HomeMy WebLinkAbout01-0245HAYT, HAYT & LANDAU
BY: ARTHUR LASHIN
IDENTIFICATION NO 23425
SIXTH FLOOR
400 MARKET STREET
PHILADELPHIA, PA 19106-2509
(215) g28-1400
FORD MOTOR CREDIT COMPANY
One American Road
Dearborn, Michigan 48122
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMONPLEAS
CZVIL DIVISION
VS.
GUY FULTON and NANETTE $. FULTON
849 Myerstown Road
Gardners, Pennsylvania 17324
TERM,
CIVIL ACTION
"NOTICE
FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
"AVlSO
CML ACTION
1. Plaintiff, Ford Motor Credit Company, is a corporation duly organized and existing under
the laws of the State of Delaware, and authorized to do business in the Commonwealth of
Pennsylvania, with offices located at One American Road, Dearborn, Michigan 48122.
2. Defendant(s) Guy Fulton and Nanette S. Fulton is/are individual(s) residing at the
address(es) contained in the caption of the case.
3. On or about March 11, 1997, Defendant(s) (buyer) entered into a written Automobile
Instalment Contract (hereinafter called the Contract) to purchase a '¥ehicle" from a dealer
(creditor) as fully described in said Contract, said purchase to be made according to the
terms, prices and conditions contained within the aforesaid Contract, a true and correct
copy of said Contract being attached hereto, made a part hereof, and marked Exhibit
4. "Creditor" subsequently assigned the aforesaid Contract to Plaintiff, Ford Motor Credit
Company.
5. Subsequently, Defendant(s) did default upon the aforesaid Contract by failing to make
timely installment payment to Plaintiff and in accordance therewith the entire remaining
balance became due and payable immediately.
6. The aforesaid Contract further provides that in the event of default, Plaintiff may
repossess the '¥ehicle" and sell same in accord with the terms of the aforesaid Contract.
7. The aforesaid Contract further provides that buyer agrees to pay lawyers fees and legal
costs permitted by law.
8. As a consequence of the foregoing, there is currently due and owing to Plaintiff by the
Defendant(s) the following sums:
BALANCE WHEN REPOSSESSED
LESS: Sale Proceeds
Physical Damage Insurance Premium Refund
Credit Life Insurance Premium Refund
Accident & Health Insurance Premium Refund
Finance Charge Refund
ADD: Earned But Unpaid Credit Charges
Unpaid Late Charges
Repossession Expense
Balance Owing
Customer Payments Received after
establishment of Deficiency
SUBTOTAL
Interest
Plus Attorney's fees of 20%
TOTAL DUE
$9,090.08
2,30O.OO
.00
.00
.00
.00
361.34
71.36
182.50
$7,405.28
.00
$7,405.28
370.26
1,555.10
$9,33O.64
9. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay
the aforesaid sum.
WHEREFORE, Plaintiff demands that judgment be entered against Defendant(s) in favor
of Plaintiff in the amount of $9,330.64 together with interest and costs.
HAYT, HAYT &~U
BY:Arthur Las in'n, Esquire
Attorney for Plaintiff
STATE OF ARIZONA
COUNTY OF MARICOPA
AFFIDAVIT
Patricia 01sen, being duly sworn according to law, deposes and says
that she is Assistant Administrative Supervisor for Ford Motor
Credit Company, and that she is duly authorised to take this
Affidavit on behalf of Ford Motor Credit Company and that the facts
contained in the attached pleading are true and correct to the best
of her information, knowledge and belief.
Patricia Olsen
Assistant Administrative Supervisor
Sworn to and subscribed
before me this 27th day
HAYT, HAYT & LANDAU
~y: ARTHUR LASHIN
IDENTIFICATION NO. 23425
SIXTH FLOOR
400 MARKET STREET
PHILADELPHIA, PA 19106-2509
(215) 928-1400
FORD MOTOR CREDIT COMPANY
A3WORNEY FOR PLAINTIFF
VS.
GUY FULTON and
NANETTE S. FULTON
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM,
No. 01-245 CIVIL TERM
PRAEC!PE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONTARY:
Kindly discontinue the above captioned matter without prejudice.
HAYT, HAYT & LANDAU~
BV:
Attorney for Plaintiff