o o a ° g rs ?Zqo o Z o ?Oo_ o x Z ?rn ?mU oar ?UU C ^ LO ZA ? ?W C = !-a o l -rr t0 D S Ln oU a oUU DC-) r9 ru ru Ln .A m G' Q ru m S rr O o Iti r3 u ti ? ru m ru ru ni a O rl -0 r9 ,A r1 .A ra .A r9 .A r-l -a ra . n A . Q B r V O C 1 1 O Q 0 Q O O O O O O O O O O Q Q 9 C31 U) 9 z Q ri o ra 0 A a A Q A 0 r9 Q r3 C3 rq Z F_ ° ° ° ° 0 o a Q S C3 o o S cs v o s o r Q s Q ? o x a s o s 0 s N m • o 0 o C o a o O C p to cc Q Q' e l o Ir r a 0 Q- r9 0 rr r3 0 rr r9 0 rr ra Q o" rl Q a- ra 8 m J M J [?- N ti r` r` t` N N Z I ? t: I co r' 01 O N e+ N N N !t7 N V N b 9:3 T292T9DDD'CDDDh9DD6Tt T V ig CL a 3 Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2008-12-25 POODOH00100102 MICHAEL J. FORD 52 C ERFORD RD CAMP HILL PA 17011 DEBORAH L. FORD 52 C ERFORD RD CAMP HILL PA 17011 STATEMENT OF SALE Account Number: 039424993 The following property has been sold. Year Make Model Vehicle Identification Number: 2005 FORD EXPLR 1FMZU74K85UA66808 Balance owing on your contract (1) $ 25,208.29 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 25.208.29 Deduct: gross proceeds of the sale (4) $ 7,800.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 17,408.29 Add: Expenses of retaking and storing, and (6) $ 377.50 any attomeys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 0.00 (8) $ 31.94 Other: (9) $ 17753.85 Deficiency" Surplus* (10) $ N/A The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses 8r 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) CF TH, .: Tr Y 2009 , 22 PH -,JMTY +'7s .5o Pa AT Y Cr-* 1'75174 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?o??tr at'':uu?brr?fib 0"jCE QF -Hr SHERIFF FILET,:-.,?.=a=1CE OF THE fiRf-Y7;..'.1`N0TARY 2009 JUL 27 AN 9* 2 5 Ford Motor Credit Company Case Number vs. 2009-4959 Michael J. Ford SHERIFF'S RETURN OF SERVICE 07/2312009 07:16 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael J. Ford, by making known unto himself personally, defendant at 52 C Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 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 Attorneys for Plaintiff (L 15) /tiy-/ 155 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL JFORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: No answer having been filed in the above Civil Action, kindly enter Judgment in favor of Plaintiff, and against Defendant, MICHAEL J FORD in the amount as follows: Principal Amount $ 17776.35 Interest to Date $ 1990.43 Costs $ 120.00 TOTAL $ 19886.79 MAURICE &/NljEPLkMAN, P.C. BY: for TAYLOR, ESQ. Date : October 7, 2009 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 /89-' / 155 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL JFORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 AFFIDAVIT OF MAIL SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, CHARLENE A. TAYLOR, ESQUIRE, being duly sworn according to law, deposes and says that he/she is an attorney at law and that on 9/15/2009 he/she mailed a written Notice of Intention to File the Praecipe to Defendant, MICHAEL J FORD, at 52 C ERFORD RD, CAMP HILL, PA 17011 by regular mail ,.1 MAURICE #. NEIJDL]IMAN, P.C. BY: TAYLOR, ESQ. ntiff SWORN TO AND SUBSCRIBED before me this l day of ? , 200F. Notary Public .I k yy >:. 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 Attorneys for Plaintiff (L1J) /tSy-/15S FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL JFORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 9/15/2009 to Defendant, MICHAEL J FORD , against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 9/15/2009, a copy of themailing to the Defendant and affidavits of service are all attached hereto. Attorney for MAURICE BY: P.C. TAYLOR;,C,%& __ Date: October 7, 2009 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 Attorneys for Plaintiff (21-5) 789-7155 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL JFORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff: FORD MOTOR CREDIT COMPANY P.O. BOX 6058 MESA AZ 85216 Defendant: MICHAEL J FORD, 52 C ERFORD RD, CAMP HILL, PA 17011 MAUR BY: , P.C. ?OR, ESQ. Date: October 7, 2009 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 Attorneys for Plaintiff 15) /tSy-/15? FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL JFORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, CHARLENE A. TAYLOR, ESQUIRE, being duly sworn according to law, deposes and says that he/she represents the Plaintiff in the above entitled case and that Defendant, DEBORAH L MICHAEL J FORD is over 18 years of age; the occupation of Defendant is unknown and to the best of Plaintiffs knowledge, information and belief, Defendant is not in the military service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. MAURICE BY: Attorney for , P.C. A. TAYLO?R.r Attorneys at law Suite 935, One Para Center 1617 John F. [atlady Blvd. Pbifad&**, PA 19103 te1.215.665.1133 fox 215.5639910 www.mnlawPc.wm DomW S. Maurice N mbar NJ Nor Beard Certified Creditors' BiBlgs Low American Board of Certification Joam Ileadleawn Member PA & NJ Nor Thomas B. Domiaayb Member NJr NP 8 PA Aar Charlene A. Toylor Member PA Bar New Jersey ONice 11.1. t Needleman, P.C. Suite 2001 5 Walter E. Forge Bird. Fkatiapa,1hOU22 tol.90A331ASS0 tax 906.231.4551 September 14, 2009 MICHAEL JFORD 52 C ERFORD RD CAMP HILL, PA 17011 Our File No. 10123 RE: FORD MOTOR CREDIT COMPANY v. MICHAEL J FORD CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 694959 Dear Mr. Ford: Enclosed please find a ten (10) day notice of default which is self-explanatory. This is being served upon you due to your failure to respond to Plaintiffs Complaint served upon you on July 23, 2009. Unless an answer to Plaintiff's Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment may be entered against you. If you would like to discuss a resolution to this matter, please call our office at 908-237-4571 and ask for Kim Crosby. Thank you for your prompt attention to this matter. Very truly yours, CE & NEEDLEMAN, P.C. e A. Taylor, Esq. CT/jm Enc THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR 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 (215) 789-71.55 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL J FORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 IMPORTANT NOTICE TO: NUCHAEL J FORD DATE: September 14,2M 52 C ERFORD RD CAMP HILL, PA 17011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 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 ELIGLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN,.P.C. r BY C LENS A. TAYLOR, ESQ Attorney for Plaintiff Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson a( eet 444" Chief Deputy r? . :, ,..:. Jody S Smith a Civil Process Sergeant as ar IMF eFF Edward L Schorpp Solicitor Ford Motor Credit Company VS. Case Number Michael J. Ford 2009-4959 SHERIFF'S RETURN OF SERVICE 07123/2009 07:16 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael J. Ford, by making known unto himself personally, defendant at 52 C Erford Road Camp Hill, Cumberland County Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 FEB-13-2009 06:37:18 '? Last Name First/Middle Begin Date Active Duty Status Service/Agency FORD MICHAEL Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. rte, 14. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/13/2009 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BAYAUQQUFAT https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/13/2009 OF THE RY 2009 Oe T t 5 Pj I,: O I 414•o:) p o A"rW cir-* t gtor7 dt Nahee 1,.1a.JW 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 (215) 789-7155 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL J FORD Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 09-4959 (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $19886.79 on /p (X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. S ?. Prothonotary/ lerk D" by: If you have any questions regarding this matter, please contact the filing party: Name: Charlene A. Taylor, Esquire Address: Suite 935, One Penn Center at Suburban Station 1617 J.F.K. Boulevard Philadelphia, PA 19103 Telephone No.: 215-789-7161 (This Notice is given in accordance with Pa.R.C.P. §236) MAURICE & NEEDLEMAN, P.C. Attorneys for Plaintiff