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Home My WebLink About09-5722ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 harlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Defendant(s). 15) 89 /IJ0 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. TIM NYE 20 N Corporation St Newville, Pa 17241 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 i ( tp_rM Case No. (? - J%2g em Le ban 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 al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o can un abogado y entregar a la corte 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. Ademas, la corte 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 para 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 k2 I--)) /Z59-/1JJ _ MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. TIM NYE 20 N Corporation St Newville, Pa 17241 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 09- 5"7.LJ. Cc.u2-Q ?t 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, Tim Nye, is an individual who resides at 20 N Corporation St Newville, Pa 17241. 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 May 2, 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 $26446.00 at an annual percentage rate of 7.540%, in order to purchase a certain motor vehicle, 2005 Mazda Tribute 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 $349.10 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 October 28, 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 $5000.00, however a balance of $4269.44 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 $130.53 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $4399.97. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $4399.97, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. MAVRIM 81/NEEDLEMAN, P.C. AYLOR, ESQUIRE Attorney 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 i PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 06102105 Sayer (and Co-SUyer) Neme .d Add.S (Including County One Lp Code) CREDROR (Seller Name and Address) i TIMOTHY M NYE FREYSINGER PONTIAC GMC BUICK, INC 20 N CORPORATION STREE 6251 CARLISLE PIKE NEHVILLE PA 17241 MECHANICSBURG, PA 17050 it Ok Yar, me sayer WW Co4k,-. N anyb awy boy h bra bee for sera. on .-OL Ttw "Caen Price" .hewn hobo la IM seen am. st eve armaa. TM -row awe prove" sown brow a sea wean laws. BY rpakv thia cowmK you moor m bey an wool water Ire spreanar. a. eve uest eW beak a 1Na oamw:n .,_. '.i v--. --, sew- ate 1 1-T-1-1 Velicw Idamlliullon Nurlber UM For WNth PurgOMd NE11 2005 MRZDA I TRIBUTE I N/A 14F2YZ02Z551 tree n20BSUNDAI ELANTRA $ 9620.04 $ 9620.04 Year and Make Gross Allowance Amaunt Owng ITEMILITION OF AMOUNT FINANCED t. Cash IAdea .......................... s 22275.84 111 1 2 Down Payrrwd 4000.00 Third Party Rebeta "nod to creditor .. . . . .. . s pt 1500.00 Cash d&4n rt- $...5620:04.... 9620:0 N/A rTm r W. wen wawww -owg Total Don 5500.00 Payment ..................... s (2) 3. Unpaid Cash Prim Bottom It minus 2) ........... 5 413) 4. Amounts Pail an Your Behalf (Seger my be ,Wning a portion at theta amoums) To Ineuren a companies for. Cron Life insurance (for term of contract) . ... . . . S N/A Credit Disability In nuance (for term of contract) . $ N/A ITefrwmrrw_Mr?IFsllmete)122.5? N/A To Public Otactel (1) foOU A-33-Sd). title Is ), a regkrmuon (s- . )tees f (d) for sung fees $ 50.00; hies (r t in Caul, Price) ll519.35 5 602.85 Ta ?Fflr _ for S 22.00 To S far s N/A N/A tor ToTTkE-T W_ $ 5.00 Total. . . . . . . ... . . . .. . . ..Jr.85 (al S. Amount Financed IS piue 4) .. . .. .. .. . . ..... . s (s) FEDERAL TRUTI44N4LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Prim RATE The dour amount The amount The ammnr TMs ww rwst The cost of your the -at wit of credit You will have patta? .,am as a yeany P°`*1etl aitl'w1e" rnm, w you or on you tmave wd wog your your DMaN mode ea wtauead 7.64 A 5 3540-31 $17405.69 ?Woo s bd?S O? Number of Amount of Each Wheel Prymente Payrcent Seheouk - ? POY O nu f payment Vour payment sdwdule -?- vent be: 1 final s N/A 01 JUN 20 05 l7 Prepayment: s you pay on your am wny, you wui tar nave a pay a pwway. Late Payment: You must pay a late charge an the portion of each payment 11CONOd more than 10 days late. The charge is 2 percent of the late moult or $50.00, whlchwer is lees. Security Interest: You am giving a security Interest in ft vehcle being purchased. Contract: Pines ace this contact for additional information an security interest, nanpsymeM, defauk, the right to require repayment of your debt in full before the aChadolao date, and pepayment p owlty. a You do red most yaw Conaap obpylwna, YOU may last the v**W that you as fin 009 l.do' thla contry t. as well as both pars and goods pal On tho v9WW and money Or goods nC.hed iW le vehid.. NON-MODIFICATION DISCLOSURE Arty cnsrge in Nrrllew m WrFrval and 02nd by you ant Inca Crstllo, gayer X _ co.BaywX S one Bigns 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. SIGNS and reviewed a true end complete filled in copy contract Buyin(a vsd a hue and ( 50 Passeal O Agriaautel 7399 I 0 ?°'""'°"w INSURANCE YOU MAY OBTAIN VEHICLE INSUR- ANCE FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REQUIRED TO OBTAIN CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE. THIS CONTRACT WILL NOT INCLUDE THEM UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. THIS CONTRACT DOES NOT INCLUDE LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. 0 Credit Life Insurer N/A $ Premium Insured(s) Signature(s) Credit Disability insurer $ N/A Premium Insured Signature 0 GAP INS Other Optional Insurance Tenn Insurer Premium Signature Crags Le and Oren Oaabilty Inaur.nne era for the Perm or the ContmaL Th. amount and .ou.r.gas - an- In . none. W agreement given b you todey. You moat Iewe the vehicle- n a charg. to shown balm, ea Creditor will try m buy the Cavempas attacked for the 1- an-. Cover- ages w10 be based on to can value of tn. varlda at time Of "aw, bat not mace man the gain of the policy. 0 Compranauwe 0 s_ IA Da iaw Coaaion 0 fire-Th ft-Cmnbined A4Jnoel Coverage 0 Towing and labor 0 Term Mandl (Eaemab) -Pr.W,..S N/A 0 oast C 1alwa Waiver Addpdun IOpaaeel If Ida box Is damlad you hove Part: a OeN Caroefti on wwo Puldwee of Min oavwepe b opaonr and is rat I-W-d w Obwn vend!. lln acme and ""c" d tlr chat carcallalon waver an set lath M an, Maned Add rah. whim a aoorporawd Iran Min aonwa. TM once I. Iw dew ca M on -KW a sw Ism on ". ca Vocm in " M-6. .1 Amaurd F -d undo, motion 4. LST! By .1brino below, 00 teOWMF sweats nit oanb.cL n e a to A.Mgrw Ia named In ¦ saP.M. QUESTIONS? Week SrvLc sec ITear-9m m (nrawon aoelon e+Y M,vde SEE BACK FOR ADD L AO EMENIS. Pw MazdaAmerican Credit. PLEASE CALL US AT 1-800.945.8000 or visa us at www.mazdacnwiLcom ORIGINAL 03-002 ------------ - ---------------------- --------------------------------------- Mazda American Credit AUTO CHECK Payment Plan Enrollment Authorization 11111 .: re .wwweww ..ton.°"a.ke.awdwwM.::m zwm sew r? 'sdec,ean Ihbn ?d err?mamabn w m?erw?eiYrw?oaei mW r m wYa?mm rb oewon wi s wows xw (a nY? ew,?edetwe, sr?eu+?e.?vtoueemUm ?r "'Ir,aora ?wvr. news CbMMrreevytlYnewunm eemv?ama?rradardwn velar. Mil. frwl: t ?pn W nv,m vm Gmrmvr Mmn ar?raCM Wiu,Mmen QnvM1 lmnm ?sY?6m wm WN Ghat ? s: ? OeeN?an? C,vm emn Mnbr vatmvlm lobe. mesm?+.m?em N ?w ¦mV k M1un W ee?amwe amwR?e! rFV. mnv 6rtClwr Ub, Imur Owv,s 8aai boson nu,me tees. ia,kre ??wbtl tlr?l vtlM Mw wM Ywa'nAlhv. Nee sp?aro rem M.s.a..m ao veto ve ?? arm?cmaukm vmnn toner a.+vrarwm,moa.+om.reew.. ? s' lam b W trove. wenlia Mrwve m sew elrra w ddwP aim ileoke ?? SMP a N s ?e W e„e? Newnn We,mwow^Y cuwws9+A Ow n • wr area nn odds v^Pw w veeanvv Pore. re m:?R ?M. ra?ea, b? Ye® MGr® MO pw veeetmMasap ntht-avYr f+de c.M' en']-r:r,rrv?r '.? ADDITIONAL AGREEMENTS as\IS\rs Poy ttents end Summary Holies: You must make all payments in U.S. fads when they am due. You may prepsy yaw debt at any lire without penalty. This is e simple WWoogN hlaKMOBNuI1i11nta charge you agree to pay will depend on YdIM payf Wlgt? Xft actual Marhae charge may axcetlgb0 t you make your payments Nor then the serheduled dates or In Was then the scheduled amount. The CmAla will apply your payments first to the earned and unpaid part of the Fireres Charge and then to the unpaid Amount Financed. The Creditor earns the Rna ce Charge by applying the Annual ftmenlege Rate to to ulpold Amount Financed for the actual -lime the u outslemdinIf. H the vehicle is repasassea you-iw11 rotlrive?' a.9t two rwwtoM the contract unless the Cro&or somas. 3WA 8. Security mane t: You give the Creditor a security kWMI b: 1. The vehicle and OR pares a otwr goods Put on the d?SES 2. M money or goods received forms vehicle; end file. 3. AN Nlsurahce prorNhms end eanvice aorrtrads financed for BB.BS80 you. " GWS ail This necuria payment of ant amounts you owe in this contract. IM secures yam other agreenwne In this contract. 08.8wa C. Use of Vehicle - WARRANTIES: You must fake arepptbSSlWO and obey all laws in using It. You may not sent or rem the vehicle, and you must keep it tree from the C Wms of other. You will not use or permit the use of as vehkle ohtalde d the Untied Shtes.gpjjj}pl for up to 30 days in Canada or Mexico, without to Prior wfMig4twmt or the Creditor. N go wide Is of s type normally used for 2437?wprp.?wyw???Vse? mdhor, or the vd"'s mmwhcWrer, 1f1tT010V 7 1 my Wservice t . * of covering the "hwe ed at this Rinses for i tall?tMe, IMP"d vW i> purpose covering no vehbe_ Otherwise. YOU d i @pan Net them am no such implied warranties, eawmt as otherwise provided by pate ban. 68' . SL 1 D. Insurance: You must nature yourself and the Creditor against love or 2R3TbEMbNM 2103090VNQhe Creditor must appnow INIA 404 amount of insurance. t the Cmdior obtains a refund orlBm/ilRlx serv10e conlitai tltdCliNOHBB subtract the refund from vthat You owe. Willer or not th vehicle is Inwmd, you muss pay for N It it Is lost demegs4 or deafroyed. H a charge for vehicle kwsa too is shown on the hont, to Creditor MN try to buy the coverages cocked for tern ahowlL The C-0" IS rot liable, though, if be carrot do so. If these covemg rs 0001 Moro van the amount shown for insurance. the Orediler way buy hem for a Moor, tarn of he may give you uedt for me amoum Mown. It he comet buy arhy Iharrwos, he will give you amou t shown. TMaedtwelbs modeto00100 -.EPAEL 91 E Lear Charge: You wl8 have to pay a less charge an the Pontoon d each payment mocked Mora than ten days hale. The charge is shown li on an hom. Acceptance at a We payment does rot excuse yes dot" or neon mat you can keep making parent after insy 0`6 due. The Croder may take the stops set forth in Oft catrecl HIBId in any d01auh. F. DefoullYou willbe in defavh it: 1. You do not make any psyriaint whwnh is d RWq HT 13N 2. Ycu.gave fake or misleading hiormggd TOA" 1H SSE application reed rng to pis conll?E4 Act HNDT81 RRDH 3. Your vehicle Is seized by any 100111, state, a 160" authority and is not promptly and Iacondt10aNy returned to you; or 4. You file a bankruptcy featkn or one is filed egoist you: or S. You do not keep any offer agreement in tltls Contract. It you default, y ~ay ~ afted axpen Wi4leted to enhancing this contract. Including collections expanses. Iewyers fees 3HDba other legal separate. Also. tl you defaudl, the CraOaa may require you to pay at ono the unpaid Amount Financed, the named l and unpaid pert of the Finance Clulge, and all other nmouds due under tan contract. He may reposeMs a" back) to vehicle too. He may also take goods found in the vdwJ* when nepowwd and hold than for you. fi the vehicle is taken back he VAN fiend you a n I The notice VAN _seYtt?hat ygu may redeam (buy beck) to vebicle, end will explain how deem the ve&VVYou may redeem the vehicle up to the Wm the Cradtor sofa it or agrees to sell h. H you do not redeem the Vefhkda. H will be sdd. The money from the oak, ins allowed expetaes, will be used to pay elm amounts so owed an the corerad. Allowed experwas Include those paid as a aced result d having b reels aw vehicle, ttol6 k prepare h for sale, and sell N. H them is any moray lit (a sun"). R will be paid to you. 11 to moray from fen sale is not atohghh to pay off this contact and costs??.yy??h? will pay what Is still owed to the Creditor. i8jiaS8o not paWedinqum when the Cartier asks, the Creditor may charge you 10111ereL41 to highest 011MIrake uhf you pay. 88.2 G. Comumm 1NpoM--Ibu aeatze Match Amedesn Credo b obWn coraumer credit report Irom consumer reporting ageneNe (credit 1pq ?(pr?pyp?Nryn and at any trglpBgP ityption with due contract. H, General: To contact Mazda American Crodk abort are account. ax 1400.945.6000. Also, you pry wake address and other selected images at wwwAiazdacr@&Com. The law of Pennsylvania eppees to this contract. If that law dose not allow of of the agreements In this cadmd, the ones two are not allowed will be void. The race of this contract will sill lea goal. FTC NOTICES NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED "B #jVTOO%WMVdPREPROCEWhIEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Used Wild Wele Buyers Guide fifyou are buybg a used veniftO Oft contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT- INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. GUARANTY To cause the SNar to sail its vehicle described on fee front d this co nbaet to the Buyer. on crerdil, earn COMM vdw sign below as a "G xnr nW gvemrtees the payment of this contract. This nears that f the Buyer We to pay any Mbfey that is owed an are coniraC? own one who a"ao as, a thherernfor saw ply It when salad. Each Parton who atpns blow sprees that he wN lea fable for rn vNCla dnawt owed even a axe or more o ha persons also siPw this Ousrerhgr. He also epsev to be Noble wash H tla Creditor does on or has of the blbwkhQ W19ives as Baler more lbw to pay one or mom payrterts, or (b) ghee a mew in full or in Pas to any of the otter Guarantors. or to) reasons any security. Each Guaranty also stakes that he has teceiasd a completed copy of this eat red and this Guaranty at the lime d signing. 6,4swoor Address Guaemor A Tess AMWOWn Is a retod d mldvhgi aayry __Clain. dispua, or CMWM ray (cdNcWWy, a'CIWm') without filing a Mvsult In court. Efdar you Of Creditor ("us" or ver) (each, a Party') may doose at any on. kdudkg after a ewati t in a1eQ to haw ory Claim meted bats con- tract deckled by arbWafaa. Such Claia Io ids WA am at honied to the 1) Clams hn cabac, tort regulatory or otherwise: 2) Claims mpladig as kanprWtlon, scope, or validity of this clause, or sAl of bow; 3) Claims between. you and us, our dtho"as, agents, sucosenos, assign, stbdd Wild. Of a181Mea: 4) Claims adsing out to of mating to your application for as&, this conlraoL or any resulting transaction or relationship, YnClnrdkg #0 with the desist, or any such relationship with third pates who do not OF aMS cormoicl. li1WRTS YOU AND WE AGREE TO GIVE UP V••' W you or w/0 a Rn. man you an6 YYe agree to wefhw the following rights: CIE RIGHT TO A TRIAL WHETHER BY A JUDGE OR JURY RIGHT TO PARTIOIFATE AN A CLASS RaRN WATNE OR A CLASS MEMBER N ANY CLASS CLAN YOU MAY HAVE AGANNGT US WHETHER W COURT OR IN ARBITRATION BROAD RIGNT3 TO OIBCOVaRY AB ARE AVAILABLE N A LAWSlrrT RIGHT TO APPEAL THE DECM ?OF MJ ARBITRATOR • OTHER RIOWM THAT ARE AVARJUK.E N A LAVVBW faWNe You Aid We Uo Not Give M: It a Claim Is arbitrated, you and we will continue to have the folowkg rights, withat waiving We a a wary twean: r) R?h1 to fib In court 21 Right to entorm to security IMarv l in the vehicle, whether by Iepon a thrgupn a noun of far 3? tetMac4 Up atwkalora dadalal 'Oyu fMWFWtl a court of law review, who" to abitator Either Party mat contact any woadabnn below and on other Party to sfat arbitration. The applicable rules (the "Rules) may be obtained Ion to association. American Arbitration Associalbn ('AAAj, at 1.6006778&7879, or www.ndr.org: • J.A.M.SJEnd s", ak l4M)D 416.1860, a www.jansetr.CM National Arbitration Forum, at 1-800474-2371, or wwwarb-for"Aam. if I" m t.4. bass. 811 Rues and tlts contact, this OOMmd sluepovam? This Cof"d it aWlact to the Federal Arbitration Ad (9 U.S.C. 5 1 at as%) and to Fedora Ruln of Evidenee. The arbitration oeUabn smell be In writing with a ug)orllrg ophh10n• We we Man and bitnalot total pay few. exce aes of 912S?wv to wheals Rlrg fee e 9 we dde mated arbN/a ioh?yAny portion eta ai ION a lmwho c wit that otherwise unenforcea ben Itt where MC Inv-sh so b (Prowous edwcn may be a!a) PA ••.PRN"' Mazda American Credit P.O. Box 680020 FRANKLIN, TN 37068.0020 (800) 727-3000 POPCLHOO200041 TIM NYE 20 N CORPORATION ST NEWVILLE PA 17241 Date of Repossession 01-31-2009 Date of Notice 02-03-2009 Date of Contract 05-02-2005 Account Number: 038993741 Buyer TIM NYE Cobuyer DESCRIPTION OF PROPERTY Year 2005 Make MAZDA ?x New ? Used Vehicle Identification Number: 4F2YZ02Z55KM57399 Model TRIBUT Body 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 16 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: MANHEI IS AUTO AUCTION 1190 LANCASTER ROAD 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 sold. Unpaid Balance $ 8.818.22 Plus Costs: Repo Expenses $ 200.00 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 under your agreement: 1) The buyer and any cobuyer named above; 2) Any dealer/original creditor named below; 3) If there are other people, they are named on an attachment sent with this notice. Plus Late Charges $ 19.72 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 9,037.94 (Plus expenses incurred if default at the time of repossession exceeded 16 days and less rebate received after the date of this notice.) Your property won't be sold until 16 days after the date of this notice at the EARLIEST. After that you can still get it back any time before its actually sold. 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. 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 lt to the dealerloriginal 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 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. MIA RIPPY FFNA 1198837 Jan 02 Prenous edmons may NOT to u-1, CUSTOMER/CUSTOMER FILE Printed m U.S.A Mazda American Credit P.O. Box 680020 FRANKLIN, TN 37068-0020 (800) 727-3000 POPCLHOO200041 TIM NYE 20 N CORPORATION ST NEWVILLE PA 17241 Ir11ll111dIdIIIis IIIIIIIIIIIIIIIIIIIIIIIII1l11l1111111111111 7190 0640 0010 0089 7280 OPCLH 002 E00041-1001216 1/2 C o? - j7 $ o 0 0 0 .y H N N y a g ° ? 8 N = LL S N ? NN to i °. N ti NN N go 4C40 1 co co co N W H N p N N' H a° ti ? F? r ? N ?.. $ Iaa?pp ? O co O a00 N N Q?r O ? ? N co g N W a? c?p t'O ? ? ? l N L-0 IL Q Q?? 01 A?r OZa O f? ,,? o w ? o •- ? 3? o} w? m $ od ?N r it aZC yOf 5 21 N ? `°o ?iiS m o? c 8 a CL ?- P. S ?a NS a Sol o gym ?= as Z O. ??_ Sazz ?D Z? m g? ?w0 ??_? wpb o r a :9 ° } xY ° a $o ? $ ? u7 ° ? d- O? co > °Q } LL?? w =Zua Z JZ 0UU) a? U JwZO m? Q :, 5 n _ Jew 1 3J?w }l?? vw O ?zY? 250 j 0 Fc ° aZ o0. 0 o2v- ? =. a o 0F? ? o? Diu = o?nt/1 o cc ti Ln -0 rri ru r- rm cc -0 r- A ir -0 .0 no m r- 'Q a Ea ED r` t` t` r` -0 m Ln Ln ? a- Go 0 a- cc 0 a, o a- a a- o a- 0 v so 0 Ir s 0 ?o 0 0 0 0 0 0 0 0 o U) ? A A A Q O ? O r O C3 O C3 A O C r Qa' o ? O m O O -5 O O O p-- _ O? .. N ?+ p S O S O S O A O A O -a o O A O. A g w a a. o C3 C3 C3 C3 ^ O N=0 m T O - a- O o-- O a' ' O cr O a^ O a' A O it A O o- A a JGo .1 A - v,A v v v co ?- ?' 082z6Q00D'[0 '9006'[Z -- Mazda American Credit 9009 CAROTHERS PARKWAY FRANKLIN TN 37067 800 7273000 DATE: 2009-03-18 POQHI000100185 TIM NYE 20 N CORPORATION ST NEWVILLE PA 17241 STATEMENT OF SALE Account Number: 038993741 The following property has been sold. Year Make Model Vehicle Identification Number: 2005 MAZDA TRIBUT 4F2YZ02Z55KM57399 Balance owing on your contract (1) $ 8,837.93 Deduct: Finance Charge Rebate (2) $ 0.00 (3) $ 8.837.93 Balance less Finance Charge Rebate (1 - 2) Deduct: gross proceeds of the sale (4) $ 5,000.00 (5) $ 3,837.93 Balance less gross proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and (6) $ 390.50 any attorneys' fees allowed by law, and expenses of reconditioning and selling. (7) $ 0.00 Deduct: Insurance Premium Rebate (8) $ 0.00 Other: (9) $ 4228.43 Deficiency** (10} $ N/A Surplus* The Surplus/Deficiency will change based on monies received by us (credits) or addition al allowed expen ses & interest added to vour 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 P.O. BOX 6508 P.O. BOX 55000 MESA ARIZONA 85216-6508 DEPT. 194501 (877) 492-2865 DETROIT MI 48255-1945 FFNA11990 01/04 Previous editions may NOT be used. 0 oF -.-+,' t ?,- . ,?,?} AMY 2UUJ "ILIG ii 4-M .5o PA A`r" !`lQ 5q Q.T* o't2R 3q ? Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OF';CE')F'"E "ERIFF FILED:;- OF THE: 2009 A G 26) All 10: 38 T cu?vi" t v Mazda American Credit vs. Tim M. Nye Case Number 2009-5722 SHERIFF'S RETURN OF SERVICE 08/24/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tim M. Nye, but was to unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Tim M. Nye. The Newville Post Office has given a new address of JLN Besar-N0752 Kec Dolak-Sil Sumutra Utra 21168 Medan Indonesia 001936000N001. SHERIFF COST: $33.00 August 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 BY: Charlene Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7155 Attorneys for Plaintiff MAZDA AMERICAN CREDIT Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 09-5722 Civil TIM NYE Defendant(s). PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly Withdraw the Complaint originally filed with the Court on 08/19/2009 MAURICE & NEEDLEMAN, P.C. BY: Date: August 31, 2009 7m SEP 18 FM l2? 08