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HomeMy WebLinkAbout09-8924ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 arlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Defendant(s). 1J1 /;59 /1JJ FORD MOTOR CREDIT COMPANY, A CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY COMPANY COMMON PLEAS P.O. Box 6508 _ Mesa, Az 85216-6508 Case No. 09 _ S?a 4 eivi t ler1t Plaintiff, V. MICHAEL A EYSTER 115 2nd St Enola, Pa 17025 SARA J EYSTER 115 2nd St Enola, Pa 17025 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. CIVIL ACTION COMPLAINT AVISO Attorneys for Plaintiff 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 plaza 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 cone 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff ('115) "/89--/ 155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. MICHAEL A EYSTER 115 2nd St Enola, Pa 17025 SARA J EYSTER 115 2nd St Enola, Pa 17025 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. CIVIL ACTION COMPLAINT 1. Plaintiff, FORD MOTOR CREDIT COMPANY, A Delaware Limited Liability Company, is a Corporation with its place of business at P.O. Box 6508 Mesa, Az 85216-6508. 2. Defendant, Michael A Eyster, is an individual who resides at 115 2nd St Enola, Pa 17025. 3. Defendant, Sara J Eyster, is an individual who resides at 115 2nd St Enola, Pa 17025. 4. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 5. On or about July 10, 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 $43805.30 at an annual percentage rate of 2.900%, in order to purchase a certain motor vehicle, 2006 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. 6. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $607.17 for a period of 72 months until the loan was paid in full all as is more fully set forth in the Contract. 7. Defendant(s) made monthly payments until March 5, 2008, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 8. As a result of the default by Defendant(s), and pursuant to the terms of the Contract, the above-mentioned vehicle was repossessed and a notice of repossession was sent to the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice of the sale date. A copy of the notice of repossession and notice of sale date are attached and marked as Exhibit B. 9. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit given to the Defendant in the amount of $12400.00, however a balance of $20944.65 is still due and owing, and a notice of the deficiency balance was sent to the Defendant. See copy of the notice of the deficiency balance attached and marked as Exhibit C. 10. Pursuant to the terms of the contract, Defendant is required to pay all amounts due and owing, including any balance that may remain after the sale of the vehicle, and the Defendant failed to do so, thereby in default of the Contract. 11. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $850.35 and which will continue to accrue. 12. The total amount due and owing at the time of the filing of this complaint is $21795.00. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $21795.00, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. MAURIQE 84 IxEfDLEMAN, P.C. for .YLOR, ESQUIRE Date: December 15, 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: December 15, 2009 UEM14 [Uh9 071 We O6 ? ae.M MYNA wr aMne1 M ^?? ' tad????wMl NAQlIRE'S i0R0 INC. C/AYN i ilA C?9etl ?hanMwa NY?Mgs) Y- W rd CMM Uro arvaw. Q?.___ O aMMWq $ N/A vr.Mwrn .reseal Yes - C.4 asab" AwaM+w. 914. s1w- Dr#WR OPUMAL NMURANCC caMMy.r P""-ou YWSeK*.Camaa_,_ Ifertk!ARNEa R/ Ybu vM. 1 h t.Y?ylylq M Y/Mfl? PM?AIIMN an iaw abO?G I CA 1 ? I { i uc v 1 I IM' N 't : l l it r,_! I r:.. I. x Mr N ..M Fq la:. M W. -. G, ) d dD .. H I d KV Ni M+ 4 i dup { l p 4' ' ? . h l •YI ' 'ftn b L tttl. ? I M6M A ? nl 1 '.J f` r 4. n0. ., y ? , a . ..? . I.i r t ? t l t VI j I :Y G? I'Y tC .µ r kS I r I >t S W t S r .. - + I _ '. •.. !iMa CS. ., MCMNI)Fd:.! ',^, r'.. Rltt. A\>l:kf. 0. LRY-^,"Alll , s .M r n wR;.MVr J r:'ry 0.ni Ir441 W.h ? i^? . lV?n'ut5? . i ' WGKER !i[AV fO HEAD) h SCREEN['[) W, '^PRN"' Ford Motor Crew Company P.O. Sex3111t TAMPA, FL 33631,3111 (877) 349.5260 PW41"(002OW39 MICHAEL A. EYSTER 35 KOST CARLISLE PA 17013 Dale of Repossession 0r1&2008 Date of Notice 05 220-2008 Date of Contract 07-10.2006 Accounl Number: 041 OW83 2 BUM MICHAEL A. EYSTER C SARAJ. EYSTER DES'Pip 'rION OF PROPERTY Year 2008 Nldke FORD Cl New O Used Vehicle Identification Number. IFMEU74856UB34521 Model EXpLR Body 4DR a a? NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. x1 PRIVATE SALE: We vrk set tha property descrbed [] KOM SALE: We will ask the property described above at public above at primate sale sonWAn* der 15 days from the sale to the highest odder on the date below (or sryr adjournment Date of Notice storm above unless redeemed by you date). The sale wit be held as follows prior to such sale. ogle of sale Time of twk Place or sale You may aderd the sale and tong bidders V you went. 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. 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. The property is presentty stored at. MANHEIM AUTO AUCTION T1-*14"CASTER tFO --. MANHEIM PA HOW TO GET YOUR PROPERTY BACK To get your property back, pay us fins amount by certified check or money order before the vehicle is sold. Unpaid Balance $ 32,868.82 Plus Costa: Repo Expenses $ 200.00 $ S Plus Late Charges $ 23.89 Less Finance Charge Rebate $ Less Insurance Premium Rebate b TOTAL S 33,092.51 (Ptue expenses incurred k default at the time of mpossessm exceeded 15 days and low rebate received alter be dale of k»s 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 k back any time before ti's actually sold- It you do, we'll have no further claim on ill. But the longer you wad, the more costs (Including ""Ins) you may have to pay. If you hmve any questions abed this, please call us. ? The property has been (or win be) returned to. (dealerlorigkmt creditor) Under our agreement with you deeler/origmel creditor. the dealerdnxigi naf creditor is to said the property and pay you any money WR over. If you one money after the sale, you wig pay 4 to the dealerMriginal creditor. ? PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the next e0 days or, In accordance wdh state law, by contacting this office. Thereafter, the personal property shag be disposed of accorcktgly. ? Cradle- has sss4wd to its qualified intermediary (OI Exchange, LLC) its rWft (bul not its ob9getiuns) with respond to ilia safe of each vehicle listed above PAYMENTS: Ale pa ne"s to us must be by =08d check or money older. MILEAGE DISCLOSURE: 11 you are aware that the mileage reflected on the vehicle's odometer Is not accurate to any reason, please contact ue so that we can accurately report the vehicle's mileage. INSURANCE RIGHTS: If you don t went to get your property back, can the Insurance company or the dealer/original creditor to make sue Olaf any Insurance has been canrxked. You have a right to get credit for all premium refunds. FFNA Iteesa7 Jan 42 Prbngls W- may NOT b cued. Printed ill U.S A. EOM BOLES CUSTOMER/CUSTOMER FILE Ford Motor Credit Comparry P 0. (lox 31111 TAMPA, FL 33631.3111 (877) 3495260 POIWYOOZOM46 SARA J. EYSTER 35 KOST CARLISLE PA 17013 Dale d Repossession 05-IB•2008 Date of Notice 0&20-2008 Date or Contract 07-10.2006 Account Number: 04106083 2 Buyer MICHAELA. EYSTER Cabo SARA J. EYSTER DESCRIPTION OF PROPERTY Year 2006 Make FORD [] New n Used Vehicle Idendflgtbn Number: 1 FMEU748661.1834521 Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have yow property described above because you broke promises in our agreement. i .err.. M C]x P1tNATE SALE: We will sop the properly described 0 Pit OM SALE: We will sell the property described above at public above et private sale sometime after td days from the sale to the highest bidder on the dote below (or any edlourtxnmt Date of Notice stldrNn above unless redeemed by you date). The sake will be hell as follows: prior to such sake. pats of Safe Time of sale P ace of Sale You may attend the sale and brig bidders It you wart. - - --.?,?..- 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 lust 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 cal 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. The property is presently stored at MANHEIM AUTO AUCTION T'§iSTilNi;WM R6A15 _..... _.. MANHEIM PA HOW TO GET YOUR PROPERTY BACK To gat your property back, pq us tfde amount by certified check or money order before the vehicle is sold. Unpaid Ba)snos $ 32,(168.62 Plus Costs: I?" Expenses $ 200.00 $ Plus Late Charges $ 2189 Less Finance charge Rebate Less Insurance Premium Rebate TOTAL. $ 33,092.51 (Plus expenses marled ill default at the time of repossession exceeded 19 days and less rebate received after the date of this notice.) Your property wool be sold urdl 15 days after the dote of this notice at the EARLIEST. Alter drat you can add get II back any time before Irs ectualty sold. If you do, wel have no further claim on it. out the tongw you wait the mare coats (Wudkg repairs) you may have to palm If you have any questions about this, please call us. ? The property has been (or will be) returned to: (deetlerlorlginal credtto) Under our agreement with your dWerloriginal creditor, ttue deslerlodgnal creditor is to sea the properly and pay you any money tea over. If you owe mWey after the sale, you will pay it to the desleNorigi el credtar. ? PERSONAL PROPERTY: Any personal property found in In vehicle may be redelmed by you within the nn4 60 days or, in accordance with slate law, by contacting this office. Thereafter, the persoraJ property shay be disposed of accordingly. Creditor has assigned to its quailfied Intermediary (01 Exchange, LLC) its righis (but not its obligations) with respect to the sale of each vehicle listed above. PAYMENTS: Ad payments to us roust be by certified check or money order. MILEAGE DISCLOSURE: It you are aware that the mileage reflected on the vehicle's odometer is riot accurate for any reason, please contact us so that we can accurately report the vetdce's mileage. INSURANCE RIGHTS: If you don't wars to gel your properly balk, cap the bete ince company or the deekerbiginal creditor to make seise (hot any Insurance has been grx;etled. You have a right to get credit for ant p wrium refunds. EDDIE SOLES FFNA 1INS-31 Jon 07 Re+loae adshm. may nh07 h uard. -_--M--.?`__..__•?-?_?.. CUSTOMERICUSTOMER FILE Primed in U.S.A. a ?ti c o ? a 0.; J O O, _ ? ° ? w c g g e1 ? C ,Q, p•p?jg N N 4 g 1V ? yMp u L+lgR 'r N0 7 pC e4?a, O o -us N r r ?? d? d0. M1 Z? ,- °' ?`n ?, a OD ?'' ?6 co pad. ? giti u ??0 $-,r~on_ ?Z4 8U $N?a ? M3: D?p 0. " CC Fi ?L N t*t C7 to Y T. 3 rp- _" D Q O Z zr cr x V) r- A rA 5 L t? Z ?y O $Wi y S CS A D R D O rO?t O O C a r4 O Q D A C3 O C] A Q Q Q C3 -0 C3 C3 to • a q ?I D D p an d o ° s O ° D rt°- t?A -D A O O nD. rte; h C) 0 a- 0 C3 Ir A uai V > A rte" ? ? h9DOb'?L ??bE?.'LO?Cl'C[]t7[1 •es in It ? c o c tcf? Q 4? sn a? 1=i. O r N O N 8 ° o Np ? $ $gy N MY r4 03, ?' r r U*) to ° o a c3 ar ?iv?< 0 }.4 0 A, ru y Haw N? ' N? o ?? $ 3U ID. OtAp ,L 15 W n OZ cc??++ F- 0 0% 131 0 -j j% 4 ISO 6 Z ti? SV' Q' N r- r m ° a uy m o fn h?-? cr O m h rt O p h A Q ru h ? Q O O O O A C3 A C3 d L7 O ? 4 p r O 0 O A C2 A O d O d? ?* 0 C3 Q A A C3 O C) 0 T O O Cww $ r ? C2 [] O O 9' .D ..0 O 3 ?? 24- a ? ° .u -0 0 O ° O a 'Q- C A A r tea g -? ° ° a ° t4 - ri h O G ca cr A t h ar', cy O rA h ?, ?S 5 h ' +J667-L' oGo'El3Q13h9006'EL d Ford Motor Credit Company P 0 BOX 31111 TAMPA FL 33631-311 t 877 3495260 DATE: 2008-07-22 POK70"100217 SARA J- EYSTER 35 KOST CARLISLE PA 17013 Account Number 01060832 The following property has been sold. Year Make Model 2006 FORD EXPLR MICHAEL A. EYSTER 35 KOST CARLISLE PA 17013 STATEMENT OF SALE Vehicle Identification Number: 1 FMEU74856UB34521 Balance owing on your contract (1) $ 32,892.51 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ _.._?? 89 .51. Deduct: gross proceeds of the sale (4) $ 12,400.00 Balance less gross proceeds of the sale (3 - 4) (5) $ _ 20 492.51 Add: Expenses of retaking and storing, and (6) $ 452.14 any attomeys' fees allowed by law, and expenses of reconditioning and selling. (7) $ 0.00 Deduct: Insurance Premium Rebate (8) $ 0.00 Other: (9) $ ...__-__..-20944.65 Deficiency" (10) $ NIA Surplus" --.- -- The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to our 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 01704 Previous editions may NOT be used. Ford Motor Credit Company P O BOX 31111 TAMPA FL 33631-3111 877 3495260 DATE: 2008-07-22 POK703MI00216 MICHAEL A. EYSTER 35 KOST CARLISLE PA 17013 SARA J. EYSTER 35 KOST CARLISLE PA 17013 STATEMENT OF SALE Account Number: 041060832 The following property has been sold. Year Make Model Vehicle Identification Number. 2006 FORD EXPLR 1FMEU74856UB34521 Balance owing on your contract (1) $ !32,692.51 Deduct: Finance Charge Rebate (2) 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ Deduct: gross proceeds of the sale (4) $ 12 400.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 20,492.51 Add: Expenses of retaking and storing, and (6) $ 452.14. any attomeys' fees allowed by law, and expenses of reconditioning and selling. (7) $ 0.00 Deduct: Insurance Premium Rebate (6) $ -.._..? . 0.00 Other: (9) $ 20944;65 Deficiency" Surplus* The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (debits). Surplus" or Deficiency"* ' If the sale resulted in a surplus, a refund for the difference will be mailed to you. If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for payments shown below. For additional information call or write: Mail deficiency payment to: Ford Motor Credit Company Ford Motor Credit Company P.O. BOX 6508 DEPT 194101 MESA ARIZONA 85216-6508 P.O. BOX 65000 (B00) 732-2264 DETROIT MI 48255-1941 FFNA11990 O V04 Previous eftons may NOT be used. Ci? r ' Lys' Pp P? AA a. ao co jq?:,A,(v aas(045 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson RL?- QF CE Sheriff OF 7HLE PROTHONOTARY Qu?ti1n of ?rnrrbc???ft# Jody S Smith 4 2010 JAN _7 PM 2; 42 Chief Deputy Edward L Schorpp Wt Solicitor rb?? ?,3 Y±;-?? ° it?-1y LVr f4A Ford Motor Credit Company vs. Michael A. Eyster Case Number 2009-8924 SHERIFF'S RETURN OF SERVICE 01/06/2010 01/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael A. Eyster, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michael A. Eyster. Current homeowner of 115 2nd Street, Enola, PA 17025 advised Deputies he moved out over year ago. Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sara J. Eyster, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michael A. Eyster. Current homeowner of 115 2nd Street, Enola, PA 17025 advised Deputies she moved out over a year ago. 11-1 SHERIFF COST: $67.50 January 06, 2010 ;C; CCUn ySLAO Sheriff. Teleoso*t. Inc_