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Home My WebLink About09-5721MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 V,Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Defendant(s). 15) /89-1155 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. EMILY G GARDNER 513 Market St New Cumberlnd, Pa 17070-1938 CIVIL ACTION COMPLAINT AV ISO 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. ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. Qq - 5'74,I 0'lvk'L-T??j* Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o can un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adernas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pans 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 (21--)) /Z59-"/ 155 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. EMILY G GARDNER 513 Market St New Cumberlnd, Pa 17070-1938 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. CIVIL ACTION COMPLAINT 1. Plaintiff, Mazda American Credit, is a Corporation with its place of business at P.O. Box 6508 Mesa, Az 85216-6508. 2. Defendant, Emily G Gardner, is an individual who resides at 513 Market St New Cumberlnd, Pa 17070-1938. 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 31, 2006, 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 $31912.56 at an annual percentage rate of 8.490%, in order to purchase a certain motor vehicle, 2006 Mazda 3 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 $443.23 for a period of 72 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 June 23, 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 $7700.00, however a balance of $13216.28 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 $451.90 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $13668.18. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $13668.18, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. Respectfully subm' , MAURICF? I=jll ^ P.C. Attorney R, ESQUIRE Date: August 13, 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: August 13, 2009 - - 2006 - A SIMPLE INTEREST VEHICLE RETAIL -31- JUL INSTALLMENT CONTRACT • DATE ODD BN'In lane Ca&yr) Nate and Aalbae (IayuMR CCU* and! SELIARCRENTOR fed. HNse rid AMkew- EMILY fiARDNER 502 ROSS AVENUE ¦aasiNGiaO NEW CUMBERLAND, PA 17070 IAaaaMlwoaGndi. 2006 F2Ap3U33L3KppNEEA?RR{{MAZSDA SUBARU HARRISBURGN $AREET 17111 DAUPHIN r Pot oorftra,? you the For Wtdl Pulataed O PanmN ? Apeaawe t. Cash Prim__..__...... .___......._._......_.___._._.__._.___._.?.__. 121685 S2II) 2 Dawn Pain- ThkdPerryPAas Assigned to SAW_-------- __._..._._.__d N/A Cash Down N/A and g!? TedNp V .i Awls Great Akrwloa 9 Amoua f N/A Total D- Payment ..... _.___...._.0.00 (p) 3. Unpaid Balance of Cash Pales (1 minus 2) 91 GAS. 52 (S) e. Amounts paid on your bash leader may be raaaanp a portion of these emotions) To PUNIC Officials (l for dame is N/A itNls(S 9950 ),d repataion(S Al nn ).nest MIA (f)for"Ised f N/A (i0 W Was (not I. Caah Parke) it ten] 10 It 1466.60 To We- Compaar ter, Credit Leta Insurrroe Iron arm 01 contract) -- -------------- j NIA CmdltDWbMlywraarna (ta alrnaeermrad).._____._...i NIA (Teml w.?n ManNn),,._.,,_f M/A MIA rraonlLA-ManRls)____..S N/A Tong MAZDA tlI for nnr FEE It SS. nn ToggEEaTPEr ter QP lillw nnii f A76. IY1 Te Ia ryr URVlrr rnNT It 1950 (1n To f S NIA TeST Or PA for TTRF FrF s 5-nn To to s NIA Total-.- _...._.._......___?_........_.t 1959-6n p) 5. Amount Financed f3 plus 4). ____..._.__.._....,....__........ ._...S 9491R_17 (R ANNUAL FaU1NCE Anto: Taal of Total SI PERGENTAGE CHARGE Financed Paylltalta Price Tub NrlaCO m TM anlelaln Th tau l RATE 7Iw mxr,mm.n seal Iae+re0 mawa rov w h..e a y?r part The cat a your de tilt Iaitl..Mri you d aedN Is t YtanY ran msl you haw Wade aN eldiael0 1 ad"'a" m.awnpam0 your ell sal. is be Medlar a Pswnrnas Amara. of I,eelarrae whist pseesess, JAI 23 errs ? SsedLsnarbay OArewal NIA na/Ining VIA I prepayment u you pry Cn your sea wiry, ya will w Were b IaY a perlrb. tecer" nna mer: red sm 9" a sore ty saawt M to wide beep pulameo. red nwr err a tae alrpe w vIe Patlon a ern peylwrlt nwiwo Cram Call td aarpa a zo pa®e m ae bee wnCnl. ossmeet Pbaw aw b+ combs tar seeanne Imormetlon w wanly Yeneat narWymw4 eelwlL the npht M red- -r- m your M In h0 Emva IM acMtlube tlab, uq n you Go na most row Wn"a OblrgatiCrlt, you may Iota your veNde, e5 wdl W both parts and goods put on your whide are money or goods recurred for ? Your lest eutaMm.nt payment abler this mmrea w • batoon asYnbnt E%CEitB WEAR. UBE AND YILEANLE CHARGES It tla boz ran Uy abwa b drooled, Ws section, Paragraph B, WO Paragraph C of 1hh Contact appy. You may as dsrged for ercsaeha wear based upon or standards far norms use. n you .aerobe tba option to sell the whiche back m liseer under Paragraph B. you mu, pay the Ssllsr $0. nn per mid for each mac M eaceas a ?Amsas shown on the odanoar. E1RRA MILEAGE OPTION CREDIT If INS canned echo" a baboon payment (as Indicated above). and you bane merceed your OPaon to asN the "We to the Reber under paragraph a, this paragraph apples o your Carmard. At the sotedulsd and of he amred. You wiN recede a Cretin a $0. Itf e per owed nae for the CsMar Of unused mass taTwsen_ and NIA meas. lase ary amounts you owe under tits oonimd. You well not make any Credit b the vehicle le destroyed, this CGn11eL1 ends sent!. ar you am in Meulf. You win not nahe sy Credit t to Credit is its then 51.00. AM aaos M eta anbw mar he M eramp and Wared by You and f gear. /1 _ 1 r A YOU ARE REQUIRED TO INSURE THE VEHICLE. YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON OF YOUR CHOICE. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAKED TO OTHERS IS NOT INCLUDED. CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE ARE NOT REQUIRED TO OBTAIN CREW AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. Credo ? LNG Insurance Canpany $ NIA Premium NreureA(s) You ward Credit Life Insurance. Buyer Signs Co-Buyer Signs Credit ? Disability Insurance Conpany S NIA IoferTNU11 In sured($) You went Credit Disalift Insurance. Buyer Signs Co-Buyer Signs OTHER OPTIONAL NIBURANCE Caebpe shad Pmmkae antl laurenoa C nv Tenn in Maaae s N/A By N/A $N/A ey ... N/A You want the Contend Insurance for which Pre mUnG are mdudaG aloe. Buyer %Qm Go-BUyer Biped Crean Una and Ce die DWbay I-e am fen as term a aw sontrwi Tura errlran and wNrapes sm almwn In a notice ear wrenrrra IYese to Iree today. Cast ewcarwn wren Aaseresn (open-1 II the Im ie C end wu Iwo aeabsed a ba anaerbn ahsr. Padres of aid eoneepe Is .PU.* ed b w neemd to awn sash. TM m e,eeea. m uN aw arlwrew aaarr are M bNl M M eMNe AddNdan Mea, Y cwmlom iameaaaalbM.TM Prior mead c?l estron warm a nd Rmnc tna CamasM f to anl'vaase a ArtnN Firerlad older notion 4 auger epos sou ACKNOW EDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CONTRACT. The Annual Percentage Rah may be INge - with to SMIer. The Seller may design Boa contract and may retain IN right to makes a potion of the Finance Charge. DG not sign this contract in blank. You are entitled to an exact copy of the contract that you sign. Keep It to protect your legal rights. auy.r % caer, X Sig.. sgno rr Buyer (and Co-Buyer) acknowledge that (1) before sf nin this contraBuyer (and Co-Buyer) rxelved antl reviewed a true and completely filled in Copy of this convect and (11) at the time of signing Is contract, Buyer (and Co-Buyer) received a true and compNtaiy filled it COPY at this contract =,"S a THI CONTRACT IS Nor VAUO UNTIL sou 110 AND SELLER SIGN aenr seer wNNbr srb oNrer eel9 Ifflz" pL mar era owe w sabre norm., Pdearda., .d r...er.. ovsore erne, a» sear carps. Ita. Craw a (•AeepNa•). T^NNmAeaeaaltldt>'l4rdbM CCs... wu - . m .arc ors wawa r s.x.r FAULKNER MAZDA SUBARU BEE OTHER INDE FOR A[Xff AL AGREEMENTS ORIGINAL 0 -v RF_----_____________________ ______________________PFRF ADDITIONAL AGREEMENTS A. Payments end Summery MatM•: You must make an pay- appmw me lino, and amount of insure«e. "Me vhka Ie Mot, ments In U.S. hods wM1en They era due. You may Preyey your debt stanytmewithout pensly.TNSisasim"ehnemslcoelect. dem•See or entrained, you most pry this sNM what Is all owe. The actual finance charge you agree M pay whit depend on your You agree that the Seller can make a claim under the msunnce payment pattern, The actual Ill. charge may exceed Me policy. You aUIWMG the insurance company to provide Seller disdosed Finance Charge tl you make Your payments later Than any Imormalhon Better believes necessary to make a claim. You the Mhadued dales or in bas men Me schadukad amount . Your mull u e proceeds to repair the vehicle, unless Me o e payment will he apPled tint to the asrned and unpaid part of t der I t the v hicle Is -neMe- a total kin" the damage Finance Charge antl men to line unpaid Amount Financetl. The to Me -da het considered a teal Ions, you must use the msur- Finance Charge is eemed by appl mg the Annual Pema-go ance proceeds M Pay whet you owe Me Seller. It your msurence Rate w the unpaid Amount Flnenced for the actual tens that the unpaid Amount Financed is outslanding. 11 to Ymoe is repos- on the -Nile domm'I pay all you owe, you must Pay what ins still owed. amend, you will mt have the right to reinstate the wMrad unless me Seller agrees. G. Rclm Inwrecow PTmnlums and Service Contract B. Balloon Payment COntreela: h your last Metellrtant payment CMrgw: This conlrecl may contain charges for n contracts, or drier contracts. You agree mat me Salter I uric ar in.. contract is a baNcon payment w irdlieated on the Iron) an ctaim bahsh- under Max contracts end udasa Pmhiote i .1 the conHed, You may handle the last vW1M-hit payment in by law, tennhnate them to obtain mtunds of unamned Merges to one of Mree ways. reduce what you owe. II Me Seller gets a refund On insurance. remds, or OmerwMraos, the Salle,win subtrect "from ou - FIrnL you may pay all that you ow when the last inaullmenl you we. O«e all armors owed under this conerad are net Payment i:: Mill and keep your motor -him Pak, any ra hng relunde win W Paid to you. S>?d you may refinance ma last insallment Midterm unless N. D•teuX: You will he in detauht if you mm etaun under this contrao n to Seller has advanced 1. You do cot make a peymenl when it is due o r lh:% to cure any detault, You must pay back tine Seller belore he tlNamo g. You also nuns provide Mcci W hnsma«e adept. 2. You gave false or misleading im mustion on your credit applitelion relating to this contend; or bM to Salter before be mthna«ng. The Annual Percamage Role 3. Your whitle it seU d by any local, stele, or fedenn (APR) for the mtinengtg will be me lower.11. APR agreed to by you and VM Seller al the lime W Me refinancing or Me AuMonty and a not promptly and atcondidwally returrwd to you or ate permitted by law. The term of the refinancing will d. You the a bankruptcy Pathan w one is filed a,- yam or b based nn tine amount reHnsncM, the rate, and the amount o 5. You do col keep any other promise in the comosid, the mornhly payment. The retns.Cd mordhly P.Ymem snail be It you delault, Selby can exerdse Seler, rights under this con- me aside as in this world H the naranced amount will be holy paid wimin 3a months of Ine due Mite .1 the lest remarn it had and Setters older rights under the law. payment Olfand., Me Monthly payment amount shall be in. Z I. R"pww n: It you delault, me Seller may require you to punt headed to ,ANY Pay the refinanced a uni wRNn 36 Pay at once the upend Amount Finarmed, the asmed and unpaid months of the due date of the lead installment payment. II you pad W she Finance Charge antl all Other M.M. due under in,, wish IP mt'm-, you musl notify the Seller In wining. Except as com id Seller may repossess peke back) the vehicle, too. Salle, ON ad in MIS sateen, the notice must be received no later mayahm sidegoods found in won the vahlclewhen repossessed than 30 days pnw M ma due date of the Mst -Wilment payment. and hdtl them for you. Tnlyd you may sun me -Wda to the Seiler f« an amount equal J. Your Right To RNMwm: If the vehicle is When back. Senor to the lest hnslellment :WymeM. You mull pay 11 the Soler any will sand you A ooh- The notice will say flat you may redeem others min owed under iNs contract. Amauna you owe will he (buy beck) the Yehide and WIN explain now Io redeem the whhtle. based, in pan, on the -hide's things. You also must pay to the Selle, the estimated costs of all mpam; to Me vehke Met de You may redeem Me YoNde up to Me lime the Salist sells tl or agrees to son It. n you co not redeem Me Yehkle, H who be sold. me result of excess -eat and use, es set loth ... You must te. the -hide to apiece sel-led by the Seller tar Inspector R. gnponilMn of MOs, V-W; n the -hid. is taken back no Inter than 15 day. or I. he test ...Ilene. payment due and sold, 1. money from me ask, Mss .11...0 IgMnam, will data Atter Me IM14pedhon, if you decide M sell the whide to Me he usetl to pay the amounl dill owed on the contract Allowed Seller, yo. must gi- Me vehicle la Me Seller no later Than the last hnstallmenl payment due date. At that am, you must also expenses notice those Mid - a dead reaun m IM-g to retake Me vehicle. Wild 6, prepare a for sale, and sell it. Reasonable gya the SM1er a a11e, which shows no liens olden Man the Setters lawyer's tees and legal costs are allowed, too. II there is any III, bensfemng owremhhp M Ine Safer or a person selected by money led a (surplus), it will be paid 1. you. If the money troth Me Boller. Atter Me inepedion it you deckle not to sell vehie the asle ins no arough to pay on this centred end casts, you will tome S.IMr, you meal hmmadialely ouMeq me Seller and in- Pay hat., Mil Owed to the sel rr. II you do not pay this amount Me Setter whether you wand to refinance the last 'melalkn-i wMn the Seller asks, the Solar May Marge you ion- M his Payment highest lawhl rate ureic you pay. C. Demnge Repelr: n your all hnssllmern payment under this L. ColYetlon Cons: Except as UNWOMse pmwded by tew, you contrecl ins a balloon payment end you sell de -hide back Io must pay any and all expanses rallied to entoming this contact. Me SeN.r antler Paragraph B. you are reaponeible for hMmm of -Iudmg collection expenses, lawyers' lees and other legal all damage to Ida -hicw that are rro1 Me result of wor net wear and use. These repairs include, bid are nW limited to. Mo. expenses. ce ary lo: (i) replace any tire trot pan of a matching set W tour w any lire M. Consumer Reports: You aulhMZe In, Asdgnee tilled on ]he frond of this contact to obtain consumer credit reports tram con. which has leas Iran 1. inch W re-ming treed; (ii) r.peir all Media nicel detects; um, r reponing agencies (detlit bureeUS)1w any reason and al any lame M connacuon with this contract. (iii) repair o replace all dented, swaunad, chpPed. mat. O -smal dmd body paned, paint wvehaW ldeMHkatin hams; all cement, «atoned, haled, pined, broken or mixing Iran N. Applicable Law: You agree that this contract will us governed by the awl of the slate of PameyMmi. and grill work; all scalched, wacked, poled or broken glass: ell oWly window mecMNams; ell brown or sxrn l out IIgMS; all bodronk manunctions; ell hMedpr rips, Nouns, bums or O. Gerard: This ounmM co mSIM entire agreement between Salle, and you relaltng to the sale end financing PI the mono, Win as: aM all Mimes. which would be .-eyed by -d. If any pad of all coMrecl a not vend, all her pens May collision or compiahenst- Insuance whether Or not such is "W'sy inn force. menumi void 11 Ssm, dcesnT oumrce Seller's dgMS every tree. Better an still and Orca Them later. Seller will em,dw dl of ReNwel rights If you hav not rtlaM the mp m "Mr. inspedlon of the vehicle in a awlul way. under Paragraph B, you will owe IM eshmalm! cods o1 suM repairs, even H the repairs are nol made pow m your sale of ten It your lad inslellmeM payment under this centred is a WUNWO payment and you sell themow vehicle back to the Seller under vMicle M Me Seller. It you tlixgrea won the estenaad cola o Paragraph e, W. era hereby cotilico Met Creditor has easgcod repein, yon they heve the repairs made at your expense prior fo IO 01 E...nge, In he capadly-CreMiwsq-,tied Intermediary your sets of Me -hide to Ine Seller. its rig- (but not its oblgathone) wish moped to the oumhese and 0. S Iic You gin- IM Solar :«uny inhered sale of INS chide at contmor fe-mand . The dd d de 1. TM n le all pans wWMr goods pal on IM vehicle: add 2. All mo oney y goods room-d Mr me vehicle; and 3. All insurance ce ce premiums and service comrade fin-c. lw NOTICE -ANY HOLDER OF THIS CONSUMER CREDIT ea CONTRACT IS SUBJECT TO ALL CLAIMS AND This s ms payment Of allamounts you owe undarmis Contact DEFENSES WHICH THE DEBTOR COULD ASSERT Id also eecues Your Whet agreements in ohs contact. AGAINST THE SELLER OF GOODS OR SERVICES E- Use of Vehicle - WamMlss: You must take care of the OBTAINED PURSUANT HERETO OR WITH THE -nice -Ni obey all Imam using fit You may no'sd1 or rent Ihe PROCEEDS HEREOF. RECOVERY HEREUNDER BY .hi.M, and you muss keep a free tram the claims 0 others. You THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID will rro1 use or Pawd# to use of the -hole ousie of the Undso Sates, except for up to 30 days in Canada or Mellon, W U,w BY THE DEBTOR HEREUNDER.- the prior womm canteen' W the Seller. X 1he whlde his at e type Used Moto! VeXlele Buyers Guide. R YOU ere buying a -111, used sr Personal uta antl the Setter, or the valid. used vehicle with Mi5 contact, federal regustions may wit hie a m.ntmewnr, .-Me s wrXSn wammy by asnke requlre a spe Buyers Guide to he displayetl on Me dial wnlr.ct--0Me veltds wmtn. says from Mate o1 window Of the vehicle. THE MFORMATX)N YOU SEE ON Ildnewill Ms eeMneL you eat knPll•e e of narcMnteolllry THE WINDOW FORM FOR THIS VEHICLE IS PART OF mbles we lthross for . pedleulerpurpow =anima this vahele. THIS CONTRACT. INFORMATION ON THE WINDOW OMxw1w, you underasnd and agna tlHt Ihere w no such FORM DYEflflIDE9 ANY CONTRARY PROVISIONS IN Imp11M wamndas, noon as oMarww Iprovidatl by sou. THE CONTRACT OF SALE. F. VenMle lnwro.e: You mud insure me vehicle against loss 'Dees rim ePpy V pumheeed for sand red or agelvat wl use. In w damage Irom collision, tire or then. You must me Soler as the Mss pay ren w der the nsura ince policy. Th. Belle, must Mat q yw to---,) will hour sawn eadrat any IMMMI , or "mina nd Man at MW carmen any den, ame..•, or wary, WMehyou they nineeee1Mewsmarwatmose Uharoaw va 'I GUARANTY To cause thn Boer M Sell Me -hole Mise.ed on the Iron) W this contact to Ma Buyer co tree. each padon who Mgne hem- as a 'Guarentof gueaname the payment W 1hls ountact. Tres means tat H the Buyer 1811& to pay any money that is owed on this comml, each person wM signs as a gun- will pay h when asked. Ea0 Guamrnw whe signs below egress bull he will oe lade tot the whale emoum owed a-n H one or mare oher personths also ono this Guareny. Each Guemntor M. agree, to be lade a-n a the Soler Orle th more W to t ds (al gives e Buyer more time to Pay the w more payments, (b) gives a neleasainn full a to a rea . o peri any OI the Miller Guaramom. or (c) releases any "'My Each Guarantor also states Mat M has received a -,Wt. copy d 01 this contact and MIS Guaanty, at Me tree W Mgnmg. Guarantor- Address Guarantor Addre. READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY ARBITRATION Arolbdbn i.a a method W max any tletm, dispute, or caribou (collate My, a'Cahm') wnhoul )king a awash m court. Either you or Seder ('us' a'we') ( ati on, am y choose at any time, mgWing Mr a tewsun Is filetl, to ha- any Geim mlated to this ci ndle dwidad ra eronafl n Suds CCffaa a Include bu tm t i l W d t G l m m y . are So o or orning: a ms inn tended, fah, reguatory or olMnoss; hi e e ) 2) Cletus regaMing the i unprea an, a ?, or -1d' yll .of S tdo clause, or arbHabhnly of any aside' 3) Claims Mlween you and us, ourl- b n nd nS s y s-1p .. w : 1) the enter. o m I such relate M your n third lpann imincts or any m.usmg tranmuronn or s mul wy.. me as who do rot on tie contact including that won the dealer, or a anstk h fllG1Tf8 YOU AND WE ADREE O ONE UP It enter you ar we M amlwM a )aim, Man you arh0 we agree to waive the following rgMa: • RIGHT TO A TRIAL. WHETHER BY A JlIDOE OR JURY • RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AG ST US WHETHER IN COURT OR IN ARBITRATION • BROAD RIGHTS TO DMCOVFAY AS ARE AVAILABLE IN A • FIGHT TO APPEAL THE DECISION OF AN ARBITRATOR LAWSUIT • OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT n a Gahm i erbltrebtl, You a nd wa will wnttnue to ha- IM Idlowmg rhgh.. soft.. waiving t is ubitr by pro - as Why am: 1) Right to lint heokmpMy inn cgurl: 21 Right to emend m. -.my Interest in the v-kle, whether by repassaasion Mrough a mud of tew; 31 Right to take "I acton W eMOrce ,he ahHretor's eceton: and a) Right to w realest oaf a taut W a reWew Mother to amitrahw exxaded Its authority. EHher ??thcn?Hteaae oa6xf? all meocalions lilted below end the Other Panty to earl amh atkn. The applialoa rules mil 'R.-) • Ame,kan Alslmlidn Aseoddto,8n ('AAA'), ah 1,806]7&7879, or wwwad-rg; Wtionsl - son loner, a1 106A7a2371, or www.artrtorum.cam. H Then is a -1. be- IM Rules and Me centred, reins cr - Fri y?a?" ehoI govam. TNS comncl a subject M the . Ad Ili U.S.C. § T at seq.) and We Fetleal Rules of Evidencia The rblh don tlec'dch shall M in corking wHn is suppo 4, apron. a - - w 1ayasyour MOs reasonabe arbilralhon Mes end axpenws (a at inducting enmmy tees, except where apWnable tew WMrwise proMdes) Ine d s1n5 Wa will =y- a fikrg Me N dame. aetrettpn find. My portion xe this an mpe clause that is unsnforcdda.) xt stall M sevemd, e. Me i g Provhlans anal he Mdometl. ' LOS) ICmm,a amwm they WT m wm.i SEE OTHER SIDE FOR ADD-O AGREEMENTS BACKER (HEAD=TO-HEAD) & SCREENED 50%. --PRN'•' Mazda American Credit P.O. Box 680020 FRANKLIN, TN 37068-0020 (800) 727-3000 PONID000200031 EMILY G. GARDNER 513 MARKET ST NEW CUMBERLND PA 17070-1938 Date of Repossession 11-17-2008 Date of Notice 11-2D-2008 Date of Contract 07-31-2006 Account Number: 041202233 Buyer EMILY G. GARDNER Cobuyer DESCRIPTION OF PROPERTY Year 2006 Make MAZDA ?x New ? Used Vehicle Identification Number: JMlBK323661533985 Model MAZDA3 Body 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 ? 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. 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. The property is presently stored at: MANHEIM A/A 1190 LANCASTER RD MANHEIM 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 soil. Unpaid Balance $ 20,868,99 Plus Costs: Repo Expenses $ 350.00 Plus Late Charges $ 63.69 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 21,282.88 If you want us to explain to you in writing how we have figured (Plus expenses incurred if default at the time of repossession exceeded 15 days and less rebate received after the date of this notice.) the amount that you owe us, you may call us at the telephone Your property won't be sold until 15 days after the date of this notice at number above, or write us at the address above and request a the EARLIEST. After that you can still get it back any time before its written explanation. actually sold. We are sending this notice to the following people who have an If you do, we'll have no further claim on it. But the longer you wait, the more costs (including repairs) you may have to pay. interest in the property described above or who owe money under If you have any questions about this, please call us. 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. ? 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. JOANN X.KEETON FFNA 1190&37 Jan 02 Previous editions may NOT be used. CUSTOMERICUSTOMER FILE Printed m U.S.A. -_--?.: ? M -9 women- _ ..._._ =_ ? a. ?_ .-_ _? .jam--?» :.?6 ?? .5'?S'r ?:/• ' - - - ..-. _L ?yy _. '?'-0 rgig;- _ '?'!.??LSy#tYiw1.+F i TSV=3. .-? ?1 _ _ __ V•O N Z 1 $ 00 0° pp o pp o 0b ° o oo g 0 0 o 00 p0p ??? e 40 N y N N N N y ? ? M O p O O p O p O S N S l` p S ill h N y y N M M co w a to ?l! M U! M N N N H N yv 0 D? e N 0 0 d ? N 10 00 41 N w W) m 'D r r , CIO N? W 9 aD , 1- N - m o CV) W $ C D CV M N > jA If :3 O N m iD CD Z u5 New 0> ? Q 0 A NJ>o 0=Q o g?Q N +,NQ O 3m O ?V Q NQr~!1g S x o Z oPOWJ NFLL : ?+ > g co w $ ?Z Q ?f M? O w o? eli t'4=>0 QT- ? _ Cie ? = 00 a ? p d W 0 o fW g1 c? ?32 ? g ? d O i4 ?? BE] 0J -E w 0 ? ogG? c?_ocw o O ?Z? Z O ?'LL w od ?Z?w Z Z G ooaDXOV c?Z o°C7 V c9> q q °rC c°?aa° 05A-, o = »? °D 0 IL oQ?a o ? U oDaZ R: ?j 9 W Z =aU t i C1, O C 7N o u o ru rq .A Ln m A 0 M1 m s a- m C' c- c' ru c- M1 A ? A ..o A ..o M1 ? A M1 •o M1 it M1 ? o M1 M1 M1 O M1 M1 O M1 M1 M1 ~V v (] .5 10 O O O O O O O O O O O O O 0 ° cm r r e O rq O ra O r9 O A O A O A O A O rq z $ E O O O O 0 O O 0 E€ 0 n 0 o O O O v 0 S 0 S o S c7 S 0 ? 0 S 0 ,? 0 S C O O O O O O O O 0 H - O J M ' Ir Q " cr it Ir O O O J M1 M1 M1 M1 M1 M1 M1 M1 co Z N N N N cm, Pf . cNO F=.3 2T6LL9ODOTDODh90062i Ol Z .g MAZDA AMERICAN CREDIT PO BOX 689007 FRANKLIN, TN 37068 (800)374-7000 DATE: March 19, 2009 EMILY G. GARDNER 513 MARKET ST NEW CUMBERLND, PA 17070.1938 STATEMENT OF SALE Account Number. 41202233 The following property he- been sold. i Year Make Model Vehicle Identification Number: 2006 MAZDA MAZOA3 JMlBK323661533905 Balance owing on your contract (1) $ 20,932,88 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 20,932.88 Deduct: gross proceeds of the sale (4) $ 7,700.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 13.232.88 Add: Expenses of retaking and storing, and (6) $ 867.16 any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 883.76 Other: ($) $ 0.00 (9) $ 13,216.28 Deficiency" Surplus' (10) $ 0.00 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: MAZDA AMERICAN CREDIT MAZDA AMERICAN CREDIT PO BOX 6508 PO BOX 55000 MESA, ARIZONA 85216.6508 DEPT 194101 1-800-732-2264 DETROIT, MI 48255-1941 AJ FFNAt 1990 01104Predous ad tlons may NOT bs u$W. 'qpy J LU1;1 em`u'": 19 4'78.5o PA AT'hf Cv-0 I-A 5'1 par's aa95A7 Sheriffs Office of Cumberland County R Thomas Kline FILED-o rICE Sheriff at 4???r?tr OF 71 C i.",77, Ronny R Anderson Qi??titp pry °j TAPY Chief Deputy 2009 A U 2a PH 12: S Jody S Smith Civil Process Sergeant S-MrF C?r?y•`'_ Edward L Schorpp t r `-b ' i_v'" Solicitor Mazda American Credit VS. Emily G. Gardner Case Number 2009-5721 SHERIFF'S RETURN OF SERVICE 08/24/2009 07:42 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 24, 2009 at 1942 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Emily G. Gardner, by making known unto Don Pinti, adult in charge at 513 Market Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.74 August 25, 2009 SO ANSWERS, R fiHOMAS KLINE, SHERIFF By lae4 Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAZDA AMERICAN CREDIT Plaintiff vs. EMILY G GARDNER Defendant :No. 09-5721 Civil -° rn BC D C-? :CIVIL ACTION C-) c %) !'= PRAECIPE FOR SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: Kindly substitute Andrew Sklar, Esquire of the law offices of Sklar - Markind, 102 Browning Lane, Building B, Ste 1, Cherry Hill, New Jersey 08003 as counsel for the Plaintiff in the above entitled matter. The undersigned hereby consents to this substitution. Andrew Sklar, Esquire Superseding Attorney Sklar - Markind 102 Browning Lane, Bldg B, Ste 1 Cherry Hill, NJ 08003 ID # 65332 4pAann Needleman, Esquire* ithdrawing attorney Maurice & Needleman, P.C. 935 One Penn Center Philadelphia, PA 19103 ID#74276 Dated: May 2, 2012 Dated: May 2, 2012 * Signed with permission of Joann Needleman, Esq. FILE NO.: FT113552 r*t ? M ?' M = ;?o .. , ...o r-- " Andrew Sklar, Esquire (ID #65332) ?y> , r ri CD Lloyd S. Markind, Esquire (ID #52507) Sklar - Markind Dc s -° tom- i 102 Browning Lane, Building B, Suite 1 C C.) Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff ..ti FILE NO.: FT113552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAZDA AMERICAN CREDIT Plaintiff vs. EMILY G GARDNER Defendant No. 09-5721 Civil TERM CIVIL ACTION PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of Plaintiff, MAZDA AMERICAN CREDIT , and against Defendant, EMILY G GARDNER , for failure to answer or otherwise respond to the Complaint. 1. The Complaint was served upon defendant on August 24, 2009 by Sheriff. A copy of the Proof of Service is attached hereto as Exhibit A. 2. A Notice Praecipe to Enter Default Judgment was served upon Defendant by regular mail on March 14, 2012. 3. A copy of the Notice is attached hereto as Exhibit B. A copy of the Certification of Service of the Notice is attached hereto as Exhibit C. Pursuant to the Notice, Defendant had 10 days in which to answer the Complaint. The ten (10) days expired on March 24, 2012. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Assess damages in the principal amount of $10,516.28, being the amount demanded in the Complaint, together with contractual attorney fees of $.00 and interest of $2,608.38 for a total of $13,124.66, together with costs of this action. SKLAR - MARKIND / 11., so Pa ATTY G Andrew Sklar, Esquire (ID #65332)'g0?0V3 Lloyd S. Markind, Esquire (ID #52507) e#J ATTORNEY FOR PLAINTIFF No4iee M61fe Date: May 1, 2012 Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: FT113552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Rule of Civil Procedure No. 236) Revised MAZDA AMERICAN CREDIT : No. 09-5721 Civil Plaintiff vs. EMILY G GARDNER Defendant TERM : CIVIL ACTION CERTIFICATION OF NON-MILITARY SERVICE Andrew Sklar, Esquire, hereby certifies and says that he is the attorney for the plaintiff; that he is authorized to make this certification on behalf of plaintiff; that the above-named defendants EMILY G GARDNER reside(s) at 98 WHITE DOGWOOD DR, ETTERS PA 17319-9571; and that the defendant(s) EMILY G GARDNER is/are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Affidavit also certifies that the address of the plaintiff is 1335 S. Clearview Avenue, Mesa, AZ, 85209. I verify that the foregoing statement of facts are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S.A. 4904 relating to unsworn falsifications to authorities. SKLAR - MARKIND Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) ATTORNEY FOR PLAINTIFF Date: May 1, 2012 Department of Defense Manpower Data Center StaWs Report Pmuant to Servicemembers Civil Relief Act Last Name: gardner First Name: emily Active Duty Status Date A r-30-2012 Results as of : Apr-30-2012 12:59:17 SCRA 2.1 Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 41121 )4. JL AIIJ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as 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 only 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 was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 4AP7HENB3H Exhibit A Sheriffs Office of Cumberland County R Thomas Kline Sher Ronny R Anderson¢.?ttY ?rtdla?rt(? Chief Deputy' %k Jody S Smith Civil Process Sergeant OF440E OF THE 8+6EA..1FF Edward L Schorpp Solicitor Mazda American Credit vs. Case Number Emily G. Gardner 2009-5721 SHERIFF'S RETURN OF SERVICE 08/24/2009 07:42 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 24, 2009 at 1942 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Emily G. Gardner, by making known unto Don Pinti, adult in charge at 513 Market Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.74 August 25, 2009 SO ANSWERS, 'R*THOMAS KLINE, SHERIFF By Deputy Sheriff Exhibit B nnurew :)xiur, esquire kw r+o»>?? Lloyd S. Markind, Esquire (ID#52507) Sklar -- Markind 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 (856) 616-8710 Attomey for Plaintiff File No.: FT113552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Rule of Civil Procedure No. 236) Revised MAZDA AMERICAN CREDIT : No. 09-5721 Civil Plaintiff TERM vs. CIVIL ACTION EMILY G GARDNER Defendant NOTICE OE INTED[IION TO TAKE DEFAULT TO: EMILY G GARDNER 98 WHITE DOGWOOD DR ETTERS PA 17319-9571 DATE OF NOTICE: March 10, 2012 IMPORTANT NOTICE 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 (10) days from the date of this notice as set forth above, 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 or cannot afford one, go to or telephone the following office to find out where you can get legal help; CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST CARLISLE, PA 17013 7171249-3166 e?--'S'7 - MARKIND Andrew Sklar, Esquire Lloyd S. Markind, Esquire Attorneys for Plaintiff Disclosure You are hereby advised, pursuant to the Fair Debt Collection Practices Act, that this firm is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. Y r C7 OvNcp f1 0 v o > ? ? W s Ca? a. O ¢ O s m u {A' N n O to w w `n G 6?s?11Nf1 o a ? 04 w0°' Az?M wow a b CG M (S? N O ,U.., O 79 00 pp Z M 2 x A ?oVA Exhibit C Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: FT113552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Rule of Civil Procedure No. 236) Revised MAZDA AMERICAN CREDIT : No. 09-5721 Civil Plaintiff TERM VS. EMILY G GARDNER Defendant CIVIL ACTION CERTIFICATION PURSUANT TO Pa. R.C.P. 237 The undersigned hereby certifies that on March 14, 2012 I mailed a true and correct copy by regular mail, of NOTICE OF INTENTION TO TAKE DEFAULT to: EMILY G GARDNER 98 WHITE DOGWOOD DR ETTERS PA 17319-9571 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. KLAR - MARKIND Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) ATTORNEY FOR PLAINTIFF Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: FT113552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAZDA AMERICAN CREDIT : No. 09-5721 Civil Plaintiff TERM vs. CIVIL ACTION EMILY G GARDNER Defendant TO: EMILY G GARDNER 98 WHITE DOGWOOD DR ETTERS PA 17319-9571 May 1, 2012 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Confession of Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Sklar - Markind Andrew Sklar, Esquire Lloyd S. Markind, Esquire at this telephone number: 856-616-8710 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5721 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MAZDA AMERICAN CREDIT, 1335 S. CLEARVIEW AVENUE, MESA, AZ 85209 Plaintiff (s) From EMILY G. GARDNER, 98 WHITE DOGWOOD DR., ETTERS, PA 17319-9571 (1)You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FEDERAL CREDIT UNION, 1711 SPRING RD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$13,124.66 Interest FROM MAY 7, 2012 - $121.94 Atty's Comm % Atty Paid $170.24 Plaintiff Paid Date: JULY 20, 2012 (Seal) L.L. S .50 Due Prothy $2.25 Other Costs IDCO-) ?d CVO . a U_e ?l David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : ANDREW SKLAR, ESQ. Address: SKLAR - MARKIND, 102 BROWNING LANE, BUILDING B, SUITE 1, CHERRY HILL, NEW JERSEY 08003 Attorney for: Plaintiff Telephone: 856-616-8710 Supreme Court ID No. 65332 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAZDA AMERICAN CREDIT 1335 S. Clearview Avenue Mesa, AZ, 85209 V. Plaintiff(s) EMILY G GARDNER 98 WHITE DOGWOOD DR ETTERS PA 17319-9571 Defendant(s) INTEREST $121.94 from: May 7, 2012 PLUS COSTS TO THE PROTHONATORY: No. 09-5721 Civil CIVIL ACTION a 3 PRAECIPE FOR WRIT OF EXE N?- (Money Judgment)' f" - O C M S? rj c -4 W d10 (1) Issue writ of execution in the above matter, directed to the Sheriff of CUMBERLAND County, against EMILY G GARDNER , defendant(s) (2) and against, MEMBERS FIRST FEDERAL CREDIT UNION, 1711 SPRING RD, PA 17013 garnishee. AMOUNT DUE $13.12. 66 say, so p4- 04, SO ev'M sl.c c. cv+?lv36 a-7 Sv ,, so CIL w`N 7 a-q p d. Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) Daniel J. Santucci, Esquire (ID t? ys ?w?C° #92800) s b e ?C, Attorneys for Plaintiff Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, New Jersey 08003 (856) 616-8710 Dated: July 2, 2012 r= cw c, Yj FILE NO.: FT113552 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor -tip .. 'T I i?t! Mazda American Credit vs. Case Number Emily G. Gardner 2009-5721 SHERIFF'S RETURN OF SERVICE A? 07/30/2012 11:11 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2012 at 1111 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Emily G. Gardner, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jan Finkle, Member Service Representative, personally three cope s of interrogatories together with three true and attested copies of the writ of execution and made the cont6nts there of known to her. The writ of execution and notice to defendant was mailed on July 31, 2012 to Emily G. Gardner at 98 White Dogwood Drive, Etters, PA 17319-9571. SO ANSWERS, July 31, 2012 RON R ANDERSON SHERIFF Eli abeth Mulle,r Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAZDA AMERICAN CREDIT : No. 04-5721 Civil \\S?_ Plaintiff N rnm 3M. rn C= v$. Z . CIVIL ACTION Zr ? EMILY G OARDNER cnn Z Defendant Tj1111 `"' ?' C_- r INTERROGATORIES IN ATTACHIvIENT _, TO: MEMBERS FIRST FEDERAL CREDIT UN10N , Garnishee: You are required to file answers-to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you, I , At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him (her/them) on any negotiable or other written instrument, or did he (she/they) claim that you owed him (her/them) any money or were liable to him (her/them) for any reason? (A QS 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant? 0 D 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? 1A O 4, At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had any-interest7 0 0 At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? ?A p 6 At any time after you were served did you pay, transfer or deliver any money or property tot he defendant(s) or to any person or place pursuant to his (her/their) direction or otherwise discharge any claim of the defendant(s) against you? N? 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have fiends on deposit in an account in which funds are %4% r? Z c- C? deposited electronically on a recurring basis and which are identified as being funds that o upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal f.Offl law? if so, identify each account and state the reason for the exemption, the amount bein T. TO withheld under each exemption, the amount of funds in each account, and the entity 01 940 electronically depositing those funds on a recurring basis, N p 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 41 Pa.C.S § 8123? If so, identify each account. \ N D - 1.5 3'--1. $ "1 ? S , mc-k4-1" 3fz'o. 0- v f- 9. How much is the value of any property in your possession belonging to the defendant(s)? * 1,Ssq. g Date: July 2. 2012 Andrew Sklar, Esquire (11) #65332) Lloyd S. Markind, Esquire (ID#52507) Daniel J. Santucci, Esquire (ID #92800) Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 (856) 616-8710 You are hereby advised, pursuant to the Fair Debt Collection Practices Act, that this firm is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. .~ &~ i N Daniel Santucci, Esquire (ID#92800) ~'' SKLAR ~ MARKIND c~n~ N 102 BROWNING LANE, BLDG B, STE 1 -<~ ~' CHERRY HILL, NJ 08003 c-a ~ (856) 616-8710 ~' ~,, Attorney for Plaintiff(s) ~ U, Our File Number: FTl 13552 _ ' {,~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA; CIVIL ACTION -LAW MAZDA AMERICAN CREDIT Plaintiff vs. EMILY G GARDNER Defendant No. 09-5721 Civil TERM CIVIL ACTION PRAECIPL TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment as to garnishee, MEMBERS FIRST FCU, in the above captioned action. ~ Date: .August 7, 2012 Daniel Santucci, Esquire Attorneys for Plaintiff -i ~, ..~ ca . ~, `~ ~q.5o pp 'ny e~~q a ~QS